Ordinance No. 1001 - 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 (FCMU) Overlay
ORDINANCE NO. 1001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING ZONE CHANGE 19-03AMENDING THE OFFICIAL
ZONING MAPAND APPROVING MUNICIPAL CODE AMENDMENT
19-02AMENDING 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 FCMUOverlay 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 theI-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
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 formsthat 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. TheFCMU Overlay contains an Introduction (Chapter 1) that addresses the
purpose, background and project goals, planning process, community engagement, opportunity
1
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 FCMU Freeway Corridor Mixed-Use (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 the appropriate CEQA document to address project modifications in accordance
2
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, notices were posted in six public locations and was published in the
Rosemead Reader on August 26, 2021, 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 7, 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
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
3
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
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
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
placeped 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
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
4
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
-
SECTION 4. Amendment of Zoning Map. The City Council HEREBY AMENDS the
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.
17.28.010 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. o promote
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
5
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. Reside
purpose of the Residential/Comm
combine residential with nonresidential uses, including office, retail, business
services, personal services, public spaces and uses, and other community amenities
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 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. Revital
investment.
7. Encourage parking solutions that are incentives for creative planning and
sustainable neighborhood design.
D. Freeway Co
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 mixe and standalone housing types and options at
varying income levels.
3.
catalysts for new economic activity with services and employment that support the
local community.
6
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:
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
addition, proposed developments will be required to adhere the 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
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
7
vision and 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.
NOTES
RESIDENTIAL USES
Home Occupations, including
P P
Cottage Food Operations
Refer to RMC Section 17.30.210
Live/Work P P
Live/Work
P P
(standalone)
P P
Residential Accessory Uses
P P
and Structures
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
P
fewer)
Residential Care Facilities (7 or
CUP
more)
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
Telecommunication Facilities/
CUP CUP
Wireless Telecommunication
8
Facilities
COMMERCIAL
Animal Grooming Services
P P
Automobile Car Wash/ Detailing
Automobile Sales/Rentals
New or Used
Automobile Service Station
Driv
provide sufficient space before the
menu board(s) to accommodate at
least five (5) waiting vehicles and
Eating and Drinking
P P
at least five (5) waiting vehicles
between the menu board(s) and the
service window.
Eating and Drinking
P P
Establishments:
No Alcoholic Beverage Sales
1,000 s.f. is permitted to serve
Eating and Drinking
beer/wine with an AUP, provided
that a valid license from the CA
Dept. of Alcoholic Beverage
Control is obtained. See RMC
17.30.040 for additional
CUP CUP
information related to alcohol
beverages sales and RMC
17.04.050 for definition of
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
Massage use is not permitted in
Beauty
any overlay zones.
P P
Shop
Personal Care, Nail Salon
P P
Personal Care, Beauty Health
Massage as an incidental use and
Spa/Health Centers
occupying no more than 25% of
AUP AUP
the floor area.
Repair Service (including
bicycles,
P P
excluding automotive)
9
Retail Sales (General)
P P
Outdoor/Sidewalk Dining
Refer to Section 3.1.4.
(accessory use to eating and
P P
drinking establishments)
Tutoring Services (small)
P P
Tutoring Services (large)
AUP AUP
Veterinary
P P
ACCESSORY
Parapet not to exceed five (5) feet
in height to screen rooftop
Height Exception for
equipment and structures from
Roof Projections
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.
AUP AUP
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.
Two parking spaces designed for
Tour Bus
and identified
Parking
provided
P P
by a hotel facility.
(Hotel Only)
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
Overlay document to verify their
zone.
10
NOTES
Minimum Lot Size
For Small Lot
(excluding
10,000 s.f. 30,000 s.f.
Subdivision, see
existing legal
development standards on
nonconforming
page 25.
lots)
Minimum Density 20 du/ac 30 du/ac
Maximum Density 40 60 du/ac
Maximum Floor
3.0
Area Ratio
1. Up to 5% of the
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
Land Use Mix
be approved by the
65% residential,
Requirement for
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.
1. No story requirement.
Story requirements of
underlying base zone
ft.
does not apply.
Maximum Height
Residential: 35 ft.
2. Up to five (5) ft.
beyond the height
limit is allowed for
11
unique architectural
elements as
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.
