§ 17.28

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, 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:

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.

D.

Freeway Corridor Mixed-Use (FCMU) Overlay Zone. The purpose of the Freeway Corridor Mixed-Use (FCMU) Overlay Zone is to provide new opportunities for housing, economic revitalization, and attractive placemaking at strategic locations along primary City corridors that are in general proximity to Interstate 10 Freeway. The intent of the overlay zone is to accomplish the following objectives:

1.

Provide attractive gateway developments at key locations along Interstate 10 Freeway.

2.

Create opportunities for new Mixed-Use and standalone housing types and options at varying income levels.

3.

Encourage Mixed-Use commercial and residential developments that will serve as catalysts for new economic activity with services and employment that support the local community.

Establish development and design standards that contribute to community character and quality building designs.

5.

Enhance the public realm to provide an improved pedestrian environment and foster a greater sense of place.

6.

Promote reinvestment and redevelopment in the identified areas of the community.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 1001, § 6, 9-28-21)

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)

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. Nonsubstantial alterations include, but are not limited to:

1)

Façade 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;

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.

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.

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.

C.

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.

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.

B.

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.

C.

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;

• Artist 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 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;

• Live/Work subject to the requirements of Section 17.30.210;

• 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;

• Tailor, clothing or wearing apparel shops; and

• Travel agencies.

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 or administrative use permit may be applied for and granted in a residential/commercial mixed-use development:

a.

Conditional Use Permit.

1)

Any commercial use that operates after midnight;

2)

Any establishment having an off-sale license for alcoholic beverages;

3)

Any establishment (other than sit-down restaurants with one thousand (1,000) square feet of floor area or larger) having an on-sale license for alcoholic beverages.

4)

Commercial recreation and entertainment;

5)

Convenience markets subject to the requirements of Section 17.28.030.E.3; and

6)

Libraries and museums.

b.

Administrative Use Permit.

1)

Any outdoor dining area; and

2)

On-sale beer/wine sales for sit-down restaurants with one thousand (1,000) square feet of floor area or larger.

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 mixeduse 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.

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.

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.

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 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

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 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)

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 (15) 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.

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 10foot 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.

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 threefoot 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.I.

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 25percent 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.

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 an administrative 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 complement 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.

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 be 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 mixeduse 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.

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.

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 highefficiency 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.

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.

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.

b.

All sales of used goods, furniture, appliances, equipment and machinery shall be incidental to the permitted uses of the overlay zone and shall be a minor part of the business conducted on the premises.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 1000, §§ 3, 5, 6, 9-28-21; Ord. 1009 , § 2, 4-12-22)

17.28.040 - Freeway Corridor Mixed-Use (FCMU) Overlay Zone.

A.

Applicability.

1.

The FCMU is an overlay zone that applies to all use and development of properties within the boundaries of the FCMU Overlay. It may be applied to existing zoning districts, as designated in the General Plan. Land classified in the FCMU Overlay shall also be classified in another zone. When such a district is established, the FCMU Overlay shall be shown as an overlay to the underlying districts by the designation of FCMU Overlay on the City zoning map.

B.

Approval Procedure and Permit Requirements.

1.

Proposed developments within the FCMU Overlay will be reviewed pursuant to established development review processes within the City's Municipal Code. In addition, proposed developments will be required to adhere the City's Municipal Code regulations and processes for other types of discretionary review such as those for variances, subdivisions, etc., as may be applicable. The following requirements outline the process for submitting an application under the FCMU Overlay.

a.

Projects shall follow the permitting requirements outlined in RMC Chapter 17.136 - Site Plan and Design Review.

b.

Unless a discretionary use is proposed as part of a project, as noted in Chapter 2, Section 4, projects shall be processed according to RMC 17.136.030.B—Administrative Staff Review.

C.

Permitted Uses.

