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CC - Item 2A - Single Family Residential Design Guildelinesi • ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCI FROM: ANDREW C. LAZZARETTO, CITY MANAGE DATE: APRIL 10, 2007 SUBJECT: SINGLE-FAMILY RESIDENTIAL DESIGN GUIDELINES SUMMARY During the past several months, staff has been working with Bauer Planning and Environmental Services (BPES), to draft new single-family home design guidelines. These new regulations would alter our existing municipal code to address issues related to what is commonly called "mansionization." Staff is now holding the required public hearings before the City Council to adopt the proposed new "design guidelines" and municipal code text amendments. While working on this project, staff made a concerted effort to gather and solicit community input as it is related to the proposed regulations. A number of workshops were conducted and individuals from the design community, local developers, home owners, the Planning Commission and even the City Council was invited and involved with these community meetings. Also, it is important to note that the Rosemead Planning Commission was unanimous in recommending to the City Council approval of the new single-family residential design guidelines. Staff Recommendation Staff recommends that the City Council take the following action: 1) Adopt Ordinance 851 (Attachment A) - Amending subsections 17.12, 17.16, 17.20, and 17.112 of the Rosemead municipal code relating to single-family residential design standards. 2) Adopt the proposed Single-Family Residential Design Guidelines (Attachment B) 3) Adopt a negative declaration finding that the project will not have a significant adverse effect on the environment. APPROVED FOR CITY COUNCIL AGENDA: • • City Council Reporl April 10, 2007 Page 2 of 2 ANALYSIS Over the past fifteen years, the City has received numerous applications for Conditional Use Permits (CUPs) requesting to build larger new homes or remodel existing homes within established residential neighborhoods. Currently, the Rosemead Municipal Code does not specifically address or regulate what constitutes "good" design principles as it relates to single family home construction. This means that any homeowner or developer wishing to construct a new home or significantly enlarge an existing home must rely on personal preferences or guidance from a project designer. In order for the City Planning Department staff to provide early, consistent, and helpful advice to residents and their home designers, staff is recommending that the City Council adopt Ordinance 851, which will modify the development standards of the zoning ordinance as they relate to single family home design in the R-1 and R-2 zoning districts. In addition, staff is also recommending the adoption of "Single Family Home Design Guidelines" to supplement the new development standards. These guidelines will be a useful handout to the public to ensure attractive home design in the future. The new design criteria will help to positively influence the livability and aesthetic value of the City's established residential neighborhoods throughout the community. An initial study was prepared for the project and it has been determined that no significant environmental impacts will result from the proposed code amendments and single family design guidelines (Exhibit C). PUBLIC NOTICE PROCESS This item was noticed as a public hearing pursuant to Govt. Code § 65090. Submitted by: 7 N Brad Jof nson Planning Services Administrator Attachment A: Ordinance 851 Attachment B. Single Family Home Design Guidelines Attachment C: Initial Study ORDINANCE NO. 851 AN ORDINANCE OF THE CITY COUNCILOF THE CITY OF ROSEMEAD, CALIFORNIA AMENDING SUBSECTIONS 17.12, 17.16, 17.20, 17.112 OF THE ROSEMEAD MUNICIPAL CODE (ZONING ORDINANCE) RELATING TO SINGLE FAMILY RESIDENTIAL DEVELOPMENT STANDARDS AND ADOPTING SINGLE FAMILY RESIDENTIAL DESIGN GUIDELINES THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The following Findings are adopted in support of amendments to Sections 17.12, 17.16, 17.20, AND 17.112 of the zoning ordinance by the City of Rosemead regulating the construction of single family homes and adopting design guidelines for single family residential design. A. The City currently has provisions in its Municipal Code relating to development standards for single family homes in the R-1 and R-2 zoning districts. B. The City does not have guidelines on what constitutes appropriate design features for large home development. C. The City wishes to establish guidelines to provide clarity to home designers relating to the construction of new and remodeled home design. D. The proposed amendments and guidelines ensures and maintains intemal consistency with all of the objectives, policies, general land uses, programs, and actions of all elements of the General Plan. The amendment does not conflict with current General Plan policies, objectives or programs. E. The proposed amendments would not be detrimental to the public convenience, health, safety, or general welfare of the City. F. The proposed amendments and guidelines will not have significant adverse effects on the environment. Section 2. CODE AMENDMENTS . Sections 17.12, 17.16, 17.20 AND 17.112 of the Rosemead Municipal Code are hereby amended by modifying the following municipal code sections: Chapter 17.12 GENERAL REQUIREMENTS 17.12.010 Conflicting regulations. Where any provision of this title imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other requirements, law or ordinance, or by private covenants, then the provisions of this title shall control in the event of any conflict between such specific provision or regulation and a general provision. (Prior code § 9121) EXHIBIT A • • 17.12.020 Less restrictive uses prohibited. The express enumeration and authorization in this title of a particular class of building, structure or use in a designated zone shall be deemed a prohibition of such building, structure or use in all zones of more restrictive classification, except as otherwise specified. (Prior code § 9121.1) 17.12.030 Additional permitted uses. Uses other than those specifically mentioned in this title as uses permitted in each of the zones may be permitted therein, provided such uses are similar to those mentioned and are in the opinion of the City Council, as evidenced by a resolution in writing, after a report and recommendation by the Planning Commission, not more obnoxious or detrimental to the welfare of the community than the permitted uses specifically mentioned in the respective zones. (Prior code § 9121.2) 17.12.040 Regulations applicable to all zones. The general regulations provided in this section shall apply to all land to which this is at any time applicable, unless otherwise provided. In case of any conflict between the general regulations and the regulations provided with respect to a specific zone, the latter shall control. A. Uses Permitted. No building shall be erected, and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building or premises be used, designed or intended to be used for any purpose or in any manner other than a use listed in this title, or amendments thereto, as permitted in the respective zone in which such land, building or premises is located. B. Building Height. Where a building height is given, this shall be the maximum building height. Except as hereinafter provided, no building shall be erected nor any existing building be moved, reconstructed or structurally altered to exceed in height the limit established by this title, or amendments thereto, for the zone in which such building is located. C. Yards. Where a yard distance is given this shall be a minimum distance, except as hereinafter provided: 1. No building shall be erected nor shall any existing building be removed, altered, enlarged or rebuilt, nor shall any open spaces surrounding any building be encroached upon or reduced in any manner except in conformity with the yard regulations established by this title, or amendments thereto, for the zone in which such building is located. 2. No yard or other open space provided about any building for the purpose of complying with the regulations of this title or amendments thereto, shall be considered as providing a yard or open space for any other building or structure. 0 0 Q of the frontage GR C)~ fd- vyh1ct n the na7roct in ert ttt b t ~ developed~ with Sidi v- p tFee e Wee th t Il th e de af ~ e ch~ nnpst~~ it~i vZCe-rrc d-to ti ~r~urr-~ ~ ,ag p the a rvg-c~c~c~ir~t~cr~i-y -v GaRnGt be e rd li f t if h li . . stablished by @PPIiGat'GR of thee Re Fen ya t e fFORt yard ne. lon,., „4,,411 r n .,M,te the ^verone of th o T depth, n-a t e d mere thaR thiFty-five (35) feet from the fFGRt prepeFty 1iRe line est-ablish 34. The front yard shall be measured from the front property line except that where there is an official plan line or a future street line, the front yard shall be measured from the official plan line or future street line. D. Area Requirements. Where the lot area per dwelling unit is given this shall be the minimum lot area per dwelling unit, provided, however, that when a lot in a residential zone has less area than herein required and lawfully existed at the time of the effective date of this title, the lots may be occupied by one dwelling unit. E. Lot Width. Where a lot width is given this shall be a minimum distance. F. Caretaker or Watchman Dwelling in Commercial and Industrial Zones. In any commercial (C) or industrial (M) zone, dwellings for caretakers or watchmen may be erected and used under the following conditions: A dwelling for a caretaker or watchman employed or designated, and actually engaged in the care, protection, maintenance or operation of a lawful use, or of property located on the same premises. Any building used for dwelling purposes for a caretaker or watchman shall be established and maintained in compliance with the provisions of the R-3 zone. A mobilehome or trailer shall not be construed or approved as a dwelling for a caretaker or watchman in any zone, except that a mobilehome or trailer may be temporarily used for such dwelling purpose for a period not to exceed six months during the initial construction period of any new development being established on the same premises. (Prior code 9103.3-- 9103.9) 17.12.050 Access to property. No property in a more restricted zone, shall be used for ingress to or egress from property in a less restricted zone, other than for purposes permitted in such more restricted zone. (Prior code § 9121.3) 0 • 17.12.060 Nonconforming buildings and uses generally. The following regulations shall apply to all nonconforming buildings and structures or parts thereof and uses existing at the effective date of this title. A. Any such nonconforming building or structure may be continued and maintained provided there is no physical change other than necessary maintenance and repair in such building or structure except as otherwise provided in other sections of this title. B. Any such nonconforming use may be maintained and continued, provided there is no increase or enlargement of the area, space or volume occupied or devoted to such nonconforming use, except as otherwise provided in this title. C. Any part of a building, structure or land occupied by such a nonconforming use which is changed to or replaced by a use conforming to the provisions of this title shall not thereafter be used or occupied by a nonconforming use. D. Any part of a building, structure or land occupied by such a nonconforming use, which use is abandoned, shall not again be used or occupied for a nonconforming use. Any part of a building, structure or land occupied by such a nonconforming use, which use shall have ceased for a period of one year or more, shall not again be used or occupied for a nonconforming use. E. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of a more restrictive classification, except as herein otherwise provided with respect to zone C-3. In zone C-3, if a lawfully existing building or structure is nonconforming because less than the required amount of parking is provided, the use of such building or structure may be changed on the conditions hereinafter provided, irrespective of such parking deficiency to one of the following uses only: 1. Bakery products shops; 2. Barber shops; 3. Beauty shops and manicure parlors; 4. Confectionery stores; 5. Dressmaking or millinery shops; 6. Drug stores; 7. Dry cleaning, pressing and laundry agencies, including spotting, sponging and pressing only; 8. Dry goods or notions stores; 9. Electric appliance stores and repairs; 10. Florist shops, greenhouses and flower nurseries; 11. Furniture stores; 12. Hardware stores; 13. Ice storage houses of not more than five-ton capacity; 14. Jewelry stores; 0 0 15. Meat markets or delicatessen stores; 16. Offices, business, or professional or public utility; 17. Photographic shops; 18. Radio and television stores; 19. Self service laundries; 20. Self service dry cleaning establishments; 21. Shoe stores or shoe repair shops; 22. Stationery and book stores; 23. Tailor, clothing or wearing apparel shops; 24. Libraries; 25. Police and fire stations; 26. Post offices; 27. Schools; 28. Telephone exchanges and communication equipment buildings. No such change of use may be made without compliance with the provisions of Chapter 17.84 with respect to improvement of such parking area as is afforded, unless the Modification Committee shall find that the required improvement is unreasonable or unnecessary in the circumstances. F. In all R zones, every nonconforming building or structure which was designed, arranged or intended for a use not permitted in the R zones, in the absence of a variance permitting such use of structure shall be completely removed or altered and converted to a conforming building, structure and use when such buildings or structures have reached, or may hereafter reach, the ages, computed from the date of wood or wood frame construction twenty-five (25) years; if of masonry construction forty (40) years. Provided, however, that this regulation shall not become operative until ten years from the effective date of this title, and except that this subsection shall not apply to lawfully existing public utility buildings and structures. G. Every nonconforming use of land (where no main building is involved) existing at the time this title becomes effective shall be discontinued within three years from the effective date of this title, except that this subsection shall not apply to public utility uses. H. Every nonconforming use of a conforming building or structure existing at the time this title becomes effective shall be discontinued within three years from the effective date of this title. 1. Any sign, billboard, commercial advertising structure or statuary which is lawfully existing and maintained at the time this title becomes effective may be continued, although such use does not conform with the provisions hereof; provided, however, that no structural alterations are made thereto, and provided further that all such nonconforming signs, billboards, commercial advertising structures or statuary, and their supporting members, shall be completely removed from the premises not later than three years from the effective date of this title. 0 0 J. The foregoing provisions of this section shall also apply to buildings, structures, land or uses which hereafter become nonconforming due to any reclassifications of zones under this title, or by reason of annexation of property to the city, provided, however, that where a period of years is specified in this section for the removal of nonconforming buildings, structures or uses, the period shall be computed from the date of such reclassification or change. 1. The reclassification of permitted storage and display associated with commercial uses as set forth in Sections 17.36.070, 17.44.070, 17.48.160 and 17.56.100, shall take effect on November 1, 1977, and all storage and display uses described in those sections shall be in conformity with the provisions contained therein on November 1, 1977. K. The foregoing provisions of this section shall not apply so as to prevent the modernization, reconstruction or replacement of public utility buildings, structures, equipment and facilities where there is no change of use or increase in area of property so used. (Prior code § 9121.4) 17.12.070 Registration of nonconforming buildings and uses. All nonconforming uses and nonconforming buildings existing upon the effective date of this title shall, by the owners thereof or their agents, be declared in an affidavit filed with the City Clerk within six months after such date. Otherwise the right to maintain or continue such nonconforming use or building shall cease and terminate at the expiration of the six-month period. Such affidavit shall contain the following information: A. The legal description of the premises upon which the nonconforming use of building exists; B. The street address by which such premises are commonly known; C. The name and address of the owner or owners of such premises; D. The name and address of the occupant or tenant of such premises; E. The business or trade name, if any, under which the nonconforming use is conducted; F. A plot plan drawn to scale showing the location and dimensions of all buildings and structures located on the premises involved. (Prior code § 9121.5) 17.12.080 Building under construction. Any building or structure for which a building permit has been issued prior to the effective date of this title may be completed and used in accordance with the plans, specifications and permits on which the building permit was granted, if construction is commenced within sixty (60) days after the issuance of the permit and diligently prosecuted to completion. (Prior code § 9121.6) 0 0 17.12.090 Reconstruction of damaged nonconforming buildings. Nothing in this title shall prevent the reconstruction, repairing or rebuilding and continued use of any nonconforming building or structure partially damaged by fire, collapse, explosion or acts of God subsequent to the effective date of this title, where in the cost of such reconstruction does not exceed seventy-five (75) percent of the assessed value or the building or structure at the time such damage occurred as shown by the last equalized assessment roll of Los Angeles County. All such reconstruction shall be performed under one building permit, started within a period one year from date of damage and diligently prosecuted to completion. The provisions of this section shall not apply to public utility buildings and structures. In the event such reconstruction cost would exceed seventy-five (75) percent of the assessed value, as shown by the assessment roll, of the building or structure at the time such damage occurred, no repairs or reconstruction shall be made unless every portion of such building or structure is made to conform to all the regulations for new buildings or structures in the zone in which it is located. However, existing nonconforming residential structures in the R-1 and R-2 zones which structures are damaged or destroyed by fire, collapse, explosion or acts of God, may be repaired or reconstructed and such nonconforming residential use may be continued, regardless of the cost of such repairs or reconstruction; subject to the limitation that such repairs or reconstruction shall not enlarge or change the location of such nonconforming structures. (Prior code § 9121.7) 17.12.100 Nonconforming uses resulting from amendments. The provisions of this title shall apply to uses which become nonconforming by reason of any amendment to this title, as of the effective date of such amendment. (Prior code § 9121.8) 17.12.110 Location of dwelling. Except where otherwise provided for in this title, every dwelling shall face or have frontage upon a street or permanent means of access to a street by way of a public or private easement or passageway other than an alley. (Prior code § 9121.9) 1 1 120 Distafw-e- i#gS-on-Sairne Iet. 17.12.1230 Height of buildings. No penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment; towers, roof signs or other structures shall exceed the height limit provided in this title. Radio and television masts, steeples; • • and flagpoles, may extend not more than thirty (30) feet above the height limit provided in this title, provided that in the opinion of the Building Inspector the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances. (Prior code § 9121.11) 17.12.1340 Dwelling and other occupancies. Where a dwelling is located, placed or erected above another type of use in zones other than R-1, R-2, R-3, R-4 or A-1 zones, the rear and side yards for the floors occupied for dwelling purposes shall comply with the provisions of the R-4 zone. (Prior code § 9121.12) 1712 1 "GGesso y-b-uf4dings-. -to--t-he ten, ~ , i ,,.Z:1 II , , , - - - - ' eXGeed two rto r ec nr thirty mo, I di t l eFGeR iX B) t ef f the t de h of the I^+ from }ha GGated at at a- ance -ci taR s e S P hi e gar i ir ~ s less p v~.T Tz . . 4 h ll t b I t d diStaRGe less tha n tweRt (20 ) feet from the side ZE)Re street Ii ^I s s a Re. r GGa e a e a y if meFe thaR OR E. O s 1Vl i , , fi f h t int , erior Ii c+nr~t~ R he ght shall be Ini-n+orl n ve o ne ar } } f to aR o f y t f pFopei y Re- d r+nrnnrn+ rev r F, No g h Rz R 1 Y builr{i RgS OR th ~cr R T' r I A ,i ive e rear all be I ene Tsh ee (25) GGated o neaF e se a eF to the cuive 4ot-IiRe n t e h , t t , o - r - ~ i i--z ~ fr r t a ~r r-d depth reg sired OR on t e the key s Fee ~l let iR th e reaF. y A G i t t t f ed six hURdFed (600) s quaF e feet may be a pa . pr e ga va rage O RO G eX Ge le th five f a inn ner` n }erl h eet Fete b a roof }h.a.n f f nn} IoSJ ive feet in w hora uGh attac idth -t e y O ~ n . T t t t h f the frn n+ f h ll Ret be nea h Fe than l'lGe- o c)F .rl aR G ~ e no nto five (25) feet fFom feet, bu the Stre t et pmvi O SUG garag dinn aGGes ther a e S etrt • • rivate- aFa ' b i H C) d e may be permitted g g p ttl -u aGGessoF - . ne-~CtOtrtYC teFOOF '9tR the R 1- R -2 Q , reater t is g l i h * - i s . nn° of feuF feet from Oho a 7r-n4 I d ed stp eet eioya nnn at th less thaR five feet frem the side eF fFGRt IiRe of the let aRd fuFth er previded that n & pRe zede § 91214-3) i 17.12.160 Through lots. On through lots, either line separating such lot from a public thoroughfare may be designated by the owner as the front lot line. In such cases, the minimum rear yard shall be the average of the yards on lots next adjoining. If such lots next adjoining are undeveloped, the minimum rear yard shall conform to the front yard setback for the zone in which the property is located. The provisions of Section 17.12.190 shall apply to such rear yard. (Prior code § 9121.15) SECTION MOVED TO CHAPTERS 17.16 and 17.20 11 a-T42-.480- FenGes ,walls-a-r+d-hedges: • • No PE)r-t;E)R of any side yard or he trout side of r+nrnor Ir,t or any ee rnnrti n of th the 2P S ~ 0 0 er y Gies t raders, a iFpl@Rer, hnatc_ ra fts- of aRY e 9F-Fu rubbish of the f()'--G & Rg, ru rer-ep bbish, g 11 i alid it in eFfent for nnrictr_C~nn nn th ' D e premises) PeFM afl2flt the t me ~a~ " pe rm T . storage, f 17.12.200 Utilities. The provisions of this title shall have no application to communication lines, electric transmission or distribution lines or gas pipelines, regulators or meters, used directly or indirectly for service to the public or any portion thereof by persons, firms or corporations subject to the jurisdiction of and regulation by the Public Utilities Commission of the state of California- (Prior code § 9121.19) 17.12.210 Reduction of lot area or width. Except as otherwise provided in this title, a person shall not divide any lot or parcel of land or any portion thereof, if as a result of such division or conveyance the area or average width of any lot or parcel of land so reduced, or a lot or parcel of land is created, which lot or parcel of land has an area or average width less than the minimum required by this title for a parcel with the number and type of structures on such resulting lot or parcel, or less than the minimum area or width otherwise required under any applicable provisions of this title. (Prior code § 9121.20) 17.12.220 Recision of conveyance. Any deed of conveyance, sale or contract to sell made contrary to the provisions of Section 17.12.210 is voidable at the sole option of the grantee, buyer or person contracting to purchase, his or her heirs, personal representative, or trustee in insolvency or bankruptcy within one year after the date of execution of the deed or conveyance, sale or contract to sell, but the deed of conveyance, sale or contract to sell is binding upon any assignee or transferee of the grantee, buyer or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor or person contracting to sell, his or her assignee, heir or devisee. (Prior code § 9121.21) 17.12.230 Street dedication and improvement. A. No building or structure shall be erected or enlarged, and no building permit shall be issued therefore, on any lot in any zone or in any planned development in any P-D zone of which lot is a part, other than an R-1, R-2 or R-3 zone if such lot abuts a major or secondary street unless the one-half of the street which is located on the same side of the center of the street as such lot has been dedicated for the full width of the lot so as to meet the standards for such street set forth in the circulation element of the General Plan for recommended right-of-way for major and secondary streets in the city, approved by the City Council and on file in the • • office of the City Clerk, and has been improved to city standards; or until such dedication and improvement has been assured to the satisfaction of the City Manager and City Engineer. As used herein the "center of the street" means the centers of those streets as such streets are shown on the circulation element of such General Plan. The maximum area of land required to be so dedicated shall not exceed twenty- five (25) percent of the area of any such lot. B. Notwithstanding any other provisions of this code, no fee shall be charged for the rendering of any service by the city in connection with any dedication required by the provisions of this section and not a part of a subdivision proceeding. C. Any person required to dedicate and make improvements by the provisions of this section shall execute and deposit with the City Manager an instrument of conveyance executed by all parties of interest as shown by a current preliminary title report prepared by a title company, and in such form as approved by the City Attorney, and with respect to improvements shall either make and complete the same to the satisfaction of the City Engineer or file with the City Manager a bond in such amount as the City Engineer shall estimate to be necessary to complete the improvements required. D. Whenever any uncertainty may exist as to the application of the provisions of this section in the matter of street alignments or street centers, the City Engineer shall determine their application in conformity with the spirit and intent of this section. (Prior code § 9121.22) f . n4 (20 Y #e-R rTSv t up to rGY'i'te tt o Fe TZ'y we Ii-Fit y fees are TfT I 1 et i:equired t~ed 1 . ' i ire pubs„s i„teresti a dd that the SpiFit a , 17.12.250 Requirement for construction of a six-foot high masonry wall. The City Council finds that there are areas within the city where commercial zones abut residential zones and the construction of a block wall is necessary to protect such residential areas. Any owner, lessee, occupant or agent constructing or causing the construction of any building, building addition, accessory building, or repairs estimated by the Building Department to have a value of ten thousand dollars ($10,000.00) or more • upon any commercially used and zoned lot adjacent to property zoned and used for residential purposes shall construct a six-foot high masonry wall along the property line where the commercially zoned lot has a common or rear lot line with a residentially zoned property. Any person desiring to obtain a modification from the provisions of this section may file with the Planning Commission a written application therefor, citing the reasons for such request. The Planning Commission shall give the application for such modification an opportunity to be heard if he or she so desires, and thereafter may grant or deny the application for the modification, or may grant the same upon such conditions as the Planning Commission deems necessary for the preservation of the safety, health or property of the general public. Any interested person may appeal the decision of the