Residential only projects
Ground Floor
are exempt from the
fourteen (14) ft. minimum
14 ft.
Minimum Height
ground floor height
50%
Minimum Glazing
requirement.
Setbacks
For small lot
development under ten
thousand (10,000) s.f.,
porches, stoops, or other
MU: 0 ft.
building frontage types
Front
serving as an entry to a
Res: 10 ft. min.
residential unit(s) may
encroach five (5) ft. into
the required front
setback.
MU: 0 ft.
Side
Res: 5 ft. min.
1. Refer to Exhibit 1 on
10 ft. min.; A wall plane over two
page 26.
stories shall be setback 15 ft. min. from
the property line; A wall plane over
Side Adjacent to
2. Properties located
three stories shall be setback 20 ft. min.
along an alley, where
from the property line.
the alley separates
12
said property from
required to comply
with this
requirement.
min.
Rear Residential: 20 ft. min.
1. Refer to Exhibit 2 on
page 26.
2. Properties located
20 ft. min.; A minimum of thirty
along an alley,
percent of the wall plane over two
where the alley
stories shall be setback 25 ft. from the
separates said
property line; A minimum of fifty
Rear Adjacent to
property from an
percent of the wall plane over three
stories shall be setback 30 ft. from the
zone, are not
property line.
required to comply
with this
requirement.
Open Space
150 s.f./du 150 s.f./du
Minimum Common
Minimum Private
50 s.f./du 60 s.f./du
Minimum
6%
Landscaping
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.
Maximum Lot Coverage: 70% of the
small lot
13
Exhibit 1: Side Setbacks Zones Exhibi
Zones
Parking Standards
Residential (incl. Guest) For residential portion, project shall provide no less than 1.0
spaces/du.
1. All stalls shall be
double striped and
standard sized.
Studio & One
1 space/du
Bedroom
2. The required parking
stalls may include up
to 25% of the total
stalls as compact
parking.
њ
2 spaces/du
3. Required residential
guest parking may be
shared with the
use
project.
Guest
0.5 spaces/du
4. For small lot
development under ten
thousand (10,000) s.f.,
guest parking may be
reduced to 0.25
spaces/du with
Refer to RMC Section 17.30.110
Live/Work
approval by the
Community
Development Director.
14
1. All stalls shall be
Restaurant
1 space/400 s.f.
double striped and
<2,500 s.f.
standard sized.
Restaurant
1 space/200 s.f.
2. The required parking
>2,500 s.f.
stalls may include up
to 25% of the total
1 space/400 s.f.
(no restaurant/hotel)
stalls as compact
parking.
1 space/ Sleeping Unit; plus
1 space/50 s.f. of meeting room,
3. For small lot
exhibition space, dance hall
Hotel
development under ten
1 space/300 s.f. of restaurant
1 space/400 s.f. of all other uses
thousand (10,000) s.f.,
oning
A shopping center that has four (4) or
spaces may be counted
less tenants is parked by use. If a
towards
shopping center has more than four (4)
residential parking
tenants, then it is parked at the following
requirements. Only
Shopping Center ratios:
Up to 100,000 s.f. of floor area: 1
parking spaces along
space/250 s.f.
the parcel frontage will
Over 100,000 s.f. of floor area:
be applied.
1 space/280 s.f.
Driveways
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.
15
4)
through a secure gated entrance. However, parking areas for required
parking.
5) at 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
visible from the public righ
ludes a
decorative wall no higher than three (3) feet to screen the vehicles.
6) Tandem parking within allowed parking areas may be allowed with an AUP
the residential component of projects.
Tandem parking is permitted for nonresidential uses. When a nonresidential
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
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.
16
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.
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
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
materials.
2) Usable Common Open Space
a) All usable common open space shall be conveniently located and readily
accessible from all
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
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
17
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 materials.
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
used for residential purposes. Said wall shall be limited in height to
(42) inches where it abuts the required front yard setback on an adjacent
property zoned or used for residential purposes.
18
2) All walls on a property shall complement the architectural style and design of
the primary building of a development.
3)
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.
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
development, the lighting for commercial uses shall be appropriately shielded
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)
identifiable.
g. Mechanical Equipment, Loading Zones, and Service Area Screening
1) nted 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
prohibited.
