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PC - Item 6B - External Hot Water Heaters s E M o i f ROSEMEAD PLANNING COMMISSION CIVIC PRIDE STAFF REPORT RPORATED A59 TO: HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: MARCH 21, 2016 SUBJECT: EXTERNAL HOT WATER HEATERS Summary Planning Commissioner Sean Dang has requested an item be placed on tonight's agenda for discussion regarding a possible recommendation to the City Council for a municipal code amendment as related to the aesthetic look and location of external hot water heaters (i.e. painting of a hot water heater cabinet/vent, the angle of the vent, and allowable locations). Currently, the aesthetics of an external hot water heater is not addressed in the zoning code. However, the venting of an external hot water heater is addressed in the mechanical code, which is reviewed and approved by the Building Division. In addition, neither the zoning code nor building code regulates where exterior mechanical equipment (which includes external hot water hearts) must be placed. The zoning code only includes language as related to the screening and yard encroachments, which is as follows: Screening The definition of"screened" is: "The use of a wall or growth or stand of trees, shrubs, or plants to shelter, protect, or hide on area from view." Residential Zoning Districts: 17.12.030 (B)(1)(h)(4) "Mechanical elements (roof-top and ground level) must be screened from view." Design Overlay Zone: 17.28.020 (B)(3)(c)(1) (a) "Utility boxes and other similar equipment should be located where they are • well screened from public view." (b) "Mechanical equipment on the site shall be appropriately screened from view." • Yard Encroachments Planning Commission Meeting March 21, 2016 Page 2 of 2 Residential Zoning Districts: 17.12.030 (B)(1)(g)(1) "Cornices, canopies, eaves, patios, fireplaces or other similar architectural features and exterior pad mounted heating, ventilation and air conditioning equipment may extend into required front, side or rear yards or required separations between buildings not to exceed two (2) feet." Staff Recommendation This item is presented for review and comment. Staff is not seeking any formal action at this time. Public Notice Process This item has been noticed through the regular agenda notification process. Submitted by: (,(4,(Adate Michelle Ramirez Community Development Director EXHIBITS A. RMC Title 17. Section 17.12 B. RMC Title 17, Section 17.28 C Pictures— Single-Family Homes (provided by Commission Dang) EXHIBIT A Reserved Rosemead, CA Code of Ordinances Page 1 of 12 Chapter 17.12 - RESIDENTIAL ZONING DISTRICTS Sections: 17.12.010 - Purpose. The purpose of the individual residential zoning districts and the manner in which they are applied are as follows: A. Single-Family Residential (R-1) District. The R-1 zoning district identifies areas characterized by single-family dwellings. The standards of the R-1 district are intended to protect the existing density and maintain the character of the City's single-family residential neighborhoods, consistent with the General Plan Low Density Residential land use designation. B. Light Multiple Residential (R-2) District. The R-2 zoning district identifies areas characterized by single-family dwellings and duplexes. The R-2 standards are intended to maintain the character of existing neighborhoods while allowing the opportunity for duplex and smaller lot single-family development that is consistent with the General Plan Medium Density Residential land use designation. C. Medium Multiple Residential (R-3) District. The R-3 zoning district identifies areas characterized by higher density attached homes, apartments, and condominiums. The standards of the R-3 district are intended to ensure that new development is compatible with the character of existing neighborhoods while allowing for a mix of housing types, consistent with the General Plan High Density Residential land use designation. ;Ord. No. 931, § 5(Exh. A), 10-22-13) 17.12.020 - Residential district land uses and permit requirements. Table 17.12.020.1, Uses in Residential Districts, identifies the uses of land allowed in each residential zoning district, and the land use permit required, if any, to establish each use. Where the last column in the tables (Specific Use Regulations) includes a section reference number, the regulations in the referenced section apply to the use in addition to those shown in the table. Table 17.12.020.1: USES IN RESIDENTIAL DISTRICTS Land Use Requirements by Specific Use Regulations District R-1 R-2 R-3 Residential Uses Single-family Dwellings P P P See section 17.12.030 for district specific requirements. See Chapter 17.42 for Manufactured Homes. Two-family Dwellings — P P See section 17.12.030 for (Duplex) district specific requirements. ahn>>t hl ink 03/15/2016 Rosemead, CA Code of Ordinances Page 2 of 12 Multiple-family Dwellings — — DR See section 17.12.030 for district specific requirements. Second Dwelling Unit, P P P See Article 3, Chapter Single-story 17.30, Section 17.30.190 (Second Dwelling Units) Second Dwelling Unit, CUP CUP CUP See Article 3, Chapter Two-story 17.30, Section 17.30.190 (Second Dwelling Units) Mobile Home Parks CUP CUP CUP See Article 3, Chapter 17.46 (Mobile Home Parks and Park Conversions) Care Uses Child Care Home, Small P P P See Article 3, Chapter Family (eight or fewer) 17.30, Section 17.30.160 (Large and Small Family Child Day Care Home Facilities) Child Care Home, Large — AUP AUP See Article 3, Chapter Family (nine to 14) 17.30, Section 17.30.160 (Large and Small Family Child Day Care Home Facilities) Residential Care Facilities P P P (six or fewer) Residential Care Facilities — CUP CUP (7 or more) Supportive Housing P P P Transitional Housing P P P IAgriculture and Animal-Related Uses Animal Keeping A A A See Title 6 (Animals) of the Municipal Code ahniit•hlnnk 03/15/2016 Rosemead, CA Code of Ordinances Page 3 of 12 Horticulture - Private l A A I A I Other Uses Accessory Structures A A A See Section 17.12.030 and Article 3 Chapter 17.32 (Accessory Structures) Educational Institution - CUP CUP CUP Private Educational Institution - P P P Public Home Occupations, A A A See Title 5, Chapter 5.41 including Cottage Food (Home Occupations) Operations. Lighted outdoor sporting CUP CUP CUP See Article 4, Section field or court (tennis, 17.68.060 basketball, etc.). Places of Religious CUP CUP CUP Assembly Public Buildings and AUP AUP AUP Facilities Public Utility Facilities P P P Telecommunication CUP CUP CUP Facilities, not including Wireless Telecommunication Facilities Temporary Uses and See Article 5, Chapter 17.124 (Temporary Use Special Events Permits and Special Events) dotes: P Permitted Use A Permitted Accessory Use AUP Administrative Use Permit Required ihnnt:hlank 03/15/2016 Rosemead, CA Code of Ordinances Page 4 of 12 CUP Conditional Use Permit Required — Use Not Allowed DR Discretionary Design :Ord. No. 931, § 5(Exh. A), 10-22-13) 17.12.030 - Residential district development standards. General Requirements. 1. New land uses and structures and alterations to existing land uses and structures in the R-1, R-2 and R-3 zones shall conform to the requirements in Table 17.12.030.1 (Residential District Development Standards) as well as specific district standards listed below. fable 17.12.030.1: RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS Development Feature Requirement by Zoning District R-1 R-2 R-3 Notes ar Exceptio Minimum Lot Area 6,000 sq. 6,000 sq. 10,000 sq. ft. ft. ft. Lot Area/Unit 6,000 sq. 4,500 sq. 1 ,500 sq. ft. ft. ft. Minimum Lot Width 50 ft. 50 ft. 70 ft. Floor Area Minimum 1st Floor and Maximum 2nd Floor Requirements Area Requirements Single and Two-family Dwellings (Excluding Garage and Other Nonhabitable Space) 1st Floor 1 ,000 sq. 750 sq. ft. See Section Minimum ft. 17.12.030B2f for 2nd Floor 75% of 75% of Multifamily Maximum 1st floor 1st floor Dwellings area area Floor Area Ratio 0.35:1 0.35:1 0.35:1 See Secti 17.12.030.E for FAR Bo Prograr I ibout:blank 03/15/2016 Rosemead, CA Code of Ordinances Page 5 of 12 Setbacks Minimui setback require Front Yard Main Bldg 20 ft. 20 ft. 15 ft. Garage 25 ft. 25 ft. Setback required front faci garage! Side Yard 1st Floor Greater Greater 10ft. all 15 ft. for Interior Lots of 5 ft. or of 5 ft. or floors abutting R- 10% of lot 10% of lot R-2 zon width width 2nd Floor 5 ft. min. 5 ft. min. 15 ft. for 15 ft. 15 ft. abutting R- combined combined R-2 zon Side Yard 1st Floor Greater Greater 10 ft. all See Secti Corner Lots interior of 5 ft. or of 5 ft. or floors 17.12.030.E side 10% of lot 10% of lot (Single-Far width width and Twc Family 2nd Floor 5 ft. min. 5 ft. min. Developm interior 20 ft. 20 ft. on a R-3 L side combined combined 1st Floor 10 ft. 10 ft. 15 ft. all street floors side 2nd Floor 10 ft. 10 ft. street min. 20 min. 20 side ft. ft. combined combined Rear Yard Less than Lesser of Lesser of 15 ft. See Secti 4 25 ft. or 20 ft. or 17.030.12.E bedrooms 20% of lot 20% of lot (Single-Far and 2,000 depth depth and Twc s.f. Family ibout:blank 03/15/2016 Rosemead, CA Code of Ordinances Page 6 of 12 More 35 ft. 35 ft. Developm than4 onaR-3L .i bedrooms and 2,000 II s.f. Height 2 stories 2 stories 3 stories and and 30 ft. and 30 ft. 35 ft. Bldg. Separation 20 ft. 20 ft. 20 ft., 25 ft. (Dwellings) front to front Bldg. Separation 6 ft. 6 ft. 15 ft. (Decks/projections/pools) Open Space N/A N/A 200 s.f. per See Secti unit 17.12.030.E for Multifa developm Parking See Article 4, Chapter 17.112 (Off Street Parking and Loadir IFences and Article 4, Chapter 17.68 (Fences, Walls, and Landscape Screer Walls 2. Applicability of Conventional Development Standards. All development standards applicable to the zone designation of the lot shall apply without regard to whether the proposed dwelling is conventional or manufactured housing. B. District Specific Requirements. In addition to the general development requirements listed in Table 17.12.030.1, Residential District Development Standards, the following development standards apply to specific residential districts as shown: 1. R-1 and R-2 Zoning Districts. a. Lot Coverage and Impervious Surfaces/Landscaping. A minimum of twenty(20) percent of the entire parcel shall be fully landscaped with plant materials. Pedestrian walkways, vehicular access ways and other impervious surfaces shall not collectively occupy more than fifty(50) percent of the 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 approval of the Community Development Director. All other portions of these areas shall be landscaped with lawn, trees, shrubs, plants and other landscape materials in compliance with any drought tolerance requirements in effect. b. Floor Area Maximum and Minimum. 