Planning Commission to the City Council by filing an appeal pursuant to Section 17.124.070 of this code. (Prior code § 9121.24) 17.12.260 Garage sales Persons may engage in the activity of selling goods, wares or merchandise in residential zones, or areas used for residential purposes, only in the manner prescribed herein: A. Such activity shall be conducted within garages, carports, front yards, backyards, patios and walkways located on the resident's property. No goods, wares or merchandise shall be displayed or placed in the public right-of-way. B. All such goods, wares and merchandise shall be the personal property of the resident or his or her co-conductors of the sale and shall be obsolete to his, her or their use. The resident shall not bring or allow new or successive items onto the property to replenish the stock of goods, wares or merchandise. C. No advertising signs shall be posted more than one week prior to the initial sale date. No such signs shall be posted within the public right-of-way except on self- supporting stakes. The conductors of the sale shall remove all signs immediately at the end of the sale. The activity may only be held between the hours of eight a.m. and eight p.m., for a maximum of three consecutive days. D. No more than two garage sales shall be conducted in any six-month period. E. The provisions of this section shall not apply to churches, public schools or charitable organizations if the sale is conducted on the property of the organization and not in a private residence. If such sale is conducted in or on the premises of a private residence all of the provisions of this section shall apply. F. The resident shall first obtain a no-fee city permit and that a copy of such permit shall be displayed at the site of the sale. G. Violation of any provision of this section is determined to constitute an infraction, punishable by a fine not exceeding one hundred dollars ($100.00) for a first violation, a fine not exceeding two hundred dollars ($200.00) for a second violation of the same section within one year and a fine not exceeding five hundred dollars ($500.00) for each additional violation of the same section within one year. A fourth violation within one year shall constitute a misdemeanor. (Ord. 725 § 1, 1993; prior code § 9121.25) 17.12.270 Recycling facilities-- Generally. A. It is the intent and purpose of this section and Section 17.12.280 to encourage the recycling of reusable materials and provide convenient service locations for the citizens of the community as mandated by state law. It is also the intent of this section and Section 17.12.280 to establish minimum standards of development in order to insure compatibility of recycling facilities with the surrounding land uses to protect surrounding property values, and to maintain the health, safety and general welfare of the community. (Prior code § 9121.26) 17.12.280 Recycling facilities-- Development standards. No firm, person or corporation shall permit the placement or installation of any recycling facility without first obtaining an administrative permit from the city Planning Department pursuant to the provisions set forth in this section. The following recycling facilities may be permitted in the C-1, C-3 and M-1 zones provided they are accessory to a principal use and comply with the following standards: A. Reverse Vending Machines- 1. Shall be established in conjunction with a principal commercial use or community service facility which is in compliance with the zoning, building and fire codes of the city; 2. Shall be located within thirty (30) feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation; 3. Shall not occupy parking spaces required by the primary use; 4. Shall occupy no more than fifty (50) square feet of floor space per installation, including any protective enclosure, and shall be no more than eight feet in height; 5. Shall be constructed and maintained with durable waterproof and rustproof material; • • 6. Shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperable; 7. Shall have a sign area of a maximum of four square feet per machine, exclusive of operating instructions; 8. The property around the reverse vending machines shall be maintained in a clean, litter-free condition on a daily basis. A trash container shall be located near the machine to prevent littering; 9. Operating hours shall be at least the operating hours of the principal use; 10. Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn. B. Small Collection Facilities. Small collection facilities may be sited in C-1, C-3 and M-1 zones with an administrative permit provided they comply with the following conditions: 1. Shall be established in conjunction with an existing commercial use or community service facility which is in compliance with the zoning, building and fire codes of the city; 2. Shall be less than two hundred (200) square feet in area not including space that will be periodically needed for removal of materials or exchange of containers; 3. Shall be set back at least ten feet from any street line or public sidewalk and shall not obstruct pedestrian or vehicular circulation; 4. Shall accept only glass, metals, plastic containers, papers and reusable items; 5. Shall use no power-driven processing equipment except for reverse vending machines; 6. Shall use containers that are constructed and maintained with durable waterproof and rustproof material, covered when site is not attended, secure from unauthorized entry or removal of material and shall be of a capacity sufficient to accommodate materials collected and collection schedule; 7. Shall store all recyclable material in containers or in the mobile unit vehicle, and shall not leave materials outside of containers when attendant is not present; 0 0 8. Shall be maintained free of litter and any other undesirable materials, and mobile facilities, at which truck or containers are removed at the end of each collection day, shall be swept at the end of each collection day; 9. Noise levels shall comply with the noise standards of this code, 10. Attended facilities located within one hundred (100) feet of a property zoned or occupied for residential use shall operate only during the hours between nine a.m. and seven p.m.; 11. Containers for the twenty-four (24) hour donation of materials shall be at least one hundred (100) feet from any property zoned or occupied for residential use; 12. Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and the telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers; 13. Signs may be provided as follows: a. Recycling facilities may have identification signs with a maximum of twenty (20) percent per side or sixteen (16) square feet, whichever is larger, in addition to informational signs required in subsection (13)(12) of this section; in the case of a wheeled facility, the side will be measured from the pavement to the top of the container. b. Signs must be consistent with the character of the location. c. Directional signs, bearing no advertising message, may be installed with the approval of the Planning Department if necessary to facilitate traffic circulation, or if the facility is not visible from the public right- of-way; 14. The facility shall not impair the landscaping required by local ordinances for any concurrent use by this title or any permit issued pursuant thereto; 15. No additional parking spaces will be required for customers of a small collection facility located at the established parking lot of a host use. One space will be provided for the attendant, if needed; 16. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present; 0 0 17. Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary host use unless all of the following conditions exist: a. The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation. b. A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site. c. The permit will be reconsidered at the end of six months. A reduction in available parking spaces in an established parking facility may then be allowed as follows: For a commercial host use: Number of Available Parking Spaces Maximum Reduction 0-25 0 26-35 2 36-49 3 50-99 4 100+ 5 For a community facility host use: A maximum five spaces reduction will be allowed when not in conflict with parking needs of the host use, 18. If the permit expires without renewal, the collection facility shall be removed from the site on the day following permit expiration. C. Large Collection Facilities. Large collection facilities may be permitted in the C-3 and M-1 zones subject to a valid conditional use permit approved by the Planning Commission and meeting the following standards: 1. No large collection facility shall be located in any C-3 or M-1 zoned property which currently has all or a portion of the property utilized for residential purposes; 2. Shall be at least one hundred (100) feet away from any property zoned or designated by the General Plan for residential use; 0 0 3. Shall be screened from the public right-of-way by operating within an enclosed building or within an area enclosed by a solid fence at least six feet in height, and all applicable noise standards stipulated in this code shall be met. The fence shall be set back five feet from property line and the setback area shall be permanently landscaped and maintained; 4. All exterior storage of material shall be in either baled or palletized form, or in sturdy containers which are covered, secured and maintained in good condition. Storage containers for flammable material shall be constructed of non flammable material- No storage, excluding truck trailers or overseas containers, may be visible over the height of the fencing; 5. Site shall be maintained free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis. A trash container shall be located near the facility to prevent littering; 6. Parking and turn-around space shall be provided on-site in an amount adequate to serve the anticipated peak customer load or five vehicles, whichever is higher, to circulate and to deposit recyclable material; 7. One parking space for each employee and each vehicle operated by the recycling facility shall be provided on-site.' The parking are thus created shall be exclusive of the circulation/drop-off area stipulated in subdivision 6 of this subsection; 8. Noise levels shall comply with the noise standards of this code; 9. If the facility is located within five hundred (500) feet of the property zoned or planned for residential use, it shall not be in operation between the hours of seven p.m. and seven a.m., 10. Any containers provided for after-hours donation of recyclable materials shall be at least fifty (50) feet from any property zoned or occupied for residential use; shall be of sturdy, rustproof construction; shall be of sufficient capacity to accommodate materials collected; and shall be secure from unauthorized entry or removal of materials; 11. Donation areas shall be kept free of litter and any other undesirable material, and the container shall be clearly marked to identify the type of material that may be deposited; facility shall display a notice stating that no material shall be left outside the recycling containers; 12. Facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation; identification and informational signs shall meet the standards of the zone; and directional signs, bearing no advertising message, may be installed with the approval of the Planning Director, if necessary 0 0 to facilitate traffic circulation, or if the facility is not visible from the public right-of- way; 13. Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for the efficient temporary storage and shipment of material, may be approved if noise and other conditions are met. (Prior code § 9121.28) 17.12.290 Variable height. In addition to the height requirements set forth in each zone, the following development standards shall apply. When requirements conflict with other sections of this code, the most restrictive shall apply: A. All commercial and industrial zones shall have a variable height limitation established when abutting R-1 and R-2 zones: 1. C-1, C-3, CBD, P-O and commercial P-D rear yard limitations: establishing a height at six feet above finished grade of adjacent residential property line, a twenty (20) degree incline plane is projected that establishes the height limitation. 2. M-1 rear yard height limitations: establishing a height of nine feet above finished grade of adjacent residential property, a twenty (20) degree incline plane is projected. 3. Side Yard Height Limitations. In all zones, except for R-3, buildings shall be a maximum height of fifteen (15) feet, twenty (20) feet from the side property line, with a forty (40) degree inclined plane projected six feet high from property line to establish the height limitation. B. When street frontage is opposite R-1 or R-2 zones, the inclined plane set forth in subsection (A)(3) of this section shall be used, commencing at a height of thirty- five (35) feet from the residential street property line. C. In all zones, accessory buildings and structures, when abutting R-1 and R-2 zones, shall not exceed a height of nine feet above the adjacent residential finished grade, and when abutting R-3 development, the height shall not exceed fifteen (15) feet provided a five-foot setback is maintained. D. When any lot or parcel of land, except in an R-1 or R-2 zone, sides on or backs up to residentially zoned property, all doors, windows, light wells, stairways, walkways, and the like within sixty-five (65) feet of property line and above the first floor shall be screened so as to prohibit viewing of the adjacent residential zones. (Prior code § 9121.29) 17.12.300 Trash enclosure. • 0 Enclosed solid waste storage collection areas shall be conveniently located and shall be an integral part of the architectural development of a property. Enclosure dimensions shall be a minimum of 6.5 feet in depth by 7.5 feet in width. Trash enclosures shall be constructed with reinforced masonry block walls not less than six feet in height and equipped with self-closing doors. No trash enclosure shall be located in any required parking stall, back-up aisle, or landscaping area. (Prior code § 9121.30) 17.12.310 Required setbacks abutting more restrictive zones. Notwithstanding any other provision of this title, when any zone abuts an R-1, R-2 or R-3 zone, the setback of the most restrictive zone shall apply for a distance of fifty (50) feet from the common property line. (Prior code § 9121.31) 17.12.320 Use of trailers. No trailer shall be permitted in any zone for any use, except as follows A. Residential Zones. In the R-1 and R-2 zones, a residential travel trailer may be stored. At no time shall any travel trailer be utilized for living purposes. However, a temporary non-fee permit may be issued, not to exceed two weeks in any six months, for the use by the owner of the property or their invited guests. B. Commercial and Industrial Zones. In the C-1, C-3, CBD, P-D and M-1 zones, a residential travel trailer may be stored, provided it is not visible from the street. However, at no time shall a travel trailer be used for living or business purposes. A nonresidential trailer, as defined in subdivision 1 of this subsection, may be used for a period of not to exceed one year as a temporary office used only by employees of the principal business or use occupying the property not open to the general public. The use of any trailer shall be contingent upon the principal business and trailer meeting off-street parking requirements. All nonresidential trailers shall be architecturally compatible with surrounding buildings and fitted with appropriate skirting, landscaping and other screening devices. 1. A nonresidential trailer shall include any trailer coach designed for human use, occupation or habitation, other than for residential purposes. Any such trailer shall be installed and maintained in accordance with the Uniform Building Code, Fire Code, provided no piping for water is permitted and the appropriate permits are obtained. C. Other Uses. 1. Trailers may be used as construction offices on or adjacent to any site on which a building permit has been issued and the project is being diligently pursued. Such trailers shall be removed upon expiration of the permit or completion of project. LJ 2. Trailers may be used for the dispensing of food items on properties owned by a public entity in conjunction with youth nonprofit recreational activities. 3. Any trailer uses not meeting the above standards may apply for a conditional use permit pursuant to Section 17.112.030 of this code. (Prior code § 9121.32) Chapter 17.16 SINGLE FAMILY R-1 REGULATIONS 17.16.010 Applicability. The following regulations shall apply in the R-1 single-family residential zone unless otherwise provided in this title. (Prior code § 9104) 17.16.020 Permitted uses. A. A one-family dwelling, subject to the lot designations and regulations contained in Ch. 17.84; B. The accessory buildings necessary or incidental to such use located on the same lot or parcel of land including a private garage, the capacity of which shall not exceed three automobiles; C. The noncommercial growing of nursery stock, field crops, tree, bush and berry crops, and vegetable or flower gardening; D. Household pets, not to exceed three animals, over four months of age, for each dwelling unit. This provision shall not be construed to permit any animal capable of inflicting harm or discomfort or endangering the health and safety of any person or property; E. Where a dwelling exists, prior to the effective date of this title, on the rear portion of the lot and at least seventy-five (75) feet back of the front lot line, a new dwelling may be constructed and maintained on the front portion of the lot, provided there shall be a minimum distance of twenty (20) feet between the new dwelling and the old dwelling on the rear of the lot which shall be converted to an accessory building by the removal of all kitchen facilities; F. Storage of building materials, used in the construction of a building or building project, during the construction and thirty (30) days thereafter, including the contractor's temporary office provided that any lot or parcel of land so used shall be a part of the building project, or on property adjoining the construction site, pd in ur n}}nn D enfnn §0 1 17.16.030 Uses permitted with a conditional use permit. • • Ch. 17.112 lists uses that are permitted in various zones pursuant to securing a conditional use permit in accordance with the standards and procedures set out in this title. (Prior code §9104) The following additional conditional use permit requirements shall apply. A A CUP shall be required for any lighted outdoor sporting field or court (tennis, basketball, etc. . B A CUP shall be required for the addition of any fill that would raise building pad or front yard elevation by more than 24" above natural grade. 17.16.040 Building height maximum. *6 lens. ~WO aRd GRe half st()F*es er thiFty five (35) feet, whiGheveF A. New homes and remodels shall not have more than two floors B The maximum height for a one-story unit shall be 18-feet: the maximum height for a two- story unit shall be 30 feet. c Any second floor wall that exceeds a length of 25 feet shall be required to add one element of articulation or offset for each additional 8 feet of length. The minimum offset shall be 5 feet for each 8-foot length over 25 feet. Eligible articulation features may include. but are not necessarily limited to: ■ Dormer windows ■ Architectural shutters ■ Projecting balconies ■ Bay windows -t■- ■ Decks 17.16.050 Front yard minimum. Twenty (20) feet, except that no garage portion of a main building shall be nearer than twenty-five feet from the front property line of the lot if the opening for automobile access to such garage portion faces the street. (Prior code § 9104.3) 17.16.060 Side yard minimum. A For the first stogy, five foot ax . VT T~i~'tVY~3'ly-'tt'vVtltit~`' Cgthr°c side yaFd aG"hall he ter, feet rPrFG The first floor side yard setback shall be 10% of lot width or five feet, whichever is greater. 17.16.070 Rear yard minimum. Twenty-five (25) feet or twenty (20) percent of the depth of the lot, whichever is less. Whenever a dwelling has more than four bedrooms and over two thousand (2,000) square 0 0 feet of living area, a rear yard minimum of thirty-five (35) feet shall be required, and the yard shall be maintained as a recreational area and/or landscaped. (Prior code § 9104.5) 17.16.080 Lot area minimum. Six thousand (6,000) square feet with RE)t less thaR six thewsaRd (6,000) square feet of IG area per dwelling unit. (Prior code § 9104.6) 17.16.090 Lot width minimum. Fifty (50) feet at the front property line. (Prior code § 9104.7) 17.16.100 Lot location. Any lot shall have frontage upon a public street. (Prior code § 9104.8) 17.16.110 Floor area maximum and minimum. A. Residential buildings shall have a minimum ground floor area, exclusive of open porches or garages, of one thousand (1,000) square feet. (Prior code § 9104.9) B. The area of the second floor shall not exceed two-thirds the floor area ratio of the first floor. 17.16.120 Parking requirements. There shall be provided on the same parcel of land not less than two parking spaces for each dwelling unit, except that for dwellings which contain over four bedrooms and over two thousand (2,000) square feet of living area, no less than three parking spaces shall be provided. Each such parking space shall be not less than ten feet wide, seven feet high, and twenty (20) feet long and shall be in a garage. (Prior code § 9104.10) 17.16.130 Lot coverage. Standards regulating the extent a lot may be improved have been established in order to prevent excessive development and to maintain landscaped areas where water may be absorbed. The following standards apply to the R-1 zone: A. Floor-Area Ratio (FAR). Residential development shall not have a floor-area ratio that exceeds forty five (45) peFGeR , thirty-five (35) percent to be calculated pursuant to Section 2 599 three thousand (3,000) square feet of living area shall require a conditional use permit pursuant to Section 17.112.030. B. Impervious Surfaces/Landscaping. Pedestrian walkways, vehicular access ways and other impervious surfaces shall not collectively occupy more than fifty (50) percent of front • • and side yard areas that are visible from a public right-of-way. Addition of impervious surfaces in these areas shall require a site plan subject to the approval of the Director of Planning. All other portions of these areas shall be landscaped with lawn, trees, shrubs and other plant materials in compliance with any drought tolerance requirements in effect. Landscaped areas shall be permanently maintained in a neat and orderly manner. 1. Front Driveway. Vehicle access ways (driveways) serving front facing garages shall be set back at least three feet from any side property line. The maximum width of the access way shall not exceed twenty-five feet for a two-car garage or thirty-five feet for a three-car garage. 2. Walkways. Pedestrian walkways on private property shall not exceed five feet in width when located in front or side yard areas. (Ord. 754 § 2, 1995: prior code § 9104.12) C A home that exceeds the size of the largest adjoining home by more than 20% shall be required to add subject to a Site Plan Review approval at least one of the following features: ■ Roofline with height and plane changes ■ Reduced eave height D When two or more lots are merged the allowed Lot Coverage and FAR shall be no larger than 150% of the allowance that would occur for the largest single lot. 17.16.140 Flag lot development. In order to provide the opportunity for single-family residential flag lot development, and to maintain the integrity of existing single-family areas, the following regulations and criteria of evaluating flag lot development are established. However, in no case shall more than three flag lots be allowed within any subdivision consideration. A. All development standards and definitions contained within this title shall continue to be applicable and in force unless otherwise specifically addressed within this section. Particular reference is made to Section 17.16.090 pertaining to a minimum fifty (50) foot street frontage. The applicability of this requirement to non-flag lot parcels, which may be part of the land division under consideration, is emphasized for clarity. B. Front Yard. For the purposes of this section, a "front yard" is defined as that area which extends across the width of the lot, or as otherwise defined within Section 17.04.020 and is immediately adjacent to the flag lot vehicular access leg, which connects to the public street. Such vehicular access leg is exclusive of a front yard setback area, as set out in Appendix A, attached to the ordinance codified in this title. C. Front Yard Setback. Those front yard setback requirements contained within Section 17.16.050 shall apply; provided, however, that for the purposes of measurement, the following methods shall be applicable, and as set out in Appendix C attached to the ordinance codified in this title. 1. When a single (one) flag lot is to be served by a driveway which is solely devoted to the exclusive use of such single flag lot, measurements shall be initiated from the front property line, as defined under subsection B of this section. 2. When two or more flag lots are to be serviced by a common driveway obtained through fee, easement, or in combination thereof, and when such lots lie partially within such common driveway, no setback measurements shall include any portion of such common driveway. 3. The Planning Commission may establish a new point of measurement for front yards; providing, however, that common driveways or vehicular access easements shall not be counted toward satisfying front yard setback requirements. D. Side Yard. The minimum side yard setback shall be five feet; provided, however, that for the purposes of measurement, the following methods shall be applicable as per described circumstances, and as set out in Appendix A attached to the ordinance codified in this title. 1. When a single (one) flag lot is to be served by a driveway which is solely devoted to the exclusive use of such single flag lot, measurements shall be initiated from the side property line. 2. When two or more flag lots are to be served by a common driveway obtained through fee, easement, or in combination thereof, and when such lots lie partially within such common driveway, no setback measurements shall include any portion of such common driveway. E. Lot Area. The minimum lot area shall be six thousand (6,000) square feet and shall be calculated as per Section 17.04.020, provided, however, that for the purposes of this section, the following shall be applicable: The minimum developable lot area, exclusive of vehicle access leg or common driveway access easements, shall be five thousand (5,000) square feet, and as set out in Appendix A attached to the ordinance codified in this title. F. Lot Width. The minimum lot width for a flag lot developable area as described in subsection (E) of this section shall be fifty (50) feet and shall be determined per the method described under Section 17.04.020, "Lot width," contained within this title. G. Lot Width--Street Frontage. The minimum street frontage for a flag lot development is directly dependent on the number of flag lots. The following requirements shall be applicable as per described circumstances, and as set out in Appendix A attached to the ordinance codified in this title. 1. The minimum street frontage for a single (one) flag lot shall be fifteen (15) feet. 2. The minimum street frontage for two or more lots which are so designed to provide a common vehicular access leg by way of fee, easement or combination • thereof, shall provide a minimum of three feet of real property street frontage; provided, however, that the following minimum street access widths are established: a. The street frontage for two lots shall be eighteen (18) feet; provided, however, that such requirement may be achieved by a combined contribution of individual lot street frontage which equals the required access driveway width. b. The street frontage for three flag lots shall be twenty-six (26) feet; provided, however, that such requirement may be achieved by a combined contribution of individual lot street frontage which equals the required street frontage width. 3. The minimum street frontage width for non-flag lot parcels which face a public street shall be fifty (50) feet as prescribed in Section 17.16.090. 