2)
such similar equipment shall be screened from view from all public
rchitectural 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.
19
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)
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 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) 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
criteria:
a) 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
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.
20
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
zoned properties through appropriate placement of windows, doors, decks, roof
decks, and balconies.
2)
Translucent/obscured glass or windows with higher
sills may be utilized to allow for interior illumination while maintaining
privacy.
3) decks, roof decks, and balconies shall be oriented towards the
street to minimize and properties.
4)
b. Land Use Mix
1) Where a project proposes a variety of uses within a single project,
at ground level facing the street.
2)
facing a street.
3)
allowed at ground level facing the street or facing an 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)
similar massing, roof forms, wall planes, and detailing on all building
elevations.
2) Architectural elements that add visual interest, scale, and character shall be
21
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)
brick, wood, metal, and stone are encouraged.
4) 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
architectural elements to break up long horizontal rooflines.
2) Hipped or gabled roofs covering an entire building are preferred to mansard
roofs and segments of pitched roofs applied at the building edge.
3) Parapets shall be well-of substantial size to
complement the building design. Parapets shall include a minimum of one of
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
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)
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) -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
22
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
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.
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
windows, openings, entries, and facades. On the interior side of ground floor
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
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. 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
23
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
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 witse
developments. The FCMU Overlay Community Benefits Program is applicable to all
properties within the FCMU Overlay.
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
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 Maximum
Basis for Calculating Points
Provided Points
Consolidation of small or undersized properties. For
Lot every one or more parcels that are consolidated into a
25
Consolidation single parcel and recorded with the City, 25 points
will be awarded.
For 10% or more of the site area, the public open
space(s) provided is landscaped, provides shade trees,
Public Open
40 seating areas, bicycle racks, trash receptacles, and/or
Spaces
other amenities. Public open spaces to be located at
street level and accessible to the public may be in the
24
form of plaza, park, courtyard, or paseo.
Inclusion of art/cultural spaces or uses within
development projects. Must equal 5% of the
Public Art 30
construction value of the project.
Family Friendly
Provide more than 10% of total housing units as three
20
Development
bedrooms or larger.
Average commercial tenant size spaces of 2,000
square feet or more to provide national or regional
20 tenant opportunities. The project will receive a 5%
Component of
increase in residential to make the split 70%
residential to 30% commercial.
Publicly accessible parking spaces provided in excess
every 1
standard parking space marked for public use and
Public Parking 30
made permanently available, 2 points will be
awarded.
Sustainable Building achieves CALGreen Tier 1, or equivalent
20
Design certification.
Provision of
development, whether for sale or for rent, that are
made availabl
Veteran Housing 25
level or below, as defined by the U.S. Dept. of
Housing and Urban Development. For every
25 points will be awarded.
Maximum FAR or Density Permitted with the Provision of Community Benefits
All FCMU Zones
Commercial Mixed-Use/Residential
Points Earned
Land Use Land Use
FAR Density
0
0.35 60
0.60 67
0.60 74
0.60 81
0.60 88
0.60 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
25
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 the public realm in support of providing an enhanced and enjoyable public realm for
residents, visitors and the community e.
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
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, 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 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
26
spacing not greater than thirty (30) feet on center.
3) Where mature trees are proposed to be removed as part of a project proposal,
Mature trees that are approved for removal shall be replaced as part of a
project with a new tree that has at least a (24) inch box and is
consistent with the species to be removed and/or as may be approved by the
c. Streetscape Furnishings. Streetscape furnishings enliven the public realm and
urnishings
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 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
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
area.
1) Location
a) Outdoor/sidewalk dining, where permitted, may be located on the public
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.
27
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.
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
inches in
plantings shall be maintained in a neat and orderly manner and shall not
encroach past the approved outdoor/sidewalk dining area.
l) 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
28
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.
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 cu
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 § 17.130.170.B (Outdoor Dining) is amended,
as follows:
17.30.170 Outdoor dining.
A. Purpose. This Section provides locational, developmental, and operational standards for
outdoor dining area(s) located on private property as an accessory use to a legally
established restaurant.
B. Applicability. The provisions in this Section shall apply to outdoor dining area(s) as defined
in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article
2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards). Chapter 17.21
governs the regulations for Sidewalk Dining within the Garvey Avenue Specific Plan.
