Chapter 17.36 — CONDOMINIUMS AND CONDOMINIUM CONVERSIONS

These regulations are intended to provide criteria by which condominium projects, community apartment projects, and stock cooperative projects, may be developed to achieve environments of stable and desirable character. Regulations are set to insure a well-designed and viable blend of improvements with common and/or private open space. The standards of density, open space, light and air, and pedestrian and vehicular traffic circulation are intended to create projects that are well designed, aesthetically pleasing, and of a desirable character.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

Condominium projects, including applications for condominium conversions, constructed on a parcel of less than forty-three thousand five hundred sixty (43,560) square feet, but equal to, or exceeding twenty thousand (20,000) square feet in area, shall be developed in accordance with the provisions of this Section.

B.

Condominium projects constructed on a parcel equal to or exceeding forty three thousand five hundred sixty (43,560) square feet shall be processed and developed in accordance with the provisions of the Planned Development (P-D) District requirements set forth in Chapter 17.24 (Special Purpose Zoning Districts). Further, the provisions of this section shall be used as general development guidelines.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

"Bedroom" means a defined area within a residential unit containing a closet or area of storage, and is sufficient in size to provide for sleeping purposes.

"Community Apartment Project" means an apartment development in which an undivided interest in the land is coupled with the right of exclusive occupancy of an apartment located thereon. For the purposes of this chapter, community apartment projects shall be subject to the same regulations as condominium projects.

"Condominium" means an estate in real property consisting of an undivided interest in common, in a portion of a parcel or real property, together with a separate interest in space in real property, such as a residence, townhouse, apartment house, office or offices, store, or stores. A condominium may include, in addition, a separate interest in other portions of such real property.

"Condominium Conversion" means the conversion of real property from occupancy under existing tenancies or estates, and regardless of residential, industrial or commercial tenure, to occupancy under condominiums, community apartment or stock cooperative interests. For the purposes of this section, condominium conversions will be subject to the same approval process as condominium projects.

"Condominium Projects" means the entire parcel of real property, including all structures thereon, subdivided or to be subdivided, for purposes of constructing or converting existing structures to condominium units.

"Open Space" means usable open space which:

(1)

Has been well-designed;

(2)

Has been provided with landscaping and recreational facilities; and

(3)

Has been provided with a program of continuing maintenance by the Condominium Owners Association.

"Common Open Space" means land area set aside for the residents of a condominium project which is owned by the Condominium Owners Association.

"Private Open Space" means land area designated and maintained for the exclusive use of the occupants of the appurtenant dwelling unit.

"Stock Cooperative" means a corporation which is formed for the purpose of holding title to, either in fee simple or for a term of years, improved real property if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title which is held by the corporation, which right of occupancy is transferable only with the transfer of the share or shares of stock in the corporation held by the person having such right of occupancy. For the purposes of this chapter, stock cooperatives will be subject to the same regulations as condominium projects.

"Vehicle Access and/or Driveway" means a private way for the use of vehicles.

A.

Commercial/industrial condominium projects shall be permitted only in the RC-MUDO (Residential/Commercial Mixed-Use Development Overlay), P-O (Professional Office), C-4 (Regional Commercial), CI-MU (Commercial-Industrial Mixed Use), M-1 (Light Manufacturing and Industrial), and P-D (Planned Development) zones. Where the P-D zone is the base zone in combination with the RC-MUDO overlay zone, the RC-MUDO shall be standard for the residential portion of the development, which may be modified by the City Council upon adoption of the P-D zone.

B.

Residential condominium projects shall be permitted only in the RC-MUDO (Residential/Commercial Mixed-Use Overlay), R-3 (Medium Multiple Residential), and P-D (Planned Development) zones.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.36.050 - Procedure and submittal requirements.

A.

Application for Discretionary Site Plan and Design Review approval. Concurrently with the submission of a Tentative Tract Map, the applicant shall submit an application for a Discretionary Site Plan and Design Review application to the Community Development Department that contains the following information:

1.

A site plan drawn at a scale which clearly defines and depicts compliance with all applicable development standards and the following items:

a.

The square-footage of each unit and the number of bedrooms in each unit, if applicable,

b.

The layout and delineation, defined square-footage, of all common and private areas,

c.

The layout and location of all storage space,

d.

The layout and location of all facilities and amenities provided within the common area for the enjoyment and use of unit owners,

e.

The layout of all private and guest parking spaces to be used in conjunction with each condominium unit,

f.

Location and type of surfacing of all driveways, pedestrian walkways, vehicular parking areas, and curb cuts,

g.

Trash enclosure construction and location details,

h.