The following land uses identified in the table below apply to individual properties based on the location and application of the FCMU Overlay zones. For ease of reference, land uses are grouped based on the general use category. Property owners, developers, and applicants should refer to the Freeway Corridor Mixed-Use Overlay document to verify their property's relevant FCMU Overlay zone.

2.

The Community Development Director, or designee, may determine that a proposed use that is not specifically listed in the table below is in keeping with the vision and intent for the FCMU Overlay and therefore may be allowed if it meets all of the following criteria:

a.

The characteristics of and activities associated with the proposed use is similar to one or more of the permitted uses in the table below, and will not involve substantially greater intensity than the other uses permitted within the FCMU Overlay;

b.

The proposed use will be consistent with the purpose and intent of the FCMU Overlay;

c.

The proposed use will be compatible with the other uses listed for the FCMU Overlay.

"-" - Not Permitted

P - Permitted Use

AUP - Administrative Use Permit CUP - Conditional Use Permit

D.

Development Standards.

1.

The following development standards identified below apply to individual properties based on the location and application of the designated FCMU Overlay zones. Property owners, developers, and applicants should refer to the Freeway Corridor Mixed-Use Overlay document to verify their property's relevant FCMU Overlay zone.

==> picture [457 x 212] intentionally omitted <==

Parking Standards

Residential (including guest). For residential portion, project shall provide no less than 1.0 spaces/du.

E.

Design Standards. The following site and building design standards identified below apply to all properties within the FCMU Overlay.

1.

Site Design.

a.

Access and Parking.

1)

Vehicular access for corner lots shall be from a side street or from an alley, if feasible.

2)

Access to parking on interior lots shall only have one vehicular access point unless the property has more than three hundred (300) feet or more of street frontage.

3)

Up to thirty (30) percent of required parking may be located along a public street frontage. All other required parking shall not be located between any building and public street frontage.

4)

Residential parking shall be separate from non-residential parking and accessed through a secure gated entrance. However, parking areas for required residential guest parking may be combined with required non-residential parking.

5)

On-site parking that is visible from streets and sidewalks or located along rear, side, or interior lot lines shall be buffered from the street, sidewalk, or lot line by a minimum five feet in-depth landscape buffer. Further, parking that is visible from the public right-of-way shall be buffered from the street, sidewalk or lot line by a minimum five feet in-depth landscape buffer that includes a decorative wall no higher than three feet to screen the vehicles.

6)

Tandem parking within allowed parking areas may be allowed with an AUP for Multi-Family projects and the residential component of Mixed-Use projects. Tandem parking is permitted for nonresidential uses. When a nonresidential use's tandem parking is permitted, an affidavit shall be signed for the valet parking use.

7)

On the same premises with every building, structure or part thereof erected or occupied for manufacturing, storage, warehouse, goods display, department store, wholesale or retail market, hotel, restaurant, hospital, laundry, dry cleaning plant, or other uses similarly involving the receipt or distribution of vehicles carrying

materials or merchandise, there shall be provided and maintained on the lot a minimum of one off-street or off-alley loading space for each six thousand (6,000) square feet of floor area of building for standing, loading and unloading services in order to avoid undue interference with the public use of the streets or alleys. Required loading space may be included within the required parking space adjacent to a building.

8)

Parking stalls shall be striped with three inch double lines, six inches apart. The stall width shall be measured from the center point of each double striped marking.

9)

Customer parking shall be a minimum dimension of nine feet wide by eighteen (18) feet deep. Parking stalls may overhang landscape planters by two feet.

10)

Compact car parking standards. The use of compact car parking shall be allowed only for manufacturing, industrial, commercial and office uses. The number of compact car parking stalls may consist of twentyfive (25) percent of the total number of required parking stalls. Each compact car parking space shall be eight feet wide and sixteen (16) feet long. All stalls must be identified by painting "Compact" in each stall using letters no less than ten (10) inches in height. Support columns and/or lighting standards shall not intrude into the minimum dimensions. Compact car parking shall be, as much as is practical, grouped in a common location subject to the approval of the Community Development Director.