1) about:blank 03/15/2016 Rosemead, CA Code of Ordinances Page 7 of 12 Residential dwelling units in the R-1 zone shall have a minimum ground floor area, exclusive of open porches or garages, of one thousand (1,000)square feet and residential dwelling units in the R-2 zone shall have a minimum ground floor area, exclusive of open porches or garages, of seven hundred fifty(750)square feet. 2) Total floor area of the second floor, including areas designated as covered or uncovered balconies, shall not exceed seventy-five (75) percent of the floor area of the first floor. For this calculation, floor area of the first floor shall only include first floor living area, and any floor area designated as garage floor area if the garage is attached. c. Front Driveway.Vehicle access ways (driveways)serving front facing garages shall be set back at least three (3)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. d. Walkways. Pedestrian walkways on private property shall not exceed five feet in width when located in front or side yard areas. e. Merged Lots. When two or more lots are merged, the allowed lot Floor Area Ratio (FAR) shall be no larger than one hundred fifty(150) percent of the FAR allowance that would occur for the largest single lot. f. Landscaping. Landscaped areas shall be permanently maintained in a neat and orderly manner and shall comply with the following: 1) Landscaping shall not be permitted to limit or restrict the line of sight on any public right-of-way. 2) A minimum of one tree shall be planted in new or remodeled residential front yards for every fifty (50)feet of street frontage. g. Yard Encroachments. Required yard areas shall be kept open and unobstructed, except as follows: 1) Cornices, canopies, eaves, patios, fireplaces or other similar architectural features and exterior pad mounted heating,ventilation and air conditioning equipment may extend into required front, side or rear yards or required separations between buildings not to exceed two feet. 2) Open, unenclosed, uncovered porches, platforms or landing places which do not extend above the level of the first floor of the building, may extend into any front, side or rear yard not more than six feet. 3) Detached accessory buildings may occupy side and rear yards as provided in Article 3, Section 17.32.030. 4) Detached garages, and patios may occupy not more than fifty(50) percent of a required rear yard. Swimming pools may occupy rear yards, but not required front or side yards, except that no swimming pool may be located less than five feet from a property line. Attached accessory structures, shall comply with residential front, side, and rear yard setback requirements. 5) Storage in yards. No portion of any side yard on the street side of a corner lot, or any portion of the rear yard on the street side of a corner lot unless it is screened with a solid block wall meeting the fence height requirements in Article 4, Chapter 17.68, or any portion of the front yard on any lot in a residential area shall be used for the permanent storage of motor vehicles, recreational, airplanes, boats, parts of any of the foregoing, rubbish,garbage,junk, tents, clotheslines, garage or trash receptacles, or building materials (except building materials used on the premises stored thereon during the time a valid permit is in effect for construction on the premises). "Permanent storage" as used in this subsection, means the presence for a period of forty-eight(48) or more consecutive hours in the front or side yard. h. R-1 and R-2 Development Design Standards. 1) At least forty(40) percent of the street-facing wall of the second floor shall be set back a minimum of ten (10)feet from the street-facing wall of the first floor. 2) Reflective building materials are prohibited. about:blank 03/15/2016 Rosemead, CA Code of Ordinances Page 8 of 12 3) Exterior paint colors shall not exceed a light reflective value greater than forty(40) percent. 4) Mechanical elements (roof-top and ground-level) must be screened from view. 5) Residential front yard walls and fences may not exceed four feet in height(including fencing, hedges, or other material). 6) Portable shade structures shall not be located in any side or front yard. 7) All garages shall match the main house in terms of color scheme, roofing material, roof pitch, gable orientation and design. 8) Hedges shall not encroach onto a curb or sidewalk or over a lot line. 9) Vehicles may not be parked on any lot except in the garage, on the driveway or parking apron or other approved hardscaped surface previously approved by the Planning Division. 10) The street address shall be clearly visible for all homes. 11) Remodels shall utilize materials, colors, architectural style and designs that match the existing structure. 12) Sidewall articulation shall be required on exterior walls that are not separated from an adjacent home by more than twenty-five (25) feet. 13) Entry treatment shall not exceed a maximum total height of twelve (12)feet for single-story homes and fourteen (14) feet for two-story homes. 14) Bay windows shall not exceed the height of one story or encroach into a required side yard. 15) Any second floor exterior side wall that exceeds a length of twenty-four(24)feet shall require an offset of two feet for a distance of not less than eight feet. • 16) Existing residential development proposed to remain on a lot, where new residential development is proposed, shall be renovated to match or complement the new construction in colors, materials and architectural style. All onsite conditions, such as landscaping and fencing, shall also be improved. i. Additional Site Plan and Design Review Requirements. In addition to general city of Rosemead Planning Division review and approval requirements for residential projects, the following items are also subject to ministerial review and approval: 1) A site plan and design review application shall be required to install hardscape directly adjacent to a new or remodeled residential driveway. 2) A fence permit shall be required to install new fencing or replacement fencing in any residential front yard. 3) A site plan and design review application shall be required to install a portable shade structure in the rear yard. 4) A site plan and design review application shall be required for any accessory building greater than one hundred twenty (120) square feet in floor area, whether the total area is in one building or cumulatively in multiple buildings, including storage structures and workshops, but not including 4 required garages. j. Discretionary Site Plan and Design Review. The following shall be subject to a discretionary Site Plan and Design review application, pursuant to the procedures in Chapter 17.120 (Applications and Processing) and Chapter 17.136 (Site Plan and Design Review) of this Title: 1) Any new dwelling unit to be constructed that equals or exceeds two thousand five hundred (2,500) square feet of developed living area. 2) Any addition to a dwelling unit in which the total floor area with the addition equals or exceeds two thousand five hundred (2,500) square feet of developed living area. 3) Any fill that would raise the building pad or front yard elevation by more than twenty-four (24) inches above the natural grade. about:blank 03/15/2016 Rosemead, CA Code of Ordinances Page 9 of 12 k. Residential Design Incentives. An additional five percent of bonus floor area may be obtained through the use of design incentives that are listed in Table 17.12.030.2. Table 17.12.030.2: RESIDENTIAL BONUS FLOOR AREA DESIGN INCENTIVES Floor Qualifying Design Elements Area (FAR) Bonus 1 .5% Garages placed at the rear of the lot and not visible from the FAR street Bonus (per Usage of windows that are recessed a minimum of 4 inches on design the front elevation element) Eave overhangs of 18-inches or more with exposed decorative rafter tails Porch design that extends a minimum of 50% of the front elevation. 1 .0% Landscape plan with 3 or more mature trees (defined as 24" box FAR or larger) Bonus (per Second floor fully contained within a pitched roof design Use of true divided-light windows, doors and side lights element) 0.5% Tandem garage design FAR Bonus Second story top plate that does not exceed 20 feet in height (per Both side yard setbacks that exceed the zoning minimum by design more than 5 feet element) Second floor setback that exceeds the zoning minimum by more than 10 feet on 75% of the front elevation Second floor setback that exceeds the zoning minimum by more than 5 feet on one side elevation Any new single-story home (instead of two-story) Use of single-hung or double-hung windows of the front elevation about:hlank 03/15/2016 Rosemead, CA Code of Ordinances Page 10 of 12 Use of landscape materials instead of fencing to create separation between public and private spaces No front yard fencing or fencing lower than 4 feet in height Use of natural architectural materials (such as wood and stone) Use of drought-tolerant plant materials and automatic irrigation with moisture sensors Use of interlocking pavers, decomposed granite or other q decorative hardscape materials for walkways and driveways 4 2. R-3 Zoning District. a. Single-Family and Two-Family Development on R-3 Lots. If an R-3 lot is improved with two or fewer dwelling units, such residential development shall comply with all R-2 Residential District Development Standards and R-2 District Specific Requirements outlined in Table 17.12.030.1 and Section 17.12.030.B.1, with the exception of the density requirement. One-family and two-family development on an R-3 lot shall comply with the density requirement of the R-3 zone. b. Maximum Heights. No building or structure shall exceed a height of thirty-five (35) feet or three stories. Building or structure height means the vertical distance from grade, as defined in this section, to the highest point of the parapet or coping of a flat roof, or to a deck line of a mansard roof, or to the highest ridge of a pitched or hip roof. The first floor "finished floor" elevations at building entry points shall be a maximum of two feet above the finished grade adjacent to the entry point. c. Landscaping. All usable open space (i.e., pedestrian walkways, separations between buildings, yard areas, and common recreation areas) shall be landscaped and provided with permanent, moisture sensing devices and automatic underground irrigations systems, developed in accordance with an approved landscape plan and maintenance plan. Landscape design shall be subject to the following: 1) A landscape and irrigation plan, prepared by a professional landscape architect, shall be submitted to the Community Development Department along with the application for a site plan and design review. 