4. The street frontage access width may be increased beyond those requirements contained within this subsection, based on the recommendation of the City Engineer or Fire Department. H. Driveway. The interior lot driveway requirements shall be the same dimensions and shall occur under the same circumstances as contained within the subsection G of this section. Application and Procedural Provisions Pertaining to Flag Lot Developments 1. The requirements contained within this subsection shall only apply in conjunction with the consideration of a division of land which contains a flag lot. 2. A site plan, drawn to scale, which accurately depicts all proposed structures and required setbacks and vehicle driveways, shall be submitted in conjunction with any application for a division of land which contains a flag lot. The site plan will become a permanent formal record of reference within the city's subdivision files after the approval or denial of such plan. The surrounding areas and land uses shall be shown for a distance of at least three hundred (300) feet. 3. The Planning Commission will review the merits of each flag lot proposal in relationship to the immediate property and the surrounding area. 4. Vehicle access easements for reciprocal use or otherwise shall be shown on the tentative maps, together with a statement identifying which lots are subservient and which lots are to benefit from such easements. 5. Should the Planning Commission choose to approve a subdivision of land, reasonable conditions related to on- and off-site improvements may be required. Such conditions may include, but not be limited to, the following: a. Where three or more lots are created by a subdivision, all utilities shall be placed underground; b. Correct all building code violations that exist on the remaining structures; c. Correct all zoning violations; d. Parcel maps splits are required to install street improvements; e. Residential driveway pavement requirements for two lot divisions are two inches of AC over three-inch base material crushed aggregate; all other divisions are four inches of AC over four-inch base material crushed aggregate, or six inches of concrete. f. New fencing and/or walls may be required along existing and proposed property lines. g, Where vehicle access easements are to be used, a covenant shall be prepared by the applicant for review and approval of the City Attorney. The covenant shall assure that private common driveways shall be continually maintained and that cost associated with such maintenance shall be equally shared by all future property owners, whose properties benefit within the division, and shall include the following provisions: i. They shall have the right to cause such repair to be accomplished, and to place liens on the involved properties, if in the estimation of the City Engineer, the subject common driveway has reached a state of disrepair which renders it a hazard, unsightly, or a public nuisance; and that the property owners involved have failed to act within a responsible period, thirty (30) days, after notification. ii. No parking shall be allowed within the private common driveway obtained by easement and signs restricting same shall be posted at conspicuous locations. The ability to cite violations of such parking restrictions shall be granted to the city. J. Public Hearing. A public hearing is required to be conducted on all divisions of land. This requirement applies to the creation of flag lots. The public will be notified in the manner prescribed by state and local regulations. K. Necessary Findings for Approval. The Planning Commission may approve the platting of flag lots where all of the following conditions are found to exist: 1. That the design is justified by topographic conditions or the size and shape of the property prohibits conventional lot division practices, 2. That proposed flag lot division is not so at variance with the existing neighborhood pattern or development as to create detrimental visual or privacy impacts. 0 0 L. Effective Date of Order Granting or Denying the Platting of Flag Lots--Time for Appeal. The resolution of the Planning Commission granting or denying the platting of flag lots shall become effective and final on the fourteenth day following its adoption unless within such period of time, an appeal in writing is filed with the City Clerk by the applicant or any other interested person. Any such appeal shall be accepted by the City Council. The timely filing of an appeal shall stay the effective date of the Planning Commission's resolution pending action by the City Council. M. Attached to the ordinance codified in this title, and incorporated herein by this reference, is that certain document entitled "Appendix A--Rosemead Municipal Code-- Flag Lot Development," which contains drawings that depict typical flag lot measurements and layouts. (Prior code § 9104.21) 17 16 150 Distance Between Buildings on Same Lot There shall be a minimum distance of six feet between all buildings or above-ground structures on the same lot of parcel of land. 17.16.160 Accessory buildings. The following regulations shall apply to the location of accessory buildings unless otherwise provided in this title- A No detached accessory building shall exceed seven hundred fifty (750) square feet. B No detached accessory buildings in the R-1 zone may exceed two stories, or twenty-six (26) feet in height whichever is less. C No detached accessory buildings in the R-1 R-2 R-3 R-4 or A-1 zones shall be located at a distance less than sixty (60) percent of the depth of the lot from the front property line or ninety (90) feet. whichever is less. D On a corner lot no detached accessory buildings in the R-1 R-2 R-3, R-4 or A-1 zones shall be located at a distance less than twenty (20) feet from the side street line. E No accessory buildings in the R-1 zone shall be located nearer than three feet to any interior property line. F No accessory buildings on the rear twenty-five (25) feet of a reversed corner lot in the R-1 R-2 R-3 R-4 or A-1 zones shall be located nearer to the side lot line on the street side of such reversed corner lot than the front yard depth required on the key lot in the rear. not less than five feet in length or if not more than four feet from the main building 0 0 and connected thereto by a roof of not less than five feet in width. The front of such garage shall not be nearer than twenty-five (25) feet from the street providing access thereto. H One detached accessory building for use as a private garage may be permitted to occupy the required front yard of an interior lot in the R-1 R-2. R-3. R-4 or A-1 zones when the slope of the front half of such lot is greater than one-foot rise or fall in a horizontal distance of four feet from the established street elevation at the front property line provided however, that no portion of any such building shall be less than five feet from the side or front line of the lot and further provided that no such building shall exceed ten feet in height (Amended during 1999 codification; prior code 9121.13) 17.16.170 Yard encroachments. Where yards are required in this title they shall be not less in depth or width of any part than the minimum dimension specified and they shall be at every point open and unobstructed from the ground upward except for trees and shrubs and as follows- A. Cornices canopies eaves patios forced air units fireplaces or other similar architectural features and heating ventilation and air conditioning equipment, not providing additional floor space within the building may extend into a required front, side or rear yard or distance between buildings not to exceed two feet. or rear yard not more than six feet. C Detached accessory buildings may occupy side and rear yards as provided in Section 17.12.150. D Garages, carports and patios may occupy not more than fifty (50) percent of a required rear yard. Swimming pools and fallout shelters may occupy rear yards, but not required front or side yards except that no swimming pool or fallout shelter may be located less than five feet from a property line. (Amended during 1999 codification, prior code 9121.16) 17.16.180 Fences, walls and hedges. Fences walls hedges trees shrubs flowers walks driveways and similar landscaping may occupy front side and rear yards except as follows- A. In the R-1 and R-2 zones no fence wall or hedge located in the rear or side yards shall exceed a height of six feet. B In the R-1 and R-2 zones no fence wall or hedge located in the required front yard shall exceed a height of thirty-six (36) inches. between the street and the established setback line on the key lot, to the rear, shall exceed a height of three feet. D. In the R-1 R-2 R-3 R-4 and A-1 zones no barbed wire shall be used or maintained in or about the construction of a fence wall or hedge along the front, side or rear lines of any lot or within three feet of said lines and no sharp wire or points shall project at the top of any fence or wall less than six feet in height. E The provisions of this section shall not apply to a fence or wall as required by any law or regulation of the state of California or any agency thereof. F All property that is vacant under construction or being demolished shall be totally enclosed around the perimeter by a fence The fence shall be a minimum of six feet in height as measured from adjacent property, and adequately constructed from chain link lumber, masonry or other approved materials The fence shall be installed prior to the initiation of any construction or demolition and shall be continuously maintained in good condition The required fence shall be entirely self-supporting and shall not encroach or utilize structures or fencing on any adjacent property without prior written approval of the adjacent property owner. Signs shall be posted on all property that meets the requirements of this subsection stating the following: "PRIVATE PROPERTY NO TRESPASSING." The location type and installation of the fencing and signs shall be subject to the approval of the Director of Planning or other designated officials For the purposes of this subsection "vacant property" means property which has no structures or buildings or property that has buildings or structures which are unoccupied "Under construction" and "demolish" shall be defined pursuant to the Los Angeles County Building Code as adopted by the city. "Unoccupied" means any building or structure which is not secured locked or closed or is not constantly being used for its intended purpose or is accessible to Iuveniles, transients or loitering or is by virtue of its unattended status a potential health, fire or safety hazard. (Prior code 9121.17) 17.16.200 Storage in yards. 17 16 210 Uses subject to Planning Director review and approval. as used in this subsection means the presence for a period of torty-eignt (4b) or more consecutive hours in the front or side yard (Prior code § 9121.18) The Planning Director may grant a modification from a setback or fence requirement of up to twenty (20) percent in a residential zone when this modification is so minor and purpose of the zoning ordinance adjacent properties and the public welfare will not be adversely affected. (Prior code § 9121.23) 17 16.220 R-1 Residential Development Design Standards A At least 50% of the street-facing wall of the second floor shall be set back a minimum of 10-feet from the street-facing wall of the first floor. B. Reflective building materials are prohibited. C Exterior Paint Colors shall not exceed a Light Reflective Value greater than 40% D Mechanical elements (roof-top and ground-level) must be screened from view. E Residential front yard walls and fences may not exceed 36 inches (including fencing, hedges, or other material). F Chain link fencing shall not be permitted in residential front yards. G Spike-tipped fencing shall not be permitted on any residential lot. H Portable shade structures shall not be located in any residential side or front yard. I All garages shall match the main house in terms of color scheme roofing material and roof pitch and gable orientation and design. J Hedges shall not encroach onto a curb or sidewalk or over a lot line. K Vehicles may not be parked on any lot except in the garage or on the driveway or parking apron. L The street address shall be clearly visible for all homes. M Mirror-like window treatments shall be prohibited. 17.16.230 Building Plan Review Requirements A Demolition permits allowing the removal of an existing home in order to construct a new home on the same lot shall not be issued until building plans for the replacement structure have been reviewed and approved by the City of Rosemead Planning Dept. 17.16.240 Site Plan Review Requirements 0 • A A Site Plan review shall be required for remodels that do not utilize materials, colors and designs that match the existing structure. B A Site Plan review shall be required where design plans do not include sidewall articulation on exterior walls that are not separated from an adjacent home bV more than 25 feet. C A Site Plan review shall be required where design plans incorporate construction materials colors and/or decorative elements that terminate at outside corners. D A Site Plan review shall be required to install hardscape directly adjacent to a new or remodeled residential driveway. E A Site Plan review shall be required to install new fencing or replacement fencing in any residential front yard. F A Site Plan review shall be required to install a portable shade structure in a residential rear yard. G A Site Plan review shall be required for any detached accessory building greater than 200 square feet whether in one building or multiple buildings including storage structures and workshops but not including required garages. H A Site Plan review shall be required to install separate secondary residential units, provided the proposal is fully compliant with the requirements set forth in Ordinance 826. I A Site Plan review shall be required for bay windows that exceed the height of 1 story. J A Site Plan review shall be required for shutters that are larger or smaller than one-half the width of the window opening. K A Site Plan review shall be required where the pitch of an entry roof does not match the pitch of the main structure. L A Site Plan review shall be required for any entry treatment that exceeds a maximum total height of 10 feet for single story homes and 12 feet for two story homes. M A Site Plan review shall be required for window treatments that do not contain muntins in proportion that is appropriate to the scale of the home and other homes in the neighborhood and for muntins that are not true divided lights or that use simulated dimensional representations and for internal muntins. N A Site Plan review shall be required for any front porch column design that in the opinion of Planning Department staff is not proportional in size and architecturally compatible with the house. 17.16.260 R-1 Residential Design Incentives • • When incorporated into new R-1 residential homes or remodels the following design elements will result in the approval of additional development area and/or favorable staff recommendation. A. Additional Development Area Incentives 1 A second story top plate that does not exceed 20'-0" in height 2 A second floor fully contained within a pitched roof. 3 Both side yard setbacks that exceed the zoning minimurn by more than 5 feet. 4 A second floor setback that exceeds the zoning minimum by more than 10 feet on 75% of the frontage. 5 A landscape plan that incorporates three or more mature trees (24" box or larger) 6 Placement of the garage at the rear of the residential structure or a tandem garage design. 7 A new single-story home (instead of two-story). 8 Minimum 18-inch eave overhangs with exposed decorative wood eave and rafter tails 9 Usage windows that are recessed a minimum of four inches on the front elevation. B. Favorable Staff Recommendation Incentives architectural style and design and/or a positive aesthetic impact on the neighborhood as a whole. 2 Usage of landscape materials to create separate between public and private space. 5 Front yard fence less than 36 inches. 6 Usage of a wide variety of drought-tolerant plant materials as well as automatic irrigation with moisture sensors. 7 Usage of interlocking pavers decomposed granite or other decorative landscape materials for walkways and driveways. 8 Usage of windows that are recessed a minimum of four inches on the front elevation. 9 Usage of true divided light windows doors and side lights. 10 Usage of single-hung or double-hung windows. 17.16.270 ADDITIONAL REQUIREMENTS A The City shall require CEQA documentation including an historical assessment, for any application to demolish an existing home that may qualify as having historical value under local state and/or federal guidelines. CHAPTER 17.20 LIGHT MULTIPLE RESIDENTIAL R-2 REGULATIONS 17.20.010 Applicability. The following regulations shall apply in the R-2 light multiple residential zone unless otherwise provided in this title. (Prior code § 9105) 17.20.020 Permitted uses. A. Any use and development standard permitted in the R-1 zone including flag lot developments, B. A two-family dwelling or two one-family dwellings; C. Accessory buildings as provided in the R-1 zone. (Prior code § 9105.1) 17.20.030 Uses permitted with a conditional use permit. Chapter 17.112 lists uses that are permitted in various zones pursuant to securing a conditional use permit in accordance with the standards and procedures set out in this title. (Ord. 761 § 4, 1995: prior code § 9105.1.1) The following additional conditional use permit requirements shall apply. A A CUP shall be required for any lighted outdoor sporting field or court (tennis, basketball, etc.). 13, A CUP shall be required for the addition of any fill that would raise building pad or front yard elevation by more than 24" above natural grade. 17.20.040 Building height maximum. 17.20.040 Building height maximum. A. New homes and remodels shall not have more than two floors. B The maximum height for a one-story unit shall be 18 feet the maximum height for a two-story unit shall be 30 feet. C Any second floor wall that exceeds a length of 25 feet shall be required to add one element of articulation or offset for each additional 8 feet of length. The minimum offset shall be 5 feet for each 8-foot length over 25 feet. Eligible articulation features may include but are not necessarily limited to: ■ Dormer windows ■ Architectural shutters ■ Projecting balconies ■ Bay windows ■ Decks 17.20.050 Front yard minimum. Twenty (20) feet, except that no garage portion of a main building shall be nearer than twenty-five (25) feet from the front property line of said lot if the opening for the automobile access to such garage portion faces the street. (Prior code § 9105.3) 17.20.060 Side yard minimum. A The first floor side yard setback shall be 10% of lot width or 5 feet, whichever is greater. 17.20.070 Rear yard minimum. Twenty (20) feet or twenty (20) percent of the depth of the lot, whichever is less. Whenever a dwelling has more than four bedrooms and over two thousand (2,000) square feet of living area, a rear yard minimum of thirty-five (35) feet shall be required, and the yard shall be maintained as a recreational area and/or landscaped. (Prior code § 9105.5) 17.20.080 Lot area minimum. Six thousand (6,000) square feet with not less than four thousand five hundred (4,500) square feet of lot area per dwelling unit. (Prior code § 9105.6) 17.20.090 Lot width minimum. Fifty (50) feet at the front property line. (Prior code § 9105.7) 17.20.100 Lot location. Any lot shall have frontage upon a public street. (Prior code § 9105.8) 17.20.110 Distance between buildings. A. Th ere shall be a minimum distance of twenty (20) feet between buildings used for dwelling purposes on the same lot. (Prior code § 9105.9) 17.20.120 Floor area minimum and maximum. A. Residential buildings shall have a minimum ground floor area, exclusive of open porches or garages, of seven hundred fifty (750) square feet per dwelling unit. (Prior code § 9105.10) B. The area of the second floor shall not exceed two-thirds the floor area ratio of the first floor. 17.20.130 Parking requirements. 0 0 A. There shall be provided on the same parcel of land not less than two parking spaces for each dwelling unit, except that for dwellings which contain over four bedrooms and over two thousand (2,000) square feet of living area, no less than three parking spaces shall be provided, Each parking space shall be not less than ten feet wide, seven feet high, and twenty (20) feet long and shall be in a garage. (Prior code § 9105.11) B. Vehicles may not be parked on any lot except in the garage or on the driveway or parking apron. 17.20.140 Lot coverage. Standards regulating the extent a lot may be improved have been established in order to prevent excessive development and to maintain landscaped areas where water may be absorbed. The following standards apply to the R-2 zone: A. Floor-Area Ratio (FAR). Residential development shall not have a floor-area ratio that exceeds feFty five r45) PeFGeR$ thirty-five (35) percent, to be calculated pursuant to Section 17.04.020. ` An Additional five (5) percent may be obtained through use of the design incentive program outlined in 16.20.260, to be calculated pursuant to Section 17.04.020. In addition, any residential dwelling that exceeds twe then aRd five hunrlr~ (2,500) three thousand (3,000) square feet of living area shall require a conditional use permit pursuant to Section 17.112.030. B. Impervious Surfaces/Landscaping. Pedestrian walkways, vehicular access ways and other impervious surfaces shall not collectively occupy more than fifty (50) percent of front and side yard areas that are visible from a public right-of-way. Addition of impervious surfaces in these areas shall require a site plan subject to the approval of the Director of Planning. All other portions of these areas shall be landscaped with lawn, trees, shrubs and other plant materials in compliance with any drought tolerance requirements in effect. Landscaped areas shall be permanently maintained in a neat and orderly manner. 1. Front Driveway. Vehicle access ways (driveways) serving front facing garages shall be set back at least three feet from any side property line. The maximum width of the access way shall not exceed twenty-five (25) feet for a two-car garage or thirty- five (35) feet for a three-car garage. 2. Walkways. Pedestrian walkways on private property shall not exceed five feet in width when located in front or side yard areas. (Ord. 754 § 3, 1995: prior code § 9105.12) C A home that exceeds the size of the largest adjoining home by more than 20% shall be required to add subject to a Site Plan Review approval, at least one of the following features: ■ Roofline with height and plane changes 0 • ■ Reduced eave heighht D W hen two or more lots are merged the allowed Lot Coverage and FAR shall be no larger than 150% of the allowance that would occur for the largest single lot. 17 20.150 Distance Between Buildings on Same Lot. There shall be a minimum distance of six feet between all buildings or above-ground structures on the same lot of parcel of land. 17.20.160 Accessory buildings. The following regulations shall apply to the location of accessory buildings unless otherwise provided in this title. A No detached accessory building shall exceed seven hundred fifty (750) square feet. B No detached accessory buildings in the R-2 zone may exceed two stories, or twenty-six (26) feet in height whichever is less. C No detached accessory buildings in the R-1 R-2 R-3 R-4 or A-1 zones shall be located at a distance less than sixty (60) percent of the depth of the lot from the front property line or ninety (90) feet whichever is less. D On a corner lot no detached accessory buildings in the R-1 R-2, R-3, R-4 or A-1 zones shall be located at a distance less than twenty (20) feet from the side street line. E No accessory buildings in the R-1 zone shall be located nearer than three feet to any interior property line. F No accessory buildings on the rear twenty-five (25) feet of a reversed corner lot in in the rear. G A private garage of not to exceed seven hundred fifty (750) square feet may be a part of the main building if the garage and the main building have a common wall of not less than five feet in length or if not more than four feet from the main building and connected thereto by a roof of not less than five feet in width. Such attached street providing access thereto. when the slope of the front half of such lot is greater than one-foot rise or fall in a 0 0 horizontal distance of four feet from the established street elevation at the front property line provided however, that no portion of any such building shall be less than five feet from the side or front line of the lot and further provided that no such building shall exceed ten feet in height. (Amended during 1999 codification: prior code 9121.13) 17.20.170 Yard encroachments. Where yards are required in this title they shall be not less in depth or width of any A Cornices canopies eaves patios forced air units fireplaces or other similar architectural features and heating ventilation and air conditioning equipment, not providing additional floor space within the building may extend into a required front, side or rear yard or distance between buildings not to exceed two feet. B Open unenclosed uncovered porches platforms or landing places which do not extend above the level of the first floor of the building may extend into any front, side or rear yard not more than six feet. C Detached accessory buildings may occupy side and rear yards as provided in Section 17.12.150. D Garages carports and patios may occupy not more than fifty (50) percent of a required rear yard Swimming pools and fallout shelters may occupy rear yards but not required front or side yards except that no swimming pool or fallout shelter may be located less than five feet from a property line. (Amended during 1999 codification; prior code § 9121.16) 17.20.180 Fences, walls and hedges. Fences walls hedges trees shrubs flowers walks driveways and similar landscaping may occupy front side and rear yards except as follows: A In the R-1 and R-2 zones no fence wall or hedge located in the rear or side yards shall exceed a height of six feet. B In the R-1 and R-2 zones no fence wall or hedge located in the required front yard shall exceed a height of thirty-six (36) inches. C In the R-1 R-2 R-3 R-4 and A-1 zones no fence wall or hedge located within five feet of the street side or within ten feet of the rear line of a reversed corner lot between the street and the established setback line on the key lot to the rear, shall exceed a height of four feet. 0 0 D. In the R-1 R-2 R-3 R-4 and A-1 zones no barbed wire shall be used or maintained in or about the construction of a fence wall or hedge along the front, side or rear lines of any lot or within three feet of said lines and no sharp wire or points shall proiect at the top of any fence or wall less than six feet in height. E The provisions of this section shall not apply to a fence or wall as required by any law or requlation of the state of California or any agency thereof. and signs shall be subject to the approval of the Director of Planning or other designated officials For the purposes of this subsection "vacant property" means property which has no structures or buildings or property that has buildings or structures which are unoccupied "Under construction" and "demolish" shall be defined pursuant to the Los Angeles County Building Code as adopted by the city. "Unoccupied" means any building or structure which is not secured, locked or closed, or is not constantly being used for its intended purpose or is accessible to juveniles transients or loitering or is by virtue of its unattended status a potential health, fire or safety hazard. (Prior code $ 9121.17) 17.20.200 Storage in yards. 