11)

Support columns and/or lighting standards shall not intrude into the minimum parking stall dimensions. Where a parking stall is located abutting a wall, column, or similar structure, the stall width shall be increased by two feet.

12)

Design standards for handicapped parking stalls shall be provided in accordance with accepted State standards and shall be considered as part of the parking space requirements for the given facility.

b.

Open Space. Each type of open space has a different purpose and user; the requirements for one type of open space cannot be satisfied by another.

1)

Public Open Space.

a)

All open space shall be public unless parcel location does not allow public access.

b)

Open space amenities for public use such as trees, seating, and recreational amenities should be provided in open space. High quality porous pavers, porous concrete or other porous paving materials shall be used for all plazas and hardscape. Shade trees should be provided in all open space. Parks and greenways should be designed with high-quality benches, lighting, paving, and landscaping.

c)

Community benefit incentives are available for providing more usable public open space than is required, see RMC Section 17.28.040.E.

d)

Usable public open space does not include libraries, gymnasiums, nor recreation rooms.

e)

All required usable public open space shall be developed and professionally maintained in accordance with approved landscape and irrigation. All landscaping should use high-quality materials.

2)

Usable Common Open Space.

a)

All usable common open space shall be conveniently located and readily accessible from all residential units in a residential or Mixed-Use development.

b)

Each usable common open space shall have no side with a dimension of less than ten (10) feet and may incorporate any areas of the site except 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, pool equipment, or utility areas.

c)

Usable common open space may be provided on a rooftop where mechanical equipment is located, if the open space is adequately mitigated for noise, odor, vibration, or other impact and is approved by the Community Development Director and Building Official.

d)

There shall be a minimum distance of fifteen (15) feet measured horizontally between any swimming pool and the nearest point of any balcony, porch, second story patio, sun deck, or other architectural feature of a building or structure with windows, doors, or other openings of sufficient size to permit the passage of persons.

e)

Courtyards internal to a project, or enclosed on at least two sides, shall have a minimum width of forty (40) feet, for lots more than sixty (60) feet in width and twenty (20) feet in width for lots less than sixty (60) feet in width and shall be landscaped with a ratio of hardscape to planting not exceeding a ratio of one square foot of landscape to one square foot of hardscape. Pools and spas shall be excluded from this ratio.

f)

All required usable common open space shall be developed and professionally maintained in accordance with approved landscape and irrigation. All landscaping should use high-quality materials.

g)

Usable common open space may include libraries, gymnasiums, or recreation rooms.

3)

Usable Private Open Space.

a)

No portion of any private patio or balcony shall be used for the permanent storage of rubbish, junk, clotheslines, or garbage receptacles. "Permanent storage," as used in this subsection, means the presence for a period of forty-eight (48) or more consecutive hours on a patio or balcony.

b)

Usable private open space must be open air, not fully enclosed with walls. Usable private open space may be enclosed with a three foot high wrought iron rail, partial wall, or other complementary material as permitted by the Community Development Director. Usable private open spaces cannot be covered by a roof by more than fifty (50) percent of the area; however, balconies can have up to one hundred (100) percent ceiling coverage.

c.

Landscaping.

1)

All landscape and irrigation plans shall comply with the requirements found in RMC Chapter 13.08 - Water Efficient Landscapes.

2)

Landscape plans shall consist of a combination of trees, shrubs, and groundcover.

a)

Tree material shall be a minimum of fifteen (15) gallons in size and comprise a minimum of fifteen (15) percent of the area devoted to landscaping.

b)

All shrubs shall be a minimum of five gallons in size.

c)

Accent plantings shall be utilized at primary site and building entries for enhanced project aesthetic.

d.

Walls and Fences.

1)

A six foot high masonry wall shall be constructed along the property line of any lot where a 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 an adjacent property zoned or used for residential purposes.

2)

All walls on a property shall complement the architectural style and design of the primary building of a development.

