§ 17.08

Rosemead shall be divided into zoning districts that implement the General Plan. These districts shall also classify, regulate, restrict and segregate the uses of land and buildings. The Garvey Avenue Specific Plan establishes its own land use zoning districts described in Chapter 17.21 of this Title. The zoning districts described in Table 17.08.010.1 are hereby established, and shall be shown on the official Zoning Map adopted.

Table 17.08.010.1 ZONING DISTRICTS

Residential Zoning Districts

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 978, § 5(Exh. A), 2-27-18)

17.08.020 - Official zoning map.

The official Rosemead Zoning Map has been adopted separately by the City Council and is on file in the office of the City Clerk. The Zoning Map is made a part of this Title by reference, and all notations, references and other information shown thereon shall be as much a part of this Title as if such notations,

references and information were fully set forth herein. All properties included in such zoning map are classified and zoned in accordance with the zoning designation shown on the Zoning Map.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Where uncertainty exists as to the boundaries of any zone shown on the zoning map, the following provisions shall apply:

A.

Where such boundaries are indicated as approximately following street and alley lines or lot lines, such lines shall be construed to be such boundaries.

B.

In un-subdivided property or where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by the use of the scale appearing on the map.

C.

Where any public street or alley, or any portion thereof, is officially vacated or abandoned, the regulations applicable to abutting property shall apply to the centerline of such vacated or abandoned street or alley.

D.

Where any private right-of-way or easement of any railroad, railway, canal, channel, transportation or public utility company, or any portion thereof, is vacated or abandoned, the regulations applicable to abutting property shall apply to such vacated or abandoned property.

E.

All property in the City not otherwise zoned, and all property hereafter annexed and not zoned upon annexation, is classified as R-1 until such time as the City Council re-classifies the property consistent with the General Plan land use designation for the property. In case any uncertainty exists, the Community Development Director shall determine the location of boundaries pursuant to Section 17.08.030.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

Petition for Pre-zoning. Upon the initiation of proceedings for the annexation of property to the City, the owner or owners may request the City to concurrently adopt the proposed zoning designation or designations for the property or properties involved in such annexation, in the event the property is annexed to the City. The City Council may also initiate proceedings for pre-zoning properties that may be annexed into the City.

B.

Pre-zoning Optional. The proceedings for establishing the zoning of property pending proceedings for annexation of such property to the City, are optional, and are not to be construed as a condition precedent to the completion of any annexation proceeding.

C.

Adoption of Zoning. Procedures for application, notice and hearings for pre-zonings shall be in accordance with Chapter 17.152, General Plan, Zoning Map and Zoning Code Amendments. The City Council shall classify property to be annexed for zoning purposes in accordance with the General Plan, and in accordance with its determination, to be effective upon the date of annexation of the property to the City.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

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. Regardless of the preceding, the Garvey Avenue Specific Plan shall take precedence over the Municipal Code when this Title conflicts with the Specific Plan.

B.

Additional Permitted Uses. Uses of land not listed as permitted in Sections 17.12.020, 17.16.020, 17.20.020, 17.24.020, and 17.28.020 shall not be permitted unless any such unlisted use is determined to be permitted by the Community Development Director in accordance with Section 17.04.040.

C.

Regulations Applicable to all Zones. The general regulations provided in this Section shall apply to all land and development subject to this Title. In the event of a conflict between these general regulations and the regulations provided with respect to a specific zone, the latter shall prevail.

1.

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.

2.

Building Height. Where a building height is given, this shall be the maximum building height, except as specifically authorized in Article 2, Chapter 17.12 (Residential Zoning Districts), Chapter 17.16 (Commercial

Zoning Districts), Chapter 17.20 (Commercial and Industrial Zoning Districts), Chapter 17.24 (Special Purpose Zoning Districts), and Chapter 17.28 (Overlay Zones). 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.

No penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment; towers, roof signs, or other similar structures shall exceed the height limit provided in this Title, except as may otherwise be permitted. Radio and television masts, and steeples may extend not more than thirty (30) feet above the height limit provided in this Title, provided that in the opinion of the Building Official the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances. Ground-mounted flagpoles shall be allowed in residential zones to a maximum height of twenty-eight (28) feet and in nonresidential zones to a maximum height of thirty-five (35) feet.

3.

Yards. Where a yard distance is given this shall be a minimum distance, except as here after provided:

a.

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.

b.

No yard or other open space provided about any building for the purpose of complying with the regulations of this Title or amendments thereto, shall be considered as providing a yard or open space for any other building or structure.

c.

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.

All required yards shall be established by minimum building setbacks as specified in the development standards tables for each of the zone districts.

1)

Setbacks shall be the measurement between a property line or right-of-way line to the building line of any structure.

The building line of a structure shall be along the foundation or columns that support the structure's outside elevation. The outside wall of a cantilevered story above the first floor shall be considered the building line for the purpose of establishing the required setback.

4.

Lot Area and Dimension Requirements.

a.