2) Except as provided in RMC Chapter 13.08, Water Efficient Landscapes, all plants and shrubs shall be living evergreen vines, shrubs, or ground cover, mowable grass, or a combination thereof. All trees shall be living, a minimum of fifty(50) percent which shall be an evergreen type. The following minimum sizes shall apply: • • Trees, fifteen (15) gallons; • Shrubs, five gallons; and • Ground cover and vines from pots or rooted cuttings from flats spaced twelve (12) inches on center. 3) All landscape designs must incorporate energy and water conservation measures. 4) The developer and subsequent owners shall be responsible for maintaining the landscaping as shown on the approved plan. Maintenance shall include regular irrigation, weeding, fertilizing, and pruning of dead materials. 5) Landscaping shall not be permitted to limit or restrict the line of sight on any public right-of-way. about:blank 03/15/2016 Rosemead, CA Code of Ordinances Page 11 of 12 d. Driveway Requirements. Minimum driveway design standards shall be as follows: 1) Two-way drives shall be twenty-six (26) feet in unobstructed width and thirteen (13)feet, six inches in unobstructed vertical clearance. The vertical clearance shall not be applicable to subterranean parking. 2) Building projections such as balconies may project no more than three feet into the driveway width for a minimum horizontal clearance of twenty(20) feet. 3) All driveways shall comply with County of Los Angeles Fire Department Access Standards. 4) All points of vehicular access to public rights-of-way shall be subject to approval by the City's Public Works Department. e. Usable Open Space. A minimum of two hundred (200) square feet of usable open space shall be provided for each dwelling unit. "Usable open space" means space designed for outdoor living, recreation, or landscaping, and may be located on the ground, or on an unenclosed balcony, deck or porch, including patios and deck areas of swimming pools. No areas utilized for vehicular driveways, parking, covered pedestrian access between structures or dwelling units shall constitute usable open space. f. Floor Area Requirements. Each apartment or dwelling unit shall have a minimum floor area, excluding garages, as follows: Table 17.12.030.3: R-3 FLOOR AREA REQUIREMENTS Unit Type Minimum Floor Area Studio Unit 600 square feet One Bedroom Unit 650 square feet Two Bedroom Unit 800 square feet For Each Additional Bedroom An additional 200 square feet 1) Storage and Utility Space. A single area having a minimum of two hundred forty(240) cubic feet of private and secure storage space shall be provided for each dwelling unit, exclusive of closets within the living space of the dwelling unit. Such storage may be located within the garage, provided it does not interfere with automobile parking. 2) Maintenance Utility Space. Adequate storage space shall be provided in a main or accessory building for storage of maintenance equipment in projects with common recreational and landscape areas. Laundry facilities shall also be provided in a main or accessory building available and accessible to residents of all dwelling units not equipped with laundry space. 3) Trash Collection Facilities. Adequate refuse and solid waste collection containers shall be provided and be conveniently located near the dwelling units they serve. The refuse area location(s) shall provide for large refuse collection vehicle circulation and access from a public street or alley. See Chapter 17.32 (Accessory Structures)for development standards. 4) Building Length Limitations. The length of any building or wing of a building shall not exceed one hundred twenty(120) feet. Length means the distance between the opposing extremities of the building measured in a straight line. 5) about:blank 03/15/2016 Rosemead, CA Code of Ordinances Page 12 of 12 Distances to Swimming Pools. There shall be a minimum distance of fifteen (15)feet measured horizontally between any swimming pool and the nearest point of any balcony, porch, second story patio, sun deck, or other architectural feature of a building or structure with windows, doors, or other openings of sufficient size to permit the passage of a person. 6) Discretionary Site Plan and Design Approval. Before issuance of a building permit for development of an apartment or multifamily dwelling in the R-3 zone, the developer shall submit for a site plan and design review application in conformance with Article 5, Chapter 17.120(Applications and Processing)and Chapter 17.136 (Site Plan and Design Review). (Ord. No. 931, § 5(Exh. A), 10-22-13) about:blank 03/15/2016 EXHIBIT B Reserved Rosemead, CA Code of Ordinances Page 1 of 18 Chapter 17.28 - OVERLAY ZONES Sections: 17.28.010 - Purpose. The purpose of the individual overlay zones and the manner in which they are applied are as follows: A. Overlay Zone Districts. An overlay zone is a zoning district that applies special requirements to a portion of other zoning districts. The city of Rosemead has designated certain areas within the city to be subject to overlay zones in order to supplement the base zones in these areas with special purpose regulations. Each overlay zone specifies the uses and developments that are subject to such special requirements. Uses and developments not specified are subject only to the requirements of the base zone district. B. Design Overlay (D-O) Zone. The purpose of the design overlay zone is to promote orderly development so that buildings, structures, signs and landscaping will be harmonious within a specified area; to prevent the development of structures or uses which are not of acceptable exterior design or appearance or are of inferior quality or likely to have a depreciating or negative effect on the local environment or surrounding area by reasons of use, design, appearance or other criteria affecting value. C. Residential/Commercial Mixed-Use Development Overlay(RC-MUDO) Zone. The purpose of the Residential/Commercial Mixed-Use Development Overlay Zone (RC-MUDO) is to provide opportunities for well-designed development projects that combine residential with nonresidential uses, including office, retail, business services, personal services, public spaces and uses, and other community amenities designated with the mixed-use land use designations in the city of Rosemead General Plan, and consistent with the policy direction in the General Plan. The intent of this overlay zone is to accomplish the following objectives: 1. Create a viable, walkable urban environment that encourages pedestrian activity and reduces dependence on the automobile, through a streetscape that is connected, attractive, safe and engaging. 2. Provide complementary residential and commercial uses within walking distance of each other. 3. Develop an overall urban design framework to ensure that the quality, appearance and effects of buildings, improvements and uses are compatible with the City design criteria and goals. 4. Create quality residential/commercial mixed-use development that maintains value through buildings with architectural qualities that create attractive street scenes and enhance the public realm. 5. Provide a variety of open space, including private, recreation areas and public open space and parks. 6. Revitalize commercial corridors with residential/commercial mixed-use developments that attract and encourage market-driven private investment. 7. Encourage parking solutions that are incentives for creative planning and sustainable neighborhood design. (Ord. No. 931, § 5(Exh. A), 10-22-13) 17.28.020 - Design overlay zone. A. jurisdiction. 1. No building permit shall be issued for any building structure or other development of property or appurtenance thereto, on any property for which a precise plan of design is required, until the precise plan of design covering the parcel or parcels to be so used shall be approved and adopted as herein provided. Design review procedures shall be followed for all improvements requiring a building permit or visible changes in form, texture, color, exterior facade or landscaping. a. Exceptions. The following development shall be exempt from the design overlay standards: 1) ahout:hlank 03/15/2016 Rosemead, CA Code of Ordinances Page 2 of 18 Residential, Commercial, Industrial, and Institutional. Minor structural repairs and maintenance to existing residential, commercial, industrial, and institutional structures provided such minor maintenance and repairs meet the standards of the underlying zone. Minor repairs and maintenance to nonconforming structures shall comply with Chapter 17.72 (Nonconforming Uses, Structures, Lots, and Parking Facilities). 2) Commercial.Additions to existing commercial structures provided such additions do not exceed fifty (50) percent of the existing floor area or two thousand (2,000)square feet, whichever is less, and do not affect the front facade of the building. 3) Industrial.Additions to existing industrial structures provided such additions do not exceed fifty(50) percent of the existing floor area or two thousand (2,000)square feet, whichever is less, and do not affect the front facade of the building. B. Application filing, processing, and review. 1. Application Filing. An application for a Design Review shall be filed and processed in compliance with Chapter 17.120 (Applications and Processing). The application shall include the information and materials specified in the handout for Design Review applications, together with the required fee, as established by City Council resolution. It is the responsibility of the applicant to provide evidence to support the findings required by Subsection "C (Findings and Decision) below. Initial review of the application, including time requirements and requests for information, shall be provided in accordance with Section 17.120.070(Initial Application Review and Completeness). 