3)

Chain-link, wood, barbed wire, razor-wire, and spiked fence-types are prohibited.

e.

Lighting.

1)

A photometric survey (lighting plan) may be required at the discretion of the Community Development Director for new lighting proposed in a development.

2)

All developments shall have exterior lighting that provides adequate visibility at entrances, public sidewalks, open areas, and parking lots with a safe level of illumination at night.

3)

Exterior lighting shall be of low intensity and shielded so that light will not spill out onto surrounding properties or project above the horizontal plane. In residential/commercial Mixed-Use and commercial/industrial Mixed-Use development, the lighting for commercial uses shall be appropriately shielded so that it does not negatively impact the On-site residential units.

4)

Flashing, revolving, or intermittent exterior lighting visible from any property line or street shall be prohibited, except if approved in conjunction with a public art project or as an accessory feature on a

temporary basis in conjunction with a special event permit.

5)

Lighting shall be integrated with landscaping wherever possible.

f.

Trash and Loading.

1)

Trash and recycling areas shall comply with the relevant provisions of RMC Section 17.32.050.

2)

Where loading areas are proposed On-site, they shall be clearly marked and identifiable.

g.

Mechanical Equipment, Loading Zones, and Service Area Screening.

1)

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.

2)

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.

3)

Rooftops should be designed in a way that acknowledges their visibility from other buildings and the street. Equipment shall be screened on all four sides from both the street and neighboring buildings using parapets or similar architectural features and from the top where visible from an adjacent building of greater height.

4)

Service and loading zones where visible from public streets and views from neighboring buildings and properties shall be screened by the use of decorative walls and/or dense landscaping that will serve as both a visual and a noise barrier.

h.

Noise.

1)

To minimize noise disturbance, mechanical equipment shall be insulated and shall be setback a minimum of four feet from any adjacent property zoned or used for residential purposes.

2)

Residential portions of a Mixed-Use project shall be designed to limit the interior noise of the nonresidential portions of the project. Design interventions to limit interior noise may include but are not limited to building orientation, double paned windows, enhanced wall and ceiling insulation, and/or orientation and insulation of vents, among others.

i.

Signs.

1)

A uniform sign program shall be approved by the Planning Division for each development.

2)

Permitted sign types shall be limited to wall, window, awning, and monument signs and shall not be located above the first floor.

3)

Building-mounted signs, including wall, window, and awning, shall not exceed a cumulative total of one square foot of area per one lineal foot of building frontage of each business.

4)

A monument sign shall be used only to identify multiple businesses in the commercial portion of a MixedUse development based on the following criteria:

a)

One-third square foot of monument sign area per one lineal foot of lot frontage with a maximum of fifty (50) square feet.

b)

The entire sign structure shall be considered as sign area.

c)

The sign copy area shall not exceed sixty (60) percent of the background wall area.

d)

All monument signs shall contain only the name of the development and/or the names of the businesses.

e)

Monument signs shall not encroach into any required landscaped setback area when abutting open areas or encroach more than one-half the required landscaped setback area when located in front of a building.

f)

Sign copy shall be backlighted or indirectly lighted.

g)

The background wall of the monument sign shall not exceed six feet in height.

h)

A maximum of one sign per development.

i)

The monument sign shall be setback a minimum of three feet from the property line at a location where the building is setback a minimum of ten (10) feet.

5)

For a list of prohibited sign types within the FCMU Overlay, refer to RMC 17.116.050.

2.

Building Design.

a.

Good Neighbor.

1)

Buildings shall be designed to maximize privacy of adjacent R-1 and R-2 zoned properties through appropriate placement of windows, doors, decks, roof decks, and balconies.

2)

Windows shall be located so that sight lines maximize privacy on adjacent R-1 and R-2 zoned properties. Translucent/obscured glass or windows with higher sills may be utilized to allow for interior illumination while maintaining privacy.

3)

Upper-story decks, roof decks, and balconies shall be oriented towards the street to minimize privacy concerns on R-1 and R-2 zoned properties.

