CC - Item 3B - Single Family Residential Design Guildelines•
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: ANDREW C. LAZZARETTO, CITY MANAGE
DATE: May 8, 2007
SUBJECT: SINGLE-FAMILY RESIDENTIAL DESIGN GUIDELINES
SUMMARY
On April 10, 2007, staff presented proposed single-family residential design guidelines and
municipal code text amendments to the City Council for adoption during the required public
hearing. Due to several requests made for additional design issues to consider by both
the public and members of the City Council, the public hearing item was continued for 30
days.
Staff has carefully reviewed and considered each of the comments received, regarding the
proposed single-family residential design guidelines and municipal code text amendments.
Revisions have been made to both the guidelines and ordinance where staff determined
appropriate. This report has been prepared to review the revisions and address each of
the issues that was raised at the public hearing before the City Council.
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.
ANALYSIS
The majority of the code amendments and the proposed design guideline
recommendations were considered by the public and the City Council to be a very positive
change for the City. However, the following paragraphs outline several areas where staff
did not receive adequate City Council direction, and consensus is still needed. A final
APPROVED FOR CITY COUNCIL AGENDA: K
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City Council Report
May 8, 2007
Page 2 of 7
section will outline requests from the public which have been addressed in the new
guidelines and code amendments or an explanation of why the requests are not
appropriate at this time.
Issues that require City Council staff direction for inclusion or modification included:
minimum threshold for size of residences which will require a conditional use permit (CUP)
(2,500 s.f. vs. 3,000 s.f.); parking of motor/recreational vehicles on areas other than
driveways and garages; maximum fence height reduction for front yard areas from four
feet to three feet; minimum second floor wall "sitbacks" or offsets of 5 feet versus 2 feet for
walls longer than 25 feet; Prohibition on mirror like film tint or mirrored/tinted windows;
conflicts with proposed new general plan and zoning designations.
CUP Threshold Requirement
At the public hearing before the Planning Commission, the Commission
unanimously reversed the staff recommendation to increase the threshold for the
requirement of a CUP from 2,500 square feet to 3,000 square feet and
recommended that the standard be left in its current form in the zoning ordinance.
The City Council discussed the issue, however consensus was not reached on
whether the CUP requirement should be kept in its current form or increased to
3,000 square feet.
Staff Response: The CUP threshold should be increased to 3,000 square feet. The
new single-family "design guidelines" and zoning development standards would
ultimately regulate good design principles. Increasing the CUP threshold would be
cost effective to both property owners and the City. City staff would still review each
project as thoroughly as before, however staff time used for preparing staff reports
and presentations would be reduced. Reducing the amount of staff time spent on
such entitlement applications would also decrease the average project turn-around
time in the Planning Division.
Parking Restrictions
The City Council suggested that code standards should not prohibit the parking of
personal motor homes, boats and similar vehicles in yard areas that may be
appropriate storage areas.
Staff Response: Due to the potential view impact to surrounding homes, staff does
not recommend allowing permanent storage of motor vehicles, trailers, or boats in
any portion of a residential front yard or side yard on the street side of a corner lot.
If a property owner received approval to install additional hardscape directly
adjacent to a new or remodeled residential driveway, such vehicles could occupy
other yard areas. This code section was modified to allow for driveway areas to be
expanded allowing for storage if appropriate paving is provided and approved
through a site plan approval by the Planning Division.
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City Council Report
May 8, 2007
Page 3 of 7
Issue: Maximum Front Yard Fencing Height
The City Council suggested that the existing maximum allowable front yard fence
height of four feet remain, in order to provide a safe enclosure for children playing in
front yard areas and to not create legal, non-conforming fences throughout the
community.
Staff Response: Fencing usually breaks up shared open space and creates a
sense of fortification that minimizes the visibility of plant materials. Taller fence
heights can lead to visual clutter of a neighborhood if not designed with attractive
materials and colors or if they are incompatible with the architecture of the
residence. For these reasons, staff recommends that the front yard fencing height
not exceed 36 inches and require a site plan approval from the planning
department. It is also recommended that the lower fence incentives remain for
additional Floor Area Ratio (FAR) increase. It is also a requirement to receive a site
plan review approval from the Planning Division, outlining the materials and details,
prior to installation to ensure attractive design elements and colors.
• Second-Floor Design Standards
It was suggested that larger second floor "sitbacks" to break up large wall expanses
was infeasible due to structural concerns and loss of second floor area.
