Rosemead Municipal Code Ch. 17.21 Garvey Avenue Specific Plan Zoning District

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Editor's note— The Garvey Avenue Specific Plan is not included herein, but is incorporated by reference and available for inspection at the City Clerk's office.

The development standards and guidelines contained in this Specific Plan provide for land development and use within the Specific Plan area. The Specific Plan supersedes the otherwise applicable City of Rosemead development standards and regulations unless stated otherwise in this document. Whenever the provisions and development standards contained in this Specific Plan conflict with those contained in the City of Rosemead Municipal Code, the provisions of the Specific Plan shall take precedence. Where the Specific Plan is silent, the City of Rosemead Municipal Code shall apply.

The purpose of the Garvey Avenue Specific Plan zoning district and the manner in which it is applied are as follows:

A. Chapter 17.21 provides the regulatory standards for development within the Garvey Avenue Specific Plan Area. The Garvey Avenue Specific Plan document must also be referenced for design guidelines applicable to the Garvey Avenue Specific Plan Area.

B. The Garvey Avenue Specific Plan, Open Space/Parking zoning district (GSO-OS/P) allows for open space and parking development on key areas of Garvey Avenue, such as the Alhambra Wash. Continuing to allow open space, as well as parking, will help encourage the development of much-needed open space along the Wash, consistent with the Garvey Avenue Specific Plan goals.

C. The Garvey Avenue Specific Plan, Residential/Commercial zoning district (GSP-R/C), provides transition areas between single- and multifamily residential land uses in the surrounding neighborhoods, serving as a buffer for higher land use intensity and building scale directly on Garvey Avenue. The zoning is intended to enable flexibility in development approaches while requiring high-quality design that respects and adds value to adjacent residential development.

D. The Garvey Avenue Specific Plan (GSP) zoning district accommodates a diverse range of retail, service, and office businesses, with a focus on businesses that support the needs of the local community. The GSP zoning district also allows for flexible spaces for start-up businesses. The GSP zoning district is focused west of Del Mar Avenue, with some pockets east of Del Mar. Where guidelines and standards have not been established, the GSP zone standards largely follows C-3 Medium Commercial zoning area. However, standalone residential and mixed uses are not permitted in the GSP Zoning District.

E. The Garvey Avenue Specific Plan, Incentivized Mixed Use zoning district (GSP-MU) allows "Horizontal" mixed-use in this district, which will enable a large development sites to be developed with buildings with only one use, provided that the overall site is developed to the mixed use standards in GSP-MU. This zone also allows for "vertical" mixed-use, where commercial uses are on the ground floor, with residential uses above. The GSP-MU zoning district is focused on the eastern half Garvey Avenue Where guidelines and standards have not been established, the GSP-MU zoning code follows the R-C MUDO Residential/Commercial Mixed-Use Development Overlay district.

(Ord. No. 978, § 5(Exh. A), 2-27-18)

Table 17.21.020.1, Uses in the Garvey Avenue Specific Plan District, identifies the uses allowed in each such zoning district, and identifies the land use permits required, if any, to establish each use subject to section 17.08.050. Where the last column in Table 17.21.020.1 (Specific Use Regulations) includes a section reference number, the regulations in the referenced section apply to the use in addition to those shown in Table 17.21.020.1.

Table 17.21.020.1 Uses in the Garvey Avenue Specific Plan District

A. Non-Conforming Uses. To ensure that land uses are consistent with the vision presented in the Garvey Avenue Specific Plan, the conditions under which legal nonconforming uses may continue is limited. Specifically, legal nonconforming uses may remain but cannot expand, change use, rebuild, and must be continually operated.

a. If these conditions are not met, the nonconforming use is no longer a legal nonconforming use and is subject to the City of Rosemead's Nonconforming Use Amortization Policy, RMC Section 17.72.090, with the exception of the abandonment/discontinuation clause (RMC Section 17.72.030.B).

b. In place of the RMC Section 17.72.030.B. abandonment/discontinuation clause, a nonconforming use in the Garvey Avenue Specific Plan area that has been abandoned or has been discontinued for a period of ninety (90) days shall not be reestablished and any subsequent reuse or any new use established shall conform to the provisions of the Garvey Avenue Specific Plan.