Tall, fast-growing, and evergreen vegetation shall be utilized along the property lines of R-1 and R-2 zones.

b.

Land Use Mix.

1)

Where a project proposes a variety of uses within a single project, non-residential uses shall be provided at ground level facing the street.

2)

Residential units in a Mixed-Use project are not permitted at ground level facing a street.

3)

Live/work uses, whether standalone or as part of a Mixed-Use project, are allowed at ground level facing the street or facing an On-site street, provided they maintain a commercial aesthetic.

c.

Massing.

1)

Variations in projecting and recessed wall and roof planes shall be provided to break up the massing of a building. Surface detailing does not substitute for adequate massing.

2)

Wall planes shall not continue for more than fifty (50) feet without a minimum offset of two feet.

3)

The mass and bulk of new buildings shall relate to and/or transition from existing buildings.

4)

Infill buildings that may be wider than existing facades shall be broken down to provide the appearance of a series of structural bays.

d.

Articulation.

1)

Building design shall incorporate three hundred sixty (360) degree architecture, which includes similar massing, roof forms, wall planes, and detailing on all building elevations.

Architectural elements that add visual interest, scale, and character shall be provided. Architectural elements include but are not limited to balconies, awnings, shutters, window/door detailing, and trellises, among other potential design interventions.

3)

Use of a minimum of two high-quality materials like smooth finish stucco, brick, wood, metal, and stone are encouraged.

4)

Anti-graffiti paint or coatings shall be used on street-facing facades of primary buildings and accessory structures for the first two stories.

e.

Roofs.

1)

Buildings with flat or low-pitched roofs shall incorporate parapets or other architectural elements to break up long horizontal rooflines.

2)

Hipped or gabled roofs covering an entire building are preferred to mansard roofs and segments of pitched roofs applied at the building edge.

3)

Parapets shall be well-detailed, three-dimensional, and of substantial size to complement the building design. Parapets shall include a minimum of one of the following elements: pre-cast elements, continuous banding or projecting cornice, dentils, caps, corner details, or variety in pitch (sculpted).

4)

Penthouses, parapets, stair and elevator enclosures, and air conditioning units and other mechanical equipment shall be fully integrated into the overall architectural design of the building and/or through the use of equivalent materials and colors that match the overall design. All rooftop mechanical components shall be fully screened from the view of public rights-of-way and residentially zoned properties.

f.

Windows and Doors.

1)

Windows and doors shall be selected to complement the selected architectural style.

Windows shall be articulated with accent trim, sills, shutters, and/or other elements appropriate to the architectural style of the building.

3)

Where appropriate to the architectural style, windows shall be setback into walls to create distinct patterns of shade and shadow.

4)

The street-level building frontage shall continue for no more than twenty (20) feet without windows, entrances, or other architectural detailing.

5)

A minimum of fifty (50) of the ground floor façade facing any street to a height of eight feet shall be visually transparent into the building.

6)

Anti-graffiti glass or film shall be used on street-facing windows and doors of primary buildings and accessory structures for the first two stories.

g.

Entrances.

1)

Primary entries shall be clearly identifiable through the use of enhanced design elements, which shall include a minimum of two of the following: materials/colors, window/door type, awning, and signage, among other possible design interventions.

2)

Where multiple uses are proposed within a building, separate and secure ground floor access entries shall be provided for each use, with entry design differentiated between the residential and non-residential uses.

3)

Ground floor design shall be high-quality and pedestrian-oriented. Storefront configurations and details providing a sense of human scale, variety, and interest within the overall context of buildings, bays and groupings of bays are encouraged. Details may include but are not limited to recessed entries at storefronts, recessed storefronts, display windows, projecting bays, integral awning, utilization of true dividing mullions, transoms over entries, and/or integral signs and sign boards.