Staff Response: After consulting with architects on the issue of structural problems,
it was ascertained that simple beam supports can accomplish five foot "sitbacks" to
break up the blank wall areas. The design complications are minimal and not
economically infeasible. Also, the requirement to reduce the second floor by 25%
compared to the first floor can be accomplished with this type of design element. It
is recommended to leave the standard in place.
Mirrored Windows
The City Council recommended that the design standards should make allowance
for mirrored window film that reduces interior heat gain and thereby reduces energy
demands.
Staff Response: Window glass should be selected to avoid or minimize glare, so as
to not impact surrounding residences. For this reason, staff recommends
prohibiting mirror-like window treatments. Staff prefers that low-"e" glazing be used
to achieve energy efficiency, rather than installing heavily tinted glass or window
film. If such window materials were proposed, staff would review the product
specifications on a case by case basis to ensure neighborhood compatibility.
Analysis of film tint products on the market revealed to staff that if after market film
is applied, a minimum of 49% or greater visible light transmission be a threshold.
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City Council Report
May 8, 2007
Page 4 of 7
General Plan Consistency
The City Council expressed concerns that upcoming general plan land use map
changes would be conflicting with these standards and new "legal non-conforming"
issues would result. Staff was directed to verify that proposed municipal code
revisions would not conflict with forthcoming general plan update land use
designation changes.
Staff Response: Staff is able to confirm that the General Plan update will not entail
modifications to the existing R-1 and R-2 residential district boundaries.
The following issues were raised by the audience during the public hearing :
• Issue: Web Page Postings
Several speakers requested that the City post CEQA documents and the proposed
municipal code amendments on the City's website for ease of access.
Staff Response: In response to this request, staff posted proposed Ordinance 851,
the single family residential design guidelines, and initial study on the City's website
on May 3, 2007.
Issue: Additional Design Incentives
It was requested that staff consider the following, additional design incentives:
energy efficient design elements (such as solar tiles), use of porous hardscape
surfaces (to minimize runoff, maximize infiltration), use of below-grade basement or
below-grade split level design to accommodate living area and use of extra
landscape to reduce heat-island effects, and use of drought tolerant landscape
materials.
Staff Response: Staff designed the proposed incentive program to encourage
desirable design features by offering modest increases in building area. The
majority of the incentives specifically target achieving an improved aesthetic
appearance of a dwelling and reducing negative impacts to surrounding homes.
However, the use of drought tolerant landscape materials and decorative, porous,
hardscape (such as interlocking pavers or turf block) were already included as
design incentives. Staff does not recommend including energy efficient design
incentives, as the Building and Safety Department currently enforces compliance of
California's energy efficiency standards, also known as Title 24. Staff is also
currently in the process of incorporating energy efficiency goals and policies into the
General Plan update within the next few months. It is staffs opinion that below-
grade basements or split-level designs to accommodate living area would not be a
feasible incentive. Most neighborhoods in the City are comprised of flat areas and
there may not be enough natural gravity flow from sewer lines to the street.
Therefore, such a design would require very expensive pumping systems, which
would make such projects economically prohibitive. Below grade designs are
generally considered for sites with slopes that require split levels for aesthetic
City Council Report
May 8, 2007
Page 5 of 7
enhancements to blend into hillside environments.
Issue: Application and Review Process
It was suggested that the CUP review be conducted by an Architectural Review
Committee, comprised of trained experts from the City, instead of a Design Review
Committee, comprised of citizens who may not have relevant training. One speaker
suggested that applicants be required to demonstrate neighborhood notification and
review of proposed plans, and that the fee structure should not be so high as to
prohibit modest remodels.
Staff Response: The Planning Commission is the City's quasi-judicial appointed
group of officials who have the authority to approve discretionary projects, subject to
appeal to the City Council. The Commission always receives and reviews
informative reports from the Planning Division before making their decisions. In the
summer of 2006, staff held an educational "mansionization" workshop for the
Planning Commission. With regards to the project noticing process, staff currently
notifies all property owners within a 300-foot radius of each proposed project site for
CUP hearings. In addition to a project description, the meeting time and location,
each notice also informs nearby property owners that plans and pertinent project
information are available at City Hall for review prior to the scheduled meeting.
Currently, all residential additions that are less than 25% of the area of the existing
dwelling unit are reviewed by staff at no charge. All other additions above this limit
that do not require Planning Commission approval are reviewed for a fee of
$225.00.