Where a minimum lot area is given this shall be the minimum lot area. However, when any lot(s) has been legally created and is subsequently zoned to a minimum parcel size larger than the existing parcel size, said lot(s) shall be found to be legally nonconforming and shall not be subject to requirements for variance to minimum lot size for the development of uses that are permitted by right.

b.

Lot Width. Where a lot width is given this shall be a minimum distance. However, when any lot(s) has been legally created and is subsequently zoned to a minimum lot width larger than the existing lot width, said lot(s) shall be found to be legally nonconforming and shall not be subject to requirements for variance to minimum lot width for the development of uses that are permitted by right.

c.

Uses that have specific lot area or dimension requirements. A nonconforming lot due to lot width or lot area may be occupied by any use permitted in the zone in which it is located except for those uses which require a width, area, or other lot dimension other than the minimum specified in the area requirements of the zone.

D.

Building Under Construction. Any building or structure for which a building permit has been issued prior to the effective date of this Title may be completed and used in accordance with the plans, specifications and permits on which the building permit was granted, as long as the construction is commenced within sixty (60) days after the issuance of the permit and diligently pursued to completion.

E.

Public Street Access for Dwellings. Unless otherwise provided for in this Title, every dwelling shall have access to a public street or other permanent means of access to a public street by way of direct lot frontage or a public or private easement or passageway other than an alley.

F.

Through Lots. On through lots, both lines separating such lot from a public street shall be designated as front lot lines.

G.

Utilities. The provisions of this Title shall have no application to utility facilities subject to the jurisdiction of and regulation by the State of California Public Utilities Commission.

H.

Street Dedication and Improvement. 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 R-1, R-2 or R-3 zone, if such lot abuts a Major arterial or Minor arterial, unless one-half of the street which is located on the same side of the street as such lot has been dedicated for the full width of the lot, subject to the following provisions:

1.

Major and Minor arterials to which these provisions apply are those shown on the Circulation Plan for Major Rosemead Roadways in the Circulation Element of the General Plan.

2.

The maximum area of land to be so dedicated shall be proportional to the impacts caused by the proposed development, and shall not exceed twenty-five (25) percent of any such lot.

3.

Dedication and improvements shall be for the full frontage of the lot on a Major or Minor arterial, and shall meet the standards for Major and Minor Arterial streets as approved by the City Council and on file in the office of the City Engineer.

4.

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 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 such improvements 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.

5.

Whenever any uncertainty may exist as to the application of the provisions of this Section in the matter of street alignments, area of dedication, or improvement specifications, the City Engineer shall determine their application in conformity with the adopted Circulation Plan for Major Rosemead Roadways.

6.

A property owner required to dedicate land under the provisions of this Section may appeal any such requirement to the City Council.

I.

Variable Height. In addition to the height requirements set forth in each zone, the following development standards shall apply. When the requirements of this Section conflict with sections of this Municipal Code, the most restrictive shall apply:

1.

All commercial, industrial, nonresidential planned development zones, and residential commercial mixeduse zones shall have a variable height limitation established when abutting R-1 and R-2 zones, described as follows and shown in Figure 17.08.050.1 Commercial Rear Yard Setback Adjacent to Residential Zones and Figure 17.08.050.2 Commercial Side Yard Setback Adjacent to Residential Zones:

a.

P-O, C-1, C-3, C-4, CBD, CI-MU, M-1, P-D, P, and RC-MUDO Zones Rear Yard Limitations. Establishing a height at fifteen (15) feet above the finished grade of adjacent residential property line and located twentyfive (25) feet from the rear property line, a sixty (60) degree incline plane is projected that establishes the height limitation.

==> picture [402 x 385] intentionally omitted <==

b.

P-O, C-1, C-3, C-4, CBD, CI-MU, M-1, P-D, P, and RC-MUDO Zones Side Yard Limitations. Establishing a height at fifteen (15) feet above the finished grade of adjacent residential property line and located ten (10) feet from the side property line, a sixty (60) degree incline plane is projected that establishes the height limitation.

==> picture [380 x 385] intentionally omitted <==

When P-O, C-1, C-3, C-4, CBD, CI-MU, M-1, P-D, P, and RC-MUDO zone street frontage is opposite R-1 or R-2 zones, the inclined plane set forth in subsection (a)(1) of this section shall be used, commencing at a height of thirty-five (35) feet and located twenty (20) feet from the front property line facing the residential zone.

==> picture [385 x 384] intentionally omitted <==

3.

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.

J.

Trash Enclosures. Enclosed solid waste collection areas shall be conveniently located and shall be an integral part of the architectural development of properties with three or more residential units and all properties with nonresidential development. See Article 3, Chapter 17.32 (Accessory Structures) for the development standards of trash enclosures.

K.

Security Bars. Metal security bars, gates, grilles, or wire mesh shall not be used on the exterior of any window that is visible from any street or other public space.

L.

Visible Street Address. The street address of a development shall be clearly visible from the street to which the building is addressed.

M.

Transit Measures. New multifamily developments in the R-3 zone and all commercial, industrial, mixed use and overlay zones shall incorporate both local and regional transit measures into project design that promotes the use of alternative modes of transportation and/or construct, contribute or dedicate land for the provision of on-site bicycle trails linking the facility to designated bicycle commuting routes, in accordance with the trip reduction regulations in Chapter 12.32 of the Municipal Code.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 978, § 5(Exh. A), 2-27-18)

17.08.060 - Hierarchy of zoning district restrictiveness.