2. Application Review. a. Each application for a Design Review shall be reviewed to ensure that the application is consistent with the purpose of this chapter; applicable development standards and regulations of this Zoning Code; and any adopted design guidelines and policies that may apply. Upon receipt of a complete application,the applicable review authority shall review the design, location, site plan configuration, and the effect of the proposed development on surrounding development by comparing the project plans to established development standards, regulations, and applicable design guidelines. b. If the Community Development Director determines that the plans conform to the provisions of this chapter, and the policies adopted by the City Council hereunder,the Community Development Director shall endorse his or her approval thereon in writing to the Planning Commission for them to approve, conditionally approve, or deny. When the plans for an approval do not substantially alter the appearance of the property, the only approval required shall be that of the Community Development Director. Non- substantial alterations include, but are not limited to: 1) Facade or exterior improvements for property maintenance (inclusive of color changes that are primary building colors of existing buildings on the street); 2) Fences and walls; 3) Landscaping; 4) Restriping of parking lots; 5) Signs (excluding new pole and monument signs); 6) Sign face changes on existing pole and monument signs; 7) Roof pitch changes that are consistent with the existing roof shape to accommodate electrical equipment, such as air condition units; and 8) Screening of any mechanical equipment. c. about:blank 03/15/2016 Rosemead, CA Code of Ordinances Page 3 of 18 • After the Design Review application has been deemed complete, the review authority shall either approve or deny the precise plan of design and, if approved, may impose conditions deemed reasonable and necessary to protect the public health, safety and general welfare and ensure compliance with this chapter and various regulations of the City in compliance with Subsection "C" (Findings and Decision), below. 3. Standards of Review.When reviewing development plans that are subject to a Design Review, the following criteria, in addition to other principles of good design, shall be considered as part of the review: a. Compatibility. Compatibility shall be determined by use of the following criteria: 1) The proposed development should protect the development site as well as surrounding properties from noise, odor,vibration, and other impacts that might have an adverse impact. 2) The location and configuration of structures should minimize interference with the privacy and views of occupants of surrounding structures. b. Architectural Design and Detail. Architectural design and detail shall be provided in all proposed development and shall be determined by the use of the following criteria and in compliance with all other applicable provisions of this Zoning Code: 1) New structure design is encouraged to follow a recognized and established architectural style utilizing massing, materials, details, and similar elements of that style. 2) Long, plain, building walls should be avoided by incorporating building articulation (e.g., arcades, decks, material variation, porches, public art, roofline variation,varied setbacks, and windows)and other similar methods. 3) Roof-mounted equipment shall be fully screened.Acceptable methods of screening may include parapet walls or some other creative feature such as an architectural solution. Individual equipment screens may only be used for structures after all other methods of screening have been explored. 4) Rooflines on a structure should create design interest and be compatible throughout the structure and also with existing structures and surrounding development. 5) The design of the structures, driveways, landscaping, lighting, loading facilities, parking areas, signs, solar facilities(except for solar energy systems under Chapter 15.10)and other site features should show proper consideration for the functional aspects of the site (such as, automobile, pedestrian and bicycle circulation)and the visual effect of the development on surrounding areas. 6) Amenities (such as, arbors, architectural lighting,fountains, hardscape, public art, and trellis) and other design features should be provided on larger development projects. 7) Green building practices should be used whenever feasible. 8) Electrical rooms with switchgear and similar items should be located within an electrical room and integrated into the building footprint. 9) Interior roof access shall be used. c. Landscape, Lighting, Parking, Signs, and Other Design Details. Landscaping, lighting, parking, signs, and other design details shall be provided in all proposed development and shall be determined by use of the following criteria: 1) Equipment and Utilities. a) Utility boxes and other similar equipment should be located where they are well screened from public view. b) Mechanical equipment on the site shall be appropriately screened from view. 2) Fences/Walls. a) Fencing, walls, solid waste enclosures, and accessory structures should be harmonious with the principal structure and other structures on the site. ahn„t•h1anlr 03/15/2016 Rosemead, CA Code of Ordinances Page 4 of 18 3) Landscaping. Landscaping should be designed in a way as to accent the property. Special effort should be given to colorful, creative, and varied planting designs that use native and native- compatible species that provide visual interest and water efficiency. Attention shall be given to selecting parking lot trees that provide shade. All landscaping shall conform to the provisions of Chapter 13.08 (Water Efficient Landscapes). d. Lighting. 1) Lighting shall be located so as to avoid glare and to reflect the light away from adjoining property and rights-of-way while recognizing the importance of security. 2) Wall-mounted lighting fixtures should be decorative and be compatible with the architectural style of the structure(s). Wall packs and fixtures that spread uncontrolled light shall be prohibited. 3) Pole-mounted lighting should be of an appropriate scale to compliment the structure that it serves. Wherever possible, decorative poles and fixtures should be used. Findings and Decisions. The Planning Commission or the Community Development Director where authorized, may approve, approve with conditions, or disapprove any application based on the following criteria: 1. The plans indicate proper consideration for the relationship between the proposed building and site developments that exist or have been approved for the general neighborhood; 2. The plan for the proposed building and site development indicates the manner in which the proposed development and surrounding properties are protected against noise, vibrations and other factors which may have an adverse effect on the environment, and the manner of screening mechanical equipment, trash, storage and loading areas; 3. The proposed building or site development is not, in its exterior design and appearance, so at variance with the appearance of other existing buildings or site developments in the neighborhood as to cause the nature of the local environment to materially depreciate in appearance and value; 4. The proposed building or structure is in harmony with the proposed developments on land in the general area, especially in those instances where buildings are within or adjacent to land shown on the General Plan as being part of the Civic Center or in public or educational use, or are within or immediately adjacent to land included within any precise plan which indicates building shape, size or style; 5. The proposed development is in conformity with the standards of this Code and other applicable ordinances in so far as the location and appearance of the buildings and structures are involved; and 6. The site plan and the design of the buildings, parking areas, signs, landscaping, luminaires and other site features indicates that proper consideration has been given to both the functional aspects of the site development, such as automobile and pedestrian circulation, and the visual effect of the development when viewed from the public streets. D. Appeals. The applicant or any person aggrieved by the decision of the Planning Commission may file an appeal to the City Council on any ruling by the Planning Commission by filing a written request in compliance with appeal procedures outlined in Chapter 17.160. E. Issuance of Other Required Permits and Approvals. 1. Grading shall not be commenced and no structure shall be altered, enlarged, erected, moved, or rebuilt subject to the provisions of this chapter, except in compliance with the approved development plans and the conditions imposed on the review. 2. Expiration. Construction of improvements permitted by a Design Review approval shall be "exercised" or commenced within twelve (12) months of the actual date of approval, provided that this time limit may be increased or decreased, at the time of granting the approval, in order to allow the time limit to be concurrent with any other entitlement to construct identified in this Zoning Code. 3. ahout:hlank 03/15/2016 Rosemead, CA Code of Ordinances Page 5 of 18 Extension.An extension of time for a Design Review maybe granted by the Planning Commission upon the written request of an interested person filed with the Community Development Department prior to the expiration of such 12-month period. Such request shall set forth the reasons, supported by factual data,why the plan has been unused, abandoned, or discontinued. No extension of time shall be granted unless the Commission finds the facts to be substantially true as set forth and to constitute justifiable cause for such extension.A fee shall be paid to the City upon the filing of each request for an extension in an amount established by the City Council from time to time by resolution, for the purpose of defraying the expenditures incidental to the proceedings set forth in this chapter. ;Ord. No. 931, § 5(Exh.A), 10-22-13; Ord. No. 954, § 3, 8-11-15) 17.28.030 - Residential/commercial mixed-use development overlay(RC-MUDO)zone. A. Applicability. 