Expanded Guidelines to Address High-Density
It was suggested that the Planning Department consider developing design
guidelines and code standards for the R-3 and R-4 zones.
Staff Response: The Planning Department focused immediate attention on single-
family residential design guidelines and code amendments since the majority of the
residential projects fall within these zoning districts. Staff will be proposing code
amendments to the remaining portions of the zoning code once the comprehensive
general plan update is complete. However, staff is currently working on developing
mixed-use design guidelines for multi-family and commercial projects, which will be
presented to Council in the next few months.
Maximum Building Height
That the maximum height be raised to 28 feet or greater to allow for attic space to
install and service HVAC equipment on two-story homes and not set a maximum
height for single-story homes.
Staff Response: Staff agreed with this request and has raised the maximum height
to 30 feet for two-story homes and eliminated the maximum on single story homes.
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City Council Report
May 8, 2007
Page 6 of 7
Second-Story Floor Area Maximum
A recommendation was made to increase the allowable second-story floor area to
75% of the first floor area instead of the 66% outlined in the proposed guidelines.
Staff Response: Staff agreed with this request and has modified the document to
allow for a second-story floor area of 75% of the first floor habitable area.
• Second Floor Front Wall Area Setback
A recommendation was made to decrease the percentage of area of second floor
front wall to be set back a minimum of 10 feet from the first floor wall. The request
was to go from a minimum of 50%, down to 40%.
Staff Response: Staff agreed with this request and lowered the percentage from
50% to 40%.
Simplify & Modify the Incentive Program
A recommendation was made to modify the incentive schedule to give a higher
incentive bonus percentage to more desired aesthetic treatments to the homes.
Staff Response: Staff agreed with this request and modified the incentive table in
the Single Family Home Design Guidelines to assign a higher percentage bonus to
the most desired design elements.
R2 Floor Area Ratio of 45%
A recommendation was made to leave the existing maximum 45% FAR for R-2
properties unless a single family home was proposed for an individual lot.
Staff Response: Staff does not agree with having different FARs for the two
different zones. Most all of the flag lot subdivisions and home construction is very
similar between the two zones and the difference between the 40% versus the 45%
is not a large amount of square footage. It is also staff's opinion that the FAR
requirement be limited to 35%, with modest increases in area through the incentive
program. The number of large R-2 lots in the City is decreasing, as many property
owners find that subdividing their lots provides greater profitability
Side Yard Setbacks on Second Floors
A recommendation was made to duplicate the City of Temple City's second floor
wall, side-yard setback criteria. This change will allow for a combined total side
yard setback of fifteen feet at any second floor cross section to facilitate improved
design flexibility.
Staff Response: Staff agreed with the change to allow for more design flexibility by
incorporating a 15 foot combined side yard (second story) setback for both sides to
equal the 15 foot minimum. The design standards and code amendments have
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City Council Report
May 8, 2007
Page 7 of 7
been modified to reflect this change.
All revisions mentioned by the public above have been incorporated into the proposed
single-family design-guidelines and municipal code text amendments. 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, as well as, the "Single Family Home Design
Guidelines" to supplement the new development standards.
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:
Jesse Duff
Director of Community Development
Prepared by:
Brad Johnson
Planning Services Administrator
Attachment A:
Ordinance 851
Attachment B.
Single Family Home Design Guidelines
Attachment C:
Initial Study
Attachment D:
Public Comment Suggestions from Kamen Lai
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ORDINANCE NO. 851
AN ORDINANCE OF THE CITY COUNCIL OF 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 "Single Family Design Guidelines" for R-1 and
R-2 zoning districts.
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 internal
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
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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:
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
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3.4 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)
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17.12.050 Access to property.
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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
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
pressing only;
8. Dry goods or notions stores;
agencies, including spotting, sponging and
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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.
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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.
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.
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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)
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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)
IGGated at a diMaRrae less t
haR sixty (60) peFGen
t ef
the depth of the lat ftem the
line
frnn
t
F niRet
FG
t
(90) feet whirhpupr i
c_I
y
_
P
peF
O
y
r
4 zeRes shall be IGGated at a distaF;Ge less thaR twenty (20) feet fFGFR the side
Srrcti ctreet lino
-m-r-.
line
in the R 1, R 7, crcci R R 2 R A "r A l zn~shall eGaterl 0of eF to fli. the de lot mG
~~~F* -rr-r
the key lot in the rear
8
0
17.12.1460 Through lots.
0
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 17.16.200
shall apply to such rear yard. (Prior code § 9121.15)
eFts aRd
Gara
es
GaF
D
pot F
atios Fna
GGGU
nn
rp
t
han fift
eFGeRt of a
(60)
g
,
p
.