The following base zone districts are listed in the order of most restrictive permitted uses to least restrictive permitted uses:

P: Automobile Parking Zone

O-S: Open Space Zone

R-1: Single-Family Residential

R-2: Light Multiple Residential Zone

R-3: Medium Multiple Residential Zone

P-O: Professional Office Zone

C-1: Neighborhood Commercial Zone

C-4: Regional Commercial Zone

CBD: Central Business District Zone

C-3: Medium Commercial Zone

CI-MU: Commercial/Industrial Mixed-Use Zone

M-1: Light Manufacturing and Industrial Zone

P-D: Planned Development Zone

Overlay designations and the Garvey Avenue Specific Plan are not included in the order of restrictiveness.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 978, § 5(Exh. A), 2-27-18)

Chapter 17.12 - RESIDENTIAL ZONING DISTRICTS

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 singlefamily 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 singlefamily 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, small lot subdivisions, 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; Ord. No. 998, § 3, 4-27-21)

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

Notes:

P Permitted Use A Permitted Accessory Use AUP Administrative Use Permit Required CUP Conditional Use Permit Required — Use Not Allowed DR Discretionary Design

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 979, § 3(Exh. A), 6-12-18; Ord. No. 980, § 3, 7-10-18; Ord. No. 998, § 4, 4-27-21; Ord. 1005, § 5, 1-25-22)

---

17.12.030 - Residential district development standards.

A.

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.

Table 17.12.030.1: RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS

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)

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 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.

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.

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).

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 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.

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

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 (excluding Small Lot Subdivision projects) 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.

Landscaping shall not be permitted to limit or restrict the line of sight on any public right-of-way.

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

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)

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, small lot subdivision development, 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).

g.

Small Lot Subdivision. The purpose of the small lot subdivision regulations is to provide supplemental development standards to allow for alternative housing typologies in small lot subdivisions within the R-3 multiple-family residential zone. A small lot subdivision shall be permitted in the R-3 zoning district pursuant to an approved tract or parcel map. A subdivision for small lots enables the construction of new small lot homes and provides a space-efficient and economical alternative to traditional single dwelling unit

and multiple dwelling unit developments. The following supplemental regulations shall apply to small lot subdivisions:

1)

A Tract Map or Parcel Map, pursuant to Chapter 16 (Subdivisions) shall be required for the creation of a small lot subdivision.

2)

Access and Maintenance. An agreement for access and maintenance for all facilities used in common shall be submitted as part of the subdivision map for approval and recordation.

a)

All areas of small lot subdivision with five or more parcels subject to a reciprocal access and/or maintenance easement shall be maintained by an association that may be incorporated or unincorporated.

b)

Small lot subdivisions with four or less parcels subject to a reciprocal access and/or maintenance easement may execute a maintenance agreement in lieu of requiring an association.

c)

A maintenance agreement shall be formed, composed of and executed by all property owners, to maintain all common areas and appurtenances such as trees, landscaping, water treatment facilities, trash, parking, driveways, drive aisles, walkways, private water lines, meters, etc. Each owner and future property owners shall automatically become members of the agreement and shall be subject to a proportionate share of the maintenance and related costs. The maintenance agreement shall be recorded as a covenant and agreement to run with the land. The subdivider shall submit a copy of this agreement, once recorded, to the planning division for placement in the subdivision file.

3)

Parcels of land may be subdivided for small lot development provided that the density of the subdivision complies with the minimum lot area per dwelling unit requirement established for the underlying zoning district.

4)

Each unit in a small lot subdivision shall be constructed on an individual parcel with no common foundation, walls, or footings.

5)

No asphalt shall be permitted for paved areas. Driveways, drive aisles, and unenclosed parking areas shall consist of concrete, pavers, or other materials as deeded appropriate by the approving body.

Access to a small lot within the small lot subdivision, and to its required parking spaces, shall be provided by way of a public or private street, or an access easement.

7)

For small lot subdivision projects, no demolition, grading, building permit, or certificate of occupancy shall be issued unless a site plan and design review application is approved pursuant to Section 17.136 of this Code and such said site plan and design review is filed and processed concurrently with a tract or parcel map.

8)

Trash Enclosures. All small lot subdivision developments comprised of four or more lots/units shall provide trash collection area adequately and conveniently placed throughout the development Trash collection areas shall be screened from view on three sides by a six-foot high wall. A visually opaque gate shall be provided.

9)

Roof mounted equipment is prohibited unless adequately screened from public rights-of-way and adjacent properties.

10)

The below development standards (Table 17.12.030.4) shall apply to small lot subdivision developments:

Table 17.12.030.4: SMALL LOT SUBDIVISION DEVELOPMENT STANDARDS

*Overall Development Area means the gross area within the perimeter boundaries of the development.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 998, § 5, 4-27-21)

Chapter 17.16 - COMMERCIAL ZONING DISTRICTS