Section 17.28.040 governs Outdoor/Sidewalk Dining within the Freeway Corridor Mixed-
Use Overlay.
C. City Standards.
1. No permanent seats or structures shall be placed in the public right-of-way without the
review and approval of the City Engineer.
2. Outdoor seating furniture shall be a minimum of ten (10) feet from the nearest transit
stop.
29
3.Any outdoor dining area may be separated from the sidewalk only with planters,
shrubs, or fencing with a maximum height of forty-two (42) inches.
4.When alcoholic beverages are permitted in outdoor seating areas that are immediately
adjacent to a public pedestrian way, the landscape separation physical design and
plant material shall compliment the design of the building and prevent passing or
carrying alcoholic beverages outside the restaurant seating area and a sign shall be
posted.
SECTION 9.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. Thefollowing 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 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
dwelling units shall 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 mustlead to an approved off-street parking garage. Where driveways no
longer leadto an off-street parking structure or garage, the driveway approach, curb
andgutter 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 approvedalley access to a garage, additional access from the front yard
may be permitted.
SECTION 10.Construction.This Ordinance must be broadly constructed in order to
achieve the purposes stated in this Ordinancprovisions
of this Ordinance be interpreted or implemented by the City and others in a manner that
facilitates the purposes set forth in this Ordinance.
SECTION 11.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 Ordi
part will remain in full force and effect for sustaining action or prosecuting violations occurring
before the effective date of this Ordinance.
30
SECTION 12.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 theeffectiveness of the remaining provisions or applications and, to thisend, the
provisions of this Ordinance are severable.
SECTION 13.Effective Date.This Ordinanceshall take effect thirty (30) days after its
adoption.
SECTION 14.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.
th
PASSED, APPROVED, AND ADOPTEDthis28day of September, 2021.
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 abovesignature and certify that Ordinance No. 1001was first
introduced at the specialmeeting of September 7,2021,by first reading.Said Ordinance was
approved and adopted by the City Council of the City of Rosemead at a regular meeting held on
th
the28dayof September, 2021, by the following vote:
AYES:CLARK, DANG, LOW, LY
NOES:NONE
ABSENT: ARMENTA
ABSTAIN: NONE
Exhibits:
A.Zone Change 19-03-Rosemead OfficialZoning Map Amendment
32
EXHIBIT "A"
Zoning Map Amendment
Zone Change 19-03
CITYOF
TEMPLE CITY
Lry Ory Ry
Gft AiC RA,<R%
ANI 1VE - e[or
CITY OF
SAN GABRIEL
� II�LJ��iia..'A��►o �+a:�s
A
fL
�m 8 snare nr�� \ 'E�L' �% - • � 0.oNontl°
�r GARVE;AVE `<GAR r�
■ maIj
40
'< • • 1� CITY O JJ
•�,�/" `µ ftu SOUTH EL MONTE
71
w, I
LI
CIT4PARK MONTEWHITTIER NARROWSRECREATIONAL PARK
CITY OF \ ,
MONTEBELLO
Legend
ZONING
OVERLAYS
OR -t Gingle Family -C-3Metlum Com I-1 OM -t Light Manufacturing
—id- I
- GSP-MU—yAv— n,iall
Plan. Incendvizetl ®Co — IRMixed Use
3 LigM Multlpb
-GRegional Commercial -MU Commerical
Mpecific
xetl-Use
D-1-— 0-1.,
O Reaidendal
GEGCa rel Buuneas Intluslnal Mixed Use
nl
GSP-OSIP Garvey Avenue ®p pasign Overby
Oap an, Open Space
�Realdengal
Map Osinet OP -O Plennetl pevebpment
u
Pifi
��
tl
F or
-P PaMng - OS Open Space
GPeSpaRl4al/Commemlal
®Mixed Uae Ovetlaom
y
®Commel�rcryal
rM1pod -P- Profesabnal OlAre GSP GarveYAvenue
O
.
� C B
• C"ouatlaly
Gpecilc P an
ofcROB
emead
fficial Zoning Map
c
amity
ap,a M•�bmobm„v a�. W.«,a,�amna,zm,.
Mo
33