PY
p
y
a
e
-
y
p
9
0 0
17.1-2.180- FeRGes, walls and hedges.
FeRGes, walls, hedges, tFees, ShFUbS, flowers, walks, dFiveways aRd 6iFn*la.F
Few 9r 61de vaFdr-, rshall eXGeed ° height of °iv feet
B. In the R 1 R 7 zones no #en lengted in the
five feet of the s
tFeet s*de 9F within ten
feet of the rear line ef a FeveFsed
GeFReF lot
te th
shall
e
ht
e
Geed a
hei
of fouF feet
t
,
X
-
g
.
In the R 1 R
D
7 R 3R
A "nd A 1 Z
GReG-R9-baFbed
WiFshall be Wv
ee yr
.
*
i
l
l
Fna
ntained iR 9
F about th
e G9RstFWGt
G
R of a feRGe, wal
9F hedge a
on
g the ,
r
+
"PRIVATE
f
lI
iR
~
rr
Q
GW
q
pGiRt6 shall pFejeGt at the tep of any feRGe OF wall lese, thaR 6iX feet in height.
of
t
n
vac
an
n
n
"
II
h
ll b
de~Red
LI
F6uant to the L96 An
eles GOURt
BUildiRg code a6
d
s
d b
t
th
e
a
e Git
P
II
g
II
y
a
op
y
e
!
k
y
d
F
.
ur
ose
GG
t
e
O
r
t
ansient6 9F loiteFln
o
YiFtue
r is b
,
p
p
of its unatteRded
t
t
t
ti
l h
F
t
ealth
:Are O
q,
Fd
(PFiOF
F Gafet
haZa
y
Gode § 9 121
-4-7-)
s
a
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s a pe
e
n
a
,
-
.
y
10
•
•
No POFtiGR of any side yaFd OF the GtFeet side of a GGFneF 10t, OF any PGFtiOR ef the
17.12.150200 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)
17.12.160240 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)
17.12.170220 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)
17.12.180230 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
11
• •
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)
Th
e
ea+ + „f
to
tweRt -(20)
eFGeRt OR a residential- zeRe whe^ this
Teq
is
p
3Rd iRSUbStiaRtial that ap
liGatieR to the PlaRRiR
p
g
cede 9121.23)
17.12.190260 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.
12
• i
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 therefore, 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)
17.12.2002-60 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.
13
• •
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)
17.12.210270 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)
17.12.220290 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;
14
0 •
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;
15
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;
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
• 0
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:
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;
17
• •
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 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
18
• •
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 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)
17.12.230290 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)
19
17.12.240300 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)
17.12.2503-1-0 Required setbacks abutting more restrictive zones.
Not withstanding 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)
17.12.260330 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
20
i
•
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)
21
! !
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;
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.
22
• •
A. A CUP shall be required for any lighted outdoor sporting field or court (tennis, basketball,
etc. .
17.16.040 Building height maximum.
Two and one half StWies oF thiFty five (35) feet, whiGheyeF is ler,6. (PFiGF Gede § 9104.2)
A. New homes and remodels shall not have more than two floors.
B. The maximum height for a two-story unit shall be 30 feet.
17.16.050 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 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.
B. Corner Lots: Each corner lot shall maintain the following side yard requirements:
23
point shall the second story setback be less than the first floor setback on any lot.
0
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 thaR six thousaRd (6,900) squaFe feet of le
. (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 75% the floor area ratio of the first floor.
17.16.120 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 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 feFty five (45) peFGen , thirty-five (35) percent, to be calculated pursuant to Section
24
0
incentive program outlined in 17.16.260. 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)
3. Landscapinq shall not be permitted to limit or restrict the line of sight on any public
roadway.
4.
■ Roofline with height and plane changes
■ Reduced eave height
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
25
• •
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.
26
•
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.
1. 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.
27
~J
u
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.
28
• •
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.
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
17.16.160 Accessory buildings.
A. No detached accessory building shall exceed seven hundred fifty (750) square feet.
feet, whichever is less.
29
0 •
D. On a corner lot no detached accessory buildings in the R-1 zone 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 prope line.
thereto.
