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PC - Item 3A - Exhibit E - Ordinance No. 1001 1 ORDINANCE NO. 1001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING ZONE CHANGE 19-03 AMENDING THE OFFICIAL ZONING MAP AND APPROVING MUNICIPAL CODE AMENDMENT 19- 02 AMENDING VARIOUS SECTIONS OF TITLE 17, FOR THE FREEWAY CORRIDOR MIXED-USE OVERLAY WHEREAS, the City of Rosemead is proposing the adoption of the Freeway Corridor Mixed-Use (FCMU) Overlay that encompasses six geographic areas within the City of Rosemead. The areas total approximately 60 acres (186 parcels) and were selected based on proximity to the Interstate (I-10) Freeway, location along primary City corridors and adjacency to public transit lines. FCMU Overlay areas are located along Del Mar Avenue, San Gabriel Boulevard, Walnut Grove Avenue, Valley Boulevard, Temple City Boulevard, and Rosemead Boulevard. The FCMU Overlay identifies special provisions for land use, development standards, urban design, community benefits and by-right uses, in addition to those in the existing underlying base zone, to support appropriate mixed-use and residential development. The FCMU Overlay also identifies public and private realm improvements that will further enhance the aesthetic and character of these areas. No base zones are proposed to be modified; and WHEREAS, the proposed FCMU Overlay is intended to provide new opportunities for housing, economic revitalization, and attractive placemaking at strategic locations along primary City corridors that are in general proximity to the I-10 Freeway. These areas have the potential to create attractive gateways into the City while also contributing to a more cohesive community aesthetic and development pattern for a more livable Rosemead. The FCMU Overlay establishes land use and urban design direction that will attract private investment to promote contextually appropriate mixed-use and residential development in targeted areas of the City. The FCMU Overlay also identifies public and private realm improvements that will further enhance the aesthetic and character of these areas; and WHEREAS, the proposed FCMU Overlay is an overlay zoning district that is voluntary in nature, meaning that the underlying base zoning designation for an individual property where the FCMU Overlay applies will remain in place. At the property owner’s discretion, a property may be developed under the existing base zoning designation or elect to apply the FCMU Overlay designation to guide the development of the property; and WHEREAS, the proposed FCMU Overlay features, designs and forms that together encourage high quality infill and mixed-use redevelopment of vacant lots and underutilized properties to their highest and best use, activates and beautifies the streets to create walkable environments, implements tailored parking standards, and illustrates conceptual development scenarios. Standards vary within the two categories of overlay zones appropriate for the intended type of development envisioned for the two FCMU Overlay districts addressing Corridor and Block contexts. The FCMU Overlay contains an Introduction (Chapter 1) that addresses the purpose, background and project goals, planning process, community engagement, opportunity EXHIBIT “E” 2 sites analysis, and vision with supporting objectives, as well as conceptual development scenarios. Chapter 2 (Land Use) of the FCMU Overlay describes the location, application, companion General Plan and zoning revisions, permitted uses, development standards, design standards, community benefits program, and density bonus provisions. Chapter 3 (Urban Design) provides guidance for the public and private realm, including policies related to sidewalks, street trees, streetscape furnishings, and sidewalk dining to support an inviting environment. Chapter 4 (Infrastructure and Public Facilities and Services) of the FCMU Overlay summarizes information related to infrastructure and public services within the overlay area. Chapter 5 (Administration and Implementation) of the FCMU Overlay describes the zoning authority, processing requirements, and administrative procedures required for amendments and/or modifications to the FCMU Overlay; and WHEREAS, the City of Rosemead has an adopted Zoning Code and associated maps, including specific development standards to control development; and WHEREAS, State Planning and Zoning Law and Rosemead Municipal Code Section 17.152.060(B) authorizes and sets standards for approval of Zoning Code and Zone Change applications and governs development of private properties; and WHEREAS, the Planning Commission is an advisory body to the City Council with regard to the approval of Zone Changes and Zoning Code Amendments; and WHEREAS, City of Rosemead policy encourages consistency of its Zoning Code with the General Plan and promotes separation of conflicting land uses through good planning practices; and WHEREAS, adoption of the Freeway Corridor Mixed-Use Overlay requires approval of a Zoning Map Amendment to the Rosemead Official Zoning Map for the affected properties to add the mapping symbols of “FCMU Freeway Corridor Mixed-Use Overlay” (Zone Change 19- 03); and WHEREAS, adoption of the Freeway Corridor Mixed-Use Overlay amends Title 17 of the Rosemead Municipal Code regarding the requirements and provisions of the Freeway Corridor Mixed-Use Overlay (Municipal Code Amendment 19-02); and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, a Program Environmental Impact Report (EIR) (SCH No. 2007111090) for the Rosemead General Plan Update was prepared and certified by the City of Rosemead on October 14, 2008, by City Council Resolution No. 2008-66; and WHEREAS, the City of Rosemead acting as a lead agency has completed an environmental analysis and determined that there are no new significant environmental impacts or previously identified significant impacts made more severe by project modifications, new circumstances, or new information associated with the project. Therefore, the City has determined that an Addendum to the Rosemead General Plan Update Final Environmental Impact Report is 3 the appropriate CEQA document to address project modifications in accordance with CEQA Guidelines Section 15164. CEQA Guidelines Section 15164(c) provides that an addendum need not be circulated for public review; and WHEREAS, on August 2, 2021, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative Municipal Code Amendment 19-02, Zone Change 19-03, and for the FCMU Overlay and recommended the City Council adopt Resolution 2021-29 and Ordinance No. 1001 for the approval of General Plan Amendment 19-03, Municipal Code Amendment 19-02, Zone Change 19-03, and the FCMU Overlay; and WHEREAS, on September 2, 2021, notices were posted in six public locations and published in the Rosemead Reader specifying the date, time, and location of the City Council public hearing to consider amending the Zoning Code and Zone Change pursuant to California Government Code Section 65091; and WHEREAS, on September 14, 2021, the City Council held a duly noticed and advertised public hearing to receive oral and written testimony relative to Municipal Code Amendment 19- 02, Zone Change 19-03, and the FCMU Overlay; and WHEREAS, the City Council, having final approval authority, has sufficiently considered all testimony and public comment presented to them prior to taking action on the project and its environmental determination. THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council finds and determines an Addendum to the Final Program EIR (SCH No. 2007111090) has been completed in compliance with CEQA, the CEQA Guidelines and the City’s environmental review guidelines. The City Council has reviewed and considered the information contained in the Addendum to the Final Program EIR prior to making a decision on Municipal Code Amendment and Zone Change for the FCMU Overlay. The Addendum to the Final Program EIR reflects the independent judgment of the City Council and contains sufficient information and analysis to allow the City Council to make an informed decision, considering the environmental implications of the proposed project, mitigation measures and alternatives. SECTION 2. Findings. The City Council HEREBY FINDS AND DETERMINES that facts do exist to justify approving Municipal Code Amendment 19-02, amending sections of Title 