B. Performance Standards. Listed in other chapters of Article 2

(Ord. No. 978, § 5(Exh. A), 2-27-18; Ord. No. 1032, § 5, 5-12-26)

A. General Requirements.

1. Development Standards Table. All subdivisions, new land uses or structures, and substantial rehabilitation, alterations, and/or remodeling of existing land uses or structures shall be designed, constructed, and established in compliance with the requirements of Table 17.21.030.1 in addition to the applicable standards in Title 17 (Zoning) of the Rosemead Municipal Code unless explicitly defined, stated, or delineated otherwise in the Garvey Avenue Specific Plan.

Table 17.21.030.1.

GARVEY AVENUE SPECIFIC PLAN DISTRICT DEVELOPMENT STANDARDS

B. Exceptions to Height Limit. A five-foot bonus may be granted by the Planning Commission, upon recommendation from the Community Development Director and in accordance with the requirements of Section 17.28.030(D)(13)(a)(2)(a), if it is determined that the additional height would provide unique architectural elements that would enhance the project overall.

C. Building Placement.

1. Buildings shall be placed on the street frontage property line or front setback line.

2. Lots located in the GSP-R/C or GSP zones must place sixty (60) percent of the building on the property line (nonresidential) or setback (residential), illustrated in Figure 17.21-1. For the GSP-MU district, this percentage increases to seventy-five (75) percent.

3. When the building frontage is on Garvey Avenue, a second floor's building overhang (drip line) may be considered the building frontage if the outdoor ground floor contains a restaurant dining space or pedestrian plaza. The outdoor dining space or the outdoor pedestrian plaza must be designed for such use and include both decorative hardscape and landscape.

[Figure]

4. The Review Authority may grant exceptions for:

a. A narrow lot under fifty (50) feet in which a twenty-four (24) feet driveway is necessary because no side street, alley, or easement can provide access to required parking on the rear of the lot or site;

b. The initial phases of a multi-phased building project that will occupy the entire frontage upon completion.

D. Building Design.

1. Modulation. All buildings constructed in the Garvey Avenue Specific Plan area shall be designed to maximize the privacy of the adjacent homes, backyards, and residential neighborhoods. New buildings and additions to existing buildings shall incorporate at least one or more of the following types of modulation.

a. Façade plane modulation is required. The wall plane of street-facing façades shall be modulated a minimum of eighteen (18) inches perpendicular to the plane at least once every sixty (60) feet, as measured along the property line. Façades should be modulated with elements including but not limited to vertical and horizontal breaks in the building façade plane, setbacks at upper levels, changes in material or color, use of ornament, changes in height, and incorporation of other design elements that create differentiation in the architecture to create visual and architectural interest, see Figure 3.6.

[Figure]

E. Glazing and Windows. Street-facing facades of all buildings shall incorporate glazing (windows) and openings providing light to adjacent spaces, rooms, and uses, shown in Figure 17.21-3 as outlined in Table 17.21.03.1, windows and openings facing streets shall constitute a minimum of the following percentage of street-facing building faces:

1. Fifty (50) percent of the wall for nonresidential ground floor uses;

2. Thirty (30) percent of the wall for nonresidential upper floor uses;

3. Forty (40) percent of the wall for residential ground floor uses; and

4. Thirty (30) percent of the wall for residential upper floor uses.

[Figure]

F. Design of Roof and Skyline Forms.

1. Penthouses, parapets, stair and elevator enclosures, and air conditioning units and mechanical equipment shall be fully integrated into the overall architectural design and expression of the building or addition through the use of equivalent materials and colors that match the overall design.

2. All rooftop mechanical components shall be fully screened from the view of public right-of-ways or residentially zoned properties.