Location, height and type of all walls and/or fences in relationship to existing adjacent grade levels. Cross sections shall be included, and

i.

Mailbox locations that encourage proper vehicular and pedestrian traffic flow within the project.

2.

Preliminary Grading Plan. A grading and drainage plan, in sea-level elevations, shall be submitted which indicates the existing grade for the project as well as the neighboring properties on all sides, and the proposed finished grades associated with the project.

a.

Drainage plan concepts shall be developed under the following priorities of design preference:

Natural historic flow.

2)

Natural/mechanical flow.

3)

Mechanical (pump).

b.

Provisions for cross-lot drainage, such as easement and drainage devices, if applicable.

3.

Preliminary Landscaping Plan. A preliminary landscaping plan of the project shall indicate the types and sizes of landscaping materials and permanent irrigation facilities. The landscaping plan shall be prepared in compliance with the City's Water Efficient Landscape Ordinance (Rosemead Municipal Code Title 13, Chapter 13.08).

4.

Preliminary Lighting Plan. A preliminary lighting plan shall indicate the location and nature of lighting and lighting fixtures proposed in common areas.

5.

Preliminary Master Sign Program. A preliminary master sign program shall be developed and submitted in accordance with the sign area provisions outlined in Chapter 17.116 (Signs).

6.

Proposed Condominium Documents. Proposed condominium documents, including those portions of the covenants, conditions, and restrictions that apply to the conveyance of units, the assignment of parking, and the management and maintenance of common areas and improvements shall be submitted.

7.

Delineation of Shared Common Spaces. Delineation of shared common spaces (including shared access areas, utility corridors, etc.) shall be clearly delineated with bearings and distances.

8.

Other Information. Other information that the Community Development Director determines may be necessary to evaluate the proposed project to ensure consistency with the General Plan, this Zoning Code, and any other applicable City regulations.

B.

Planning Commission Evaluation. The Commission will review and will approve or conditionally approve if the plan meets the requirements of Chapter 17.136.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The following regulations shall apply to condominium projects unless otherwise provided in this Zoning Code.

A.

Minimum Lot Area.

1.

Minimum Lot Area for Commercial/Industrial Condominium and Stock Cooperatives. The minimum lot or parcel area for a commercial or industrial condominium project shall be forty thousand (40,000) square feet, and shall have a minimum street frontage of one hundred (100) feet, and a minimum lot depth of one hundred (100) feet as measured from the center line of the property.

2.

Minimum Lot Area for Residential Projects. The minimum lot or parcel area for a residential condominium project shall be twenty thousand (20,000) square feet, and shall have a minimum street frontage of one hundred (100) feet, and a minimum depth one hundred (100) feet as measured from the center line of the property.

B.

Density, Lot Coverage, and Floor Area Ratio. Density, lot coverage, and floor area ratio shall conform to the requirements of the General Plan and Zoning Code requirements for the district in which the condominium project is proposed.

C.

Dwelling Unit Size (Residential Projects Only).

1.

Each dwelling unit shall have a minimum floor area as shown in Table 17.36.060.1. (Residential Condominium Floor Area Requirements).

Table 17.36.060.1

RESIDENTIAL CONDOMINIUM FLOOR AREA REQUIREMENTS

Two Bedroom Unit 800 square feet For Each Additional Bedroom An additional 200 square feet

D.

Minimum Building Setbacks. Condominium projects shall be subject to the setback requirements of the specific zones in which they are located.

E.

Maximum Building Height. The maximum building height shall conform to the requirements of the General Plan and Zoning Code for the district in which the condominium project is proposed.

F.

Fences, Masonry Walls and Height Requirements. Each development shall be improved with fencing, walls, and landscape screening in accordance with Chapter 17.68 (Fences, Walls, and Landscape Screening).

G.

Landscaping. In addition to any landscape provisions required within the zone in which a condominium project is proposed, the following additional landscape criteria shall be followed:

1.

All setback areas fronting on or visible from an adjacent public street, and all leisure, open space, and recreation areas shall be landscaped in an attractive manner and provided with a method for the maintenance of the areas.

2.

Decorative design elements (e.g., benches, exterior recreational facilities, fountains, planters, pools, sculptures, and similar elements) may be allowed, provided the elements are incorporated as a part of the landscaping plans, except where otherwise prohibited.

3.

Permanent and automatic irrigation facilities shall be provided in all planted landscaped areas.

H.

Lighting. In addition to the requirements set forth in Chapter 17.88 (Lighting), condominium projects shall conform to the following additional regulations:

1.

The subdivider shall install an on-site lighting system on all vehicular access ways and along major walkways.

2.

The lighting shall be directed onto the driveways and walkways within the development and away from the adjacent properties.