1. Portable shade structures shall not be located in any residential side or front yard.
17.16.170 Yard encroachments.
or rear yard not more than six feet.
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
30
9
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:
established setback line on the key lot, to the rear, shall exceed a height of thirty-six
(36) inches.
residential lot.
E. Hedges shall not encroach onto a curb or sidewalk or over a lot line.
31
G. All property that is vacant, under construction, or being demolished shall be totally
0 •
17.16.200 Storage in yards.
17.16.210 Uses subject to Planning Director review and approval.
17.16.220 R-1 Residential Development Design Standards
A. At least 40% 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 buildinq 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.
32
The Planning Director may grant a modification from a setback or fence requirement
0
•
Department.
K. The street address shall be clearly visible for all homes.
L. Mirror-like or visible light transmission film less than 49% window treatments shall be
prohibited.
M. Remodels shall utilize materials, colors and designs that match the existing structure.
P. Bay windows shall not exceed the height of 1 story.
Q. The area of the second floor shall not exceed 3/4 of the first floor F.A.R.
R. Any second floor wall that exceeds a length of 25 feet shall be required to add one
element of articulation and a minimum 5 foot sitback for a minimum of 8 feet of length.
17.16.230 Building Plan Review Requirements
A. Demolition permits allowing the removal of an existing home in order to construct a new
17.16.240 Additional Site Plan Review Requirements
In addition to general City of Rosemead Planning Department review and approval
A. A Site Plan review shall be required to install hardscape directly adiacent to a new or
remodeled residential driveway.
B. A Site Plan review shall be required to install new fencing or replacement fencing
appropriate colors, materials and design, in any residential front yard.
33
compatible with the house or other homes in the neighborhood.
• •
C. A Site Plan review shall be required to install a portable shade structure in a residential
rear yard.
buildings including storage structures and workshops but not including required garages.
H. A Site Plan review by the Architectural Review Committee (ARC) shall be required for
1. A Site Plan review by the Architectural Review Committee (ARC) shall be required for
with the house.
17.16.260 R-1 Residential Design Incentives
recommendation.
A. Additional Development Area Incentives
1. A second story top plate that doe
2.
3.
4.
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
desiqn.
7. A new single-story home (instead of two-story
8. Minimum 18-inch eave overhangs, with exposed decorative wood eave and rafter
tails
34
• •
9. Usage of windows that are recessed a minimum of four inches on the front
elevation.
B. Favorable Staff Recommendation Incentives
1. A favorable staff recommendation
2.
3.
4.
5.
6.
7.
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 sinqle-hunq or double-hung windows.
17.16.270 ADDITIONAL REQUIREMENTS
35
neighborhood as a whole.
Usage of landscape materials to create separate between public and private space.
No front yard fencing.
Usage of natural materials, such as wood or stone.
Front yard fence less than 36 inches.
• •
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.).
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 two-story unit shall be 30 feet.
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)
36
•
17.20.060 Side yard minimum.
0
B. Corner Lots: Each corner lot shall maintain the following side yard requirements:
C. Any second floor wall that exceeds a lenqth of 25 feet shall be required to add one offset
("sitback") of 5 feet minimum for a minimum of 8 feet of length, and articulation features may
include, but are not necessarily limited to:
■ Dormer windows
• Architectural shutters
■ Balconies
■ Bay windows
■ Decks
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)
37
point shall the second story setback be less than the first floor setback on any lot.
(2) On the street side, the required side yard shall be ten feet in width, for the first story
•
17.20.090 Lot width minimum.
u
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)
17.20.11020 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.
17.20.12030 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.
Department.
17.20.13040 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 " five (45) , thirty-five (35) percent, to be calculated pursuant to
design incentive program outlined in 16.20.230, to be calculated pursuant to Section
17.04.020. In addition, any residential dwelling that exceeds two thousand five hundred
38
• •
(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 (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)
3. Landscaping shall not be permitted to limit or restrict the line of sight on any
public roadway.
4. A minimum of 1 tree shall be planted in new or remodeled residential front
yards for every 50-feet of street frontage.
■ 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.
17.20.140 Distance Between Buildings on Same Lot.
39
• •
17.20.150 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.
(90) feet, whichever is less.
D. On a corner lot no detached accessory buildings in the R-2 zone shall be located at
a distance less than twenty (20) feet from the side street line.