17 20 210 Uses subiect to Planning Director review and approval. The Planning Director may grant a modification from a setback or fence requirement of up to twenty (20) percent in a residential zone when this modification is so minor and purpose of the zoning ordinance adjacent properties and the public welfare will not be adversely affected. (Prior code § 9121.23) the initiation of any construction or demolition and shall be continuously maintained in good condition The required fence shall be entirely self-supporting and shall not as used in this subsection means the presence for a period of torty-eight (48) or more consecutive hours in the front or side yard, (Prior code 9121.18) 0 0 17 20 220 R-2 Residential Development Design Standards B. Reflective building materials are prohibited. C Exterior Paint Colors shall not exceed a Light Reflective Value greater than 40% D Mechanical elements (roof-top and ground-level) must be screened from view. E Residential front yard walls and fences may not exceed 36 inches (including fencing, hedges, or other material). F Chain link fencing shall not be permitted in residential front yards. G Spike-tipped fencing shall not be permitted on any residential lot. H Portable shade structures shall not be located in any residential side or front yard. I All garages shall match the main house in terms of color scheme, roofing material and roof pitch and gable orientation and design. J Hedges shall not encroach onto a curb or sidewalk or over a lot line. K The street address shall be clearly visible for all homes. L Mirror-like window treatments shall be prohibited. 17.20.230 Building Plan Review Requirements A Demolition permits allowing the removal of an existing home in order to construct a Planning Dept. 17.20.240 Site Plan Review Requirements A A Site Plan review shall be required for remodels that do not utilize materials, colors and designs that match the existing structure. B A Site Plan review shall be required where design plans do not include sidewall articulation on exterior walls that are not separated from an adjacent home by more than 25 feet. C A Site Plan review shall be required where design plans incorporate construction materials colors and/or decorative elements that terminate at outside corners. • • D A Site Plan review shall be required to install hardscape directly adjacent to a new or remodeled residential driveway. E A Site Plan review shall be required to install new fencing or replacement fencing in any residential front yard. F A Site Plan review shall be required to install a portable shade structure in a residential rear yard. structures and workshops but not including required garages. 826. I A Site Plan review shall be required for bay windows that exceed the height of 1 story. J A Site Plan review shall be required for shutters that are larger or smaller than one- half the width of the window opening. K A Site Plan review shall be required where the pitch of an entry roof does not match the pitch of the main structure. L A Site Plan review shall be required for any entry treatment that exceeds a maximum total height of 10 feet for single story homes and 12 feet for two story homes. M A Site Plan review shall be required for window treatments that do not contain muntins in proportion that is appropriate to the scale of the home and other homes in the neighborhood and for muntins that are not true divided lights, or that use simulated dimensional representations and for internal muntins. N A Site Plan review shall be required for any front porch column design that in the opinion of Planning Department staff is not proportional in size and architecturally c, ;n,;patible with the house. 17.20.250 Landscape Requirements A Landscaping shall not be permitted to limit or restrict the line of sight on any public roadway. B A minimum of 1 tree shall be planted in new or remodeled residential front yards for every 50-feet of street frontage. 17 20 260 R-2 Residential Design Incentives When incorporated into new R-2 residential homes or remodels the following design elements will result in the approval of additional development area and/or favorable staff recommendation. A Additional Development Area Incentives 1 A second story top plate that does not exceed 20'-0" in height 2 A second floor fully contained within a pitched roof. 4 A second floor setbacK that exceeas ine zoning rrnriirriui I I uv I I IUI c U iai i IV iccL vi I I iv of the frontage. 5 A landscape plan that incorporates three or more mature trees (24" box or larger) 6 Placement of the garage at the rear of the residential structure or a tandem garage design. 7 A new single-story home (instead of two-story). 8 Minimum 18 inch eave overhangs with exposed decorative wood eave and rafter tails 9 Usage windows that are recessed a minimum of four inches on the front elevation. design and/or a positive aesthetic impact on the neighborhood as a wnoie. 2 Usage of landscape materials to create separate between public and private space. 3. No front yard fencing. 4 Usage of natural materials such as wood or stone. 5 Front yard fence less than 36 inches. 6 Usage of a wide variety of drought-tolerant plant materials as well as automatic irrigation with moisture sensors. 7 Usage of interlocking pavers decomposed granite or other decorative landscape materials for walkways and driveways. 8 Usage of windows that are recessed a minimum of four inches on the front elevation. 17.20.270 ADDITIONAL REQUIREMENTS A The City shall require CEQA documentation including an historical assessment for any application to demolish an existing home that may qualify as having historical value under local, state and/or federal guidelines. Chapter 17.112.030 USES PERMITTED IN SPECIFIC ZONES 17.112.030.26 Conditional Use Permits 0 9 Any residential dwelling in the R-1 and R-2 zones that exceeds three4we thousand 4ve hupdred--8,509) (3,000) square feet of developed living area subject to the following conditions: A. such vicinity and zone in which the property is located. community. 17.112.030.29 A A CUP shall be required for any lighted outdoor sporting field or court (tennis, basketball, etc. . 17.112.030.30 B A CUP shall be required for the addition of any fill that would raise building pad or front yard elevation by more than 24" above natural grade. Section 5. The City Council HEREBY APPROVES Ordinance No. 851 and the City of Rosemead Single Family Residential Design Guidelines. Section 6. If any section, subsection, sentence, clause or word of this ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rosemead HEREBY DECLARES that it would have passed and adopted this Ordinance, and each and all provisions thereof, irrespective of the fact that any one or more of said provisions may be declared to be invalid. Section 7. EFFECTIVE DATE. This ordinance shall take effect thirty (30) days after its adoption. Section 8. ADOPTION. 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 15 days after adoption of the ordcinance, 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 days after the date of its adoption. Section 9. The City Clerk shall certify to the adoption of this Ordinance. PASSED, APPROVED, and ADOPTED this _ day of , 2005. 0 0 , Mayor ATTEST: NINA CASTRUITA, City Clerk • a Ea q 04 W H H z W Z H A A W H W CA O c!i P W A H • aj LLI a > .o PT4 s H O z w z W E-4 a H H- En z V H W M q • EXHIBIT B O c C-C a) .0 O m m M m c c O c c aj O r-. r O _O C C 0 C Cn 4) E N d C M C N N 'F -0 -Cu CL 0 O Cn 0 m 4. a) rn CL U)_ a gcoo EC: EC: m>m c Wa)0M N O m L N r-. 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E .0 E .0 E 2 O N U . Q ~ s Q C 7 7 7 d ~ N o ~ 7 ° C ° Q C? ~ C C C 4) 0 0 ` ° d~ U U L U O N O N O N y 0 O ~ E C y L -a C C` 'd C O W m - ~ w L° ° Y m ~ c E ° 3 Q o ~ o ~ o M • . . 0 E m-0 , ° u~ 3 0 E c C ° ~ -0 p ~ O O y ui c N o . d M' = rn a) ' Z O -o 3 N ~ X N N O N U) O U c W W O tp ° ? Z ep L L U c L Z 'D N N r ° > W W C~ ° U U C N a ld f6 ~ O f0 C N .T. S? m Z U n ~ p L ~ ~ 0) m 0) E CD Q n . m ~ a, c L v t d > Y W o 1? 0 ° Z J ~ ~ T ~ p ) Q N ~ 3 .Lr V) U f9 C ~ (9 .C a ~ 0 ~ c .N ° aci E 3 w w 0 0 0 N ~ ~ m o - w 0 0 Z 0 QU- 0 0 o o d ° -o E ~ E m m o cm w co E o ° c o ° N d L N ~ C m U C U U N m . fA ~ . o ~ . Uf ~v . N ca . C m . m . f6 n . E . N ~ . to Ul ~ ~ . . V1 ~ . t /1 ~ . O f /1 Z :DQ . . . f/1 > . fn . a w Q U) v i}w w o 03 v y W Q 130 z ~ W W U Z W N Z W V D p U) Z } W W • • PROPOSED CITY OF ROSEMEAD MUNICIPAL CODE AMENDMENT INITIAL STUDY & NEGATIVE DECLARATION LEAD AGENCY: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Contact: Brad Johnson, Planning Director Telephone: 626.569.2100 e-mail: bwjohnson@cityofrosemead.org ND PREPARED BY: Bauer Planning & Environmental Services, Inc. 220 Commerce, Suite 230 Irvine, California 92602 Contact: Ms. Sandra Bauer Telephone: 714.508.2522 E-mail: sandra@)bpesinc.com DRAFT ND REISSUED ON: 12 February 2007 COMMENTS DUE BY: 7 March 2007 EXHIBIT C • • INITIAL STUDY & NEGATIVE DECLARATION PROPOSED AMENDMENT TO THE CITY OF ROSEMEAD MUNICIPAL CODE REGULATIONS GOVERNING SINGLE FAMILY HOUSING 4.5- LEAD AGENCY: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Contact: Brad Johnson, Planning Director Tel: 626.569.2100 • bwjohnson-@cityofrosemead.org DATE DRAFT ND REISSUED: 12 February 2007 COMMENTS DUE BY: 7 March 2007 1. INTRODUCTION PURPOSE AND SCHEDULE The City of Rosemead, (the "City"), as Lead Agency for the project, has prepared an Initial Study and Environmental Checklist (IS) to evaluate environmental impacts that may be associated with a proposed amendment to Municipal Code regulations for R-1 and R-2 Single Family Housing, as well as applicable general regulations. The proposed Municipal Code revisions are intended to reflect current planning goals, particularly with respect to the issue of large-home development ("mansionization'~. If adopted, the changes would impact a wide spectrum of standards and incentives for single family housing ranging from allowed floor area ratios to landscaping to architectural styles and roof treatments. Based on findings of the Initial Study, the City has made a preliminary determination that no significant adverse impacts would result, and has recommended that a Negative Declaration (ND). The City invites your review and comment concerning the environmental information provided herein, including (1) the project description, (2) the discussion of potential project impacts, (3) recommended mitigation measures, and (4) the proposed approval of a ND. The City also seeks to know of applicable permit and environmental review requirements of your agency (if any) for the proposed project. II. REISSUED NEGATIVE DECLARATION COMMENT PROCEDURES, SCHEDULE The City has reissued this ND to incorporate the following additional proposal: Under current code, a Conditional Use Permit (CUP) is required for any proposed residential unit larger than 2,500 square feet (sf); the proposed code amendment would require a CUP for any proposed residential unit larger than 3,000. CEQA §15073(a) requires a 20-day public review period for a Negative Declaration. Thus, the public comment period remains unchanged: comments on this ND must be sent at the earliest possible date and no later than 7 March 2007 (23 days from receipt of this notice). Please send your comments by mail, fax or e-mail to the addresses shown on the following page, and feel free to call if you have questions. We will need the name, address and telephone number of a contact person. The City's schedule calls for the Planning Commission to consider the proposed Municipal Code Amendment and this Negative Declaration at its regularly scheduled meeting on Monday, 19 March 2007 at 7.00 pm. The Planning Commission will formulate recommendations for consideration by the City Council, which is expected to consider the Municipal Code Amendment and Negative Declaration at its regularly scheduled meeting on 10 April 2007 at 8:00 pm. The Planning Commission and City Council meetings will be held in the City Council chambers at 8838 East Valley Boulevard in the City of Rosemead, California. Provided below is a summary overview of the review period, the date on which the City Council is expected to consider ND approval, and the address to which comments should be sent: City of Rosemead Municipal Code Amendment Negative Declaration 2 Send Comments BY: Send Comments TO: Planning Commission considers Project and Final ND ON: City Council tentatively considers Project and Final ND ON: III. INITIAL STUDY CONTENTS 7 March 2007 is City of Rosemead c/o Sandra Bauer Bauer Planning & Environmental Services, Inc. 220 Commerce, Suite 230 Irvine, CA 92602 ♦ sandra bpesinc.com Tel: 714.508.2522; Fax: 714.508.2113 Monday, 19 March 2007 Tuesday, 10 April 2007 This Initial Study contains ten sections addressing the proposed project and the environmental review process and conclusions. The sections (with page numbers) include: I. Introduction (p. 2) Exhibit 1: Regional Location Exhibit 2: Municipal Boundaries & Zoning H. Comment Procedures & Schedule (p. 2) III. Initial Study Contents (p. 3) IV. Project Location (p. 3) V. Project Background (p. 4) VI. Project Goals and Objectives (p. 4) VII. Project Description (p. 4) Table 1: Summary of Proposed Changes VIII. Project Phasing (p. 4) IX. Approvals & Discretionary Actions (p. 5) X. Related Actions (p. 5) XI. ND Distribution List (p. 5) XII. Environmental Checklist (p. 6) XIII. Checklist Responses (p. 12) Table 2: Planning Areas/Policies XIV. Reference Materials (p. 21) XV. ND Contributors (p. 22) XVI. Glossary of Terms (p. 23) Attachment A: Existing & Proposed Text Attachment B: Design Guidelines IV. PROJECT LOCATION City of Rosemead Location and Overview: The City of Rosemead is located in the San Gabriel Valley of central Los Angeles County. Surrounding cities include San Gabriel and Monterey Park to the west, Temple City to the north, El Monte and South El Monte to the east, and Montebello and the unincorporated County area of South San Gabriel to the south. The City incorporated in 1959, and had grown to 55,252 as of 2003.1 In whole, the City encompasses 5.5 square miles of land area, most of which is devoted to residential land uses. Residential development represents 64% of total land area in the City. Public facilities occupy 14% of total area, commercial development 9%, mixed commercial/residential uses another 7%, and office/light industrial uses 6%. The proposed municipal code amendment is directed exclusively to single family residential land uses, including regulations for R-1 development which includes densities ranging from 0 to 7 units per acre (Municipal Code Chapter 17.16), and R-2 development, which including densities ranging from 7 to 9 units per acre (Municipal Code Chapter 17.20). Additionally, the proposed amendment includes modifications to those portions of the General Requirements (Municipal Code Chapter 17.12) that govern development in the R-1 and R-2 zones, and to Chapter 17.112.030.26, which governs the requirements for Conditional Use Permits. Attachment A presents the existing and proposed text for Chapters 17.12, 17.16, 17.20 and 17.112. Exhibit 1 presents a regional location map for the project area, and Exhibit 2 shows the municipal boundaries of the City of Rosemead. 1 Census Bureau State and County Quickfacts website: http://-quickfacts.census.qovicifdlstates/06/0662896.html. City of Rosemead Municipal Code Amendment Negative Declaration 0 0 PROPOSED CITY OF ROSEMEAD MUNICIPAL CODE AMENDMENT INITIAL STUDY & NEGATIVE DECLARATION LEAD AGENCY: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Contact: Brad Johnson, Planning Director Telephone: 626.569.2100 e-mail: bwjohnson@)cityofrosemead.org ND PREPARED BY: Bauer Planning & Environmental Services, Inc. 220 Commerce, Suite 230 Irvine, California 92602 Contact: Ms. Sandra Bauer Telephone: 714.508.2522 E-mail: sandra(o)bpesinc.com DRAFT ND REISSUED ON: 12 February 2007 COMMENTS DUE BY: 7 March 2007 • V. PROJECT BACKGROUND Over the past several years, the City Planning Department has received numerous applications to replace or remodel existing single family homes with homes much larger than the original structure, and much larger than the surrounding single family homes. The increasing size of single family homes, known as 11 mansionization," has become evident in communities across the nation. As a whole, the trend has raised a number of planning issues that the current proposal is intended to resolve: managing development intensity, establishing architectural design guidelines, and setting specific standards for setbacks, parking, landscaping and related development characteristics with the goal of optimizing neighborhood compatibility and overall community cohesion. The trend toward larger housing has evolved gradually, over a period of decades. Following World War II, homes in the United States averaged approximately 300 square feet per resident. This figure had tripled by 2003, when the average U.S. home provided roughly 900 square feet per resident. Studies indicate that the shift to larger homes is related to several factors that include increased use of homes for work, changing attitudes about personal space requirements, increasing urbanization, and a renaissance of inner cities. Residents are moving back into the City, but seeking the amenities and larger housing that is more typical of the suburbs. VI. PROJECT GOALS AND OBJECTIVES The City has proposed the Municipal Code amendment to achieve the following goals and objectives: ■ Promote the orderly transition of neighborhoods as they change in response to residents' needs ■ Provide tools to enhance the visual and aesthetic character of Rosemead's neighborhoods, • Encourage excellence in architectural design through standards and regulations for style, massing, materials and colors ■ Provide for design flexibility that is sensitive to the City's neighborhoods and environmental features VII. PROJECT DESCRIPTION The proposal is to amend the City of Rosemead Municipal Code to provide new and revised regulations for single family residential development in the City's R-1 and R-2 zones. The proposed guidelines are particularly intended to assure design excellence and neighborhood compatibility for large-home development, including new homes and remodels to existing homes. To achieve the intended purposes, the proposed new regulations address a range of single family development features including height, floor area, setbacks, articulation (of walls, windows, decks, balconies and shutters), treatment of roofs and eaves and mechanical elements, allowed building materials and colors, Site Plan review requirements, landscaping and yard treatments, walls and fences, accessory structures, and standards for entries and doors and windows. The proposed new regulations also incorporate design incentives that allow additional floor area in exchange for certain highly- encouraged design elements. In addition to the specific amendments described above, this amendment is intended to streamline and consolidate all chapters and sections of the Municipal Code pertaining to single family development. To this end, the proposal includes relocating some sections from the General Regulations into the chapters addressing R-1 and R-2. Table 1, on the following pages, summarizes proposed modifications to Chapters 17.12 (General Regulations), 17.16 (R-1 Zoning Regulations), 16.20 (R-2 Zoning Regulations), and 17.112 (Conditional Use Permit requirements), as well as the proposed incentives program. Additionally, the City has prepared the Single Family Residential Design Guidelines Handbook with text and illustrations to assist residents in complying with the proposed new standards and regulations. The Design Guidelines are provided as Attachment B to this ND. VIII. PROJECT PHASING The City expects to submit the project and Final ND for Planning Commission review on Monday 19 March 2007 at 7:00 pm. The Planning Commission will formulate recommendations for consideration by the City Council, which is expected to consider the Negative Declaration at its regularly scheduled meeting on 10 City of Rosemead Municipal Code Amendment Negative Declaration • • April 2007 at 8:00 pm. If the City Council approves the ND, it will then consider approval of the proposed amendments to §17.12, 17.16, 17.20 and 17.112 of the Municipal Code. The proposed new ordinance would be adopted as a draft on the first reading, and returned to Council for a second reading at the following Council meeting on 24 April 2007. The changes would take effect 30 days later if adopted at the second reading. The new Municipal Code provisions would apply to all projects for which formal submittals are received after the date of the second reading. IX. PROJECT APPROVALS AND DISCRETIONARY ACTIONS Lead Agency: The City of Rosemead is Lead Agency for this project. In order to implement the proposed project, the City will be required to (1) assure that environmental documentation has been prepared in compliance with CEQA; (2) approve the Negative Declaration, (3) approve the proposed Municipal Code amendment, and (4) direct staff to file the Notice of Determination. Responsible & Trustee Agencies: No permits or approvals are required from other public agencies in order to approve or implement the proposed project. Table 2 summarizes discretionary actions associated with the proposed project. X. RELATED ACTIONS A number of southern California cities have adopted standards and regulations to address mansionization, and Rosemead has used a number of these agencies' guidelines in developing the current proposal. Guidelines consulted by the City for this review include: Temple City, Burbank, Rancho Palos Verdes, La Canada Flintridge, and Los Gatos. Apart from the reference materials noted above, there are no other related actions or CEQA documents under review within the City of Rosemead. XI. ND DISTRIBUTION Notices of the availability of this Negative Declaration have been posted at the City of Rosemead City Hall and provided for publication/posting in the San Gabriel Valley Tribune and at the offices of the Clerk of the County of Los Angeles. Copies of the Negative Declaration have been made available for public review at . the City of Rosemead City Hall ,(8838 East Valley Boulevard), and the Rosemead Public Library (8800 East Valley Boulevard, next to the City Hall). In addition, the Negative Declaration has been mailed directly to the following organizations and agencies: Vicky Kammeraad - Assn. Executive W. San Gabriel Valley Assn of Realtors, Inc. 221 E. Valley Blvd. P.O. Box 1820 San Gabriel, CA 91778 Lorraine Morrison Broker-Owner, Morrison Realty 425 S. San Gabriel Blvd., #200 San Gabriel, CA 91776 City of Temple City Attn: Joe Lambert 9701 Las Tunas Drive Temple City, CA 91780 City of San Gabriel Attn: Lucita Tong 425 S. Mission Drive San Gabriel, CA 91776 Attn: Ray Hamada 320 W. Newmark Ave Monterey Park, CA 91754 City of Montebello Attn: Tonya Pace & Ruben Lopez 1600 W. Beverly Blvd Montebello, CA 90640 City of El Monte Attn: Minh Thai 11333 Valley Boulevard El Monte, CA 91731-3293 City of South El Monte Attn: Manny Mancha 1415 Santa Anita Avenue South El Monte, CA 91733 Los Angeles County Regional Planning 320 W. 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E a- rmn In i° w m i c c °o y ° a c v- ro -0 m O m ~rcoQ° uyi ° QtQ m~Q~Qia vyiQ 3~c QraaotS rcac ~Z ti r'na 0 0 0 0 rn m ON G% .4 W -4 ri 3: 3: CN W rj W rj W ry Z^ Z^ Z^ Z ri 0 0 0 0 m rn O1 (it z z z z b 3 -4 14 U), o b 3 e ro 0 0 O y W i k H L 0 C L L O o u ° Ol w ; U e o y ru f0 I- CD (n 7 E c 6 w 3 c o c fn Y O m E O v 3 n E 3 fa ui L U,2 w N 3 O zi L fn u c w > m L a, to L a 'p fu aE 41> - L O Of w L cm c a Y U a+ (A C u fn O > c 2v Ow e w L C U C y o a' i to t O i, N O O O O w° 3 pl O w w tn of w w Of w m fou> fn w wu a fo fn 0 a D 10 10 C D D • • PROPOSED CITY OF ROSEMEAD MUNICIPAL CODE AMENDMENT INITIAL STUDY & NEGATIVE DECLARATION LEAD AGENCY: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Contact: Brad Johnson, Planning Director Telephone: 626.569.2100 e-mail: bwlohnson@cityofrosemead.ora ND PREPARED BY: Bauer Planning & Environmental Services, Inc. 220 Commerce, Suite 230 Irvine, California 92602 Contact: Ms. Sandra Bauer Telephone: 714.508.2522 E-mail: sandra@boesinc.com DRAFT ND REISSUED ON: 12 February 2007 COMMENTS DUE BY: 7 March 2007 • INITIAL STUDY & NEGATIVE DECLARATION PROPOSED AMENDMENT TO THE CITY OF ROSEMEAD MUNICIPAL CODE REGULATIONS GOVERNING SINGLE FAMILY HOUSING ,7 7 LEAD AGENCY: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Contact: Brad Johnson, Planning Director Tel: 626.569.2100 • bwiohnson@cityofrosemead.ora DATE DRAFT ND REISSUED: 12 February 2007 COMMENTS DUE BY: 7 March 2007 1. INTRODUCTION PURPOSE AND SCHEDULE The City of Rosemead, (the "City"), as Lead Agency for the project, has prepared an Initial Study and Environmental Checklist (IS) to evaluate environmental impacts that may be associated with a proposed amendment to Municipal Code regulations for R-1 and R-2 Single Family Housing, as well as applicable general regulations. The proposed Municipal Code revisions are intended to reflect current planning goals, particularly with respect to the issue of large-home development ("mansionization'~. If adopted, the changes would impact a wide spectrum of standards and incentives for single family housing ranging from allowed floor area ratios to landscaping to architectural styles and roof treatments. Based on findings of the Initial Study, the City has made a preliminary determination that no significant adverse impacts would result, and has recommended that a Negative Declaration (ND). The City invites your review and comment concerning the environmental information provided herein, including (1) the project description, (2) the discussion of potential project impacts, (3) recommended mitigation measures, and (4) the proposed approval of a ND. The City also seeks to know of applicable permit and environmental review requirements of your agency (if any) for the proposed project. II. REISSUED NEGATIVE DECLARATION. COMMENT PROCEDURES, SCHEDULE The City has reissued this ND to incorporate the following additional proposal: Under current code, a Conditional Use Permit (CUP) is required for any proposed residential unit larger than 2,500 square feet (sf); the proposed code amendment would require a CUP for any proposed residential unit larger than 3,000. CEQA §15073(a) requires a 20-day public review period for a Negative Declaration. Thus, the public comment period remains unchanged: comments on this ND must be sent at the earliest possible date and no later than 7 March 2007 (23 days from receipt of this notice). Please send your comments by mail, fax or e-mail to the addresses shown on the following page, and feel free to call if you have questions. We will need the name, address and telephone number of a contact person. The City's schedule calls for the Planning Commission to consider the proposed Municipal Code Amendment and this Negative Declaration at its regularly scheduled meeting on Monday, 19 March 2007 at 7:00 pm. The Planning Commission will formulate recommendations for consideration by the City Council, which is expected to consider the Municipal Code Amendment and Negative Declaration at its regularly scheduled meeting on 10 April 2007 at 5:00 pm. The Planning Commission and City Council meetings will be held in the City Council chambers at 8838 East Valley Boulevard in the City of Rosemead, California. Provided below is a summary overview of the review period, the date on which the City Council is expected to consider ND approval, and the address to which comments should be sent: City of Rosemead Municipal Code Amendment Negative Declaration 0 0 Send Comments BY: Send Comments TO: 7 March 2007 City of Rosemead c/o Sandra Bauer Bauer Planning & Environmental Services, Inc. 220 Commerce, Suite 230 Irvine, CA 92602 • sandra@bpesinc.com Tel: 714.508.2522; Fax: 714.508.2113 Planning Commission considers Project and Final ND ON: City Council tentatively considers Project and Final ND ON: III. INITIAL STUDY CONTENTS Monday, 19 March 2007 Tuesday, 10 April 2007 This Initial Study contains ten sections addressing the proposed project and the environmental review process and conclusions. The sections (with page numbers) include: I. Introduction (p. 2) Exhibit 1: Regional Location Exhibit 2: Municipal Boundaries & Zoning II. Comment Procedures & Schedule (p. 2) III. Initial Study Contents (p. 3) IV. Project Location (p. 3) V. Project Background (p. 4) VI. Project Goals and Objectives (p. 4) VII. Project Description (p. 4) Table 1: Summary of Proposed Changes VIII. Project Phasing (p. 4) IX. Approvals & Discretionary Actions (p. 5) X. Related Actions (p. 5) XI. ND Distribution List (p. 5) XII. Environmental Checklist (p. 6) XIII. Checklist Responses (p. 12) Table 2: Planning Areas/Policies XIV. Reference Materials (p. 21) XV. ND Contributors (p. 22) XVI. Glossary of Terms (p. 23) Attachment A: Existing & Proposed Text Attachment B: Design Guidelines IV. PROJECT LOCATION City of Rosemead Location and Overview: The City of Rosemead is located in the San Gabriel Valley of central Los Angeles County. Surrounding cities include San Gabriel and Monterey Park to the west, Temple City to the north, El Monte and South El Monte to the east, and Montebello and the unincorporated County area of South San Gabriel to the south. The City incorporated in 1959, and had grown to 55,252 as of 2003.1 In whole, the City encompasses 5.5 square miles of land area, most of which is devoted to residential land uses. Residential development represents 64% of total land area in the City. Public facilities occupy 14% of total area, commercial development 9%, mixed commercial/residential uses another 7%, and office/light industrial uses 6%. The proposed municipal code amendment is directed exclusively to single family residential land uses, including regulations for R-1 development which includes densities ranging from 0 to 7 units per acre (Municipal Code Chapter 17.16), and R-2 development, which including densities ranging from 7 to 9 units per acre (Municipal Code Chapter 17.20). Additionally, the proposed amendment includes modifications to those portions of the General Requirements (Municipal Code Chapter 17.12) that govern development in the R-1 and R-2 zones, and to Chapter 17.112.030.26, which governs the requirements for Conditional Use Permits. Attachment A presents the existing and proposed text for Chapters 17.12, 17.16, 17.20 and 17.112. Exhibit 1 presents a regional location map for the project area, and Exhibit 2 shows the municipal boundaries of the City of Rosemead. 