4)

Storefronts and usable non-residential space shall be located along the required ground floor street frontages of buildings and shall have a minimum usable depth of forty (40) feet along sixty (60) percent of

the length of the building frontage and shall in no case be less than twenty (20) feet in depth. For small lots under ten thousand (10,000) square feet, storefronts and usable non-residential space shall be located along the required ground floor street frontages of buildings and shall have a minimum usable depth of thirty (30) feet along sixty (60) percent of the length of the building frontage and shall in no case be less than fifteen (15) feet in depth. At a corner lot where storefronts and non-residential uses are proposed, storefronts and non-residential spaces shall turn and wrap around the corner for a minimum length of twenty (20) feet.

5)

Upward rolling, side folding, or moveable security grills and elements shall not be installed on the exterior side of ground floor and street-facing storefronts, windows, openings, entries, and facades. On the interior side of ground floor and street-facing storefronts, windows, openings, entries and facades, upward rolling, side folding, or moveable security grills and elements are allowed and should be designed to be integral to the architecture of the building and opening. Such devices should utilize dedicated interior side pockets and ceiling cavities such that the grill and all mechanisms associated with the security element are not visible from the adjacent public right-of-way and sidewalk; the grill work, regardless of installation method, shall be at least eighty (80) percent open to perpendicular view. Fixed decorative grillwork and railings are allowed at the ground floor and shall be at least eighty (80) percent open to perpendicular view.

h.

On-site Facilities.

1)

A private and secure storage space shall be provided for each dwelling unit within a development. Location of required storage space is preferred within the unit, however, it may be located outside of the unit. If required storage space is located outside the unit, it must be accessible from a common hallway, private balcony/patio, or in a garage. Storage shall be fully enclosed and not visible.

i.

Encroachments.

1)

No part of a structure, permanent attachment, and/or other similar architectural feature may extend into a required yard or minimum distance between buildings for more than two feet.

2)

No part of a structure, permanent attachment, and/or other similar architectural feature may extend into the public right-of-way without approval of an encroachment permit by the Public Works Department.

F.

Community Benefits Program. The FCMU Overlay provides optional opportunities for increased development intensity concurrently with the delivery of public improvements or other community benefits to

satisfy the increased demand for community benefits that come with Mixed-Use developments. The FCMU Overlay Community Benefits Program is applicable to all properties within the FCMU Overlay.

Each zone in the FCMU has development standards detailing the permitted floor area ratio and dwelling units per acre allowed by right. A developer or property owner can increase the floor area ratio and dwelling units per acre allowed by right in each zone, subject to the delivery of additional amenities by the developer or property owner. However, if a density bonus is granted in accordance with Senate Bill 1818, a density or intensity bonus associated with the provision of Community Benefits will not be granted.

The FCMU Overlay Community Benefit Program is based on a point system. Each community benefit type is assigned a number of points, as described in in the table below. A project may earn points from a single, or multiple categories, depending on the applicant's preference. The number of points received is then translated into increased height, floor area ratio, and dwelling units per acre. The increases vary by zone and land use type, as shown in the table below.

City staff will be responsible for determining points awarded to an applicant when community benefits are provided and an increase in development intensity is requested. When community benefits are proposed to be included as part of a project proposal and an increase in development intensity is requested, City staff shall prepare administrative findings that validate and quantify the amount of community benefits proposed and subsequently the increase in development intensity allowed. Findings shall also address that the community benefits proposed are consistent with community goals, as envisioned in this FCMU Overlay and in the General Plan.

and an increase in development intensity is requested, City staff shall prepare administrative findings that validate and quantify the amount of community benefits proposed and subsequently the increase in development intensity allowed. Findings shall also address that the community benefits proposed are consistent with community goals, as envisioned in this FCMU Overlay and in the General Plan.

G.