G. Building Entrances. For parcels fronting Garvey Avenue, the primary entrance to a ground floor use shall face Garvey Avenue. Residential uses should have their own on-street entrance, while nonresidential uses abutting Garvey Avenue shall provide at least one street-facing, pedestrian-priority entrance that shall serve as the primary entrance to the business.

1. Interior space shall be arranged to orient toward the Garvey Avenue entrance as the primary entrance. Signage shall be used to direct persons toward the primary entrance. Street-facing nonresidential entrances shall be unlocked and accessible to the public during business hours.

2. Residents of a mixed use development shall have a separate and secure on-street pedestrian access to the residential units.

3. On street frontages, ground-related entrances shall occur at least once every one hundred fifty (150) feet, as measured along the front property line. Ground-related entrances include entrances to ground- floor uses, residential units, clusters of residential units, lobbies, or private courtyards.

4. Pedestrian walkways or sidewalks shall connect all primary building entrances to one another. Pedestrian walkways shall also connect all onsite common areas, parking areas, storage areas, public open spaces, and recreational facilities.

5. Elevated walkways, skyways, and bridges between buildings are limited. Elevated walkways, skyways, and bridges between buildings are allowed under the following conditions:

a. Elevated walkways, skyways, or bridges shall connect buildings located internally to a site. Elevated walkways, skyways, or bridges shall not connect buildings located on Garvey Avenue, San Gabriel Boulevard, nor be adjacent to an existing residential use.

b. An elevated walkway, skyway, or bridge is only allowed to facilitate resident access to an adjacent buildings' recreational amenity.

c. Each building shall be connected to no more than one other building.

d. A maximum of one elevated walkway, skyway, or bridge is permitted per building. For example, if an elevated walkway connects two buildings on their third floors, no other elevated walkway is permitted to connect any other on any other floor.

e. Elevated walkways, skyways, or bridges shall not cross over a street, public park, or public open space.

H. Ground Floor Design.

1. Ground floor design shall be high-quality, pedestrian-oriented, and sensitive to the use.

a. Ground Floor Residential Units. In mixed use settings, ground floor residential dwelling units are allowed on any lot and on any street frontage, provided storefronts and usable commercial space are located along a minimum of fifty (50) percent of the length of the building frontage adjoining Garvey Avenue. Storefronts and usable nonresidential spaces shall comply with all standards and guidelines in Rosemead's Mixed-Use Design Guidelines.

b. First Floor Elevation, Nonresidential Uses. The first habitable floor shall be located no more than two feet above or below the existing grade at any point along a street property line.

c. First Floor Elevation, Residential Use. The first habitable floor of a residential-only building shall be located at least two feet above existing grade and no more than three feet along a street property line.

d. The minimum height of nonresidential ground floor spaces shall be fourteen (14) feet. The minimum height of residential ground floor spaces shall be ten (10) feet. This height shall be measured from the floor of the first story to the floor of the second story. If there is no second story, the height shall be measured to the top of roof, see Figure 17.21-4.

[Figure]

e. Storefronts and usable nonresidential space shall be located along the required ground floor street frontages of buildings per Table 17.21.030.1 of this Chapter and have a minimum usable depth of forty (40) feet along sixty (60) percent of the length of the building frontage and in no case be less than twenty (20) feet in depth. At a corner lot where storefronts and nonresidential uses are required, storefronts and nonresidential spaces shall turn and wrap around the corner for a minimum length of twenty (20) feet, see Figure 17.21-5.

f. Use of mirrored and reflective glazing materials and glass is prohibited. At the ground floor of buildings where the use is nonresidential, use of clear glass is required. After installation, clear glass windows at the ground floor of nonresidential uses shall not later be treated so as to become opaque or to be blocked so as to prevent visibility of the ground floor interior from the sidewalk.