17 with the addition of Sections 17.28.010(D) (purpose) and 17.28.040 (applicability, approval procedure and permit requirements, permitted uses, development standards, design standards, community benefits program, and urban design provisions), and approving Zone Change 19-03, amending the Official Zoning Map in accordance with Rosemead Municipal Code Section 17.152.060(B), as follows: A. The proposed amendments are consistent with the General Plan and any applicable specific plan; and 4 FINDING: The proposed amendments are consistent with the General Plan in that the City Council approved General Plan Amendment 19-03 by separate Resolution and that amendment is limited to updates to certain figures, tables, text, and terms to ensure consistency between the City’s General Plan and the FCMU Overlay and does not amend Goals, Objectives and Policies of the General Plan. With the approval of General Plan Amendment 19-03; both Municipal Code Amendment 19-02 and Zone Change 19-03 are consistent with the 2010 Rosemead General Plan and specifically implements Goals contained in the Land Use Element and Housing Element. B. The proposed amendments will not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and FINDING: The proposed amendments will not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that Municipal Code Amendment 19-02 is limited to updates to the Zoning Ordinance text and Zone Change 19-03 updates the Official Zoning Map, neither of which directly result in physical improvements. Each individual development or redevelopment of parcels within the FCMU Overlay will be reviewed for compliance with the General Plan EIR and other City environmental policies as they relate to any potential impacts to the public’s health, safety, convenience or welfare. Further, the City of Rosemead, acting as a lead agency, has completed an environmental analysis and determined that there are no new significant environmental impacts or previously identified significant impacts made more severe by project modifications, new circumstances, or new information associated with the project. Therefore, the City determined that an Addendum to the Rosemead General Plan Update Final Environmental Impact Report is the appropriate California Environmental Quality Act (CEQA) document to address project modifications in accordance with CEQA Guidelines Section 15164. C. Additional finding for Zoning Code Amendments. The proposed amendment is internally consistent with other applicable provisions of this Zoning Code; and FINDING: Municipal Code Amendment 19-02 will modify sections of the Zoning Code (Title 17) applicable to implementation of development or redevelopment of parcels specifically within the FCMU Overlay and are necessary to ensure consistency of regulations and development standards unique to the FCMU Overlay without creating inconsistencies for existing zoning districts, land uses and their respective development standards. Further, the FCMU Overlay is an overlay tool that is voluntary in nature, meaning that the underlying base zoning designation for an individual property where the FCMU Overlay applies will remain in place. At the property owner’s discretion, a property may be developed under the existing base zoning designation or elect to apply the FCMU Overlay designation to guide the development of the property. D. Additional finding for Zoning Map Amendments. The affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography, the provision of public and emergency vehicle access, and public services and utilities and is served 5 by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located. FINDING: Zone Change 19-03 amends the Official Zoning Map, included as Exhibit “A” herein, which contains sites that are physically suitable to development or redevelopment as the physical properties encompass approximately 60 acres of established commercial corridors of Rosemead where vacant and underutilized parcels can support development of mixed-use development within the buildout assumptions of the existing General Plan. Although Zone Change 19-03 does not directly result in development projects, implementation of provisions within the companion governing document, the FCMU Overlay, contains regulations and standards to ensure that each project developed or redeveloped does not endanger, jeopardize, or create hazards to properties or improvements. SECTION 3. The City Council HEREBY FURTHER FINDS AND DETERMINES that Zone Change 19-03 is in the best interest of the public necessity and general welfare, that good City planning practice dictates and supports the proposed Zone Change, and that the amendment to the Zoning Map will designate specific properties “Freeway Corridor Mixed-Use Overlay.” SECTION 4. Amendment of Zoning Map. The City Council HEREBY AMENDS the City’s Official Zoning Map to add “FCMU Freeway Corridor Mixed Use Overlay” to six designated areas and DIRECTS City Staff to make the appropriate changes to the Official Zoning Map. SECTION 5. Amendments to Title 17 of the Rosemead Municipal Code and Adoption of Freeway Corridor Mixed Use Overlay. The City Council HEREBY ADOPTS the Freeway Corridor Mixed Use Overlay by ADOPTING Municipal Code Amendment 19-02 amending various portions of Title 17. SECTION 6. Code Amendment. RMC § 17.28.010 (Purpose) is hereby amended to incorporate the Freeway Corridor Mixed-Use Overlay Zone, as follows”. 17.28.10 Purpose. The purpose of the individual overlay zones and the manner in which they are applied are as follows: A. Overlay Zone Districts. An overlay zone is a zoning district that applies special requirements to a portion of other zoning districts. The City of Rosemead has designated certain areas within the city to be subject to overlay zones in order to supplement the base zones in these areas with special purpose regulations. Each overlay zone specifies the uses and developments that are subject to such special requirements. Uses and developments not specified are subject only to the requirements of the base zone district. B. Design Overlay (D‐O) Zone. The purpose of the design overlay zone is to promote 6 orderly development so that buildings, structures, signs and landscaping will be harmonious within a specified area to prevent the development of structures or uses which are not of acceptable exterior design or appearance, are of inferior quality or likely to have a depreciating or negative effect on the local environment or surrounding area by reasons of use, design, appearance or other criteria affecting value. C. Residential/Commercial Mixed‐Use Development Overlay (RC‐MUDO) Zone. The purpose of the Residential/Commercial Mixed‐Use Development Overlay Zone (RC‐ MUDO) is to provide opportunities for well‐designed development projects that combine residential with nonresidential uses, including office, retail, business services, personal services, public spaces and uses, and other community amenities designated with the mixed‐use land use designations in the City of Rosemead General Plan and consistent with the policy direction in the General Plan. The intent of this overlay zone is to accomplish the following objectives: 1. Create a viable, walkable, urban environment that encourages pedestrian activity and reduces dependence on the automobile through a streetscape that is connected, attractive, safe and engaging. 2. Provide complementary residential and commercial uses within walking distance of each other. 3. Develop an overall urban design framework to ensure that the quality, appearance and effects of buildings, improvements and uses are compatible with the City design criteria and goals. 4. Create quality residential/commercial mixed‐use development that maintains value through buildings with architectural qualities that create attractive street scenes and enhance the public realm. 5. Provide a variety of open space, including private, recreation areas and public open space and parks. 6. Revitalize commercial corridors with residential/commercial mixed‐use developments that attract and encourage market‐driven private investment. 