1. Portable shade structures shall not be located in any residential side or front yard.
17.20.160 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:
40
street providing access thereto.
0 •
A. Cornices canopies, eaves, patios, forced air units, fireplaces or other similar
side or rear yard or distance between buildings not to exceed two feet.
C. Detached accessory buildings may occupy side and rear yards as provided in
Section 17.20.160.
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
prior code § 9121.16)
17.20.170 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-2 zone no fence, wall or hedge located in the rear or side yards shall
exceed a height of six feet.
(36) inches.
residential lot.
E. Hedges shall not encroach onto a curb or sidewalk or over a lot line.
41
17.20.180 Storage in yards.
forty-eight (48) or more consecutive hours in the front or side yard. (Prior code §
9121.18)
17.20.190 Uses subiect to Planning Director review and approval.
17.20.200 R-2 Residential Development Design Standards
B. Reflective building materials are prohibited.
42
safety hazard. (Prior code § 9121.17)
not be adversely affected. (Prior code § 9121.23)
•
•
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.
J. Hedges shall not encroach onto a curb or sidewalk or over a lot line.
L. The street address shall be clearly visible for all homes.
M. Mirror-like or visible light transmission film less than 49% window treatments shall be
prohibited.
N. Remodels shall utilize materials, colors and designs that match the existing
structure.
Q. Bay windows shall not exceed the height of 1 story.
17.20.210 Building Plan Review Requirements
Planning Dept.
17.20.220 Additional Site Plan Review Requirements
43
• •
C. A Site Plan review shall be required to install a portable shade structure in a
residential rear yard.
garages.
826.
the neighborhood.
proportional in size and architecturally compatible with the house.
17.20.230 R-2 Residential Design Incentives
44
is not architecturally compatible with the house.
architecturally compatible with the house.
• 0
A. Additional Development Area Incentives
3. Both side yard setbacks that exceed the zoning minimum by more than 5 feet.
design.
17.20.240 ADDITIONAL REQUIREMENTS
45
7. Usage of interlocking pavers, decomposed granite or other decorative landscape
materials for walkways and driveways.
L1
i
Chapter 17.112.030 USES PERMITTED IN SPECIFIC ZONES
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
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 ordinance, the City Clerk shall publish a summary of
the ordinance with the names of the council members voting for and against the
ordinance. This ordinance shall take effect thirty 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
2007.
John Tran, Mayor
ATTEST:
CASTRUITA, City Clerk
46
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•
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: bwiohnson(@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(a)bpesinc.com
DRAFT ND REISSUED ON: 12 February 2007
COMMENTS DUE BY: 7 March 2007
EXHIBIT C
•
0
INITIAL STUDY & NEGATIVE DECLARATION
PROPOSED AMENDMENT TO THE
CITY OF ROSEMEAD MUNICIPAL CODE REGULATIONS
GOVERNING SINGLE FAMILY HOUSING
LEAD AGENCY:
City of Rosemead
8838 E. Valley Boulevard
Rosemead, CA 91770
Contact: Brad Johnson, Planning Director
Tel: 626.569.2100 • bwj hnson@cityofrosemead.org
DATE DRAFT ND REISSUED: 12 February 2007
COMMENTS DUE BY: 7 March 2007
I. 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
fe
City of Rosemead c/o Sandra Bauer
Bauer Planning & Environmental Services, Inc.
220 Commerce, Suite 230
Irvine, CA 92602 ♦ sand ra@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
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: http:llguickfacts.census.gov/clfd/states/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(o)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: spndra@)bpesinc.com
DRAFT ND REISSUED ON: 12 February 2007
COMMENTS DUE BY: 7 March 2007
r •
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
"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 4
0 0
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 ACTION
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.
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
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XII. 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:
Project Location: The project would affect single family neighborhoods throughout the City of
Rosemead in Los Angeles County California.
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 significant, 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
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
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
Q
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?
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?
4. BIOLOGICAL RESOURCES: Would the project:
-1.
a) Have a substantial adverse effect on any
candidate, sensitive, or special status species?
b) Have a substantial adverse effect on any riparian
[J(
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
Significant
Less Than
Less Than
Adverse
Significant
Significant
No
Impact
with Mitigation
Impact
Impact
e) Conflict with any local policies or ordinances
Q
protecting biological resources?
f) Conflict with provisions of an adopted Habitat Con-
servation or Natural Community Conservation Plan?