1. The RC-MUDO is an overlay zone, which may be applied to existing zoning districts as designated in the General Plan. 2. Land classified in a RC-MUDO overlay zone shall also be classified in another zone. When such a district is established,the Residential/Commercial Mixed-Use Development Overlay Zone shall be shown as an overlay to the underlying districts by the designation of RC-MUDO on the zoning map. A RC-MUDO may overlay several base districts, however, the uses permitted in each base district are limited to the boundaries of that base district, except as otherwise provided herein.The RC-MUDO Zone district shall provide the option of developing under the base zone district or developing a residential/commercial mixed-use development under the overlay zone. 3. Residential/commercial mixed-use development shall be a development that combines and integrates residential uses with commercial, institutional, and office uses utilizing a strong pedestrian orientation. The mix of uses may be combined in a vertical residential/commercial mixed-use building or combined in separate buildings located on one property and/or under unified control.The mix of uses percentage shall be as designated in the General Plan. 3. Approval Procedure. 1. A precise plan of design for a residential/commercial mixed-use development shall be submitted, and approved in accordance with the requirements of Chapter 17,28, Section 17.28.020(Design Overlay(D-O) Zone). 2. The Site Plan and Design Review must comply with the provisions of this chapter and the Mixed-Use Design Guidelines. 3. Only one application for a Site Plan and Design Review shall be required for a residential/commercial mixed- use development in the D Design Overlay Zone. Permitted Uses. 1. The following uses are permitted in a residential/commercial mixed-use development: retail stores and businesses, provided there is no manufacturing, processing or treatment of products other than what is clearly incidental to the retail business conducted on the premises, and not more than twenty(20) percent of the floor area of the building shall be used in the manufacturing, processing or treatment of products, and that such operations or products are not objectionable due to noise, odor, dust smoke,vibration or other similar causes; • Art studios; •ATM facilities subject to the requirements of Section 17.28.030.E.2; • Bakery products shops; • Banks, savings and loan associations, and financial institutions, excluding check cashing or other pay day ibout:blank 03/15/2016 Rosemead, CA Code of Ordinances Page 6 of 18 loan services; • Barber shops, beauty shops and manicure parlors; • Book stores; • Clothing and shoe stores; • Confectionery retail shops; • Department and variety stores; • Drug stores and pharmacies; • Dry cleaning stores, drop-off and pick-up only; • Electric appliance stores and repairs; • Employment agencies; • Fabric and yardage stores; • Florist shops; • Food stores, bakery shops, delicatessens and markets; • Furniture stores, limited to new furniture, except that used furniture taken in trade may be sold provided used furniture sales do not exceed twenty-five (25) percent of the gross floor area or twenty-five (25) percent of total retail floor area, whichever is less; • Grocery, fruit and vegetable stores; • Hardware stores; • Health centers, and similar personal service establishments, with massage as an incidental use and occupying no more than twenty-five (25) percent of the floor area (Administrative Use Permit Required); • Hobby shops; • Interior decorating shops; •Jewelry stores; • Music stores; • Paint stores; • Pet supply stores; • Photo-copy, printing, or office supply stores; • Photographic studio, supply shop, or film pick-up and drop-off point; • Radio and television stores and repair; • Restaurants, take-out and other eating establishments; • Retail sales of automotive parts without installation and no outside storage; • Self-service laundries subject to the requirements of Section 17.28.030.E.5; • Shoe stores or shoe repair shops; about:hlank 1/15/2016 Rosemead, CA Code of Ordinances Page 7 of 18 • Tailor, clothing or wearing apparel shops; and • Travel agencies. 2. The following professional and business office uses are permitted in a residential/commercial mixed-use development: • Accountant; • Acupuncturist and acupressure,without massage or retail sales; • Advertising agency; •Architect; •Attorney; • Auditor; • Bookkeeping service; • Business consultant; • Chiropodist; • Chiropractor; • Dental office; • Engineer; • Governmental buildings and offices; • Insurance agency; • Optician; • Optometrist; • Ophthalmologist; • Osteopath; • Physician; • Psychiatrist, Psychologist, or Counseling Services; • Real estate broker; • Secretarial service; • X-ray technician. 3. Similar professional business uses may be permitted subject to the Community Development Director making the findings set forth in Section 17.04.040. 4. The following uses shall be the only uses for which a Conditional Use Permit may be applied for and granted in a residential/commercial mixed-use development: • Any commercial use that operates after midnight; •Any eating establishment with outdoor seating; 03/15/2016 Rosemead, CA Code of Ordinances Page 8 of 18 • Any establishment having an off-sale license for alcoholic beverages; • Any establishment having an on-sale license for alcoholic beverages; • Commercial recreation and entertainment; • Convenience markets subject to the requirements of Section 17.28.030.E.3; and • Libraries and museums. 5. Residential units shall be permitted in a residential/commercial mixed-use development provided that the densities shall be consistent with the General Plan. 6. Location of Uses. a. Commercial uses shall be permitted on the ground floor or second floor in a residential/commercial mixed-use development. b. Commercial uses shall not be permitted above any professional and business office uses or residential uses. c. Professional and business office uses shall be permitted above the commercial component of a street frontage building, behind the commercial component on the first floor or on second floor or above with same use street frontage but below any residential uses in a residential/commercial mixed-use development. 1) Exception. If a residential/commercial mixed-use development is located at corner that abuts a local residential street, professional office uses may be permitted on the first floor within the portion of the development that abuts the local residential street, provided that the corner tenant is reserved for a commercial retail use. d. Residential uses shall be located either above the commercial and/or office components of a street frontage building or located behind the commercial or office component on any floor where there is a distinct separation of uses and access, provided pedestrian connections are furnished as part of a unified development theme. D. Development Standards. 1. Public Realm and Streetscape. a. Public Sidewalks.The following shall apply to public sidewalks: 1) The minimum building setback shall be twelve (12)feet as measured from the curb face, and shall be in the form of both existing right-of-way and a recorded pedestrian access and utility easement; 2) The minimum building setback area shall include a minimum seven-foot wide detached sidewalk (clear zone)and a minimum five-foot wide parkway(amenity zone)adjacent to all streets. The amenity zone shall be located between the curb face and the clear zone. The clear zone shall be located between the building and the amenity zone; 3) The sidewalk in the clear zone shall be constructed of concrete, comply with ADA accessibility standards and be subject to the review of the City Engineer; 4) The clear zone shall be unobstructed by any permanent or nonpermanent element for a minimum width of seven feet and a minimum height of eight feet; and 5) The amenity zone shall include street trees, landscaping, public signs, public art, street lighting, street furniture, and other pedestrian-oriented amenities, as appropriate. b. Street Trees. 1) All species of mature oak trees shall be preserved or otherwise dealt with in accordance with Article 4, Chapter 17.104. 2) The removal of other mature trees shall be subject to the review and approval of the Urban Forester. about:blank 03/15/2016 Rosemead, CA Code of Ordinances Page 9 of 18 3) Mature street trees that are approved for removal by the Urban Forester shall be replaced with a minimum of three new mature box trees that have at least a 24-inch box and are the same species of the replaced mature street trees or a species approved by the Urban Forester.The City reserves the right to increase the number of trees if it deems necessary in order to compensate for mature tree loss. 4) The amenity zone shall be planted with street trees at an average spacing not greater than thirty(30) feet on center. c. Transit Stops. 1) Transit stops shall be designed as integral elements of a residential/commercial mixed-use development by collocating them with pedestrian-oriented amenities, such as pocket parks, courtyards, plazas, etc.,whenever possible. 2) When an existing transit stop is located on a sidewalk adjacent to the location of a development, a shelter for transit patrons shall be constructed that: a) Incorporates architectural features of the development and is compatible with the development; and b) Includes a shelter, bench and lighting. d. Corner Lot. 1) On intersection corners,where both streets have four lanes: a) Building architecture on intersection corners, where both streets have four lanes or more, shall receive special treatment to enhance the pedestrian experience, and create visual interest and focal points at the entryways, such as, but not limited to, building cut-offs and corner entrances with additional architectural detail, decorative landscaping, hardscape, planters, canopy, overhang or other architectural covering over the building entry; and b) Buildings shall have a five-foot angled corner setback measured from both intersecting property lines. 