[Figure]

g. Security elements and decorative grillwork at ground floors

i. 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.

ii. 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.

iii. 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 or sidewalk; regardless of installation method, such devices shall be at least eighty (80) percent open to perpendicular view.

iv. Fixed decorative grillwork and railings are allowed at the ground floor and shall be at least eighty (80) percent open to perpendicular view.

I. Parking Standards and Driveways. Required parking shall be determined by the standards outlined in Table 17.21.030.1 of this Chapter. Parking standards and driveways shall comply with the following requirements:

1. Surface parking along Garvey Avenue is not allowed in the front of buildings. Surface parking in the rear of a lot shall be permitted.

2. Notwithstanding the requirements of Table 17.21.030.1, partially subterranean and fully subterranean parking may extend to street-fronting property lines. For corner lots, surface parking lots shall be accessed from a side street or alley.

3. Residential parking may share an entrance with nonresidential parking, but shall be separate from the nonresidential parking area, with access restrictions where necessary.

4. For parcels of less than three hundred (300) feet in length, only one vehicular access point may be permitted. For all other lot frontages, a maximum of one vehicular access point for each three hundred (300) feet of street frontage is permitted, see Figure 17.21-6.

[Figure]

5. Parking that is visible from streets or sidewalks or located along rear, side, or interior lot lines shall be buffered from the street, sidewalk, or lot line by a minimum five-foot in-depth landscape buffer.

6. Openings to tuck-under parking spaces shall not be visible from the street or from an adjacent property.

7. Tandem parking within allowed parking areas may be allowed with an AUP for multi-family projects and the residential component of mixed use projects.

J. Loading Space. On the same premise with every building, structure, or part thereof erected or occupied for goods display, wholesale or retail, hotel, restaurant, or other similar use involving the receipt or distribution of materials or merchandise via trucks or vans, a minimum of one off-street loading space for each six thousand (6,000) square feet of building floor area dedicated to the retail, commercial, hotel, restaurant use is required for the standing, loading, and unloading services in order to avoid interference with the public use of adjacent streets or alleys. Required loading space shall not be included within the required parking space adjacent to a building or structure.

K. Open Space and Recreation. 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. Usable Public Open Space.

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

b. High-quality porous pavers, porous concrete or other porous paving materials shall be used for all plazas and hardscape.

c. Community benefit incentives are available for providing more open space than is required, see 17.21.040

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.

2. Usable Private 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 or alleys, and shall not include or incorporate any driveways or parking areas, trash pickup or storage areas, or utility areas.

c. 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.

d. 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.

e. All required usable common open space shall be developed and professionally maintained in accordance with approved landscape and irrigation.

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. Private open space must be open air, not fully enclosed with walls. Private open space 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.

L. Signage Standards. All signage shall comply with guidelines outlined in the Garvey Avenue Master Plan, with the exception of mixed-use projects, which shall follow the sign standards outlined in Title 17, Article 2, in Section 17.28.030. Bi-lingual signage is allowed. When storefronts use bi-lingual signage, Nonresidential signage shall identify the type of business (e.g., "restaurant," "market") in the English language and should be clearly located in the center of the storefront signage.

M. Condominium Subdivision Standards.

1. Nonresidential and residential condominiums are permitted in the GSP-R/C and GSP-MU zones. All condominium subdivisions within the Garvey Avenue Specific Plan area, whatever the parcel size, shall be processed and developed in accordance with the provisions of the development standards and requirements set forth in this Garvey Avenue Specific Plan. Existing provisions in Rosemead's Zoning Code relating to Procedure and Submittal Requirements (RMC Section 17.36.050), Development Standards (RMC Section 17.36.060), and Condominium Conversions (RMC Section 17.36.070) also apply as general development guidelines.

2. All condominium applications shall include:

a. Proposed Site Plan.

b. Preliminary Grading Plan.

c. Preliminary Landscaping Plan.

d. Preliminary Lighting Plan.

e. Preliminary Master Sign Plan.

f. Proposed Condominium Documents.

g. Delineation of Shared Spaces and Access.

h. Other Information that the Community Development Director determines may be necessary to evaluate the proposed project to ensure consistency with the Garvey Avenue Specific Plan, Rosemead's General Plan, the Zoning Code, and other applicable City regulations and requirements.