S. CULTURAL RESOURCES:- Would the project:
a) Cause an adverse change in the significance of a
Q
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
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?
i
iv) Landslides?
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?
t
b) Create a hazard through reasonably foreseeable
i
Q
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
E
•
Significant
Less Than
Less Than
Adverse
Significant
Significant
No
Impact
with Mitigation
Impact
Impact
e) For projects within 2 miles of a public airport,
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
groundwater recharges?
c) Alter existing drainage patterns in a manner that
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?
10
g) Place housing within a 100-year flood hazard?
M
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
Q
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
avoid or mitigate an environmental effect?
c) Conflict with any applicable habitat conservation
plan or natural community conservation plan?
10. MINERAL RESOURCES: Would the project:
a) Result in loss of valuable mineral resources?
City of Rosemead Municipal Code Amendment Negative Declaration
•
0
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?
Q
11. NOISE: Would the project result in:
a) Expose people to noise levels above standards?
b) Expose people to excessive vibration or noise?
c) A permanent increase in ambient noise levels?
d) A temporary or periodic increase in ambient
noise?
e) If located within 2 miles of a public airport, would
the project expose people to excessive noise levels?
f) If in the vicinity of a private airstrip, would the
project expose people to excessive noise levels?
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?
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?
0
-i
b. Police protection?
0
c. Schools?
[.7J
d. Parks?
e. Other public facilities?
0
14. RECREATION: Would the project:
a) Increase the use of parks or recreational facilities
such that physical deterioration would occur?
b) Require new or expanded recreational facilities?
Q
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?
b) Exceed a road or highway level of service
[✓l
standard or impact sensitive land uses?
c) Change air traffic patterns risks?
[d]
d) Cause hazards due to design (e.g., sharp curves)
(7
or incompatible uses (e.g., farm equipment)?
e) Result in inadequate emergency access?
f) Result in inadequate parking capacity?
g) Conflict with adopted plans'supporting.altemative
transportation (e.g., bus turnouts, bicycle racks)?
16. UTILITIES & SERVICE SYSTEMS: Would the project:
a) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
b) Require new water or sanitation facilities?
Q
c) Require new storm water drainage facilities?
d) Have sufficient water supplies available to serve
the project from existing entitlements & resources?
e) Be served by a wastewater treatment system with
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?
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,
j
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
individually limited, but cumulatively considerable?
c) Does the project have environmental effects which
will cause substantial adverse effects on human
beings, either directly or indirectly?
City of Rosemead Municipal Code Amendment Negative Declaration 11
0
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.
2. 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.
1 City of Rosemead, General Plan Land Use Element, 28 May 1987.
2 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.
S. 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
0
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,a 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 significant health hazard through the transportation of hazardous
materials? Create a significant hazard due to accidental release of hazardous materials?
Emit hazardous emissions withia 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 wader 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.8 Residents are not
4 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/cgs/rghm/ao/Map index/F4E.htm#3.
6 DTSC's Hazardous Waste & Substances Site Cortese List for L. A. Co (htty://www,envirostor.dtsc.ca.gov/public!).
City of Rosemead, General Plan Public Safety Element, 25 March 1986.
8 California Stormwater Best Management Practices Municipal Handbook, March 1993. Camp Dresser & McKee et al.
City of Rosemead Municipal Code Amendment Negative Declaration
14
• •
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.")
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
Element"rates 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."z
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: http://www/swrcb.ca.gov/rwgcb4/html/eo_reports/past_eo/00_1012_.
to State Water Resources Control Board website: httwww swrcb.ca.clov/rwgcb4/ html/programs/
" City of Rosemead, General Plan Public Safety Element, 25 March 1'.
12 FEMA-ESRI Hazards Awareness website: www.esri.com/hazards
13 City of Rosemead, General Plan Land Use Element, 25 March 1986.
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
PLANNING CONTAINS APPLICABLE
AREA SINGLE-FAMILY LAND USE POLICIES
HOUSING?
1 (Northern Preserve the existing industrial development but restrict
Rosemead) YES any further expansion of those uses.
2 (North- This area will continue to serve as the central business
central) YES district, with preservation of the existing, predominantly
single family residential neighborhoods.
3 (Northeast The General Plan recognizes the potential to expand and
Rosemead YES upgrade Rosemead Square (now underway).
4 (West This is the City's main mixed use development area,
Rosemead) YES including commercial, office and residential components.
5 (South- , Planning area 5 also contains mixed use development with
west) YES commercial, office, residential and light industrial uses.