Density Bonus. As provided by SB 1818—State Density Bonus Law and outlined locally for implementation in RMC Chapter 17.84—Density Bonus, applicants may choose to apply for a density bonus as part of a project proposal within FCMU Overlay designated zones, so long as the residential or mixed-use development includes five or more dwelling units. As noted in the RMC 17.84, projects requesting density bonuses, concessions, and/or incentives are required to be approved by the City Council and subject to the provisions of RMC Section 17.84.140 and other applicable requirements of the RMC. Applicants interested in pursuing a density bonus as part of their project should refer to the relevant requirements

outlined in RMC Chapter 17.84. If a density bonus under SB 1818 is granted, a density or intensity bonus associated with the provision of community benefits will not be granted.

H.

Urban Design.

1.

Public Realm. The public realm refers to the area from the back of the curb to the face of a building. The following design standards have been provided to guide the design of the public realm in support of providing an enhanced and enjoyable public realm for residents, visitors and the community at large.

a.

Sidewalks. An interconnected sidewalk network provides safe and convenient access for use by pedestrians, while also providing opportunities for the provision of pedestrian amenities. The following sidewalk requirements are applicable to all projects within the FCMU Overlay.

1)

The building setback shall be twelve (12) feet, as measured from the curb face, and shall be in the form of both existing right-of-way and/or a recorded pedestrian access and utility easement.

2)

The 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 public streets. The amenity zone shall be located between the curb face and the clear zone. The clear zone shall be located between the building and the amenity zone.

3)

The clear zone shall be unobstructed by any permanent element for a minimum width of seven feet and a minimum height of eight feet. However, outdoor/sidewalk dining, a nonpermanent element, may be allowed as outlined in RMC Section 17.28.040.F.4.

4)

The amenity zone may include street trees, landscaping, public signs, public art, street lighting, street furniture, and/or other pedestrian-oriented amenities.

b.

Street Trees. Street trees provide a consistent character along roadways, providing both functional and aesthetic attributes to the built environment. The following street tree requirements are applicable to all projects within the FCMU Overlay.

Street trees shall be selected based upon the prevailing street trees existing along the primary public roadway adjacent to a project site. Applicant should consult the City's Urban Forester to assist in determining the most appropriate street trees for a given project location.

2)

The parkway (amenity zone) shall be planted with street trees at an average spacing not greater than thirty (30) feet on center.

3)

Where mature trees are proposed to be removed as part of a project proposal, removal shall be subject to review and approval by the City's Urban Forester. Mature trees that are approved for removal shall be replaced as part of a project with a new tree that has at least a twenty-four (24) inch box and is consistent with the species to be removed and/or as may be approved by the City's Urban Forester.

c.

Streetscape Furnishings. Streetscape furnishings enliven the public realm and facilitate the creation of a "community living room." Streetscape furnishings include but are not limited to benches, trash cans, bicycle racks, public art, planters, and tree grates, among others.

1)

All streetscape furnishings proposed shall be reviewed and approved by the Public Works Department for durability of materials and ease of maintenance.

2)

Design and selection of streetscape furnishings shall consider the safety, security, convenience, and comfort of the user.

3)

Materials and colors of streetscape furnishing shall be selected to create a consistent and coherent aesthetic. Where streetscape furnishings have been recently installed adjacent to a proposed development, said development shall match the streetscape furnishings palette for consistency.

4)

Benches and trash receptacles shall be placed at an interval of two hundred (200) feet along primary street frontages.

5)

All streetscape furnishings shall be securely anchored to the ground and a graffiti-resistant coating applied to ensure longevity of installations.

Where appropriate, streetscape furnishings shall be ground together to facilitate more efficient use of parkway space.

d.

Outdoor/Sidewalk Dining. Outdoor/sidewalk dining promotes pedestrian activity and vibrancy of Mixed-Use areas and is encouraged within the FCMU Overlay area.