2) On intersection corners, regardless of the number of lanes on each street: a) Retail and office uses within buildings facing two or more streets shall have at least one customer entrance facing the primary street and one customer entrance facing the second street or instead of two entrances, a corner entrance; and b) Buildings on corner lots shall address both streets with an equal level of architectural detail. e. Outdoor Seating. 1) No permanent seats or structures shall be placed in the public right-of-way without the review and approval of the City Engineer. 2) Outdoor seating furniture shall not be located within the clear zone without prior review and approval of the City Engineer. 3) Outdoor seating furniture shall be a minimum of ten (10)feet from the nearest transit stop. 4) Any outdoor dining area may be separated from the sidewalk only with planters, shrubs, or fencing with a maximum height of forty-two (42) inches. f. Undergrounding of Utilities. 1) Utility lines to a development from the building to the property line, including, but not limited to, electric, communications, street lighting and cable television shall be placed underground. 2) Utility lines within the right-of way shall be placed underground to the maximum extent practicable. The requirements of this section may be waived by thePlanning Commission upon recommendation from the City Engineer if it is determined that topographical, soil or any other conditions make such underground installations unreasonable or impractical. ahniit•hlank 03/15/2016 Rosemead, CA Code of Ordinances Page 10 of 18 2. Site Design and Circulation. a. Lot Size. The minimum lot size for a residential/commercial mixed-use development shall be thirty thousand (30,000) square feet. b. On-Site Tree Preservation. 1) All species of mature oak trees shall be preserved or otherwise dealt with in accordance with Article 4 Chapter 17.104. 2) The removal of other mature trees shall be subject to the review and approval of the Planning Commission. 3) Mature trees that are approved for removal by the Planning Commission shall be replaced with new mature trees that have at least a 24-inch box and are the same species of the replaced mature trees. c. Bicycle Parking. 1) Bicycle parking spaces shall be equal to ten (10) percent of required off-street parking, with a minimum of eight bicycle parking spaces per residential/commercial mixed-use development. Bicycle 4 parking facilities shall be: a) Securely anchored to the lot surface so they cannot be easily removed and shall be of sufficient strength to resist theft; b) Separated by a physical barrier to protect the bicycle from damage by motor vehicles if located within a vehicle parking area; and c) Motor vehicle entrances shall display adequate signs to indicate the availability and location of the bicycle parking facilities. d. Access and Location of Off-Street Parking. 1) At-grade parking shall not be located between any building and the street frontage. 2) Vehicular access to corner lot developments shall be from an alley or from a side street. 3) Access to parking on interior lots shall have only one vehicular access, which shall not be from the street if the lot abuts an alley. A second vehicular access may be allowed for lots that have a street frontage of three hundred fifty(350)feet or more and do not abut an alley. Developments on those lots may have additional driveways that are not closer than three hundred (300) feet apart. 3. Parking Requirements. a. Residential: 1) Two parking spaces shall be provided for every dwelling unit; 2) One guest parking space shall be provided for each two dwelling units in a multiple-family dwelling project; 3) Residential parking shall be separate from commercial parking and accessed through a secure gated entrance; and 4) A reduction in the number of residential parking spaces may be approved upon the determination by the Planning Commission that a parking demand analysis prepared by a competent traffic and transportation engineer demonstrates, that the required number of spaces exceeds actual expected demand. b. Commercial. 1) The parking requirements shall be provided in accordance with Chapter 17.112; and commercial parking shall be separate from residential parking by a secure gated entrance to the residential areas. 4. Separation of Access to Residential and Commercial. Access to floors with residential units shall be secure and through a locking gate or entryway. 5. Trash and Loading Areas. Trash and refuse collection, and recycling areas shall comply with the following nhn>>t•>-dnr,Ir n/1 -S/7(116 Rosemead, CA Code of Ordinances Page 11 of 18 provisions in addition to the requirements set forth in Article 3, Chapter 17.32 (Accessory Structures). a. All trash enclosures shall be fully enclosed with self-closing and self-latching doors, and each enclosure shall accommodate both trash and recycling bins. b. Trash enclosures shall be an integral part of the building design whenever possible. c. Trash enclosures shall be of the same architectural style as the development. d. Trash chutes are encouraged. However, chute access must be screened from public view, be fully contained within a "chute closet" that is accessible by a self- latching door, and have a safety hatch that is necessary to pull in order to dispose of trash. e. Loading areas shall be clearly designated. f. Loading areas shall be screened from public view to avoid negative noise, visual, and illumination impacts on the residential portion of the development and may be accomplished by the construction of six-foot high perimeter walls that are architecturally compatible with the primary structures and on-site landscaping. g. All screening walls shall be landscaped using vines, hedges, or other plant material necessary to provide a minimum fifty(50) percent coverage. h. Trash pick up and loading activities are permitted only during the hours of seven a.m. to seven p.m. 6. Ground Floor Access. a. Commercial uses that have street frontage shall be accessible to the public through the street front entrance during all hours the business is open. b. Residents of a development shall have a separate and secure street access to the residential units. c. Pedestrian walkways or sidewalks shall connect all primary building entrances to one another. Pedestrian walkways shall also connect all on-site common areas, parking areas, storage areas, open space, and recreational facilities. 7. Open Space and Recreation. a. Usable Common Open Space. 1) Each residential/commercial mixed-use development shall have at least one hundred fifty(150) square feet of usable common open space per dwelling unit. 2) All usable common open space shall be conveniently located and readily accessible from all residential units in a residential/commercial mixed-use development. 3) Each usable common open space shall have no side with a dimension of less than ten (10)feet and may incorporate any areas of the site except where it is within five feet of public rights-of-way, private streets and alleys, and shall not include or incorporate any driveways or parking areas, trash pickup or storage areas, utility areas, or on any rooftop where mechanical equipment is located. 4) Forty-five (45) percent of the required usable common open space shall provide active recreation facilities such as recreational buildings, sports courts and swimming pools, children's play areas, and barbeque and picnic areas.The remainder of the required usable common open space shall be landscaped, accessible and available to all of the residents of the residential/commercial mixed-use development for outdoor activities. 5) There shall be a minimum distance of fifteen (15)feet measured horizontally between any swimming pool and the nearest point of any balcony, porch, second story patio, sun deck, or other architectural feature of a building or structure with windows, doors, or other openings of sufficient size to permit the passage of persons. 6) ahniit•hlank 03/15/2016 Rosemead, CA Code of Ordinances Page 12 of 18 Courtyards internal to a project, or enclosed on at least three sides, shall have a minimum width of forty(40) feet, and shall be landscaped with a ratio of hardscape to planting not exceeding a ratio of one square foot of landscape to one square foot of hardscape. Pools and spas shall be excluded from this ratio. 7) All required usable common open space shall be developed and professionally maintained in accordance with approved landscape and irrigation plans. b. Usable Private Open Space. 1) Each dwelling unit shall also have a private patio or balcony for usable private open space that is not less than sixty (60) square feet in area, and shall have an average depth of not less than five feet. 2) No portion of any private patio or balcony shall be used for the permanent storage of rubbish,junk, clotheslines, or garbage receptacles. "Permanent storage," as used in this subsection, means the presence for a period of forty-eight(48) or more consecutive hours on a patio or balcony. 8. Landscaping. a. A landscape and irrigation plan shall be prepared by a professional landscape architect and shall be submitted and approved by the Planning Division along with the application for a Site Plan and Design Review. b. All usable open space, such as pedestrian walkways, separations between buildings, yard areas, and common recreation areas shall be landscaped and provided with permanent, moisture-sensing devices, control timer, and underground irrigation systems. c. Said landscaping shall be developed in accordance with the submitted and approved landscaping plan and shall include a plan for continued maintenance. The landscape plan shall satisfy the following requirements: 1) The landscaping plan shall consist of a combination of trees, shrubs and groundcovers with careful consideration given to size at maturity. 2) The minimum planting material size standards for identified landscaped or open areas are: a) Specimen size tree materials (30-inch box) shall be provided for the ultimate coverage of no less than ten (10) percent of the area to be devoted to landscaping, or ten (10)trees, whichever is greater. b) Tree material (15-gallon) shall be provided for the ultimate coverage of fifteen (1 5) percent of the area devoted to landscaping, or twenty(20)trees, whichever is greater. c) All shrubs shall be a minimum of five gallons in size and shall be used to enhance all entrances, walkways, building walls, and separation walls in a manner which compliments the entire project. 