1 Census Bureau State and County Quickfacts website: htto://guickfacts.census.gov/qfd/ tates/06/0662896.html. City of Rosemead Municipal Code Amendment Negative Declaration • • PROPOSED CITY OF ROSEM EAD MUNICIPAL CODE AMENDMENT INITIAL STUDY & NEGATIVE DECLARATION LEAD AGENCY: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Contact: Brad Johnson, Planning Director Telephone: 626.569.2100 e-mail: bwjohnson@cityofrosemead.ora ND PREPARED BY: Bauer Planning & Environmental Services, Inc. 220 Commerce, Suite 230 Irvine, California 92602 Contact: Ms. Sandra Bauer Telephone: 714.508.2522 E-mail: sandra@boesinc.com DRAFT ND REISSUED ON: 12 February 2007 COMMENTS DUE BY: 7 March 2007 • • V. PROJECT BACKGROUND Over the past several years, the City Planning Department has received numerous applications to replace or remodel existing single family homes with homes much larger than the original structure, and much larger than the surrounding single family homes. The increasing size of single family homes, known as 11 mansionization," has become evident in communities across the nation. As a whole, the trend has raised a number of planning issues that the current proposal is intended to resolve: managing development intensity, establishing architectural design guidelines, and setting specific standards for setbacks, parking, landscaping and related development characteristics with the goal of optimizing neighborhood compatibility and overall community cohesion. The trend toward larger housing has evolved gradually, over a period of decades. Following World War II, homes in the United States averaged approximately 300 square feet per resident. This figure had tripled by 2003, when the average U.S. home provided roughly 900 square feet per resident. Studies indicate that the shift to larger homes is related to several factors that include increased use of homes for work, changing attitudes about personal space requirements, increasing urbanization, and a renaissance of inner cities. Residents are moving back into the City, but seeking the amenities and larger housing that is more typical of the suburbs. VI. PROJECT GOALS AND OBJECTIVES The City has proposed the Municipal Code amendment to achieve the following goals and objectives: ■ Promote the orderly transition of neighborhoods as they change in response to residents' needs ■ Provide tools to enhance the visual and aesthetic character of Rosemead's neighborhoods, ■ Encourage excellence in architectural design through standards and regulations for style, massing, materials and colors ■ Provide for design flexibility that is sensitive to the City's neighborhoods and environmental features VII. PROJECT DESCRIPTION The proposal is to amend the City of Rosemead Municipal Code to provide new and revised regulations for single family residential development in the City's R-1 and R-2 zones. The proposed guidelines are particularly intended to assure design excellence and neighborhood compatibility for large-home development, including new homes and remodels to existing homes. To achieve the intended purposes, the proposed new regulations address a range of single family development features including height, floor area, setbacks, articulation (of walls, windows, decks, balconies and shutters), treatment of roofs and eaves and mechanical elements, allowed building materials and colors, Site Plan review requirements, landscaping and yard treatments, walls and fences, accessory structures, and standards for entries and doors and windows. The proposed new regulations also incorporate design incentives that allow additional floor area in exchange for certain highly- encouraged design elements. In addition to the specific amendments described above, this amendment is intended to streamline and consolidate all chapters and sections of the Municipal Code pertaining to single family development. To this end, the proposal includes relocating some sections from the General Regulations into the chapters addressing R-1 and R-2. Table 1, on the following pages, summarizes proposed modifications to Chapters 17.12 (General Regulations), 17.16 (R-1 Zoning Regulations), 16.20 (R-2 Zoning Regulations), and 17.112 (Conditional Use Permit requirements), as well as the proposed incentives program. Additionally, the City has prepared the Single Family Residential Design Guidelines Handbook with text and illustrations to assist residents in complying with the proposed new standards and regulations. The Design Guidelines are provided as Attachment B to this ND. VIII. PROJECT PHASING The City expects to submit the project and Final ND for Planning Commission review on Monday 19 March 2007 at 7:00 pm. The Planning Commission will formulate recommendations for consideration by the City Council, which is expected to consider the Negative Declaration at its regularly scheduled meeting on 10 City of Rosemead Municipal Code Amendment Negative Declaration • • April 2007 at 8:00 pm. If the City Council approves the ND, it will then consider approval of the proposed amendments to §17.12, 17.16, 17.20 and 17.112 of the Municipal Code. The proposed new ordinance would be adopted as a draft on the first reading, and returned to Council for a second reading at the following Council meeting on 24 April 2007. The changes would take effect 30 days later if adopted at the second reading. The new Municipal Code provisions would apply to all projects for which formal submittals are received after the date of the second reading. IX. PROJECT APPROVALS AND DISCRETIONARY ACTIONS Lead Agency: The City of Rosemead is Lead Agency for this project. In order to implement the proposed project, the City will be required to (1) assure that environmental documentation has been prepared in compliance with CEQA; (2) approve the Negative Declaration, (3) approve the proposed Municipal Code amendment, and (4) direct staff to file the Notice of Determination. Responsible & Trustee Agencies: No permits or approvals are required from other public agencies in order to approve or implement the proposed project. Table 2 summarizes discretionary actions associated with the proposed project. X. RELATED ACTIONS A number of southern California cities have adopted standards and regulations to address mansionization, and Rosemead has used a number of these agencies' guidelines in developing the current proposal. Guidelines consulted by the City for this review include: Temple City, Burbank, Rancho Palos Verdes, La Canada Flintridge, and Los Gatos. Apart from the reference materials noted above, there are no other related actions or CEQA documents under review within the City of Rosemead. XI. ND DISTRIBUTION Notices of the availability of this Negative Declaration have been posted at the City of Rosemead City Hall and provided for publication/posting in the San Gabriel Valley Tribune and at the offices of the Clerk of the County of Los Angeles. Copies of the Negative Declaration have been made available for public review at the City of Rosemead City Hall ,(8838 East Valley Boulevard), and the Rosemead Public Library (8800 East Valley Boulevard, next to the City Hall). In addition, the Negative Declaration has been mailed directly to the following organizations and agencies: Vicky Kammeraad - Assn. Executive W. San Gabriel Valley Assn of Realtors, Inc. 221 E. Valley Blvd. P.O. Box 1820 San Gabriel, CA 91778 Lorraine Morrison Broker-Owner, Morrison Realty 425 S. San Gabriel Blvd., #200 San Gabriel, CA 91776 City of Temple City Attn: Joe Lambert 9701 Las Tunas Drive Temple City, CA 91780 City of San Gabriel Attn: Lucita Tong 425 S. Mission Drive San Gabriel, CA 91776 Attn: Ray Hamada 320 W. Newmark Ave Monterey Park, CA 91754 City of Montebello Attn: Tonya Pace & Ruben Lopez 1600 W. Beverly Blvd Montebello, CA 90640 City of El Monte Attn: Minh Thai 11333 Valley Boulevard El Monte, CA 91731-3293 City of South El Monte Attn: Manny Mancha 1415 Santa Anita Avenue South El Monte, CA 91733 Los Angeles County Regional Planning 320 W. Temple Avenue Los Angeles, CA 90012 City of Monterey Park City of Rosemead Municipal Code Amendment Negative Declaration H Z p uw 10 W J 0~ 19111 LL. p ON VZ Oa U W -1ZQO ~Up ac Uf p CL 12 CL W ou J 0: a a M gU M Z 0 • W J ta Z a i U U CL W CL (n Q W -j Z W ~a Z O v O 'T O N O Ln O O O O v O <t O ~D O 0 O O -a 3: O O O O 3: O 3: O u M N O N O N O N 0 w N O N N N N Z N z N V N z a to at rm tM LM tall ~ un LM Lon Lin d W J W La Z O It o v o O u1 O ID O v O M ° O to O r. Z O o O --I o O m U N tD tO 0 ~ %D w kO ID ~ ,o w tO w i° JU.4 n n Z^ n r~ Z^ Z^ (n ce (A im an wi uol um rm rm ' tM Q U) tz W ac (O O rv W J > v al J u o 0 Q W c E : U Z 0) u r t- T r, J C 0 m oZS Y t C CL QO W °E N rVa ID U 49 Ti O b W N b C n un (U Loon b L a) C N L L o ra E a) Y c IS ,w N v z o v ) 3 m (n 0 L O Y C 01 a~ L En CD c a) v7 w c a c o j (D a u o Y~ t+ ° 7 E i m N a) E Y CO ` u 0u o vr N O O c m O L 0 o- U o w o n X r (u (A (D O! 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ENVIRONMENTAL CHECKLIST PROJECT INFORMATION Project Title: Lead Agency Name and Address: City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 Contact Person and Numbers: Brad Johnson. Planning Director City of Rosemead, Tel.: 626.569.2100; Sandra Bauer Bauer Planning & Environmental Services, Inc., 714.508.2522. Project Location: The project would affect single family neighborhoods throughout the City of Rosemead in Los Angeles CountyCalifornia Project Applicant's Name and Address: See Lead Agency information General Plan Designation: Low Density and Medium Density Residential Zoning Designation: R-1 (Single Family) and R-2 (Light Multiple Residential) zones Description of Project: Please refer to ND §VII (Project Description) Surrounding Land Uses & Setting: Please refer to ND §IV (Project Location) Other Agencies whose Approval is Required: None (please refer to ND §VIII) ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: This ND discusses all topical issues contained in the CEQA Guidelines Appendix G Environmental Checklist Form. No issues have been found to be sign ificant, adverse and unavoidable, and no mitigation measures were required. ❑Aesthetics ❑Agricultural Resources ❑Hazards & Hazardous Materials ❑Air Quality ❑Biological Resources ❑Population and Housing ❑Geology/Soils ❑Cultural Resources ❑Hydrology and Water Quality ❑Noise ❑Mineral Resources ❑Utilities and Service Systems ❑Recreation ❑Public Services ❑Mandatory Significance Findings ❑Transportation ❑Land Use/Planning ❑None City of Rosemead Municipal Code Amendment Negative Declaration • • ENVIRONMENTAL CHECKLIST CONTINUED Less Than Significant Significant Less Than Adverse with Significant No Impact Mitigation Impact Impact 1. AESTHETICS:- Would the project: a) Adversely impact a scenic vista? b) Damage scenic resources (trees, rock outcrops, historic buildings, a state scenic highway)? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of light or glare that would adversely affect day or nighttime views in the area? 2. AGRICULTURE RESOURCES: Would the project: a) Convert Prime or Unique Farmland, or Farmland Q of Statewide Importance to non-agricultural use? b) Conflict with agricultural zoning or a Williamson Act contract? c) Involve other changes that could result in conversion of Farmland to non-agricultural use? 3. AIR QUALITY: Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate an air quality standard or contribute to an existing or projected air quality violation? j c) Cause a considerable increase of any criteria pollutant for which the region is non-attainment? d) Expose sensitive receptors to pollutants? e) Create objectionable odors? [7J 4. BIOLOGICAL RESOURCES: Would the project: a) Have a substantial adverse effect on any candidate, sensitive, or special status species? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community? c) Adversely impact protected wetlands? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species? City of Rosemead Municipal Code Amendment Negative Declaration 7 0 0 Significant Less Than Less Than Adverse Significant Significant No Impact with Mitigation Impact Impact e) Conflict with any local policies or ordinances protecting biological resources? f) Conflict with provisions of an adopted Habitat Con- servation or Natural Community Conservation Plan? 5. CULTURAL RESOURCES:- Would the project: a) Cause an adverse change in the significance of a historical resource as defined in § 15064.5? b) Cause an adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique geologic or [A paleontological resource or site? d) Disturb any human remains, including those interred outside of formal cemeteries? 6. GEOLOGY AND SOILS: Would the project cause or be impacted by: a) seismic hazards including: i) Rupture of a fault delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map? ii) Strong seismic ground shaking? iii) Ground failure including liquefaction? iv) Landslides? Q b) Substantial soil erosion or loss of topsoil? Q c) Unstable geologic materials or soils? d) Expansive soils? e) Have soils incapable of adequately supporting the use of septic tanks or other waste disposal systems? 7. HAZARDS & HAZARDOUS MATERIALS: Would the project: a) Create a hazard through routine transport, use, or disposal of hazardous materials? b) Create a hazard through reasonably foreseeable upset and accident conditions? c) Involve use of hazardous materials within one- quarter mile of an existing or proposed school? d) Be located on a listed hazardous materials site? City of Rosemead Municipal Code Amendment Negative Declaration • • Significant Less Than Less Than Adverse Significant Significant No Impact with Mitigation Impact Impact e) For projects within 2 miles of a public airport, Q would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard? g) Impair implementation of an adopted emergency response plan or emergency evacuation plan? h) Create a significant risk of wildland fires? 8. HYDROLOGY & WATER QUALITY: Would the project: a) Violate water quality standards or waste discharge requirements? b) Deplete groundwater supplies or interfere with [A groundwater recharges? c) Alter existing drainage patterns in a manner that Q would result in erosion or siltation on- or off-site? d) Alter existing drainage patterns or volumes in a manner that would result in flooding on- or off-site? e) Create runoff above stormwater drainage Q capacities or provide new sources of polluted runoff? f) Otherwise substantially degrade water quality? Q g) Place housing within a 100-year flood hazard? h) Place in a 100-year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding? j) Inundation by seiche, tsunami, or mudflow? 9. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? b) Conflict with applicable land use plan adopted to Q avoid or mitigate an environmental effect? c) Conflict with any applicable habitat conservation Q plan or natural community conservation plan? 10. MINERAL RESOURCES: Would the project: a) Result in loss of valuable mineral resources? Q City of Rosemead Municipal Code Amendment Negative Declaration 9 • • Significant Adverse Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact b) Result in the loss of availability of a locally- important mineral resource recovery site? 11. NOISE: Would the project result in: a) Expose people to noise levels above standards? b) Expose people to excessive vibration or noise? Q c) A permanent increase in ambient noise levels? d) A temporary or periodic increase in ambient noise? 0 e) If located within 2 miles of a public airport, would the project expose people to excessive noise levels? Q f) If in the vicinity of a private airstrip, would the project expose people to excessive noise levels? Q 12. POPULATION & HOUSING: Would the project: a) Induce population growth directly (e.g. new homes & businesses) or indirectly (e.g. road extensions)? b) Displace existing jobs or housing, necessitating the construction of replacement housing elsewhere? Q c) Displace people, necessitating the construction of replacement housing elsewhere? 13. PUBLIC SERVICES: Would the project: Require new governmental facilities to maintain acceptable service or performance objectives for: a. Fire protection? b. Police protection? c. Schools? C1 d. Parks? e. Other public facilities? 14. RECREATION: Would the project: a) Increase the use of parks or recreational facilities such that physical deterioration would occur? Q b) Require new or expanded recreational facilities? City of Rosemead Municipal Code Amendment Negative Declaration 10 • • Significant Less Than Less Than Adverse Significant Significant No Impact with Mitigation Impact Impact 15. TRANSPORTATION /TRAFFIC: Would the project: a) Cause a substantial increase in traffic? Q b) Exceed a road or highway level of service Q standard or impact sensitive land uses? c) Change air traffic patterns risks? Q d) Cause hazards due to design (e.g., sharp curves) [j or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? Q g) Conflict with adopted plans supporting alternative Q transportation (e.g., bus turnouts, bicycle racks)? 16. UTILITIES & SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the Q applicable Regional Water Quality Control Board? b) Require new water or sanitation facilities? Q c) Require new storm water drainage facilities? Q d) Have sufficient water supplies available to serve Q the project from existing entitlements & resources? e) Be served by a wastewater treatment system with Q adequate collection and treatment capacity? f) Be served by a landfill with insufficient capacity to Q accommodate the project's waste disposal needs? g) Comply with solid waste statutes and regulations? 0 17. MANDATORY FINDINGS OF SIGNIFICANCE: a) Would the project degrade the environment, substantially reduce fish or wildlife habitat, cause a fish or wildlife population to drop below self-sustain- ing levels, eliminate a plant or animal community, reduce the number or range of a sensitive plant or animal or eliminate important examples of history? b) Does the project have impacts that are Q individually limited, but cumulatively considerable? c) Does the project have environmental effects which Q will cause substantial adverse effects on human beings, either directly or indirectly? City of Rosemead Municipal Code Amendment Negative Declaration 11 • XIII. DISCUSSION OF RESPONSES TO CHECKLIST ITEMS 1. AESTHETICS. Would the project: a-d) Adversely impact a scenic vista? Damage scenic resources? Degrade the visual character of surroundings? Create new light sources or glare? NO IMPACT (BENEFICIAL). The establishment of regulations to govern architectural design in the single family zones would have a beneficial impact on aesthetic values in the City of Rosemead. The benefits would accrue in several ways. The project would preserve and support the visual integrity of neighborhoods by requiring new and remodeled single family homes to incorporate complementary design elements. Landscaping and entry/driveway requirements would encourage greater balance and continuity of plant materials and softscape elements. Controls on structural height, setbacks and window placement would protect the privacy of adjoining neighbors, as well as air flow and light penetration. Restrictions on reflective exterior surfaces and outdoor lighting would minimize potential for undesirable light and glare impacts. Regulations requiring screening of mechanical fixtures would discourage unsightly construction. And the proposed emphasis on recognized elements of scale, design and ornamentation would contribute to the visual character of the City's neighborhoods. In combination, the proposed Municipal Code amendment would serve to enhance elements that strengthen the aesthetic environmental, and minimize elements that detract from aesthetic values. None of the proposed code modifications would adversely impact a scenic vista, damage scenic resources, degrade visual character or create new source of light or glare. No adverse impacts on aesthetic and scenic resources have been identified, and no mitigation is required. AGRICULTURAL RESOURCES. Would the project: a-c) Convert Farmland? Conflict with existing zoning for agricultural use or a Williamson Act contract? Involve other changes that could result in conversion of Farmland? NO IMPACT. Early settlers in the San Gabriel Valley pursued a variety of agricultural activities, including chicken and rabbit farms on land that later became part of the City of Rosemead. However, the majority of land in Rosemead today is characterized by suburban and urban development. The City's General Plan Land Use Element does not list agriculture as an existing or future land use in Rosemead, and commercial agriculture is no longer part of the City's land use composition.' In addition to the considerations noted above, the proposed Municipal Code guidelines would apply only to lands that are zoned for R-1 or R-2 single family residential development, and would have no bearing on lands that are zoned for other uses. The absence of commercial agriculture, coupled with the project orientation to lands zoned for residential land uses, ensure that project approval and implementation would have no impact on agricultural pursuits or farmland conversion. No mitigation is required. 3. AIR OUALITY. Would the project: a-d) Conflict with or obstruct implementation of an air quality plan? Violate an air quality standard or contribute to an existing or projected air quality violation? Result in a cumulatively considerable increase of any criteria pollutant? Expose sensitive receptors to pollutants? NO IMPACT. The City of Rosemead is located in the, west San Gabriel Valley forecast and monitoring area of the South Coast Air Basin, and is one of 16 San Gabriel Valley cities to participate in the development of a regional air quality management plan during the 1990s. The climate in this area is characterized by long, hot and dry summers with comparatively short and cool winters. Baseline air quality in the region has been steadily improving over the past two decades in response to emissions control programs initiated by local, state and federal agencies. However, the Basin continues to be a designated non-attainment area for a number of pollutants, and progress has slowed in recent years. The City's General Plan Public Safety Element2 rates the risk of severe airborne pollution episodes to be high. None of the proposed municipal Code modifications would affect the density of development, or the zoning of any lands within the City, or the acreage of lands designated for any zone. ` City of Rosemead, General Plan Land Use Element, 28 May 1987. z City of Rosemead, General Plan Public Safety Element, 25 March 1986. City of Rosemead Municipal Code Amendment Negative Declaration 12 • • Additionally, none of the proposed regulations would address the type of mechanical and electrical equipment used in the R-1 and R-2 zones. Consequently, there would be no change in the stationary source emissions associated with current and future land uses in Rosemead. Furthermore, none of the proposed Municipal Code modifications would affect the rate of development, or the type of construction equipment used, or the mix of transit modes used by or available to current and future residents. Consequently, there would be no change in the mobile source emissions associated with current and future land uses in Rosemead, and neither single family development nor the proposed architectural style regulations would be associated with odor or potential odor generation. In summary, there is no potential for the proposed Municipal Code amendment to conflict with an air quality plan, violate an air quality standard, increase pollutant loads or contribute to an air quality violation, nor would the project have the potential to expose residents to undesirable odors. No air quality impacts have been identified, and no mitigation is required. 4. BIOLOGICAL RESOURCES. Would the project: a-f) Have a substantial effect on any candidate, sensitive or special status species or habitats (plants, fish, insects, animals, birds)? Have an adverse effect on any riparian habitat or other sensitive community? Impact wetlands? Interfere with movement of any native resident or migratory species or established wildlife migration corridors? Conflict with local policies protecting biological resources, or addressing tree preservation or adopted Habitat Conservation Plans? NO IMPACT. The City of Rosemead is a mature urban environment, removed from the surrounding hillside areas. The City's General Plan Resource Management Element notes that there were no rare or endangered plants or animal species in the City as of 1986; that finding that is supported by more recent studies that also indicate that there are no special status species present within the City boundaries.3 If approved, the proposed Municipal Code amendments would apply only to lands that are zoned for R-1 or R-2 single family residential development. The proposed guidelines include landscaping and entry/driveway requirements that would likely increase the amount of landscaping in new single family homes and remodels, which may provide additional habitat for bird and wildlife species that are adapted to the urban environment. None of the proposed modifications would impact sensitive biological resources, or wetlands, nor would the recommended changes interfere with wildlife movement or conflict with local ordinances. No mitigation measures are required. 5. CULTURAL RESOURCES. Would the project: a-d) Adversely impact the significance of a historical resource? Cause a substantial change in the significance of an archaeological resource? Destroy a paleontological resource or unique geological feature? Disturb any human remains? NO IMPACT (BENEFICIAL). As noted above, the City of Rosemead is a mature urban environment that is largely built-out, with only a small number of vacant parcels remaining all of which are surrounded by developed land uses. The proposed Municipal Code amendments would apply only to lands that are zoned for R-1 or R-2 single family residential development. Since the City incorporated over 50 years ago, it is anticipated that some of the existing housing stock may qualify as having historical value. In addition to new home development, the new Code regulations would apply to the remodel of existing homes. The proposed language includes a requirement that CEQA documentation shall be prepared, including an historical assessment, for any application to demolish a home that may qualify as having historical value under local, state or federal guidelines. The new requirement would have a beneficial impact on the preservation of historic homes in the City. No adverse effects on cultural resources have been identified, and no mitigation is required. 6. GEOLOGY AND SOILS. Would the project expose people to impacts involving: a-e) Rupture of a known earthquake fault? Strong seismic ground shaking? Seismic related ground failure? Liquefaction? Landslides? Substantial soil erosion? Located on expansive soils? Have soils incapable of adequately supporting the use of septic reservoirs or alternative waste disposal systems? 