6 (Central Planning area 6 is predominantly low density residential
Rosemead) YES with some commercial and mixed uses.
7 (South Low density residential is a small part of the land use in
central) YES this area, which is dominated by office/light industrial,
medium density residential, and public facilities.
8 (Southern Development in portions of this planning area is limited
Tip) 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:
la City of Rosemead, General Plan Resource Management Element, 25 March 1986.
City of Rosemead Municipal Code Amendment Negative Declaration 16
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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 Element15 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."
1s 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.
16 City of Rosemead, General Plan Resource Management Element, 25 March 1986.
19 US Census Bureau Quick Facts website: http://cluickfacts.census.gov/ofd/states/0610662896.html.
20 Los Angeles County Sheriff's Department website: http://www.lasd.orq/ad.usacitydirectories.com/-
21 Sources: Information provided by the City of Rosemead Planning Department, and Los Angeles County Fire
Department website: http://www.lacofd.org
of Rosemead Municipal Code Amendment Negative Declaration 17
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:
22 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
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■ 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
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C~
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.
0 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.
Signature J Date
Citv of Rosemead
Printed Name For
City of Rosemead Municipal Code Amendment Negative Declaration 20
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XIV. REFERENCE MATERIALS
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: htW://www.conservation.ca.gov/cgs/rghm/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.Qov/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/swrcb.ca.aov/rwgcb4/html/
eo reports/past eo/00 1012 .
California State Water Resources Control Board website: http://www/swrcb.ca.ciov/rwgcb4/html/
programs/stormwater/dots/reopener/060912/tentative%20Order%20Language%2changes%20Sep%201
1%202006.pdf
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 Sheriff's Department website: http://www.lasd.org/ad.usacitydirectories.com/
Los Angeles County Fire Department website: http://www.lacofd.org/
Rosemead School District website: http://www.rosemead.kl2.ca.us/
United States Census Bureau, State and County Quickfacts website:
http://quickfacts.census.ciov/afd/states/06/0662896.htm1.
City of Rosemead Municipal Code Amendment Negative Declaration 21
11
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
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Prepared by: Kamen Lai (626) 288-2651
Suggestions on new R1 & R2 zonine standards and incentives:
P.5
1) Adopt the new CUP requirement when the living area is over 3,000 SF. Most of the
single family homes built in the neighboring cities are close to 3,000 SF, there is no city
around City of Rosemead requires CUP/Public Hearing for building a new house because
of the size of the house. The 3,000 SF threshold will encourage the development of new
homes that are compatible and consistent with the neighboring cites and allows the city
planners to free themselves for other more important issues.
2) Keep the 45% FAR for R2 properties. The new 35% FAR will practically down zoned
those smaller R2 lots with around 9,000 SF, these are the most common lot size of R2
lots in the city. If only one house is proposed on a R-2 lot, R-1 standard applies. This is
what City of Temple City and San Gabriel are doing.
P.6
1) Please verify that 35' rear yard setback is required only when more than 4 bed room
and 2,000 SF occur at the same time. If possible eliminate this 35' requirement.
P.11
1) For#2; it is unnecessary to limit the height of single story building to~8' high. The
height of 2 story building should be allowed to at least at 28' high like City of San
Gabriel. Traditional higher pitched gable roof and wide house on a wider lot can easily go
higher than 18' and 26'.
2) For #3; 2"d floor shall be limited to a maxq 75% of the first floor gross floor area
(garage + living).
3) For #4; street-facing wall means only the front yard street of a corner lot.
a) consider 40% of second floor wall setback at 10'.
b) the setback should be referenced from a respective first floor structural element such
as a porch post.
4)For # 6; the 5' 2nd floor offset is too mu2' is reasonable like what City of Temple
City had adopted. Furthermore, the City of mple City also allows a combined total side
yard setback of 15' at any 2"d floor cross section to facilitate the offset requirement.
P.25
I)It is recommended that the incentive program should be simplified and a higher % of
incentive should be given to those features that the city most desired such as style, front
porch, &age in rear, single story house, landscaping
EXHIBIT D
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0
2) A generous incentive to encourage a single story front porch such as the type that City
of Temple City has adopted is highly recommended.
3) Single hung windows required in front-facing wall only.
4) If fence less than 3' allowed 0.5%, no fence should N I%.,
5) How much stone or wood will qualify.
6) How much pavers will qualify.
c