7. Encourage parking solutions that are incentives for creative planning and sustainable neighborhood design. D. Freeway Corridor Mixed‐Use (FCMU) Overlay Zone. The purpose of the Freeway Corridor Mixed‐Use (FCMU) Overlay Zone is to provide new opportunities for housing, economic revitalization, and attractive placemaking at strategic locations along primary City corridors that are in general proximity to Interstate 10 Freeway. The intent of the overlay zone is to accomplish the following objectives: 1. Provide attractive gateway developments at key locations along Interstate 10 Freeway. 2. Create opportunities for new mixed‐use and standalone housing types and options at varying income levels. 3. Encourage mixed‐use commercial and residential developments that will serve as 7 catalysts for new economic activity with services and employment that support the local community. 4. Establish development and design standards that contribute to community character and quality building designs. 5. Enhance the public realm to provide an improved pedestrian environment and foster a greater sense of place. 6. Promote reinvestment and redevelopment in the identified areas of the community. SECTION 7. Code Amendment. RMC § 17.28.040 (Freeway Corridor Mixed-Use Overlay) is hereby added to Chapter 17.28 [Overlay Zones], as follows: 17.28.040 Freeway Corridor Mixed‐Use (FCMU) Overlay Zone. A. Applicability. 1. The FCMU is an overlay zone that applies to all use and development of properties within the boundaries of the FCMU Overlay. It may be applied to existing zoning districts, as designated in the General Plan. Land classified in the FCMU Overlay shall also be classified in another zone. When such a district is established, the FCMU Overlay shall be shown as an overlay to the underlying districts by the designation of FCMU Overlay on the City zoning map. B. Approval Procedure and Permit Requirements. 1. Proposed developments within the FCMU Overlay will be reviewed pursuant to established development review processes within the City’s Municipal Code. In addition, proposed developments will be required to adhere the City’s Municipal Code regulations and processes for other types of discretionary review such as those for variances, subdivisions, etc., as may be applicable. The following requirements outline the process for submitting an application under the FCMU Overlay. a. Projects shall follow the permitting requirements outlined in RMC Chapter 17.136 – Site Plan and Design Review. b. Unless a discretionary use is proposed as part of a project, as noted in Chapter 2, Section 4, projects shall be processed according to RMC 17.136.030.B – Administrative Staff Review. C. Permitted Uses. 1. The following land uses identified in the Table below apply to individual properties based on the location and application of the FCMU Overlay zones. For ease of reference, land uses are grouped based on the general use category. Property owners, developers, and applicants should refer to the Freeway Corridor Mixed‐Use Overlay document to verify their property’s relevant FCMU Overlay zone. 2. The Community Development Director, or designee, may determine that a proposed use that is not specifically listed in the table below is in keeping with the vision and 8 intent for the FCMU Overlay and therefore may be allowed if it meets all of the following criteria: a. The characteristics of and activities associated with the proposed use is similar to one or more of the permitted uses in the table below, and will not involve substantially greater intensity than the other uses permitted within the FCMU Overlay; b. The proposed use will be consistent with the purpose and intent of the FCMU Overlay; c. The proposed use will be compatible with the other uses listed for the FCMU Overlay. FCMU‐C FCMU‐B NOTES RESIDENTIAL USES Home Occupations, including Cottage Food Operations P P Live/Work P P Refer to RMC Section 17.30.210 – Live/Work Multi‐Family Dwellings (standalone) P P Multi‐Family Dwellings (as part of a Mixed‐Use Project) P P Residential Accessory Uses and Structures P P Single Room Occupancy CUP CUP Veteran Housing P P Small Lot Subdivision P P Supportive Housing P P Transitional Housing P P CARE USES Child care, small P P Child care, large AUP AUP Residential Care Facilities (6 or fewer) P ‐ Residential Care Facilities (7 or more) CUP ‐ PUBLIC AND CIVIC Colleges and Universities ‐ P Community Garden P P Cultural Institutions CUP CUP Educational Institution (Private) CUP CUP Park and Recreation Facilities P P Places of Religious Assembly CUP ‐ Public Utility Facilities AUP AUP 9 Telecommunication Facilities/ Wireless Telecommunication Facilities CUP CUP COMMERCIAL Animal Grooming Services P P Automobile Car Wash/ Detailing ‐ ‐ Automobile Sales/Rentals – New or Used ‐ ‐ Automobile Service Station ‐ ‐ Eating and Drinking Establishments: Drive‐Thru’s P P Drive‐thru access aisles should provide sufficient space before the menu board(s) to accommodate at least five (5) waiting vehicles and at least five (5) waiting vehicles between the menu board(s) and the drive‐up service window. Eating and Drinking Establishments: No Alcoholic Beverage Sales P P Eating and Drinking Establishments: With “On Sale” ABC License CUP CUP A sit‐down restaurant larger than 4,000 s.f. is permitted to serve alcohol without a CUP, provided that a valid license from the CA Dept. of Alcoholic Beverage Control is obtained. See RMC 17.04.050 for definition of sit‐down restaurant. Financial Services P P Food and Beverage Retail Sales P P Health/Fitness Club (small) P P Health/Fitness Club (large) AUP AUP Motel (49 or less guest rooms) ‐ ‐ Hotel (50+ guest rooms) CUP CUP Medical Office P P Office P P Personal Care, Barber and Beauty Shop P P Massage use is not permitted in any overlay zones. Personal Care, Nail Salon P P Personal Care, Beauty Health Spa/Health Centers AUP AUP Massage as an incidental use and occupying no more than 25% of the floor area. Repair Service (including bicycles, excluding automotive) P P Retail Sales (General) P P 10 Outdoor/Sidewalk Dining (accessory use to eating and drinking establishments) P P Refer to Section 3.1.4. Tutoring Services (small) P P Tutoring Services (large) AUP AUP Veterinary P P ACCESSORY Height Exception for Roof Projections AUP AUP Parapet not to exceed five (5) feet in height to screen rooftop equipment and structures from public view. If the rooftop is accessible to the public (e.g., open space, recreational amenities, etc.), a five (5) foot wide landscaped planter shall be constructed along the inside perimeter of the parapet for additional screening from the public view. Projections to allow rooftop access and use amenities with maximum height of ten (10) feet (e.g., elevator housing, stairways, trellis, etc.) may be allowed by the Community Development Director subject to the approval of an AUP application. Tour Bus Parking (Hotel Only) P P Two parking spaces designed for and identified as “tour bus parking only” are required to be provided by a hotel facility. “‐” – Not Permitted P – Permitted Use AUP – Administrative Use Permit CUP – Conditional Use Permit D. Development Standards. 1. The following development standards identified below apply to individual properties based on the location and application of the designated FCMU Overlay zones. Property owners, developers, and applicants should refer to the Freeway Corridor Mixed‐Use Overlay document to verify their property’s relevant FCMU Overlay zone. FCMU‐C FCMU‐B NOTES Minimum Lot Size (excluding existing legal 10,000 s.f. 30,000 s.f. For Small Lot Subdivision, see 11 nonconforming lots) development standards on page 25. Minimum Density 20 du/ac 30 du/ac Maximum Density 40 – 60 du/ac Maximum Floor Area Ratio 2.0 Land Use Mix Requirement for Mixed‐ Use 65% residential, 35% non‐residential 1. Up to 5% of the non‐ residential land use mix requirement may be satisfied by the provision of common residential laundry, mail, or other common usable space located at ground level and facing the street, as approved by the Community Development Director. 2. Deviations from the land use percentage mix up to 10% may be approved by the Director of Community Development. 3. Additional deviations from the land use percentage mix up to 20% may be allowed through the provision of the Community Benefits Program. Refer to 17.28.040.F. Maximum Height Mixed‐Use: 65 ft. Residential: 35 ft. 1. No story requirement. Story requirements of underlying base zone does not apply. 