3 California Energy Commission, City of Vernon Malburg Generation Station Combined Cycle Power Plant Project Draft EIR, 2003; and City of Rosemead, General Plan Resource Management Element, 25 March 1986. City of Rosemead Municipal Code Amendment Negative Declaration 13 • • NO IMPACT. The City is located in a seismically active region, and subject to the effects of damaging earthquakes as well as secondary seismic impacts including landslides, liquefaction, subsidence and seiches. The environmental risk framework is addressed in the City's General Plan Public Safety Element,` which rates the risk of surface rupture, tsunami and dam failure to be low, the risk of liquefaction and slope failure to be medium, and the risk of groundshaking to be high. The California Department of Conservation shows an Alquist-Priolo earthquake fault zone located southeast of the City of Rosemead, along a small swath of land approximately 100-feet wide that stretches between the Pomona Freeway (I-60) and about 1.5 miles to the northwest.s The proposed Municipal Code amendment would apply to lands in the City that are zoned for R-1 or R- 2 development. Development in these and other zones throughout the City and state are subject to stringent development standards as codified in the Uniform Building Code and other regulations. Approval and implementation of the project would not affect geologic risk, nor would it impact the obligation to comply with adopted standards. The establishment of new limits on the elevation of building pads may impact grading for some single family developments, but the overall effect on soils would be negligible and no mitigation is required. 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a-h) Create a signifcant health hazard through the transportation of hazardous materials? Create a significant hazard due to accidental release of hazardous materials? Emit hazardous emissions within a quarter mile of a school? Be located on a site that is listed as a hazardous materials site? Result in a safety hazard result in a safety hazard for people working with two miles of an airport? Increase fire hazard in areas with flammable brush, grass, or trees? NO IMPACT. Numerous sites throughout California are associated with past activities that resulted in the uncontrolled discharge of hazardous substances. The Cortese List is a planning document that provides an inventory of hazardous waste and substances sites, consistent with the requirements of California Government Code §65962.5. In keeping with these requirements, the Department of Toxic Substances Control maintains the Cortese List for lands throughout the state of California. None of the hundreds of hazardous waste and substances sites identified within the Los Angeles County boundaries is located in the City of Rosemead.6 The City's General Plan Public Safety Element' which rates the risk of chemical contamination, assigns a low potential for radiological contamination, and a medium risk for road spill, airborne and subsurface contamination. 8. HYDROLOGY AND WATER QUALITY. Would the project: a -j) Violate water quality standards or waste discharge requirements? Substantially degrade water quality? Place housing in a 100-year flood area? Place in a 100-year flood hazard area structures that would impede or redirect flood flows? Expose people or property to risk of loss, injury or death from flooding, seiche, tsunami or mudflow? LESS THAN SIGNIFICANT IMPACT. The City of Rosemead is located within the jurisdiction of the Los Angeles Regional Water Quality Control Board (LARWQCB), one of 9 regional boards statewide. That operate (along with other agencies) under the aegis of the California Environmental Protection Agency (CAL/EPA). Responsibilities of LARWQCB focus on the protection of ground and surface water quality in the Los Angeles Region. The proposed Municipal Code amendment would apply only to single family housing. As a class, urban housekeeping activities are associated with certain pollutant sources that include sediments (from erosion associated with landscape activities), nutrients from organic matter (fertilizers, lawn clippings, etc.), bacteria and viruses (e.g., from pet wastes), and some heavy metals (from pesticides, weathered paint, wood preservatives, etc.) as well as other classes of pollutants.s Residents are not a City of Rosemead, General Plan Public Safety Element, 25 March 1986. s Sources: information provided by the City of Rosemead Planning Department, and California Dept. of Conservation website: http://www.conservation.ca.gov/cqs/rclhm/ap/Map index/F4E.htm#3. 6 DTSC's Hazardous Waste & Substances Site Cortese List for L. A. Co (httP://www.envirostor.dtsc.ca.gov/Public/) 7 City of Rosemead, General Plan Public Safety Element, 25 March 1986. a California Stormwater Best Management Practices Municipal Handbook, March 1993. Camp Dresser & McKee et al. City of Rosemead Municipal Code Amendment Negative Declaration 14 0 01 individually subject to permit requirements. Instead, local governments are required to formulate and implement area-wide stormwater pollution prevention plans; in the project area, a municipal NPDES (National Pollutant Discharge Elimination System) storm water permit has been issued jointly to Los Angeles County and various cities as copermittees.9 A central element of the permit, and a key tool by which adopted water quality objectives are achieved, requires all permittees to implement the Stormwater Quality Management Program (SQMP). The SQMP specifies a range of best management practices (BMPs) to control runoff pollution and reduce the discharge of pollutants to stormwater flows. Additionally, each permittee is expected to implement additional controls where needed to achieve the adopted objectives.10 The proposed Municipal Code Amendment would impose new regulations and guidelines on single family development that could impact the types of materials used in construction, the amount of landscaping, and maintenance activities. These changes would potentially impact the profile of pollutants in single family neighborhoods, but the effect would be within parameters addressed by the existing joint municipal NPDES permit of which the City of Rosemead is a part. No significant impacts would result, and no mitigation is required beyond compliance with the existing permit requirements. The City receives its water supplies from the Upper San Gabriel Valley Municipal Water District (USGVMWD), which in turn is a member agency of the Metropolitan Water District of Southern California (MWDSC). Thanks to a large groundwater basin that underlies a major portion of the San Gabriel Valley, groundwater represents a major water source, comprising about 75% of the City's total supply. The City also receives about one quarter of its supply from the State Project and the Colorado River. Rosemead is located in the San Gabriel River Watershed, which covers an area of about 640 square miles and extends from the San Gabriel Mountains to the Pacific Ocean. Surrounding water features include the Alhambra Wash, Rubio Wash, Santa Anita Dam, the Santa Anita Wash, Eaton Wash and the Rio Hondo River. Improvements made by the Los Angeles County Flood Control District have largely eliminated flood risk in the project area. The City's 1986 General Plan Public Safety Elementslrates the risk of 50 year and 100-year flooding to be low, with a medium risk of local ponding, and the National Flood Insurance Program does not designate Rosemead as being in a 100- year flood plain area.12 The proposed Municipal Code Amendment would not impact water quality (apart from hazards noted under item 8 above), nor would it impact water supply or water planning or affect local or regional flood hazards. No significant impacts on hydrology would result, and no mitigation is required. 9. LAND USE AND PLANNING. Would the project: a,b) Physically divide an established community? Conflict with any applicable land use plan, policy, or regulation of any agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect? NO IMPACT (beneficial). The City of Rosemead General Plan Land Use Element13 notes that the City was completely developed as of 1986. Decisions concerning growth and change would therefore involve the conversion or replacement of existing uses, as is true for the current proposal. The Land Use Element identified eight major issues facing the City in 1986 including: the predominance of residential land uses (56% of total area), the prevalence of single family housing (81% of total housing), the potential for residential redevelopment at higher densities, the concentration of commercial uses - comprising 10% of total area along major arterials, dispersion of industrial uses over four noncontiguous areas, the relative scarcity of industrial uses compared with residential and commercial land, and evidence of blight in the City's commercial strips. With respect to single family residential uses, the Land Use Element established two categories including low density residential (ranging from 0-7 units per acre and characterized by detached 9State Water Resources Control Board website: 10 State Water Resources Control Board website: 11 City of Rosemead, General Plan Public Safety Element, 25 March 1S 12 FEMA-ESRI Hazards Awareness website: www.esri.com/hazards 13 City of Rosemead, General Plan Land Use Element, 25 March 1986. 2- City of Rosemead Municipal Code Amendment Negative Declaration 15 • • units) and medium density residential (7 to 9 units per acre, and characterized by a mix of detached and attached units and duplexes). The City has also identified eight separate planning areas. Low and/or medium density residential uses can be found in all of these planning areas. Applicable land use policies are outlined in Table 2 below: Table 2 PLANNING AREAS AND POLICIES 1 (Northern Rosemead) 3 (Northeast Rosemead 4 (West Rosemead) 5 (South- west) 6 (Central Rosemead) 7 (South central) 8 (Southern Tip) APPLICABLE LAND USE POLICIES Preserve the existing industrial development of those uses. but restrict The General Plan recognizes the potential to expand and YES upgrade Rosemead Square (now underway). This is the City's main mixed use development area, YES including commercial, office and residential components. Planning area 5 also contains mixed use development with YES commercial, office, residential and light industrial uses. Planning area 6 is predominantly low density residential YES with some commercial and mixed uses. Low density residential is a small part of the land use in YES this area, which is dominated by office/light industrial, medium density residential, and public facilities. Development in portions of this planning area is limited YES due to flooding potential. The Land Use Element affirms the City's commitment to maintain high quality residential neighborhoods. This commitment is further underscored by Land Use Element Goal #1, Policy 1.3 which states that "The City through code enforcement will take an active role in insuring that owners maintain their property." The proposed code amendment is consistent with the overarching commitment, and with the letter and spirit of adopted policy #1.3 in that it will give the City additional code enforcement tools to ensure that owners maintain their property. No adverse land use impacts have been identified, and no mitigation is required. c) Conflict with any applicable habitat conservation plan or natural community conservation plan? NO IMPACT. As discussed in §4 above, there are no known sensitive plant or animal species in the City of Rosemead. The project would have no potential to conflict with any adopted habitat or natural community conservation plan. 10. MINERAL RESOURCES. Would the project: a,b) Result in the loss of availability of a known mineral resource or a locally important mineral resource recovery site? NO IMPACT. The City's General Plan Resource Management Element notes that there are no known mineral resources within the City of Rosemead and no designated mineral resource areas within the City of Rosemead. The project would have no impact on mineral resources.14 11. NOISE. Would the proposal: 14 City of Rosemead, General Plan Resource Management Element, 25 March 1986. City of Rosemead Municipal Code Amendment Negative Declaration 16 0 0 a-f) Expose people to noise levels exceeding standards or to excessive vibration? Permanently increase ambient noise levels? Substantially increase temporary ambient levels? For projects within an airport land use plan or 2 miles from an airport, expose residents to excessive noise levels? For a project within the vicinity of a private airstrip, would the project expose residents or employees to excessive noise levels? NO IMPACT. The City's General Plan Noise Element's identifies four major generators of noise in the City, including vehicular and rail traffic on the San Bernardino Freeway, Vehicular traffic on the Pomona Freeway, rail traffic on and using tracks that parallel the City's northern boundary, and local and through traffic on major, arterials. Additionally, the Noise Element notes that secondary stationary noise impacts originate from park and school facilities, as well as commercial and industrial activities. The City's Land Use Compatibility guidelines for community noise environments indicate that noise exposure under 55 CNEL (Community Noise Equivalent Level) will normally be acceptable; exposure ranging from 55 to 70 CNEL is classified as conditionally acceptable, 70-75 CNEL is normally unacceptable, and exposure above 75 CNEL is clearly unacceptable. Additionally, the Noise Element establishes interior and exterior noise standards; for single family residential areas, the interior noise standard is 45 CNEL, and the exterior noise standard is 65 CNEL. The proposed Municipal Code amendment would not have an impact on the types of uses permitted in single family residential neighborhoods, nor would it cause a change in the levels of ambient noise exposure or represent a source of vibration. An airport is reported to have operated within the City of Rosemead during the 1940s, but has been out of operation for many decades and there are currently no airports within the City.lb The closest facility is the El Monte Airport, located off of Santa Anita Boulevard. This active facility is located within 1 mile of eastern Rosemead. The project would have no impact on operations or noise levels at the El Monte airport, nor would it impact noise exposure resulting from activities at the airport. No noise impacts have been identified, and no mitigation is required. 12. POPULATION AND HOUSING. Would the project: a-c) Induce substantial growth either directly or indirectly? Displace existing housing, especially affordable housing? Displace substantial numbers of people? NO IMPACT. The 1986 General Plan Land Use Element" notes that the ultimate population of residential development within the City will be approximately 49,300 persons, but ranging between 45,000 and 55,000 residents.18 The actual Census count for 2000 was 53,505, which is within that estimated range of development.19 The proposed Municipal Code amendments would not change the acreage or distribution of land uses within the City, nor would it impact the density of development within single family neighborhoods. There would be no displacement of existing housing or residents, and none of the proposed guidelines would impact the availability of affordable housing. No impacts on population are anticipated, and no mitigation is required. 13. PUBLIC SERVICES. Would the proposal impact or result in a need for any new government services? a-e) Fire protection? Police Protection? Schools? Parks? Other public facilities? NO IMPACT. Police services in the City of Rosemead are provided by the Los Angeles County Sheriffs Department. The Temple Station, located in northeast Los Angeles County, also provides contract services to the cities of Bradbury, Duarte, South El Monte and Temple City, as well as the surrounding unincorporated areas.20 Fire services are provided by the Los Angeles County Fire Department, and the Department operates two stations within the municipal boundaries. Station 2 is located at 2644 North San Gabriel Boulevard, and Station 42 is located at 9319 East Valley Boulevard.21 15 City of Rosemead, General Plan Noise Element, 25 March 1986. 16 Abandoned & Little Used Airfields, east L.A.; website: http://www.airfields-freeman.com/CA/ Airfields_CA_LA_E.htm. 17 City of Rosemead, General Plan Land Use Element, 25 March 1986. 15 City of Rosemead, General Plan Resource Management Element, 25 March 1986. i9 US Census Bureau Quick Facts website: http://quickfacts.census.clov/clfd/states/06/0662896.html. 20 Los Angeles County Sheriff's Department website: htti)://www.lasd.oro/ad.usacit_ydirectories.com/ 21 Sources: Information provided by the City of Rosemead Planning Department, and Los Angeles County Fire Department website: http://www.lacofd.org/ City of Rosemead Municipal Code Amendment Negative Declaration 17 0 0 School services through eighth grade are provided by the Rosemead and Garvey School Districts. The districts operate a total of eleven elementary schools (K-6) and three middle schools (7-8).22 District high school students attend Rosemead High School, which is part of the El Monte Union High School District. The City's goals for recreation call for 1 acre of parkland per 1,000 residents. Park facilities in Rosemead include Rosemead Park and Garvey Park (both of which are designated as community parks), Zapopan Park, Rosemead Community Center and Delta Mission Park (neighborhood parks), a number of mini-parks and the 1,092 Whittier Narrows Dam Recreational Area. The proposed Municipal Code amendment would not impact the number of residents or school age children, would not change the density or distribution of land uses, and would not change any land use designations. There would be no impact on police, fire or school services, and there would be no change in demand for or use of public park facilities. No impacts are foreseen, and no mitigation is required. 14. RECREATION. Would the proposal: a,b) Increase demand for neighborhood or regional parks or other recreational facilities? Include or require recreational facilities that might have an adverse physical effect on the environment? NO IMPACT. As noted above, the City's General Plan Resource Management Element calls for 1 acre of parkland per 1,000 residents. Park facilities in Rosemead include community parks (Rosemead Park and Garvey Park), neighborhood parks (Zapopan Park, Rosemead Community Center and Delta Mission Park), a number of mini-parks and the 1,092 Whittier Narrows Dam Recreational Area, which services Rosemead and the surrounding region. Additionally, the Resource Management Element notes the City's policy to support shared use of selected school sites for recreation. The proposed Municipal Code amendment would not impact the number of residents or school age children, would not change the density or distribution of land uses, and would not change any land use designations. There would be no impact on police, fire or school services, and there would be no change in demand for or use of public park facilities. No impacts are foreseen, and no mitigation is required. 15. TRANSPORTATION/ TRAFFIC. Would the project: a-g) Cause a substantial increase in traffic relative to existing traffic load and capacity of the street system? Exceed a level of service established for designated roads or impact sensitive land uses? Change air traffic patterns? d) Substantially increase hazards due to design features (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Result in inadequate emergency access or access to nearby uses? f) Result in inadequate parking capacity? Conflict with adopted policies or programs supporting alternative transportation? NO IMPACT (BENEFICIAL IMPACT). The General Plan Circulation Element notes that the circulation system comprises freeways (I-10 and I-60), major arterials (Valley Boulevard, Garvey Avenue, San Gabriel Avenue, and Rosemead Boulevard), secondary arterials (Del Mar Avenue, Graves Avenue, New Avenue, Rush Avenue, Temple City Boulevard, and Walnut Grove Avenue), collector roads (Encinita Avenue, Grand Avenue, Hellman Avenue, Ivar Avenue, Loftus Drive, Marshall Street, Muscatel Avenue, Ramona Boulevard, Rio Hondo Avenue and Rosemead Place) and numerous local streets. General Plan goals call for continued efforts to increase use and availability of rapid transit options, as well as preparation of Traffic System Management plans for specific areas of the City and other efforts to enhance circulation. Additionally, the City has adopted a policy calling for periodic review of on-street parking in neighborhoods adjacent to revitalization districts. Several of the proposed Municipal Code amendments address circulation and parking in single family residential neighborhoods. The proposed standards include: zz Sources: Information provided by the City of Rosemead Planning Department, and Rosemead School District website: http://www.rosemead.kl2.ca.us/ City of Rosemead Municipal Code Amendment Negative Declaration 18 • Vehicles may not be parked on any lot except in the garage or on the driveway or parking apron. Impervious Surfaces/Landscaping. Pedestrian walkways, vehicular access ways and other impervious surfaces shall not collectively occupy more than fifty (50) percent of front and side yard areas that are visible from a public right-of-way. Landscaping shall not be permitted to limit or restrict the line of sight on any public roadway. The proposed standards are intended to ensure public safety and an orderly visual environment in the City's single family neighborhoods. None of the proposed modifications would impact traffic volumes or alter the load or capacity of any roadway, nor would there be an impact on air traffic patterns or emergency access. With respect to hazards, a beneficial impact would result from the proposed standard that would prohibit landscaping to limit the line of sight on any public roadway. The provisions governing parking are limited to parking on private residential lots. These measures would not result in adequate parking (on-street parking would still be available), but would require that vehicular parking be limited to spaces intended for that use. None of the standards would impact alternative transportation. In summary, no adverse impacts on circulation have been identified, and no mitigation is required. 16. UTILITIES AND SERVICE SYSTEMS. Would the project: a-g) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Require construction of new water or wastewater treatment facilities? Have adequate wastewater treatment capacity to serve the project? c) Require construction of new storm water drainage facilities? Are there sufficient water supplies available to serve the project? Be served by a landfill with sufficient capacity to accommodate solid waste disposal needs? Comply with federal, state and local statutes related to solid waste? NO IMPACT. The proposed Municipal Code amendments would not change the acreage or distribution of land uses within the City, nor would it impact the density of development within single family neighborhoods or the land use designations governing permitting uses within the City. Demands on storm drain systems, water services, wastewater treatment and solid waste disposal would be as outlined for the underlying General Plan. No impacts on utilities and services . are foreseen, and no mitigation is required. 17. MANDATORY FINDINGS OF SIGNIFICANCE & DETERMINATION. (a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of major periods of state history or prehistory? NO IMPACT. Based on findings presented in this ND, it has been determined that the proposed City of Rosemead Municipal Code Amendment Project would not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of major periods of state history or prehistory. The project would support adopted policies of the General Plan by contributing to the long-term maintenance of high quality residential neighborhoods in the City of Rosemead. (b) Does the project have impacts that are individually limited but cumulatively considerable? NO IMPACT. Analyses conducted for this ND indicate that the project would not have potential to cause potentially significant effects on either a direct or cumulative basis. (c) Does the project have environmental impacts that will cause substantial adverse effects on human beings, either directly or indirectly? City of Rosemead Municipal Code Amendment Negative Declaration 19 i • NO IMPACT. Implementation of the proposed Municipal Code Amendment is expected to have a beneficial impact on the quality of the City's neighborhoods, thereby contributing to the welfare of the City's residents. DETERMINATION - On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required ❑ I find that the project MAY have a significant effect on the environment, but at least one effect has been adequately analyzed in an earlier document pursuant to applicable legal standards, and has been addressed by mitigations based on the earlier analysis as described in attachments, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Date For City of Rosemead Municipal Code Amendment Negative Declaration 20 XIV. REFERENCE MATERIA • Abandoned and Little Used Airfields in east Los Angeles Area website: http://www.airfields- freeman.com/CA/Airfields CA LA C.htm California Energy Commission, City of Vernon Malburg Generation Station Combined Cycle Power Plant Project Draft EIR, 2003; and City of Rosemead, General Plan Resource Management Element, 25 March 1986. California Department of Conservation website: http://www.conservation.ca.gov/cQs/rqhm/-ap/Map index /F4E.htm#3. California Department of Toxic Substances Control, Hazardous Waste & Substances Sites, Cortese List for Los Angeles County website: http://www.envirostor.dtsc.ca.Clov/public/. California Stormwater Best Management Practices Municipal Handbook, March 1993. Prepared by Camp Dresser & McKee et al. California State Water Resources Control Board website: http://www/s~wrcb.ca.govJoyqcb4LhtmlJ eo reoorts/past eo/00 1012 . California State Water Resources Control Board website: http://www/-swrcb.ca.gov/rwgcb4/html City of Rosemead, General Plan Public Safety Element, 25 March 1986. City of Rosemead, General Plan Resource Management Element, 25 March 1986. City of Rosemead, General Plan Noise Element, 25 March 1986. City of Rosemead, General Plan Land Use Element, 25 March 1986. City of Rosemead, General Plan Resource Management Element, 25 March 1986. City of Rosemead, General Plan Land Use Element, 28 May 1987. City of Rosemead, General Plan Public Safety Element, 25 March 1986. FEMA-ESRI Hazards Awareness website: www.esri.com/hazards Los Angeles County Sheriffs Department website: http://www.lasd.org/ad.usacitydirectories.com/ Los Angeles County Fire Department website: http://www.lacofd.orQ/ Rosemead School District website: http://www.rosemead.kl2.ca.us/ United States Census Bureau, State and County Quickfacts website: http://quickfact5.census.clov/qfd/states/06/-0662896.html. City of Rosemead Municipal Code Amendment Negative Declaration 21 • • XV. NEGATIVE DECLARATION CONTRIBUTORS City of Rosemead City Manager ......................................................................Andrew Lazzaretto Planning Services Administrator Brad Johnson Associate Planner Sheri Bermejo Senior Planner George Agaba Bauer Planning & Environmental Services, Inc. Environmental Review Sandra Bauer Graphics Donald Bauer City of Rosemead Municipal Code Amendment Negative Declaration 22 • • XVI. GLOSSARY OF TERMS A number of abbreviations and acronyms are used throughout this ND. To facilitate understanding of these terms, a glossary of definitions is provided below along with a table of conversion factors to relate volumetric data. BMPs Best Management Practices, actions required by law to protect water quality and prevent pollutant of the ocean, streams and storm drains. CEQA California Environmental Quality Act of 1970. CEQA established the requirement for environmental review of project proposals in California CNEL Community Noise Equivalent Level, a 24-hour average noise level with noise occurring during evening hours (7:00 pm to 10:00 pm) weighted by a factor of three times, and nighttime hours (10:00 pm to 7:00 am) weighted by a factor of 10 times. CUP Conditional Use Permit, allowing a use that is inconsistent with zoning but serves a common good, FAR Floor Area Ratio, the gross floor area permitted on a site divided by the net area of the site. FEMA Federal Emergency Management Agency. IS Initial Study, a CEQA review process to assess whether a project may have significant impacts on the environment and determine the type of environmental documentation required. Muntin A strip of wood or metal separating and holding panes of glass in a window ND Negative Declaration, a CEQA document for projects where significant adverse environmental impacts have been eliminated or avoided. NPDES National Pollutant Discharge Elimination System, a permit system regulating point source discharges to a water body. LARWQCB Los Angeles Regional Water Quality Control Board, one of 9 boards statewide that are responsible for setting and maintaining standards and objectives for surface and groundwater supplies in California. SCAQMD South Coast Air Quality Management District, which sets and enforces air quality standards & regulations in the South Coast Air Basin (SCAB). sf Square Feet, a measure of area. City of Rosemead Municipal Code Amendment Negative Declaration 23 • • ATTACHMENT A PROPOSED REVISIONS TO THE CITY OF ROSEMEAD MUNICIPAL CODE City of Rosemead Municipal Code Amendment Negative Declaration • • Chapter 17.12 GENERAL REQUIREMENTS 17.12.010 Conflicting regulations. Where any provision of this title imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other requirements, law or ordinance, or by private covenants, then the provisions of this title shall control in the event of any conflict between such specific provision or regulation and a general provision. (Prior code § 9121) 17.12.020 Less restrictive uses prohibited. The express enumeration and authorization in this title of a particular class of building, structure or use in a designated zone shall be deemed a prohibition of such building, structure or use in all zones of more restrictive classification, except as otherwise specified. (Prior code § 9121.1) 17.12.030 Additional permitted uses. Uses other than those specifically mentioned in this title as uses permitted in each of the zones may be permitted therein, provided such uses are similar to those mentioned and are in the opinion of the City Council, as evidenced by a resolution in writing, after a report and recommendation by the Planning Commission, not more obnoxious or detrimental to the welfare of the community than the permitted uses specifically mentioned in the respective zones. (Prior code § 9121.2) 17.12.040 Regulations applicable to all zones. The general regulations provided in this section shall apply to all land to which this is at any time applicable, unless otherwise provided. In case of any conflict between the general regulations and the regulations provided with respect to a specific zone, the latter shall control. A. Uses Permitted. No building shall be erected, and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building or premises be used, designed or intended to be used for any purpose or in any manner other than a use listed in this title, or amendments thereto, as permitted in the respective zone in which such land, building or premises is located. B. Building Height. Where a building height is given, this shall be the maximum building height. Except as hereinafter provided, no building shall be erected nor any existing building be moved, reconstructed or structurally altered to exceed in height the limit established by this title, or amendments thereto, for the zone in which such building is located. C. Yards. Where a yard distance is given this shall be a minimum distance, except as hereinafter provided: 1. No building shall be erected nor shall any existing building be removed, altered, enlarged or rebuilt, nor shall any open spaces surrounding any building be encroached upon or reduced in any manner except in conformity with the yard regulations established by this title, or amendments thereto, for the zone in which such building is located. 