3.

Appropriate lighting shall also be installed within all covered and/or enclosed parking areas.

I.

Open Space (Residential Projects Only). There shall be provided a minimum of four hundred (400) square feet of private and/or common open space per unit, or any combination thereof exclusive of front yard setback, side yard setback, vehicular access ways, and off-street parking areas. Open space shall be devoted to landscaping and outdoor recreational facilities incidental to the residential development which may include, but are not limited to: swimming pools, tennis courts, children's play areas, barbecue and picnic areas. Open space within the condominium project should be oriented so as to provide separation of vehicular traffic from the open space.

J.

Storage and Utility Space (Residential Projects). A single area having a minimum of two hundred and forty (240) cubic feet of private and secure storage space shall be provided for each unit exclusive of closets and cupboards within the living space of the dwelling unit. Such storage may be located within the garage, provided it does not interfere with automobile parking. Each residential condominium unit shall also have utility space for a washer and dryer and, adjacent to the conventional hot water heater, a floor area of two and one-half feet by two and one-half feet and eight feet high for a solar hot water storage tank.

K.

Trash Collection Facilities. Adequate refuse and solid waste collection containers shall be provided and conveniently located near the dwelling units they serve. The refuse location(s) shall provide for large refuse collection vehicle circulation and access from a public street or alley. See Chapter 17.32 (Accessory Structures) for additional development standards.

L.

Parking.

1.

Residential Parking.

a.

Number of parking spaces required. Residential condominium projects shall be provided with the following minimum number of parking spaces, each no smaller than ten (10) feet by twenty (20) feet.

(1)

Two fully enclosed parking spaces per dwelling unit.

(2)

One guest parking space per every two dwelling units.

(3)

One-half guest parking space shall be provided for each additional bedroom in dwelling units containing more than three bedrooms.

b.

No garage or guest parking space shall be located more than one hundred (100) feet from the unit it serves.

c.

Tandem parking is prohibited.

d.

Enclosed garage areas shall be provided with automatic fire extinguishing systems.

e.

The Planning Commission may approve a plan that groups all or part of the required parking if the Commission finds the following.

(1)

Such parking is useful and accessible to the proposed dwelling units.

(2)

Such parking provides more contiguous or usable open space.

(3)

Garage door entry and exit is oriented away from open space.

(4)

Where subterranean parking is utilized, the requirements of Chapter 17.112 (Off-Street Parking and Loading) shall also apply.

2.

Residential Driveway Requirements. Minimum driveway standards shall be as follows: twenty-six (26) feet of unobstructed width, and thirteen and one-half (13.5) feet of unobstructed vertical clearance. The unobstructed vertical clearance standard shall not be applicable to subterranean parking. Second story projections, such as balconies and landings may project no more than three feet into the driveway width for

minimum clearance of twenty (20) feet. All driveways shall comply with the County of Los Angeles Fire Department Access Standards. All points of vehicular access to and from driveways onto public rights-ofway shall be subject to the approval of the City Traffic Engineer. Driveways shall be situated so as not to be adjacent to any common open space. All interior private driveway paving shall be a minimum of the following:

a.

Subsoil compacted to ninety (90) percent density for adequate load bearing conditions.

b.

Four-inch AC over six-inch base material crushed aggregate, or six inches of concrete.

3.

Commercial and Industrial Parking, Loading, and Driveway Requirements. Commercial and industrial condominium parking requirements shall conform to the requirements of Chapter 17.112 (Off-Street Parking and Loading).

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Procedures. Condominium conversions shall be subject to the application and approval of a Conditional Use Permit. In addition to those required to be notified of a public hearing, all tenants and/or legal occupants occupying the proposed conversion site shall be notified in writing of the public hearing. A complete list of tenants and/or legal occupants shall be submitted to the Community Development Department by the applicant. These requirements in no way diminish the responsibilities of the applicant to comply with all state, county and local requirements. All proposed condominium conversions, in addition to meeting the current Building Code requirements, shall comply with the parking and open space requirements for new condominium projects.

(Ord. No. 931, § 5(exh. a), 10-22-13)

Chapter 17.40 - CANNABIS FACILITIES, CULTIVATION, AND DELIVERIES[[4]]

Footnotes:

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Editor's note— Ord. No. 1018, §§ 3—10, adopted November 14, 2023, amended Chapter 17.40, §§ 17.40.010—178.40.050 in its entirety to read as herein set out. The former Chapter 17.40 pertained to similar subject matter and derived from Ord. No. 983, § 7, adopted November 13, 2018.

Chapter 17.68 - FENCES, WALLS, AND LANDSCAPE SCREENING