2. Up to five (5) ft. beyond the height limit is allowed for unique architectural elements as 12 determined by the Community Development Director. Parapets (up to five (5) ft. in height) may be permitted for buildings with roof access. To alleviate bulk and mass, parapets shall be set in equal to the height of the parapet or shall consist of a different material from the building wall, per approval by the Community Development Director. Ground Floor Minimum Height Minimum Glazing 14 ft. 50% Residential only projects are exempt from the fourteen (14) ft. minimum ground floor height requirement. Setbacks Front MU: 0 ft. Res: 10 ft. min. For small lot development under ten thousand (10,000) s.f., porches, stoops, or other building frontage types serving as an entry to a residential unit(s) may encroach five (5) ft. into the required front setback. Side MU: 0 ft. Res: 5 ft. min. Side Adjacent to R‐1 or R‐2 Zones 10 ft. min.; A wall plane over two stories shall be setback 15 ft. min. from the property line; A wall plane over three stories shall be setback 20 ft. min. from the property line. 1. Refer to Exhibit 1 on page 26. 2. Properties located along an alley, where the alley separates said property from an adjacent R‐1 or R‐2 zone, are not required 13 to comply with this requirement. Rear Mixed‐Use: 20 ft. min. Residential: 20 ft. min. Rear Adjacent to R‐1 or R‐2 Zones 20 ft. min.; A minimum of thirty percent of the wall plane over two stories shall be setback 25 ft. from the property line; A minimum of fifty percent of the wall plane over three stories shall be setback 30 ft. from the property line. 1. Refer to Exhibit 2 on page 26. 2. Properties located along an alley, where the alley separates said property from an adjacent R‐1 or R‐ 2 zone, are not required to comply with this requirement. Open Space Minimum Common 150 s.f./du 150 s.f./du Minimum Private 50 s.f./du 60 s.f./du Minimum Landscaping 6% Small Lot Subdivision Dwelling Unit Per Lot: One (1) Minimum Lot Area: 1,250 s.f. Minimum Lot Width: 20 ft. Minimum Lot Depth: 50 ft. Minimum Lot Coverage: 70% of the small lot 14 Exhibit 1: Side Setbacks Adjacent to R‐1 and R‐2 Zones Exhibit 2: Rear Setbacks Adjacent to R‐1 and R‐2 Zones Parking Standards Residential (incl. Guest) – For residential portion, project shall provide no less than 1.0 spaces/du. Studio & One Bedroom 1 space/du 1. All stalls shall be double striped and standard sized. 2. The required parking stalls may include up to 25% of the total stalls as compact parking. 3. Required residential guest parking may be shared with the non‐ residential portion of a mixed‐ use project. 4. For small lot development under ten thousand (10,000) s.f., guest parking may be reduced to 0.25 spaces/du with approval by the Community Development Director. 2‐Bedroom + 2 spaces/du Guest 0.5 spaces/du Live/Work Refer to RMC Section 17.30.110 Non‐Residential Restaurant <2,500 s.f. 1 space/400 s.f. 1. All stalls shall be double striped and standard sized. 2. Other than restaurants or hotels, the required parking stalls may include up to 25% of the total stalls as compact parking. 3. For small lot development under ten Restaurant >2,500 s.f. 1 space/200 s.f. Non‐Residential (no restaurant/hotel) 1 space/400 s.f. Hotel 1 space/ Sleeping Unit; plus 1 space/50 s.f. of meeting room, exhibition space, dance hall 1 space/300 s.f. of restaurant 1 space/400 s.f. of all other uses 15 thousand (10,000) s.f., on‐street parking spaces may be counted towards the non‐ residential parking requirements. Only full‐length on‐street parking spaces along the parcel frontage will be applied. Shopping Center A shopping center that has four (4) or less tenants is parked by use. If a shopping center has more than four (4) tenants, then it is parked at the following ratios: Up to 100,000 s.f. of floor area: 1 space/250 s.f. Over 100,000 s.f. of floor area: 1 space/280 s.f. Driveways One‐Way Two‐Way Min. 14‐ft., Max. 20‐ft. Min. 24‐ft., Max. 30‐ft. For existing parcels under ten thousand (10,000) s.f., driveway widths shall be governed by RMC 17.112.090. E. Design Standards. The following site and building design standards identified below apply to all properties within the FCMU Overlay. 1. Site Design a. Access and Parking 1) Vehicular access for corner lots shall be from a side street or from an alley, if feasible. 2) Access to parking on interior lots shall only have one (1) vehicular access point unless the property has more than three hundred (300) feet or more of street frontage. 3) Up to 30% of required parking may be located along a public street frontage. All other required parking shall not be located between any building and public street frontage. 4) Residential parking shall be separate from non‐residential parking and accessed through a secure gated entrance. However, parking areas for required residential guest parking may be combined with required non‐residential parking. 5) On‐site parking that is visible from streets and sidewalks or located along rear, side, or interior lot lines shall be buffered from the street, sidewalk, or lot line by a minimum five (5) feet in‐depth landscape buffer. Further, parking that is visible from the public right‐of‐way shall be buffered from the street, sidewalk or lot line by a minimum five (5) feet in‐depth landscape buffer that includes a decorative wall no higher than three (3) feet to screen the vehicles. 16 6) Tandem parking within allowed parking areas may be allowed with an AUP for multi‐family projects and the residential component of mixed‐use projects. Tandem parking is permitted for nonresidential uses. When a nonresidential use’s tandem parking is permitted, an affidavit shall be signed for the valet parking use. 7) On the same premises with every building, structure or part thereof erected or occupied for manufacturing, storage, warehouse, goods display, department store, wholesale or retail market, hotel, restaurant, hospital, laundry, dry cleaning plant, or other uses similarly involving the receipt or distribution of vehicles carrying materials or merchandise, there shall be provided and maintained on the lot a minimum of one off‐street or off‐alley loading space for each six thousand (6,000) square feet of floor area of building for standing, loading and unloading services in order to avoid undue interference with the public use of the streets or alleys. Required loading space may be included within the required parking space adjacent to a building. 8) Parking stalls shall be striped with three (3) inch double lines, six (6) inches apart. The stall width shall be measured from the center point of each double striped marking. 9) Customer parking shall be a minimum dimension of nine (9) feet wide by eighteen (18) feet deep. Parking stalls may overhang landscape planters by two (2) feet. 10) Compact car parking standards. The use of compact car parking shall be allowed only for manufacturing, industrial, commercial and office uses. The number of compact car parking stalls may consist of 25% of the total number of required parking stalls. Each compact car parking space shall be eight (8) feet wide and sixteen (16) feet long. All stalls must be identified by painting "Compact" in each stall using letters no less than ten (10) inches in height. Support columns and/or lighting standards shall not intrude into the minimum dimensions. Compact car parking shall be, as much as is practical, grouped in a common location subject to the approval of the Community Development Director. 11) Support columns and/or lighting standards shall not intrude into the minimum parking stall dimensions. Where a parking stall is located abutting a wall, column, or similar structure, the stall width shall be increased by two (2) feet. 12) Design standards for handicapped parking stalls shall be provided in accordance with accepted State standards and shall be considered as part of the parking space requirements for the given facility. b. Open Space. Each type of open space has a different purpose and user; the requirements for one (1) type of open space cannot be satisfied by another. 1) Public Open Space a) All open space shall be public unless parcel location does not allow public access. 