3) The landscape and irrigation plan shall make use of moisture sensors and controlled timing devices in regard to landscape irrigation concept for one hundred (100) percent watering to all planted areas. d. Landscape design must incorporate energy and water conservation measures, and comply with RMC Chapter 13.08, Water-Efficient Landscapes, where applicable. e. Non-deciduous trees shall be planted in uncovered surface parking lots at a minimum of one tree per ten (10) spaces or to provide a fifty(50) percent shade canopy coverage within a minimum of ten (10)years after planting. All trees within the parking area shall be a minimum of 24-inch box size at planting. However, larger trees (e.g., 36-inch box and 48-inch box) may be required by the Planning Commission. Each tree shall have a deep root watering system and a root barrier. f. The developer and subsequent owners shall be responsible for maintaining the landscaping as shown on the approved plan. Maintenance shall include regular irrigation, weeding, fertilizing, and pruning and replacement of dead materials. 9. On-Site Facilities. -L 03/15/2016 Rosemead, CA Code of Ordinances Page 13 of 18 a. A laundry area shall be provided in each unit, or a common laundry area shall be provided. Such facilities shall consist of not less than one automatic washer and dryer for each five units or fraction thereof. b. A single area of private and secure storage space shall be provided for each dwelling unit. Such storage may be co-located with a utility closet so long as the required storage space remains clear of mechanical equipment and appurtenances, be located outside of the unit accessible from a common hallway or balcony/patio, or in the garage, provided it does not interfere with automobile parking. 10. Lighting. a. A photometric survey(lighting plan) shall be approved by the Planning Commission for each mixed-use development. c. All residential/commercial mixed-use developments shall have exterior lighting that provides adequate visibility at entrances, public sidewalks and open areas with a safe level of illumination at night. d. Exterior lighting shall be of low intensity and shielded so that light will not spill out onto surrounding properties or project above the horizontal plane. e. Lighting shall not blink,flash, oscillate or be of unusually high intensity of brightness. Exposed neon or unshielded or uncovered lighting shall be prohibited. f. Lighting for commercial uses shall be appropriately shielded to not negatively impact the on-site residential units. g. All lighting shall be integrated with landscaping wherever possible. 11. Walls and Fences. a. A six-foot high masonry wall shall be constructed along the property line of any lot where construction of any residential/commercial mixed-use development is adjacent to property zoned and or used for residential purposes. Said wall shall be limited in height to forty-two(42) inches where it abuts the required front yard setback on the adjacent property zoned or used for residential purposes. b. Walls shall have a decorative texture that matches the walls of the development.Vines shall be planted six feet apart along all masonry walls to soften a wall's appearance. c. Chain-link, wood fences, barbed wire, razor-wire, and spikes shall be prohibited. 12. Building Form. a. Setbacks. 1) Interior Lot Lines.The minimum setback area from an interior side lot line may be zero but shall be a minimum of ten (10)feet if more than zero. If the site abuts residential uses, school or park a minimum 10-foot setback is required. 2) Side Street. No minimum setback is required except where rear of lot abuts side of residential uses, school or park, in which case a setback of twenty(20)feet shall be maintained within twenty-five (25) feet of the established common property line.This required setback area may be used to meet the landscaping requirements, or for required open space, so long as all other provisions in this Code are satisfied. 3) Rear. a) If the site abuts residential uses, school or park a minimum ten-foot setback is required. b) If the site abuts nonresidential uses,the minimum setback from the rear lot line may be zero but shall be a minimum of ten (10)feet if more than zero. (1) If the site abuts an alley,the minimum setback from the property line shall be ten (10)feet, provided the setback does not contain an egress or ingress access way to or from a covered parking structure. If an egress or ingress access way is provided to or from a covered parking structure,the minimum setback from the property line shall be twenty(20)feet within the access way area. 03/15/2016 osemead, CA Code of Ordinances Page 14 of 18 4) Front. a) The front setback on an arterial street may be zero with a maximum setback of three feet. b) In any case where the public sidewalk setback results in a greater setback, the sidewalk setback shall prevail. c) The setback area for the ground floor may be expanded beyond three feet up to an additional ten (10)feet to provide enhanced building entrances, outdoor dining areas, courtyards, pedestrian arcades, and/or landscaping, etc. 5) Parking Lot Abutting Public Street. Any area of a surface parking lot that abuts a public street shall be set back from the sidewalk a minimum of ten (10) feet and screened by landscaping and a decorative three-foot high masonry wall. Landscaping shall include trees planted a maximum of twenty-five (25) feet on center and other plantings to achieve sixty(60) percent ground coverage within two years of planting. b. Variable Height Setback. All residential/commercial mixed-use developments shall have a variable height limitation when abutting R-1 and R-2 zones in accordance with Section 17.08.050.1. c. Encroachments. 1) No part of the structure, permanent attachment or other similar architectural feature: a) May extend into a required front, side or rear yard or minimum distance between buildings for more than two feet; and b) May extend into the public right-of-way without approval of an encroachment permit. 2) Hedges or any other shrubs or landscaping shall not encroach onto a curb or sidewalk or over a lot line. d. Building Mass. 1) The maximum floor area ratio (FAR) and the number of dwelling units per acre for any residential/commercial mixed-use development shall be as established by the General Plan and referenced below. 2) Mixed-Use: Residential/Commercial shall be developed with twenty-five (25)to thirty(30) dwelling units per acre and a maximum 1.6:1 FAR. The project shall consist of a 67-percent residential and 33- percent commercial land use mix. Deviations from the land use percentage mix may be approved by the Planning Commission. 3) Mixed-Use: High Density Residential/Commercial shall be developed with forty(40)to sixty(60) dwelling units per acre and a maximum 2.0:1 FAR.The project shall consist of a 75-percent residential and 25-percent commercial land use mix. Deviations from the land use percentage mix may be approved by the Planning Commission. 13. Height. a. The maximum height of a residential/commercial mixed-use development shall be consistent with the land use element of the General Plan as outlined below. 1) Mixed-Use: Residential/Commercial (twenty-five (25) to thirty (30) du/ac; three) stories) shall have a maximum height of forty-five (45)feet. 2) Mixed-Use: High Density Residential/Commercial (forty (40)to sixty(60) du/ac; four stories) shall have a maximum height of fifty-five (55) feet. a) Maximum Height Limit Exception. The Planning Commission may allow the overall height requirement, indicated as maximum feet in this section, to exceed the maximum by no more than five feet upon recommendation from the Community Development Director if it is determined that the additional height would provide unique architectural elements that would enhance the project overall. • 03/15/2016 • Rosemead, CA Code of Ordinances Page 15 of 18 14. Screening. a. Rooftops should be designed in a way that acknowledges their visibility from other buildings and the street. Equipment shall be screened on all four sides from both the street and neighboring buildings using parapets or similar architectural features and from the top where visible from an adjacent building of greater height. b. Service and loading zones where visibility from public streets and views from neighboring buildings and properties shall be screened by the use of decorative walls and/or dense landscaping that will serve as both a visual and a noise barrier. 15. Land Use. a. Ground Floor Uses. 1) Notwithstanding Section 17.28.030.C.6.c.1),the ground floor uses on the street frontage shall be commercial. 2) Outdoor seating may be allowed on private property with a conditional use permit. 3) When alcoholic beverages are permitted in outdoor seating areas that are immediately adjacent to a public pedestrian way,the landscape separation physical design and plant material should compliment the design of the building and prevent passing or carrying alcoholic beverages outside the restaurant seating area and a sign shall be posted. b. Vertical Compatibility of Uses. 1) Commercial uses shall be designed and operated such that neighboring residents of residential units on the floors above are not exposed to offensive noise, especially from traffic,trash collection, routine deliveries or late night activity. 2) A conditional use permit shall be required for commercial uses that operate after midnight. 3) No use, activity or process shall produce continual vibrations or noxious odors that are perceptible without instruments at the property lines of the site or within the interior of residential units on the site. 16. Noise Abatement. a. Loudspeakers, bells, gongs, buzzers, or other noise attention or attracting devices that exceed sixty(60) decibels between the hours of seven a.m. and ten p.m. or forty-five (45) decibels between the hours of ten p.m. and seven a.m. at any one time beyond the boundaries of the property or within office or residential uses on the floors above shall not be permitted. b. All windows in residential units in a residential/commercial mixed-use development shall be double- paned. c. Mechanical equipment shall be set back a minimum of four feet from any residential property line and shall be insulated to prevent any noise disturbance. d. Residential portions of the project shall be designed to limit the interior noise caused by the commercial and parking elements of the development. Proper design may include, but shall not be limited to, building orientation, double or extra-strength windows,wall and ceiling insulation, and orientation and insulation of vents. 