1)

Location.

a)

Outdoor/sidewalk dining, where permitted, may be located on the public right-of-way adjacent to the restaurant serving the outdoor/sidewalk dining. Approval for outdoor/sidewalk dining may be granted after review of the application by appropriate City departments and issuance of an encroachment permit or license agreement.

b)

All outdoor/sidewalk dining shall leave clear space for pedestrian movement between the outer edge of the dining and the curb line. Outdoor/sidewalk dining located at street intersections shall provide a fifteen (15) foot clear space radial to the corner. If pedestrian traffic is especially heavy, the Public Works Director may require additional clear space to ensure adequate room for pedestrian movements.

c)

No outdoor/sidewalk dining shall be located within fifteen (15) feet of a bus stop or bus shelter.

2)

Physical Design Requirements.

a)

All furnishings of outdoor/sidewalk dining including but not limited to tables, chairs and decorative accessories, shall be readily movable.

b)

No part of outdoor/sidewalk dining may be permanently attached to public space. The person to whom the business license for the dining is issued shall repair any damage done by the dining to public property.

c)

When an outdoor/sidewalk dining or the adjacent restaurant is occupied, no exit door shall be locked, bolted, or otherwise fastened or obstructed so that the door cannot be opened from the inside.

d)

Chairs and tables shall be arranged so as to provide for clear access to an exit. No part of an aisle shall be used in any way that will obstruct its use as an exit or that will constitute a hazardous condition.

e)

Outdoor/sidewalk dining shall not be arranged so as to restrict the use of emergency exits, fire escapes on adjacent buildings and access to fire hydrants.

f)

Freestanding or table mounted shade umbrellas shall be kept in good repair and may be used only where space permits.

g)

Freestanding heating or misting equipment may be used only where space permits.

h)

Freestanding lamps are not permitted. Flashing or moving lights are not permitted. Table candles may be used. Electric wiring shall not be placed in pedestrian areas.

i)

Awnings shall be kept in good repair.

j)

Seating and accessories and other components of the outdoor/sidewalk dining shall be maintained in a neat and safe manner.

k)

The height of a railing, fence, or planter (including plantings) used to establish boundaries of seating areas shall be at least twenty-four (24) inches in height but not higher than thirty-six (36) inches. Planters and/or plantings shall be maintained in a neat and orderly manner and shall not encroach past the approved outdoor/sidewalk dining area.

l)

Plank-style picnic tables with bench seating are not permitted.

3)

Dining Operation Requirements.

a)

Outdoor/sidewalk dining shall be operated and maintained in accordance with the applicant's building plans approved by the Community Development Director and the Public Works Director.

b)

The owner(s) shall be responsible for the removal of all wrappings, litter, and food and shall provide thorough and sanitary cleaning for outdoor/sidewalk dining area and the immediate surroundings of such area each day after the eating and drinking establishment closes.

c)

Outdoor/sidewalk dining shall not operate earlier than eight a.m. or later than twelve a.m. (midnight).

d)

If alcoholic beverages are permitted in the outdoor/sidewalk dining area by a Conditional Use Permit (CUP), a landscape separation shall be required to prevent the passing and/or carrying of alcoholic beverages out of the sidewalk area and signs noting such requirement shall be posted in conspicuous locations.

2.

Private Realm. The private realm refers to privately owned property. The following private realm design standards have been provided to guide the design of projects in furthering the character of and in support of the public realm.

a.

Corner Lot. The following applies to properties located at key intersection locations within the FCMU Overlay.

1)

Building architecture at intersection corners, where both streets have four lanes or more, shall receive special treatment to enhance the pedestrian experience and create visual interest within the built environment. Special treatments may include but are not limited to building cut-offs, corner entrances, tower elements, decorative landscaping, enhanced hardscape, and/or other design interventions.

2)

Buildings on corner lots shall address both streets with an equal level of architectural detail.

(Ord. No. 1001, § 7, 9-28-21)

Chapter 17.29 - FIRE HAZARD SEVERITY ZONES[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 1029, §§ 1—3, adopted June 10, 2025, enacted provisions relating to fire hazard severity zones at the editor's discretion, these provisions have been included as Ch. 17.29, §§ 17.29.010, 17.29.020.