17 b) Open space amenities for public use such as trees, seating, and recreational amenities should be provided in open space. High quality porous pavers, porous concrete or other porous paving materials shall be used for all plazas and hardscape. Shade trees should be provided in all open space. Parks and greenways should be designed with high‐quality benches, lighting, paving, and landscaping. c) Community Benefit Incentives are available for providing more usable public open space than is required, see RMC Section 17.28.040.E. d) Usable public open space does not include libraries, gymnasiums, nor recreation rooms. e) All required usable public open space shall be developed and professionally maintained in accordance with approved landscape and irrigation. All landscaping should use high‐quality materials. 2) Usable Common Open Space a) All usable common open space shall be conveniently located and readily accessible from all residential units in a residential or mixed‐use development. b) Each usable common open space shall have no side with a dimension of less than ten (10) feet and may incorporate any areas of the site except where it is within five (5) feet of public rights‐of‐way, private streets and alleys, and shall not include or incorporate any driveways or parking areas, trash pickup or storage areas, pool equipment, or utility areas. c) Usable common open space may be provided on a rooftop where mechanical equipment is located, if the open space is adequately mitigated for noise, odor, vibration, or other impact and is approved by the Community Development Director and Building Official. d) There shall be a minimum distance of fifteen (15) feet measured horizontally between any swimming pool and the nearest point of any balcony, porch, second story patio, sun deck, or other architectural feature of a building or structure with windows, doors, or other openings of sufficient size to permit the passage of persons. e) Courtyards internal to a project, or enclosed on at least two (2) sides, shall have a minimum width of forty (40) feet, for lots more than sixty (60) feet in width and twenty (20) feet in width for lots less than sixty (60) feet in width and shall be landscaped with a ratio of hardscape to planting not exceeding a ratio of one (1) square foot of landscape to one (1) square foot of hardscape. Pools and spas shall be excluded from this ratio. f) All required usable common open space shall be developed and professionally maintained in accordance with approved landscape and irrigation. All landscaping should use high‐quality materials. 18 g) Usable common open space may include libraries, gymnasiums, or recreation rooms. 3) Usable Private Open Space a) No portion of any private patio or balcony shall be used for the permanent storage of rubbish, junk, clotheslines, or garbage receptacles. "Permanent storage," as used in this subsection, means the presence for a period of forty- eight (48) or more consecutive hours on a patio or balcony. b) Usable private open space must be open air, not fully enclosed with walls. Usable private open space may be enclosed with a three (3) foot high wrought iron rail, partial wall, or other complementary material as permitted by the Community Development Director. Usable private open spaces cannot be covered by a roof by more than 50% of the area; however, balconies can have up to 100% ceiling coverage. c. Landscaping 1) All landscape and irrigation plans shall comply with the requirements found in RMC Chapter 13.08 – Water Efficient Landscapes. 2) Landscape plans shall consist of a combination of trees, shrubs, and groundcover. a) Tree material shall be a minimum of fifteen (15) gallons in size and comprise a minimum of 15% of the area devoted to landscaping. b) All shrubs shall be a minimum of five (5) gallons in size. c) Accent plantings shall be utilized at primary site and building entries for enhanced project aesthetic. d. Walls and Fences 1) A six (6) foot high masonry wall shall be constructed along the property line of any lot where a mixed‐use development is adjacent to property zoned and/or used for residential purposes. Said wall shall be limited in height to forty‐two (42) inches where it abuts the required front yard setback on an adjacent property zoned or used for residential purposes. 2) All walls on a property shall complement the architectural style and design of the primary building of a development. 3) Chain‐link, wood, barbed wire, razor‐wire, and spiked fence‐types are prohibited. e. Lighting 1) A photometric survey (lighting plan) may be required at the discretion of the Community Development Director for new lighting proposed in a development. 2) All developments shall have exterior lighting that provides adequate visibility at entrances, public sidewalks, open areas, and parking lots with a safe level of illumination at night. 19 3) Exterior lighting shall be of low intensity and shielded so that light will not spill out onto surrounding properties or project above the horizontal plane. In residential/commercial mixed‐use and commercial/industrial mixed‐use development, the lighting for commercial uses shall be appropriately shielded so that it does not negatively impact the on‐site residential units. 4) Flashing, revolving, or intermittent exterior lighting visible from any property line or street shall be prohibited, except if approved in conjunction with a public art project or as an accessory feature on a temporary basis in conjunction with a special event permit. 5) Lighting shall be integrated with landscaping wherever possible. f. Trash and Loading 1) Trash and recycling areas shall comply with the relevant provisions of RMC Section 17.32.050. 2) Where loading areas are proposed on‐site, they shall be clearly marked and identifiable. g. Mechanical Equipment, Loading Zones, and Service Area Screening 1) Wall‐mounted equipment shall be flush with the exterior building walls and painted to match the color of the exterior of the building and screened from the view of any public right‐of‐way. Window‐ mounted air conditioners or exterior‐ mounted fans shall be prohibited. 2) Ground‐mounted and pad‐mounted mechanical or utility equipment and other such similar equipment shall be screened from view from all public rights‐of‐ way and adjacent properties by architectural building features, fencing or landscaping. 3) Rooftops should be designed in a way that acknowledges their visibility from other buildings and the street. Equipment shall be screened on all four sides from both the street and neighboring buildings using parapets or similar architectural features and from the top where visible from an adjacent building of greater height. 4) Service and loading zones where visible from public streets and views from neighboring buildings and properties shall be screened by the use of decorative walls and/or dense landscaping that will serve as both a visual and a noise barrier. h. Noise 1) To minimize noise disturbance, mechanical equipment shall be insulated and shall be setback a minimum of four (4) feet from any adjacent property zoned or used for residential purposes. 2) Residential portions of a mixed‐use project shall be designed to limit the interior noise of the non‐residential portions of the project. Design interventions to limit interior noise may include but are not limited to building orientation, double paned windows, enhanced wall and ceiling insulation, and/or orientation and 20 insulation of vents, among others. i. Signs 1) A uniform sign program shall be approved by the Planning Division for each development. 2) Permitted sign types shall be limited to wall, window, awning, and monument signs and shall not be located above the first floor. 3) Building‐mounted signs, including wall, window, and awning, shall not exceed a cumulative total of one (1) square foot of area per one (1) lineal foot of building frontage of each business. 4) A monument sign shall be used only to identify multiple businesses in the commercial portion of a mixed‐use development based on the following criteria: a) One‐third (1/3) square foot of monument sign area per one lineal foot of lot frontage with a maximum of fifty (50) square feet. b) The entire sign structure shall be considered as sign area. c) The sign copy area shall not exceed 60% of the background wall area. d) All monument signs shall contain only the name of the development and/or the names of the businesses. e) Monument signs shall not encroach into any required landscaped setback area when abutting open areas or encroach more than one‐half the required landscaped setback area when located in front of a building. f) Sign copy shall be backlighted or indirectly lighted. g) The background wall of the monument sign shall not exceed six feet in height. h) A maximum of one (1) sign per development. i) The monument sign shall be setback a minimum of three feet from the property line at a location where the building is setback a minimum of ten (10) feet. 5) For a list of prohibited sign types within the FCMU Overlay, refer to RMC 17.116.050. 