17. Architecture. a. Ground Floor Facade. 1) There shall be articulated facades at the ground floor street frontage, which may include such measures as indentation in plane, change of materials in a complimentary manner, and sensitive composition and juxtaposition of openings. 2) A building shall have no more than twenty(20)feet of continuous linear street-level frontage that is without windows or entrances or other architectural detail. 03/15/2016 Rosemead, CA Code of Ordinances Page 16 of 18 3) A minimum of fifty (50) percent of the ground floor facade facing any arterial street to a height of eight feet shall be visually transparent into the building or provide a minimum depth of three feet for window merchandise display. Any deviation may oe reviewed and approved by the Community Development Director. b. Window Placement. Windows of residential units in residential/commercial mixed-use developments shall not directly face windows of other residential units within the residential/commercial mixed-use development, unless there is a distance of eighty(80)feet or more between such windows. Windows of residential/commercial mixed-use developments shall not directly face windows of residential units on lots that abut the residential/commercial mixed-use development in order to maximize privacy. c. Design Differentiation Between Floors. The area where the first floor meets the second floor shall clearly define a change in materials, colors, and style between the first and second floors. 18. Signs. a. A uniform sign program shall be approved by the Planning Division for each residential/commercial mixed-use development. b. Permitted sign types shall be limited to wall, window, awning and monument signs and shall not be located above the first floor. c. Building-mounted signs, including wall, window and awning, shall not exceed a cumulative total of one square foot of sign area per one lineal foot of building frontage of each business. d. Pole signs shall be prohibited. e. A monument sign shall be used only to identify multiple businesses in the commercial portion of a residential/commercial mixed-use development based on the following criteria: 1) One-third square foot of monument sign area per one lineal foot of lot frontage with a maximum of fifty (50) square feet. 2) The entire sign structure shall be considered as sign area. 3) The sign copy area shall not exceed sixty(60) percent of the background wall area. 4) All monument signs shall contain only the name of the development and/or the names of the businesses. 5) Monument signs shall not encroach into any required landscaped setback area when abutting open areas or encroach more than one-half the required landscaped setback area when located in front of a building. 6) Sign copy shall be back-lighted or indirectly lighted. 7) The background wall of the monument sign shall not exceed six feet in height. 8) A maximum of one sign per development. 9) The monument sign shall be setback a minimum of three feet from the property line at a location where the building is setback a minimum of ten (10) feet. 19. Roofline Variation. a. Flat roofs are preferred and shall be screened with parapets on all sides of the building. If no rooftop equipment exists or is proposed the parapet shall be a minimum of three feet in height. b. Where architecturally appropriate, sloped roofs shall provide articulation and variations to divide the massiveness of the roof. Sloped roofs shall include eaves, which are a minimum of eighteen (18) inches in width. Sloped roofs shall screen mechanical equipment by providing a "roof-well", or by placing the equipment within the roof structure. c. All rooflines in excess of forty (40) feet wide must be broken up through the use of gables, dormers, plantons, cutouts or other appropriate means. 20. Awnings. 03/15/2016 Rosemead, CA Code of Ordinances Page 17 of 18 a. Awnings may encroach into the public right-of-way by extending over the sidewalk or parkway with review and approval from the City Engineer and Building Official. b. Awnings, arcades, and galleries may encroach into the sidewalk within two feet of the curb but must clear the sidewalk vertically by at least eight feet. c. Projections beyond the front or exterior side lot line of a corner lot shall require the review and approval of the City Engineer and the Building Official. 21. Mechanical Equipment. a. Wall-mounted equipment shall be flush with the exterior building walls and painted to match the color of the exterior of the building and screened from the view of any public right-of-way.Window-mounted air conditioners or exterior-mounted fans shall be prohibited. b. Ground-mounted and pad-mounted mechanical or utility equipment and other such similar equipment shall be screened from view from all public rights-of-way and adjacent properties by architectural building features,fencing or landscaping. E. General requirements. 1. Use of Green Construction Materials and Energy and Water Conservation Features.The following types of green building practices are encouraged: a. Developments that use materials composed of renewable, rather than nonrenewable resources(green construction materials). b. Developments that construct buildings that exceed minimum statewide energy construction requirements beyond Title 24 energy requirements. c. Developments that employ passive heating and cooling design strategies to the maximum extent feasible. Strategies to be considered include orientation; natural ventilation, including cross-ventilation in residential units, high insulation values, energy efficient windows including high performance glass, light- colored or high-albedo (reflective) roofing and exterior walls, window shading, and landscaping that provides shading during appropriate seasons. d. Developments that implement U.S. EPA Certified Water Sense labeled or equivalent faucets and high- efficiency toilets(HETs) in residential uses, and implement water conserving shower heads to the extent feasible. e. Developments that provide Energy-Star rated appliances in the residential units. 2. Automated Teller Machines(ATMs)and Walk-Up Bank Services. a. ATM facilities shall be located only on the public street side of a residential/commercial mixed-use development. b. The ATM shall be set back three feet into an alcove adjacent to the public sidewalk to provide a privacy area. c. Adequate lighting for the ATM shall be provided. d. The ATM shall provide rear-view mirrors and cameras that can record activity and have quality color video capabilities for surveillance purposes. e. The ATM shall comply with ADA accessibility standards. f. A trash receptacle shall be immediately accessible to the ATM. g. ATMs and walk-up bank services are subject to the approval of the Planning Division. h. When the ATM is removed, the structure's facade shall have a finished appearance consistent with the existing structure, and be subject to the approval of the Planning Division. 3. Convenience Markets. a. 03/15/2016 Rosemead, CA Code of Ordinances Page 18 of 18 A convenience market in a residential/commercial mixed-use development shall be a market or grocery store having an enclosed gross floor area of less than three thousand (3,000) square feet and engaged primarily in the sale of a limited range of food items, a limited range of household items, magazines, off- sale alcoholic beverages and similar items but not including produce or fresh meat. b. Convenience markets in a residential/commercial mixed-use development shall satisfy the following criteria: 1) A convenience market shall be permitted with a conditional use permit. 2) No exterior vending machines shall be permitted. 3) No video, electronic or other amusement devices or games shall be permitted on the premises. 4) No outdoor storage or stacking of shopping carts shall be permitted. 5) No storage, display, or sales of any merchandise, fixtures or other material shall be permitted outside the building. 4. Household Pets. If permitted by the property owner, or specifically allowed by the right granted in the covenants, conditions and restrictions (CC&Rs) of the project, household pets subject to the requirements of Title 6 of the Rosemead Municipal Code may be allowed in the residential units of a residential/commercial mixed-use development. 5. Self-Service Laundries. a. Any self-service laundry in a residential/commercial mixed-use development shall be operated with at least one attendant on-site during all hours of operation. b. The restroom facilities located within the self-service laundry shall remain locked at all times until access is provided to customers by means of a key provided by the self-service laundry attendant. c. Signs shall be posted in a conspicuous place inside the self-service laundry that notifies patrons that loitering, panhandling and/or the consumption of alcoholic beverages upon the premises is prohibited. d. Window signs shall not be permitted. e. All laundry carts shall remain inside the building. f. No video, electronic or other amusement devices or games shall be permitted in the self-service laundry. g. There shall be a maximum of three vending machines at the self-service laundry and all of the vending machines shall be located inside the building. h. Clear windows shall be provided at the entry and along the storefront to provide visibility into the unit. 6. Special Activities. a. The sale of any goods on a sidewalk or alley adjacent to a residential/commercial mixed-use development may be permitted in compliance with Chapter 17.76 (Outdoor Sales and Garage Sales). b. Traditional noncommercial holiday decorations that do not contain advertising shall be permitted. c. The display of no more than three of any of the following flags shall be permitted at the same time at any single location on a residential/commercial mixed-use development: 1) The flag of the United States; 2) The flag of the state of California or its political subdivisions. 7. Used Goods. a. Used goods, furniture, appliances, equipment and machinery may not be displayed or sold unless such goods have been taken in trade on new sales made at the same location. 1 b. 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