2. No yard or other open space provided about any building for the purpose of complying with the regulations of this title or amendments thereto, shall be considered as providing a yard or open space for any other building or structure. deterfn4i:ied. in deteffn'Aing SUCh fFent YaFd depth, beildings located mere than thif=ty five (35) feet. 0 0 fFeFn the fFeAt pFepeFty line eF baHdings fareing a side street en a EeFf9eF lot shall net be Eeunted. Ne bw"ding her-eafteF erected er StFUetkiFally alteFed shall pFe~eet beyefid the aveFage fFent yard line ^tabl4 hed 49 danee w*th this subseetief~.- rr DELETED FROM MUNICIPAL CODE 11 34. The front yard shall be measured from the front property line except that where there is an official plan line or a future street line, the front yard shall be measured from the official plan line or future street line. D. Area Requirements. Where the lot area per dwelling unit is given this shall be the minimum lot area per dwelling unit, provided, however, that when a lot in a residential zone has less area than herein required and lawfully existed at the time of the effective date of this title, the lots may be occupied by one dwelling unit. E. Lot Width. Where a lot width is given this shall be a minimum distance. F. Caretaker or Watchman Dwelling in Commercial and Industrial Zones. In any commercial (C) or industrial (M) zone, dwellings for caretakers or watchmen may be erected and used under the following conditions: A dwelling for a caretaker or watchman employed or designated, and actually engaged in the care, protection, maintenance or operation of a lawful use, or of property located on the same premises. Any building used for dwelling purposes for a caretaker or watchman shall be established and maintained in compliance with the provisions of the R-3 zone. A mobilehome or trailer shall not be construed or approved as a dwelling for a caretaker or watchman in any zone, except that a mobilehome or trailer may be temporarily used for such dwelling purpose for a period not to exceed six months during the initial construction period of any new development being established on the same premises. (Prior code 9103.3--9103.9) 17.12.050 Access to property. No property in a more restricted zone, shall be used for ingress to or egress from property in a less restricted zone, other than for purposes permitted in such more restricted zone. (Prior code § 9121.3) 17.12.060 Nonconforming buildings and uses generally. The following regulations shall apply to all nonconforming buildings and structures or parts thereof and uses existing at the effective date of this title. A. Any such nonconforming building or structure may be continued and maintained provided there is no physical change other than necessary maintenance and repair in such building or structure except as otherwise provided in other sections of this title. B. Any such nonconforming use may be maintained and continued, provided there is no increase or enlargement of the area, space or volume occupied or devoted to such nonconforming use, except as otherwise provided in this title. C. Any part of a building, structure or land occupied by such a nonconforming use which is changed to or replaced by a use conforming to the provisions of this title shall not thereafter be used or occupied by a nonconforming use. D. Any part of a building, structure or land occupied by such a nonconforming use, which use is abandoned, shall not again be used or occupied for a nonconforming use. Any part of a building, structure or land occupied by such a nonconforming use, which use shall have ceased for a period of one year or more, shall not again be used or occupied for a nonconforming use. E. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of a more restrictive classification, except as herein otherwise provided with respect to zone C-3. In zone C-3, if a lawfully existing building or structure is nonconforming because less than the required amount of parking is provided, the use of such building or structure may be 0 0 changed on the conditions hereinafter provided, irrespective of such parking deficiency to one of the following uses only: 1. Bakery products shops; 2. Barber shops; 3. Beauty shops and manicure parlors; 4. Confectionery stores; 5. Dressmaking or millinery shops; 6. Drug stores; 7. Dry cleaning, pressing and laundry agencies, including spotting, sponging and pressing only; 8. Dry goods or notions stores; 9. Electric appliance stores and repairs; 10. Florist shops, greenhouses and flower nurseries; 11. Furniture stores; 12. Hardware stores; 13. Ice storage houses of not more than five-ton capacity; 14. Jewelry stores; 15. Meat markets or delicatessen stores; 16. Offices, business, or professional or public utility; 17. Photographic shops; 18. Radio and television stores; 19. Self service laundries; 20. Self service dry cleaning establishments; 21. Shoe stores or shoe repair shops; 22. Stationery and book stores; 23. Tailor, clothing or wearing apparel shops; 24. Libraries; 25. Police and fire stations; 26. Post offices; 27. Schools; 28. Telephone exchanges and communication equipment buildings. No such change of use may be made without compliance with the provisions of Chapter 17.84 with respect to improvement of such parking area as is afforded, unless the Modification Committee shall find that the required improvement is unreasonable or unnecessary in the circumstances. F. In all R zones, every nonconforming building or structure which was designed, arranged or intended for a use not permitted in the R zones, in the absence of a variance permitting such use of structure shall be completely removed or altered and converted to a conforming building, structure and use when such buildings or structures have reached, or may hereafter reach, the ages, computed from the date of wood or wood frame construction twenty-five (25) years; if of masonry construction forty (40) years. Provided, however, that this regulation shall not become operative until ten years from the effective date of this title, and except that this subsection shall not apply to lawfully existing public utility buildings and structures. G. Every nonconforming use of land (where no main building is involved) existing at the time this title becomes effective shall be discontinued within three years from the effective date of this title, except that this subsection shall not apply to public utility uses. H. Every nonconforming use of a conforming building or structure existing at the time this title becomes effective shall be discontinued within three years from the effective date of this title. I. Any sign, billboard, commercial advertising structure or statuary which is lawfully existing and maintained at the time this title becomes effective may be continued, although such use does not conform with the provisions hereof; provided, however, that no structural alterations are made thereto, and provided further that all such nonconforming signs, billboards, commercial advertising structures or statuary, and their supporting members, shall be completely removed from the premises not later than three years from the effective date of this title. J. The foregoing provisions of this section shall also apply to buildings, structures, land or uses which hereafter become nonconforming due to any reclassifications of zones under this title, or by reason of • • annexation of property to the city, provided, however, that where a period of years is specified in this section for the removal of nonconforming buildings, structures or uses, the period shall be computed from the date of such reclassification or change. 1. The reclassification of permitted storage and display associated with commercial uses as set forth in Sections 17.36.070, 17.44.070, 17.48.160 and 17.56.100, shall take effect on November 1, 1977, and all storage and display uses described in those sections shall be in conformity with the provisions contained therein on November 1, 1977. K. The foregoing provisions of this section shall not apply so as to prevent the modernization, reconstruction or replacement of public utility buildings, structures, equipment and facilities where there is no change of use or increase in area of property so used. (Prior code § 9121.4) 17.12.070 Registration of nonconforming buildings and uses. All nonconforming uses and nonconforming buildings existing upon the effective date of this title shall, by the owners thereof or their agents, be declared in an affidavit filed with the City Clerk within six months after such date. Otherwise the right to maintain or continue such nonconforming use or building shall cease and terminate at the expiration of the six-month period. Such affidavit shall contain the following information; A. The legal description of the premises upon which the nonconforming use of building exists; B. The street address by which such premises are commonly known; C. The name and address of the owner or owners of such premises; D. The name and address of the occupant or tenant of such premises; E. The business or trade name, if any, under which the nonconforming use is conducted; F. A plot plan drawn to scale showing the location and dimensions of all buildings and structures located on the premises involved. (Prior code § 9121.5) 17.12.080 Building under construction. Any building or structure for which a building permit has been issued prior to the effective date of this title may be completed and used in accordance with the plans, specifications and permits on which the building permit was granted, if construction is commenced within sixty (60) days after the issuance of the permit and diligently prosecuted to completion. (Prior code § 9121.6) 17.12.090 Reconstruction of damaged nonconforming buildings. Nothing in this title shall prevent the reconstruction, repairing or rebuilding and continued use of any nonconforming building or structure partially damaged by fire, collapse, explosion or acts of God subsequent to the effective date of this title, where in the cost of such reconstruction does not exceed seventy-five (75) percent of the assessed value or the building or structure at the time such damage occurred as shown by the last equalized assessment roll of Los Angeles County. All such reconstruction shall be performed under one building permit, started within a period one year from date of damage and diligently prosecuted to completion. The provisions of this section shall not apply to public utility buildings and structures. In the event such reconstruction cost would exceed seventy-five (75) percent of the assessed value, as shown by the assessment roll, of the building or structure at the time such damage occurred, no repairs or reconstruction shall be made unless every portion of such building or structure is made to conform to all the regulations for new buildings or structures in the zone in which it is located. However, existing nonconforming residential structures in the R-1 and R-2 zones which structures are damaged or destroyed by fire, collapse, explosion or acts of God, may be repaired or reconstructed and such nonconforming residential use may be continued, regardless of the cost of such repairs or reconstruction; subject to the limitation that such repairs or reconstruction shall not enlarge or change the location of such nonconforming structures. (Prior code § 9121.7) 17.12.100 Nonconforming uses resulting from amendments. • The provisions of this title shall apply to uses which become nonconforming by reason of any amendment to this title, as of the effective date of such amendment. (Prior code § 9121.8) 17.12.110 Location of dwelling. Except where otherwise provided for in this title, every dwelling shall face or have frontage upon a street or permanent means of access to a street by way of a public or private easement or passageway other than an alley. (Prior code § 9121.9) There shal' be a Fninimum distanEe ef six feet between all buildings en the same let ar PaFeel ef land. ffNB• THIS SECTION MOVED TO CHAPTERS 17.16 and 17.20 11 17.12.1230 Height of buildings. No penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment; towers, roof signs or other structures shall exceed the height limit provided in this title. Radio and television masts, steeples; and flagpoles, eh'imneys and sfnekesta !t may extend not more than thirty (30) feet above the height limit provided in this title, provided that in the opinion of the Building inspector the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances. (Prior code § 9121.11) 17.12.1340 Dwelling and other occupancies. Where a dwelling is located, placed or erected above another type of use in zones other than R-1, R- 2, R-3, R-4 or A-1 zones, the rear and side yards for the floors occupied for dwelling purposes shall comply with the provisions of the R-4 zone. (Prior code § 9121.12) The Fellewing Fegwla in this title. tens shall apply te the I sh ll eme : b ildin eEati eed S en e iM hU f aeee AdFed sser-y b (690) uildings squaFe f unless etherw eet se pFevided A. Ne detached ar=e a essef y u g . I distance less t1gan s ix, F ) pef=eef9t ef the dept h ef t he le t FFefn the fFent pFepeftoine, eF minety (90) feet, whieheve F is less. i t 1 l m the s r d str I I eet stane eeated at a d 111- y k--, ess than e - / I i t i l fi (25 ) f t E)f a Fe YeFsed e eFAeF let on the R F. No aeEessery bu nigs en the Fear twen d ve y ee l l i / / 9, R 4 or- A 1 zenes shall be leeated nearer to th e sid et e ne en the stFee t side ef sueh Fever-sed • • than ten feet, but the fFent ef sueh gaFage shall not be near-eF than twenty five (25) feet kem th FFent half of sueh let is - . . )ne Feet Fise eF fall in a 198Fizental distanee Of feUF feet FFeFA the building shall be less than fiye feet ffem the side er Frent line of the let and fuptheF PF8Vided that ne Sbeh bULldafJ@ shall exeeed ten feet in height. (Amended dwing !999 c-edifleation; pHer eedej 912143M [NB• THIS SECTION MOVED TO CHAPTERS 17.16 and 17.20 11 17.12.160 Through lots. On through lots, either line separating such lot from a public thoroughfare may be designated by the owner as the front lot line. In such cases, the minimum rear yard shall be the average of the yards on lots next adjoining. If such lots next adjoining are undeveloped, the minimum rear yard shall conform to the front yard setback for the zone in which the property is located. The provisions of Section 17.12.190 shall apply to such rear yard. (Prior code § 9121.15) WheFe YaFdS aFe required n this title, they shall be not less in depth eF vyiElth ef any paFt thaA the may extend into a requi. side eF Fear- YaF E)F distanee between buildings net te exeeed Me feed i i i i !eye! e f the first FleeF of the bu ng, m ld ay extend nte an li y fFent, s de eF FeaF YaFd net FneFe than six i ; i feet, ffeVid ed, / Fai net FF ng, fgr=hes n height Fnay be 16Fe than th " (39) D. Gar-ages, EaFpefts and paties Fnay eEEupy n8t MOFe than fifty (5G) per-rzent ef a Fequir-ed Fear yaFd, E. The PF8Vi5i8H5 ef this seetien shall fiet apply te a Feigee eF wall as Fequ;Fed by any IaW eF ie F A" h - t et en d eF bein demelished s hall be totall enc les pFepe" t at is . around the perimeter- vacant, u by a fenc eens m , n er e. The FeHee shall b g )f six fe y et in height as m eas, l' ' d h ll b d i maint in d in sl F ed enditi n Th wiFed fenEe sh e all be eme t en an s a e eent nu eu y a e ge e e . e q h h i : hi b f th f ll t t ti "PRIVATE P RGPERTY prepeFty t at n9eets t e Fequ f s su t s efnents e ng e e e ee an s a wft! , NO TRESPASSING" T eatie h l e and installa n t tien of the feneing and fi- si ect te the e e , yp g 17.16 and 17.20 11 17.12.200 utilities. The provisions of this title shall have no application to communication lines, electric transmission or distribution lines or gas pipelines, regulators or meters, used directly or indirectly for service to the public or any portion thereof by persons, firms or corporations subject to the jurisdiction of and regulation by the Public Utilities Commission of the state of California. (Prior code § 9121.19) 17.12.210 Reduction of lot area or width. Except as otherwise provided in this title, a person shall not divide any lot or parcel of land or any portion thereof, if as a result of such division or conveyance the area or average width of any lot or parcel of land so reduced, or a lot or parcel of land is created, which lot or parcel of land has an area or average width less than the minimum required by this title for a parcel with the number and type of structures on such resulting lot or parcel, or less than the minimum area or width otherwise required under any applicable provisions of this title. (Prior code § 9121.20) 17.12.220 Recision of conveyance. Any deed of conveyance, sale or contract to sell made contrary to the provisions of Section 17.12.210 is voidable at the sole option of the grantee, buyer or person contracting to purchase, his or her heirs, personal representative, or trustee in insolvency or bankruptcy within one year after the date of execution of the deed or conveyance, sale or contract to sell, but the deed of conveyance, sale or contract to sell is binding upon any assignee or transferee of the grantee, buyer or person contracting Ol 0 to purchase, other than those above enumerated, and upon the grantor, vendor or person contracting to sell, his or her assignee, heir or devisee. (Prior code § 9121.21) 17.12.230 Street dedication and improvement. A. No building or structure shall be erected or enlarged, and no building permit shall be issued therefor, on any lot in any zone or in any planned development in any P-D zone of which lot is a part, other than an R-1, R-2 or R-3 zone if such lot abuts a major or secondary street unless the one-half of the street which is located on the same side of the center of the street as such lot has been dedicated for the full width of the lot so as to meet the standards for such street set forth in the circulation element of the General Plan for recommended right-of-way for major and secondary streets in the city, approved by the City Council and on file in the office of the City Clerk, and has been improved to city standards; or until such dedication and improvement has been assured to the satisfaction of the City Manager and City Engineer. As used herein the "center of the street" means the centers of those streets as such streets are shown on the circulation element of such General Plan. The maximum area of land required to be so dedicated shall not exceed twenty-five (25) percent of the area of any such lot. B. Notwithstanding any other provisions of this code, no fee shall be charged for the rendering of any service by the city in connection with any dedication required by the provisions of this section and not a part of a subdivision proceeding. C. Any person required to dedicate and make improvements by the provisions of this section shall execute and deposit with the City Manager an instrument of conveyance executed by all parties of interest as shown by a current preliminary title report prepared by a title company, and in such form as approved by the City Attorney, and with respect to improvements shall either make and complete the same to the satisfaction of the City Engineer or file with the City Manager a bond in such amount as the City Engineer shall estimate to be necessary to complete the improvements required. D. Whenever any uncertainty may exist as to the application of the provisions of this section in the matter of street alignments or street centers, the City Engineer shall determine their application in conformity with the spirit and intent of this section. (Prior code § 9121.22) the publie welfare will net be adveFsely affected. (PFier- Eede § 9!2!.23) f f NB: THIS SECTION MOVED TO CHAPTERS 17.16 and 17.20 11 17.12.250 Requirement for construction of a six-foot high masonry wall. The City Council finds that there are areas within the city where commercial zones abut residential zones and the construction of a block wall is necessary to protect such residential areas. Any owner, lessee, occupant or agent constructing or causing the construction of any building, building addition, accessory building, or repairs estimated by the Building Department to have a value of ten thousand dollars ($10,000.00) or more upon any commercially used and zoned lot adjacent to property zoned and used for residential purposes shall construct a six-foot high masonry wall along the property line where the commercially zoned lot has a common or rear lot line with a residentially zoned property. Any person desiring to obtain a modification from the provisions of this section may file with the Planning Commission a written application therefor, citing the reasons for such request. The Planning 0 0 Commission shall give the application for such modification an opportunity to be heard if he or she so desires, and thereafter may grant or deny the application for the modification, or may grant the same upon such conditions as the Planning Commission deems necessary for the preservation of the safety, health or property of the general public. Any interested person may appeal the decision of the Planning Commission to the City Council by filing an appeal pursuant to Section 17.124.070 of this code. (Prior code § 9121.24) 11.7.12.260 Garage sales. Persons may engage in the activity of selling goods, wares or merchandise in residential zones, or areas used for residential purposes, only in the manner prescribed herein: A. Such activity shall be conducted within garages, carports, front yards, backyards, patios and walkways located on the resident's property. No goods, wares or merchandise shall be displayed or placed in the public right-of-way. B. All such goods, wares and merchandise shall be the personal property of the resident or his or her co-conductors of the sale and shall be obsolete to his, her or their use. The resident shall not bring or allow new or successive items onto the property to replenish the stock of goods, wares or merchandise. C. No advertising signs shall be posted more than one week prior to the initial sale date. No such signs shall be posted within the public right-of-way except on self-supporting stakes. The conductors of the sale shall remove all signs immediately at the end of the sale. The activity may only be held between the hours of eight a.m. and eight p.m., for a maximum of three consecutive days. D. No more than two garage sales shall be conducted in any six-month period. E. The provisions of this section shall not apply to churches, public schools or charitable organizations if the sale is conducted on the property of the organization and not in a private residence. If such sale is conducted in or on the premises of a private residence all of the provisions of this section shall apply. F. The resident shall first obtain a no-fee city permit and that a copy of such permit shall be displayed at the site of the sale. G. Violation of any provision of this section is determined to constitute an infraction, punishable by a fine not exceeding one hundred dollars ($100.00) for a first violation, a fine not exceeding two hundred dollars ($200.00) for a second violation of the same section within one year and a fine not exceeding five hundred dollars ($500.00) for each additional violation of the same section within one year. A fourth violation within one year shall constitute a misdemeanor. (Ord. 725 § 1, 1993; prior code § 9121.25) 17.12.270 Recycling facilities-- Generally. A. It is the intent and purpose of this section and Section 17.12.280 to encourage the recycling of reusable materials and provide convenient service locations for the citizens of the community as mandated by state law. It is also the intent of this section and Section 17.12.280 to establish minimum standards of development in order to insure compatibility of recycling facilities with the surrounding land uses to protect surrounding property values, and to maintain the health, safety and general welfare of the community. (Prior code § 9121.26) 17.12.280 Recycling facilities-- Development standards. No firm, person or corporation shall permit the placement or installation of any recycling facility without first obtaining an administrative permit from the city Planning Department pursuant to the provisions set forth in this section. The following recycling facilities may be permitted in the C-1, C-3 and M-1 zones provided they are accessary to a principal use and comply with the following standards: A. Reverse Vending Machines. 1. Shall be established in conjunction with a principal commercial use or community service facility which is in compliance with the zoning, building and fire codes of the city; 2. Shall be located within thirty (30) feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation; 3. Shall not occupy parking spaces required by the primary use; 4. Shall occupy no more than fifty (50) square feet of floor space per installation, including any protective enclosure, and shall be no more than eight feet in height; 5. Shall be constructed and maintained with durable waterproof and rustproof material; 6. Shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperable; 7. Shall have a sign area of a maximum of four square feet per machine, exclusive of operating instructions; 8. The property around the reverse vending machines shall be maintained in a clean, litter- free condition on a daily basis. A trash container shall be located near the machine to prevent littering; 9. Operating hours shall be at least the operating hours of the principal use; 10. Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn. B. Small Collection Facilities. Small collection facilities may be sited in C-1, C-3 and M-1 zones with an administrative permit provided they comply with the following conditions: 1. Shall be established in conjunction with an existing commercial use or community service facility which is in compliance with the zoning, building and fire codes of the city; 2. Shall be less than two hundred (200) square feet in area not including space that will be periodically needed for removal of materials or exchange of containers; 3. Shall be set back at least ten feet from any street line or public sidewalk and shall not obstruct pedestrian or vehicular circulation; 4. Shall accept only glass, metals, plastic containers, papers and reusable items; 5. Shall use no power-driven processing equipment except for reverse vending machines; 6. Shall use containers that are constructed and maintained with durable waterproof and rustproof material, covered when site is not attended, secure from unauthorized entry or removal of material and shall be of a capacity sufficient to accommodate materials collected and collection schedule; 7. Shall store all recyclable material in containers or in the mobile unit vehicle, and shall not leave materials outside of containers when attendant is not present; 0 0 8. Shall be maintained free of litter and any other undesirable materials, and mobile facilities, at which truck or containers are removed at the end of each collection day, shall be swept at the end of each collection day; 9. Noise levels shall comply with the noise standards of this code; 10. Attended facilities located within one hundred (100) feet of a property zoned or occupied for residential use shall operate only during the hours between nine a.m. and seven p.m.; 11. Containers for the twenty-four (24) hour donation of materials shall be at least one hundred (100) feet from any property zoned or occupied for residential use; 12. Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and the telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers; 13. Signs may be provided as follows: a. Recycling facilities may have identification signs with a maximum of twenty (20) percent per side or sixteen (16) square feet, whichever is larger, in addition to informational signs required in subsection (B)(12) of this section; in the case of a wheeled facility, the side will be measured from the pavement to the top of the container. b. Signs must be consistent with the character of the location. c. Directional signs, bearing no advertising message, may be installed with the approval of the Planning Department if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way; 14. The facility shall not impair the landscaping required by local ordinances for any concurrent use by this title or any permit issued pursuant thereto; 15. No additional parking spaces will be required for customers of a small collection facility located at the established parking lot of a host use. One space will be provided for the attendant, if needed; 16. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present; 17. Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary host use unless all of the following conditions exist: a. The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation. b. A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site. c. The permit will be reconsidered at the end of six months. A reduction in available parking spaces in an established parking facility may then be allowed as follows: For a commercial host use: • 0 Number of Available Parking Spaces Maximum Reduction 1 0-25 0 26-35 I 36-49 3 1 50-99 1 100+ For a community facility host use: A maximum five spaces reduction will be allowed when not in conflict with parking needs of the host use; 18. If the permit expires without renewal, the collection facility shall be removed from the site on the day following permit expiration. C. Large Collection Facilities. Large collection facilities may be permitted in the C-3 and M-1 zones subject to a valid conditional use permit approved by the Planning Commission and meeting the following standards: 1. No large collection facility shall be located in any C-3 or M-1 zoned property which currently has all or a portion of the property utilized for residential purposes; 2. Shall be at least one hundred (100) feet away from any property zoned or designated by the General Plan for residential use; 3. Shall be screened from the public right-of-way by operating within an enclosed building or within an area enclosed by a solid fence at least six feet in height, and all applicable noise standards stipulated in this code shall be met. The fence shall be set back five feet from property line and the setback area shall be permanently landscaped and maintained; 4. All exterior storage of material shall be in either baled or palletlzed form, or in sturdy containers which are covered, secured and maintained in good condition. Storage containers for flammable material shall be constructed of non flammable material. No storage, excluding truck trailers or overseas containers, may be visible over the height of the fencing; 5. Site shall be maintained free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis. A trash container shall be located near the facility to prevent littering; 6. Parking and turn-around space shall be provided on-site in an amount adequate to serve the anticipated peak customer load or five vehicles, whichever is higher, to circulate and to deposit recyclable material; 7. One parking space for each employee and each vehicle operated by the recycling facility shall be provided on-site. The parking are thus created shall be exclusive of the circulation/drop-off area stipulated in subdivision 6 of this subsection; 8. Noise levels shall comply with the noise standards of this code; 9. If the facility is located within five hundred (500) feet of the property zoned or planned for residential use, it shall not be in operation between the hours of seven p.m. and seven a.m.; 10. Any containers provided for after-hours donation of recyclable materials shall be at least fifty (50) feet from any property zoned or occupied for residential use; shall be of sturdy, rustproof construction; shall be of sufficient capacity to accommodate materials collected; and shall be secure from unauthorized entry or removal of materials; 11. Donation areas shall be kept free of litter and any other undesirable material, and the container shall be clearly marked to identify the type of material that may be deposited; facility shall display a notice stating that no material shall be left outside the recycling containers; 12. Facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation; identification and informational signs shall meet the standards of the zone; and directional signs, bearing no advertising message, may be installed with the approval of the Planning Director, if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way; 13. Power-driven processing, including aluminum fail and can compacting, baling, plastic shredding, or other light processing activities necessary for the efficient temporary storage and shipment of material, may be approved if noise and other conditions are met. (Prior code § 9121.28) 17.12.290 Variable height. In addition to the height requirements set forth in each zone, the following development standards shall apply. When requirements conflict with other sections of this code, the most restrictive shall apply: A. All commercial and industrial zones shall have a variable height limitation established when abutting R-1 and R-2 zones: 1. C-1, C-3, CBD, P-O and commercial P-D rear yard limitations: establishing a height at six feet above finished grade of adjacent residential property line, a twenty (20) degree incline plane is projected that establishes the height limitation. 2. M-1 rear yard height limitations: establishing a height of nine feet above finished grade of adjacent residential property, a twenty (20) degree incline plane is projected. 3. Side Yard Height Limitations. In all zones, except for R-3, buildings shall be a maximum height of fifteen (15) feet, twenty (20) feet from the side property line, with a forty (40) degree inclined plane projected six feet high from property line to establish the height limitation. B. When street frontage is opposite R-1 or R-2 zones, the inclined plane set forth in subsection (A)(3) of this section shall be used, commencing at a height of thirty-five (35) feet from the residential street property line. C. In all zones, accessory buildings and structures, when abutting R-1 and R-2 zones, shall not exceed a height of nine feet above the adjacent residential finished grade, and when abutting R-3 development, the height shall not exceed fifteen (15) feet provided a five-foot setback is maintained. D. When any lot or parcel of land, except in an R-1 or R-2 zone, sides on or backs up to residentially zoned property, all doors, windows, light wells, stairways, walkways, and the like within sixty-five (65) feet of property line and above the first floor shall be screened so as to prohibit viewing of the adjacent residential zones. (Prior code § 9121.29) 17.12.300 Trash enclosure. Enclosed solid waste storage collection areas shall be conveniently located and shall be an integral part of the architectural development of a property. Enclosure dimensions shall be a minimum of 6.5 feet in depth by 7.5 feet in width. Trash enclosures shall be constructed with reinforced masonry block walls not less than six feet in height and equipped with self-closing doors. No trash enclosure shall be located in any required parking stall, back-up aisle, or landscaping area. (Prior code § 9121.30) 17.12.310 Required setbacks abutting more restrictive zones. Notwithstanding any other provision of this title, when any zone abuts an R-1, R-2 or R-3 zone, the setback of the most restrictive zone shall apply for a distance of fifty (50) feet from the common property line. (Prior code § 9121.31) 17.12.320 Use of trailers. No trailer shall be permitted in any zone for any use, except as follows: A. Residential Zones. In the R-1 and R-2 zones, a residential travel trailer may be stored. At no time shall any travel trailer be utilized for living purposes. However, a temporary non-fee permit may be issued, not to exceed two weeks in any six months, for the use by the owner of the property or their invited guests. B. Commercial and Industrial Zones. In the C-1, C-3, CBD, P-D and M-1 zones, a residential travel trailer may be stored, provided it is not visible from the street. However, at no time shall a travel trailer be used for living or business purposes. A nonresidential trailer, as defined in subdivision 1 of this subsection, may be used for a period of not to exceed one year as a temporary office used only by employees of the principal business or use occupying the property not open to the general public. The use of any trailer shall be contingent upon the principal business and trailer meeting off-street parking requirements. All nonresidential trailers shall be architecturally compatible with surrounding buildings and fitted with appropriate skirting, landscaping and other screening devices. 1. A nonresidential trailer shall include any trailer coach designed for human use, occupation or habitation, other than for residential purposes. Any such trailer shall be installed and maintained in accordance with the Uniform Building Code, Fire Code, provided no piping for water is permitted and the appropriate permits are obtained. C. Other Uses. 1. Trailers may be used as construction offices on or adjacent to any site on which a building permit has been issued and the project is being diligently pursued. Such trailers shall be removed upon expiration of the permit or completion of project. 2. Trailers may be used for the dispensing of food items on properties owned by a public entity in conjunction with youth nonprofit recreational activities. 3. Any trailer uses not meeting the above standards may apply for a conditional use permit pursuant to Section 17.112.030 of this code. (Prior code § 9121.32) E E Chapter 17.16 SINGLE FAMILY R-1 REGULATIONS 17.16.010 Applicability. The following regulations shall apply in the R-1 single-family residential zone unless otherwise provided in this title. (Prior code § 9104) 17.16.020 Permitted uses. A. A one-family dwelling, subject to the lot designations and regulations contained in Ch. 17.84; B. The accessory buildings necessary or incidental to such use located on the same lot or parcel of land including a private garage, the capacity of which shall not exceed three automobiles; C. The noncommercial growing of nursery stock, field crops, tree, bush and berry crops, and vegetable or flower gardening; D. Household pets, not to exceed three animals, over four months of age, for each dwelling unit. This provision shall not be construed to permit any animal capable of inflicting harm or discomfort or endangering the health and safety of any person or property; E. Where a dwelling exists, prior to the effective date of this title, on the rear portion of the lot and at least seventy-five (75) feet back of the front lot line, a new dwelling may be constructed and maintained on the front portion of the lot, provided there shall be a minimum distance of twenty (20) feet between the new dwelling and the old dwelling on the rear of the lot which shall be converted to an accessory building by the removal of all kitchen facilities; F. Storage of building materials, used in the construction of a building or building project, during the construction and thirty (30) days thereafter, including the contractor's temporary office provided that any lot or parcel of land so used shall be a part of the building project, or on property adjoining the construction site; G. Living quarters for servants employed in and by occupants of a single-family residence, attached to such residence, if no additional kitchen or kitchen facilities or equipment or cooking facilities or equipment be established or maintained in such attached servant quarters. (Prior code § 9104.1) 17.16.030 Uses permitted with a conditional use permit. Ch. 17.112 lists uses that are permitted in various zones pursuant to securing a conditional use permit in accordance with the standards and procedures set out in this title. (Prior code §9104) The following additional conditional use permit requirements shall apply.. A A CUP shall be required for any lighted outdoor sporting field or court (tennis, basketball, etc.). B A CUP shall be required for the addition of any fill that would raise building pad or front yard elevation by more than 24" above natural grade. 17.16.040 Building height maximum. Twe and ene half StOFies 8F th;-4-7, five "35) feet, whiEheyef: is less. (PF'ef= Eede §-9404-.-2-) A. New homes and remodels shall not have more than two floors. B The maximum height for a one-story unit shall be 18-feet' the maximum height for a two-stody unit shall be 30 feet. ■ Dormer windows ■ Architectural shutters ■ Proiectina balconies ■ Bay windows ■ Decks 17.16.050 Front yard minimum. 40 Twenty (20) feet, except that no garage portion of a main building shall be nearer than twenty-five feet from the front property line of the lot if the opening for automobile access to such garage portion faces the street. (Prior code § 9104.3) 17.16.060 Side yard minimum. -feet:-(Pr' feet, whichever is greater. 17.16.070 Rear yard minimum. Twenty-five (25) feet or twenty (20) percent of the depth of the lot, whichever is less. Whenever a dwelling has more than four bedrooms and over two thousand (2,000) square feet of living area, a rear yard minimum of thirty-five (35) feet shall be required, and the yard shall be maintained as a recreational area and/or landscaped. (Prior code § 9104.5) 17.16.080 Lot area minimum. Six thousand (6,000) square feet with not less than six thousand (6,000) square feet of lot area per dwelling unit. (Prior code § 9104.6) 17.16.090 Lot width minimum. Fifty (50) feet at the front property line. (Prior code § 9104.7) 17.16.100 Lot location. Any lot shall have frontage upon a public street. (Prior code § 9104.8) 17.16.110 Floor area maximum and minimum. A. Residential buildings shall have a minimum ground floor area, exclusive of open porches or garages, of one thousand (1,000) square feet. (Prior code § 9104.9) B. The area of the second floor shall not exceed two-thirds the floor area ratio of the first floor. 17.16.120 Parking requirements. There shall be provided on the same parcel of land not less than two parking spaces for each dwelling unit, except that for dwellings which contain over four bedrooms and over two thousand (2,000) square feet of living area, no less than three parking spaces shall be provided. Each such parking space shall be not less n than ten feet wide, seven feet high, and twenty (20) feet long and shall be in a garage. (Prior code § 9104.10) 17.16.130 Lot coverage. Standards regulating the extent a lot may be improved have been established in order to prevent excessive development and to maintain landscaped areas where water may be absorbed. The following standards apply to the R-1 zone: A. Floor-Area Ratio (FAR). Residential development shall not have a floor-area ratio that exceeds forty-five (45) percent, to be calculated pursuant to Section 17.04.020. In addition, any residential dwelling that exceeds 2,500 square feet of living area shall require a conditional use permit pursuant to Section 17.112.030. B. Impervious Surfaces/Landscaping. Pedestrian walkways, vehicular access ways and other impervious surfaces shall not collectively occupy more than fifty (50) percent of front and side yard areas that are visible from a public right-of-way. Addition of impervious surfaces in these areas shall require a site plan subject to the approval of the Director of Planning. All other portions of these areas shall be landscaped with lawn, trees, shrubs and other plant materials in compliance with any drought tolerance requirements in effect. Landscaped areas shall be permanently maintained in a neat and orderly manner. 1. Front Driveway. Vehicle access ways (driveways) serving front facing garages shall be set back at least three feet from any side property line. The maximum width of the access way shall not exceed twenty-five feet for a two-car garage or thirty-five feet for a three-car garage. 2. Walkways. Pedestrian walkways on private property shall not exceed five feet in width when located in front or side yard areas. (Ord. 754 § 2, 1995: prior code § 9104.12) C A home that exceeds the size of the larkest adjoining home by more than 20% shall be required to add, subject to a Site Plan Review approval, at least one of the following features: ■ Roofline with height and plane changes ■ Reduced eave height D. When two or more lots are mewed the allowed Lot Coverage and FAR shall be no larger than 150% of the allowance that would occur for the largest single lot. 17.16.140 Flag lot development. In order to provide the opportunity for single-family residential flag lot development, and to maintain the integrity of existing single-family areas, the following regulations and criteria of evaluating flag lot development are established. However, in no case shall more than three flag lots be allowed within any subdivision consideration. A. All development standards and definitions contained within this title shall continue to be applicable and in force unless otherwise specifically addressed within this section. Particular reference is made to Section 17.16.090 pertaining to a minimum fifty (50) foot street frontage. The applicability of this requirement to non-flag lot parcels, which may be part of the land division under consideration, is emphasized for clarity. B. Front Yard. For the purposes of this section, a "front yard" is defined as that area which extends across the width of the lot, or as otherwise defined within Section 17.04.020 and is immediately adjacent to the flag lot vehicular access leg, which connects to the public street. Such vehicular access leg is exclusive of a front yard setback area, as set out in Appendix A, attached to the ordinance codified in this title. C. Front Yard Setback. Those front yard setback requirements contained within Section 17.16.050 shall apply; provided, however, that for the purposes of measurement, the following methods shall be applicable, and as set out in Appendix C attached to the ordinance codified in this title. 16.17.200 R-1 Residential Design Incentives 0 When incorporated into new R-1 residential homes or remodels, the following design elements will result in the approval of additional development area and/or favorable staff recommendation. A. Additional Development Area Incentives 1 A second story _top plate that does not exceed 20'-0" in height frontaoe. 5 A landscape plan that incorporates three or more mature trees (24" box or larger) 6 Placement of the garage at the rear of the residential structure or a tandem garage design. 7 A new single-story home (instead of two-story). 8.__ Minimum 18-inch eave overhangs with exposed decorative wood eave and rafter tails 9. Us~~ae rinc;o.i~ fiat are recessed a minimum of four inches on the front elevation. B. Favorable Staff Recommendation Incentives 1 A favorable staff recommendation will be given for CUP applications that incorporate, in stafrs 6 Usage of a wide variety of drought-tolerant plant materials as well as automatic irrigation with moisture sensors. 7 Usage of interlocking pavers decomposed granite or other decorative landscape materials for walkways and driveways. 8 Usage of windows that are recessed a minimum of four inches on the front elevation. 9 Usage of true divided light windows doors and side lights. 10 Usage of single-hung or double-hung windows. 16.17.210 ADDITIONAL REQUIREMENTS A The City shall reQuire CEOA documentation, including an historical assessment, for any application to demolish an existing home that may qualify as having historical value under local state and/or federal guidelines. • CHAPTER 17.20 LIGHT MULTIPLE RESIDENTIAL R-2 REGULATIONS 17.20.010 Applicability. The following regulations shall apply in the R-2 light multiple residential zone unless otherwise provided in this title. (Prior code § 9105) 17.20.020 Permitted uses. A. Any use and development standard permitted in the R-1 zone including flag lot developments; B. A two-family dwelling or two one-family dwellings; C. Accessory buildings as provided in the R-1 zone. (Prior code § 9105.1) 17.20.030 Uses permitted with a conditional use permit. Chapter 17.112 lists uses that are permitted in various zones pursuant to securing a conditional use permit in accordance with the standards and procedures set out in this title. (Ord. 761 § 4, 1995: prior code § 9105.1.1) The following additional conditional use permit requirements shall apply. A A CUP shall be required for any lighted outdoor sporting field or court (tennis, basketball, etc.). 17.20.040 Building height maximum. Two steries or thiFty (30) feet, whiehever is less. (Prier. eede S 9-105.2~ A. New homes and remodels shall not have more than two floors. B The maximum height for a one-story unit shall be IS feet; the maximum height for a two-story unit shall be 30 feet. ■ Dormer windows ■ Architectural shutters ■ Proiecting balconies ■ Bav windows 17.20.050 Front yard minimum. Twenty (20) feet, except that no garage portion of a main building shall be nearer than twenty-five (25) feet from the front property line of said lot if the opening for the automobile access to such garage portion faces the street. (Prior code § 9105.3) 17.20.060 Side yard minimum. 0 0 A. , five feet, emeept that eFi the StFeet side ef a EeffieF let d9eFe shall be a 17.20.070 Rear yard minimum. Twenty (20) feet or twenty (20) percent of the depth of the lot, whichever is less. Whenever a dwelling has more than four bedrooms and over two thousand (2,000) square feet of living area, a rear yard minimum of thirty-five (35) feet shall be required, and the yard shall be maintained as a recreational area and/or landscaped. (Prior code § 9105.5) 17.20.080 Lot area minimum. Six thousand (6,000) square feet with not less than four thousand five hundred (4,500) square feet of lot area per dwelling unit. (Prior code § 9105.6) 17.20.090 Lot width minimum. Fifty (50) feet at the front property line. (Prior code § 9105.7) 17.20.100 Lot location. Any lot shall have frontage upon a public street. (Prior code § 9105.8) 17.20.110 Distance between buildings. A. -There shall be a minimum distance of twenty (20) feet between buildings used for dwelling purposes on the same lot. (Prior code § 9105.9) B. The area of the second floor shall not exceed two-thirds the floor area ratio of the first floor. 17.20.120 Floor area minimum and maximum. A. Residential buildings shall have a minimum ground floor area, exclusive of open porches or garages, of seven hundred fifty (750) square feet per dwelling unit. (Prior code § 9105.10) B. The area of the second floor shall not exceed two-thirds the floor area ratio of the first floor. 17.20.130 Parking requirements. A. There shall be provided on the same parcel of land not less than two parking spaces for each dwelling unit, except that for dwellings which contain over four bedrooms and over two thousand (2,000) square feet of living area, no less than three parking spaces shall be provided. Each parking space shall be not less than ten feet wide, seven feet high, and twenty (20) feet long and shall be in a garage. (Prior code § 9105.11) B. Vehicles may not be parked on any lot except in the garage or on the driveway or parking apron. 17.20.140 Lot coverage. 0 0 E No accessory buildings in the R-1 zone shall be located nearer than three feet to any interior property line. 17.20.170 Yard encroachments. between buildings not to exceed two feet. B Open unenclosed, uncovered porches platforms or landing places which do not extend above the level of the first floor of the building, may extend into any front, side or rear yard not more than six feet. C Detached accessary buildings may occupy side and rear yards as provided in Section 17.12.150. property line (Amended during 1999 codifications prior code 5 9121.16) 17.20.180 Fences, walls and hedges. Fences walls hedges trees shrubs Flowers, walks, driveways and similar landscaping may occupy front side and rear yards except as follows: A. In the R-1 and R-2 zones no fence, wall or hedge located in the rear or side yards shall exceed a height of six feet. B In the R-1 and R-2 zones no fence wall or hedge located in the required front yard shall exceed a height of thirty-six (36) inches. e 0 or wall less than six feet in height- E. The provisions of this section shall not apply to a fence or wall as required by any law or regulation of the state of California or any agency thereof. 17.20.200 Storage in vards. 17.20.210 Uses subiect to Planning Director review and approval. 17.20.220 R-2 Residential Development Design Standards A At least 50% of the street-facing wall of the second floor shall be set back a minimum of 10- feet from the street-facing wall of the first floor. B Reflective building materials are prohibited C Exterior Paint Colors shall not exceed a Light Reflective Value greater than 40% No portion of any side yard or rear yard or the street side of a corner lot. or any portion of the The Planning Director may grant a modification from a setback or fence requirement of up to 0 0 17 20 270 ADDITIONAL REQUIREMENTS A The City shall require CEOA documentation including an historical assessment, for anv application to demolish an existing home that may qualify as having historical value under local, state and/or federal guidelines. §17.112.030.26 • Section 17.112.030.26 CONDITIONAL USE PERMIT Any residential dwelling in the R-1 and R-2 zones that exceeds three twe thousand five hundFed (2,50G) (3,000) square feet of developed living area subject to the following conditions: a. The granting of such conditional use permit will not adversely affect the established character of the surrounding neighborhood or be injurious to the property or improvements in such vicinity and zone in which the property is located. b. Architecture of the dwellings shall be consistent with and/or complementary to the surrounding neighborhood to assure the neighborhood's integrity and the character of the community. ~J ATTACHMENT B 1] PROPOSED CITY OF ROSEMEAD DESIGN GUIDELINES City of Rosemead Municipal Code Amendment Negative Declaration