2. Building Design a. Good Neighbor 1) Buildings shall be designed to maximize privacy of adjacent R‐1 and R‐2 zoned properties through appropriate placement of windows, doors, decks, roof decks, and balconies. 2) Windows shall be located so that sight lines maximize privacy on adjacent R‐1 and R‐2 zoned properties. Translucent/obscured glass or windows with higher sills may be utilized to allow for interior illumination while maintaining privacy. 21 3) Upper‐story decks, roof decks, and balconies shall be oriented towards the street to minimize privacy concerns on R‐1 and R‐2 zoned properties. 4) Tall, fast‐growing, and evergreen vegetation shall be utilized along the property lines of R‐1 and R‐2 zones. b. Land Use Mix 1) Where a project proposes a variety of uses within a single project, non‐residential uses shall be provided at ground level facing the street. 2) Residential units in a mixed‐use project are not permitted at ground level facing a street. 3) Live/work uses, whether standalone or as part of a mixed‐use project, are allowed at ground level facing the street or facing an on‐site street, provided they maintain a commercial aesthetic. c. Massing 1) Variations in projecting and recessed wall and roof planes shall be provided to break up the massing of a building. Surface detailing does not substitute for adequate massing. 2) Wall planes shall not continue for more than fifty (50) feet without a minimum offset of two (2) feet. 3) The mass and bulk of new buildings shall relate to and/or transition from existing buildings. 4) Infill buildings that may be wider than existing facades shall be broken down to provide the appearance of a series of structural bays. d. Articulation 1) Building design shall incorporate 360‐degree architecture, which includes similar massing, roof forms, wall planes, and detailing on all building elevations. 2) Architectural elements that add visual interest, scale, and character shall be provided. Architectural elements include but are not limited to balconies, awnings, shutters, window/door detailing, and trellises, among other potential design interventions. 3) Use of a minimum of two (2) high‐quality materials like smooth finish stucco, brick, wood, metal, and stone are encouraged. 4) Anti‐graffiti paint or coatings shall be used on street-facing facades of primary buildings and accessory structures for the first two stories. e. Roofs 1) Buildings with flat or low‐pitched roofs shall incorporate parapets or other architectural elements to break up long horizontal rooflines. 2) Hipped or gabled roofs covering an entire building are preferred to mansard roofs 22 and segments of pitched roofs applied at the building edge. 3) Parapets shall be well-detailed, three‐dimensional, and of substantial size to complement the building design. Parapets shall include a minimum of one of the following elements: pre‐cast elements, continuous banding or projecting cornice, dentils, caps, corner details, or variety in pitch (sculpted). 4) Penthouses, parapets, stair and elevator enclosures, and air conditioning units and other mechanical equipment shall be fully integrated into the overall architectural design of the building and/or through the use of equivalent materials and colors that match the overall design. All rooftop mechanical components shall be fully screened from the view of public right‐of‐ways and residentially zoned properties. f. Windows and Doors 1) Windows and doors shall be selected to complement the selected architectural style. 2) Windows shall be articulated with accent trim, sills, shutters, and/or other elements appropriate to the architectural style of the building. 3) Where appropriate to the architectural style, windows shall be setback into walls to create distinct patterns of shade and shadow. 4) The street‐level building frontage shall continue for no more than twenty (20) feet without windows, entrances, or other architectural detailing. 5) A minimum of 50% of the ground floor façade facing any street to a height of eight (8) feet shall be visually transparent into the building. 6) Anti‐graffiti glass or film shall be used on street-facing windows and doors of primary buildings and accessory structures for the first two (2) stories. g. Entrances 1) Primary entries shall be clearly identifiable through the use of enhanced design elements, which shall include a minimum of two of the following: materials/colors, window/door type, awning, and signage, among other possible design interventions. 2) Where multiple uses are proposed within a building, separate and secure ground floor access entries shall be provided for each use, with entry design differentiated between the residential and non-residential uses. 3) Ground floor design shall be high‐quality and pedestrian‐oriented. Storefront configurations and details providing a sense of human scale, variety, and interest within the overall context of buildings, bays and groupings of bays are encouraged. Details may include but are not limited to recessed entries at storefronts, recessed storefronts, display windows, projecting bays, integral awning, utilization of true dividing mullions, transoms over entries, and/or integral signs and sign boards. 23 4) Storefronts and usable non-residential space shall be located along the required ground floor street frontages of buildings and shall have a minimum usable depth of forty (40) feet along 60% of the length of the building frontage and shall in no case be less than twenty (20) feet in depth. For small lots under ten thousand (10,000) square feet, storefronts and usable non-residential space shall be located along the required ground floor street frontages of buildings and shall have a minimum usable depth of thirty (30) feet along 60% of the length of the building frontage and shall in no case be less than fifteen (15) feet in depth. At a corner lot where storefronts and non-residential uses are proposed, storefronts and non- residential spaces shall turn and wrap around the corner for a minimum length of twenty (20) feet. 5) Upward rolling, side folding, or moveable security grills and elements shall not be installed on the exterior side of ground floor and street‐facing storefronts, windows, openings, entries, and facades. On the interior side of ground floor and street‐facing storefronts, windows, openings, entries and facades, upward rolling, side folding, or moveable security grills and elements are allowed and should be designed to be integral to the architecture of the building and opening. Such devices should utilize dedicated interior side pockets and ceiling cavities such that the grill and all mechanisms associated with the security element are not visible from the adjacent public right of‐way and sidewalk; the grill work, regardless of installation method, shall be at least 80% open to perpendicular view. Fixed decorative grillwork and railings are allowed at the ground floor and shall be at least 80% open to perpendicular view. h. On‐Site Facilities 1) A private and secure storage space shall be provided for each dwelling unit within a development. Location of required storage space is preferred within the unit, however, it may be located outside of the unit. If required storage space is located outside the unit, it must be accessible from a common hallway, private balcony/patio, or in a garage. Storage shall be fully enclosed and not visible. i. Encroachments 1) No part of a structure, permanent attachment, and/or other similar architectural feature may extend into a required yard or minimum distance between buildings for more than two (2) feet. 2) No part of a structure, permanent attachment, and/or other similar architectural feature may extend into the public right‐of‐way without approval of an Encroachment Permit by the Public Works Department. F. Community Benefits Program The FCMU Overlay provides optional opportunities for increased development intensity concurrently with the delivery of public improvements or other community benefits to satisfy the increased demand for community benefits that come with mixed‐use developments. The FCMU Overlay Community Benefits Program is applicable to all properties within the FCMU Overlay. 