Earned community benefit incentives may be applied over entire project area, even if the property is subdivided for residential condominiums or other financing purpose, with the approval of the Community Development Director.

(Ord. No. 978, § 5(Exh. A), 2-27-18)

Community benefit incentives are provided to allow developer and property owners to increase the development potential if community benefits are identified as part of the development application, constructed as part of the project development, and operated in perpetuity. Restrictions and/or covenants are required to be recorded on the property to ensure the benefits or amenities provided to earn the Community Benefit Incentive are maintained in perpetuity. Benefits can be obtained in two ways—Affordable Housing and Senior Housing (See 3.4.3.1) or Garvey Avenue Community Benefit Program 17.21.040 (B).

A. Density Bonus for Affordable Housing, Senior Housing

1. A residential or mixed-use development that includes five or more dwelling units and meets one or more of the following criteria is entitled to a density bonus and one or more incentives under State Government Code Section 65915:

a. Ten (10) percent of the total units of a housing development for lower income households, as defined in Section 50079.5 of the State Health and Safety Code.

b. Five percent of the total units of a housing development for very low income households, as defined in Section 50105 of the State Health and Safety Code.

c. A senior citizen housing development, as defined in Sections 51.3 and 51.12 of the State Civil Code, or Mobile Home Park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code.

d. Ten (10) percent of the total dwelling units in a common interest development as defined in Section 1351 of the State Civil Code for persons and families of moderate income, as defined in Section 50093 of the State Health and Safety Code, provided that all units in the development are offered to the public for purchase.

2. Density bonuses for residential developments shall also apply for any residential or mixed use buildings in the Garvey Avenue Specific Plan area, under RMC Section 17.12.030, and as outlined in RMC Table 17.12.030.2.

3. If a density bonus under State Bill 1818 is granted, density or intensity bonus associated with the provision of Community Benefits will not be granted.

4. Concessions considered by the City for projects complying with SB 1818 shall not include an increase in height beyond the seventy-five-foot limitation. An increase in height above the seventy-five-foot limitation would create significant adverse impacts on the Garvey Avenue Specific Plan area.

B. Garvey Avenue Community Benefit Program. The Garvey Avenue Community Benefit program allows for substantial redevelopment or new development projects to have an increased residential density and/or nonresidential intensity with the provision of specific community benefits. The Garvey Avenue Community Benefit Program is applicable to all parcels within the Garvey Avenue Specific Plan Corridor. 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 Garvey Avenue Community Benefit Program is based on a point system, detailed in full in the Garvey Avenue Specific Plan. Each community benefit type is assigned a number of Community Benefit points, as described in Table 3.5. A project may earn points from a single or multiple categories, depending on the project applicant's preference. The number of Community Benefit points earned is then translated into the increased density or FAR. The increase varies by zone and land use type as shown in Table 3.6. Table 3.6 indicates the maximum density or FAR permitted. The types of community amenities or benefits eligible to receive the Community Benefit Incentive, as shown in Table 3.5, are: public open space above the required, public park, ADA park amenities, public parking above the required, lot consolidation, siting taller buildings within in the center of the proposed development, project sustainable design, project alternative energy production, "family friendly" development, and provision of an economic feasibility study for uses other than hotel and mixed use. Additional types of community benefits and associated incentives may be determined by a Rosemead City Council resolution adoption.

Table 3.5

COMMUNITY BENEFIT AMENITIES AND ASSOCIATED POINTS

Table 3.6 COMMUNITY BENEFIT INCENTIVE MAXIMUM FAR OR DENSITY

Maximum FAR or Density Permitted With the Provision of Community Benefits

(Ord. No. 978, § 5(Exh. A), 2-27-18)