24 Each zone in the FCMU has development standards detailing the permitted floor area ratio and dwelling units per acre allowed by right. A developer or property owner can increase the floor area ratio and dwelling units per acre allowed by right in each zone, subject to the delivery of additional amenities by the developer or property owner. However, if a density bonus is granted in accordance with Senate Bill 1818, a density or intensity bonus associated with the provision of Community Benefits will not be granted. The FCMU Overlay Community Benefit Program is based on a point system. Each community benefit type is assigned a number of points, as described in in the table below. A project may earn points from a single, or multiple categories, depending on the applicant’s preference. The number of points received is then translated into increased height, floor area ratio, and dwelling units per acre. The increases vary by zone and land use type, as shown in the table below. City staff will be responsible for determining points awarded to an applicant when community benefits are provided and an increase in development intensity is requested. When community benefits are proposed to be included as part of a project proposal and an increase in development intensity is requested, City staff shall prepare administrative findings that validate and quantify the amount of community benefits proposed and subsequently the increase in development intensity allowed. Findings shall also address that the community benefits proposed are consistent with community goals, as envisioned in this FCMU Overlay and in the General Plan. Type of Benefit Provided Maximum Points Basis for Calculating Points Lot Consolidat ion 25 Consolidation of small or undersized properties. For every one or more parcels that are consolidated into a single parcel and recorded with the City, 25 points will be awarded. Public Open Spaces 40 For 10% or more of the site area, the public open space(s) provided is landscaped, provides shade trees, seating areas, bicycle racks, trash receptacles, and/or other amenities. Public open spaces to be located at street level and accessible to the public may be in the form of plaza, park, courtyard, or paseo. Public Art 30 Inclusion of art/cultural spaces or uses within development projects. Must equal 5% of the construction value of the project. Family Friendly Developm ent 20 Provide more than 10% of total housing units as three bedrooms or larger. Non‐ Residential Componen t of Mixed‐ Use 20 Average commercial tenant size spaces of 2,000 square feet or more to provide national or regional tenant opportunities. The project will receive a 5% increase in residential to make the split 70% residential to 30% commercial. 25 Public Parking 30 Publicly accessible parking spaces provided in excess of minimum on‐site required parking. For every 1 standard parking space marked for public use and made permanently available, 2 points will be awarded. Sustainable Design 20 Building achieves CALGreen Tier 1, or equivalent certification. Veteran Housing 25 Provision of deed‐restricted housing units within a development, whether for sale or for rent, that are made available to Veterans at the moderate‐ income level or below, as defined by the U.S. Dept. of Housing and Urban Development. For every Veteran’s unit provided, 25 points will be awarded. Maximum FAR or Density Permitted with the Provision of Community Benefits Points Earned All FCMU Zones Commercial Land Use Mixed‐Use/Residential Land Use FAR FAR Density 0 0.35 2.00 60 1‐20 0.60 3.00 67 21‐40 0.60 3.00 74 41‐60 0.60 3.00 81 61‐80 0.60 3.00 88 81‐100 0.60 3.00 95 Note: Community Benefits Program Points totaling 21 points and above may be applied for additional flexibility in the land use percentage mix up to 20%. G. Density Bonus As provided by SB 1818 – State Density Bonus Law and outlined locally for implementation in RMC Chapter 17.84 – Density Bonus, applicants may choose to apply for a density bonus as part of a project proposal within FCMU Overlay designated zones, so long as the residential or mixed-use development includes five (5) or more dwelling units. As noted in the RMC 17.84, projects requesting density bonuses, concessions, and/or incentives are required to be approved by the City Council and subject to the provisions of RMC Section 17.84.140 and other applicable requirements of the RMC. Applicants interested in pursuing a density bonus as part of their project should refer to the relevant requirements outlined in RMC Chapter 17.84. If a density bonus under SB 1818 is granted, a density or intensity bonus associated with the provision of Community Benefits will not be granted. H. Urban Design. 1. Public Realm. The public realm refers to the area from the back of the curb to the face of a building. The following design standards have been provided to guide the design of 26 the public realm in support of providing an enhanced and enjoyable public realm for residents, visitors and the community at‐large. a. Sidewalks. An interconnected sidewalk network provides safe and convenient access for use by pedestrians, while also providing opportunities for the provision of pedestrian amenities. The following sidewalk requirements are applicable to all projects within the FCMU Overlay. 1) The building setback shall be twelve (12) feet, as measured from the curb face, and shall be in the form of both existing right‐of‐way and/or a recorded pedestrian access and utility easement. 2) The building setback area shall include a minimum seven (7) foot wide detached sidewalk (clear zone) and a minimum five (5) foot wide parkway (amenity zone) adjacent to all public streets. The amenity zone shall be located between the curb face and the clear zone. The clear zone shall be located between the building and the amenity zone. 3) The clear zone shall be unobstructed by any permanent element for a minimum width of seven (7) feet and a minimum height of eight (8) feet. However, outdoor/sidewalk dining, a nonpermanent element, may be allowed as outlined in RMC Section 17.28.040.F.4. 4) The amenity zone may include street trees, landscaping, public signs, public art, street lighting, street furniture, and/or other pedestrian‐oriented amenities. b. Street Trees. Street trees provide a consistent character along roadways, providing both functional and aesthetic attributes to the built environment. The following street tree requirements are applicable to all projects within the FCMU Overlay. 1) Street trees shall be selected based upon the prevailing street trees existing along the primary public roadway adjacent to a project site. Applicant should consult the City’s Urban Forester to assist in determining the most appropriate street trees for a given project location. 2) The parkway (amenity zone) shall be planted with street trees at an average spacing not greater than thirty (30) feet on center. 3) Where mature trees are proposed to be removed as part of a project proposal, removal shall be subject to review and approval by the City’s Urban Forester. Mature trees that are approved for removal shall be replaced as part of a project with a new tree that has at least a twenty‐four (24) inch box and is consistent with the species to be removed and/or as may be approved by the City’s Urban Forester. c. Streetscape Furnishings. Streetscape furnishings enliven the public realm and facilitate the creation of a “community living room”. Streetscape furnishings include but are not limited to benches, trash cans, bicycle racks, public art, planters, and tree grates, among others. 1) All streetscape furnishings proposed shall be reviewed and approved by the Public 27 Works Department for durability of materials and ease of maintenance. 2) Design and selection of streetscape furnishings shall consider the safety, security, convenience, and comfort of the user. 3) Materials and colors of streetscape furnishing shall be selected to create a consistent and coherent aesthetic. Where streetscape furnishings have been recently installed adjacent to a proposed development, said development shall match the streetscape furnishings palette for consistency. 4) Benches and trash receptacles shall be placed at an interval of two hundred (200) feet along primary street frontages. 5) All streetscape furnishings shall be securely anchored to the ground and a graffiti‐resistant coating applied to ensure longevity of installations. 6) Where appropriate, streetscape furnishings shall be ground together to facilitate more efficient use of parkway space. d. Outdoor/Sidewalk Dining. Outdoor/sidewalk dining promotes pedestrian activity and vibrancy of mixed‐use areas and is encouraged within the FCMU Overlay area. 1) Location a) Outdoor/sidewalk dining, where permitted, may be located on the public right‐of‐way adjacent to the restaurant serving the outdoor/sidewalk dining. Approval for outdoor/sidewalk dining may be granted after review of the application by appropriate City departments and issuance of an encroachment permit or license agreement. b) All outdoor/sidewalk dining shall leave clear space for pedestrian movement between the outer edge of the dining and the curb line. Outdoor/sidewalk dining located at street intersections shall provide a fifteen (15) foot clear space radial to the corner. If pedestrian traffic is especially heavy, the Public Works Director may require additional clear space to ensure adequate room for pedestrian movements. c) No outdoor/sidewalk dining shall be located within fifteen (15) feet of a bus stop or bus shelter. 2) Physical Design Requirements a) All furnishings of outdoor/sidewalk dining including but not limited to tables, chairs and decorative accessories, shall be readily movable. b) No part of outdoor/sidewalk dining may be permanently attached to public space. The person to whom the business license for the dining is issued shall repair any damage done by the dining to public property. c) When an outdoor/sidewalk dining or the adjacent restaurant is occupied, no exit door shall be locked, bolted, or otherwise fastened or obstructed so that the door cannot be opened from the inside. 28 d) Chairs and tables shall be arranged so as to provide for clear access to an exit. No part of an aisle shall be used in any way that will obstruct its use as an exit or that will constitute a hazardous condition. e) Outdoor/sidewalk dining shall not be arranged so as to restrict the use of emergency exits, fire escapes on adjacent buildings and access to fire hydrants. f) Freestanding or table mounted shade umbrellas shall be kept in good repair and may be used only where space permits. g) Freestanding heating or misting equipment may be used only where space permits. h) Freestanding lamps are not permitted. Flashing or moving lights are not permitted. Table candles may be used. Electric wiring shall not be placed in pedestrian areas. i) Awnings shall be kept in good repair. j) Seating and accessories and other components of the outdoor/sidewalk dining shall be maintained in a neat and safe manner. k) The height of a railing, fence, or planter (including plantings) used to establish boundaries of seating areas shall be at least twenty‐four (24) inches in height but not higher than thirty‐six (36) inches. Planters and/or plantings shall be maintained in a neat and orderly manner and shall not encroach past the approved outdoor/sidewalk dining area. l) Plank‐style picnic tables with bench seating are not permitted. 3) Dining Operation Requirements a) Outdoor/sidewalk dining shall be operated and maintained in accordance with the applicant's building plans approved by the Community Development Director and the Public Works Director. b) The owner(s) shall be responsible for the removal of all wrappings, litter, and food and shall provide thorough and sanitary cleaning for outdoor/sidewalk dining area and the immediate surroundings of such area each day after the eating and drinking establishment closes. c) Outdoor/sidewalk dining shall not operate earlier than 8:00 a.m. or later than 12:00 a.m. (midnight). d) If alcoholic beverages are permitted in the outdoor/sidewalk dining area by a Conditional Use Permit (CUP), a landscape separation shall be required to prevent the passing and/or carrying of alcoholic beverages out of the sidewalk area and signs noting such requirement shall be posted in conspicuous locations. 29 2. Private Realm. The private realm refers to privately owned property. The following private realm design standards have been provided to guide the design of projects in furthering the character of and in support of the public realm. a. Corner Lot. The following applies to properties located at key intersection locations within the FCMU Overlay. 1) Building architecture at intersection corners, where both streets have four (4) lanes or more, shall receive special treatment to enhance the pedestrian experience and create visual interest within the built environment. Special treatments may include but are not limited to building cut‐offs, corner entrances, tower elements, decorative landscaping, enhanced hardscape, and/or other design interventions. 2) Buildings on corner lots shall address both streets with an equal level of architectural detail. SECTION 8. Code Amendment. RMC § 17.112.090.B.1.a and 17.112.090.B.1.b (Residential Drive Aisle Dimensions) are amended, as follows: A. Driveway and Drive Aisle Dimensions and Standards. The following drive aisle dimensions and standards shall apply to all projects, unless a different standard is otherwise required for a specific use and/or stated within the underlying Zoning district. 1. Residential Drive Aisle Dimensions. a. Driveways used to serve more than two four (4) or less dwelling units shall be a minimum of twelve (12) feet wide. b. Except as otherwise provided with respect to the R-3 zone, driveways used to serve five (5) or more than two dwelling units shall have a width of not less than be a minimum of eighteen (18) feet wide, unless there are two driveways of not less than twelve (12) feet in width. c. All driveways shall be clear and unobstructed for a height of thirteen (13) feet above ground. d. All access shall be from a dedicated street or alley. e. Driveways must lead to an approved off-street parking garage. Where driveways no longer lead to an off-street parking structure or garage, the driveway approach, curb and gutter shall be replaced to the satisfaction of the City Engineer and the paved parking surface shall be replaced with landscaping. However, for properties that have an approved alley access to a garage, additional access from the front yard may be permitted. SECTION 9. Construction. This Ordinance must be broadly constructed in order to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. 30 SECTION 10. Enforceability. Repeal of any provision of the RMC does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 11. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 12. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. SECTION 13. Publication. The City Clerk shall certify to the adoption of this Ordinance and shall publish a summary of this Ordinance and post a certified copy of the full Ordinance in the office of the City Clerk at least five days prior to the adoption and within fifteen (15) days after adoption of the Ordinance. The City Clerk shall publish a summary of the Ordinance with the names of the Council Members voting for and against the Ordinance. This Ordinance shall take effect thirty (30) days after the date of its adoption. PASSED, APPROVED, AND ADOPTED this ____th day of ______, 2021. ________________________________ Polly Low, Mayor ATTEST: APPROVED AS TO FORM: _______________________________ ________________________________ Ericka Hernandez, City Clerk Rachel H. Richman, City Attorney 31 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF ROSEMEAD ) I, Ericka Hernandez, City Clerk of the City of Rosemead, County of Los Angeles, State of California, hereby attest to the above signature and certify that Ordinance No. 1001 was first introduced at the regular meeting of July 27, 2021, by first reading. Said Ordinance was approved and adopted by the City Council of the City of Rosemead at a regular meeting held on the _____th day of ________2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Ericka Hernandez, City Clerk Exhibits: A. Zone Change 19-03 - Rosemead Official Zoning Map Amendment 32 EXHIBIT “A” Zoning Map Amendment Zone Change 19-03