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ZCS - Item 1A - Comprehensive Zoning Code Update 2013ROSEMEAD ZONING CODE UPDATE SUBCOMMITTEE STAFF REPORT TO: THE MEMBERS OF THE ZONING CODE UPDATE SUBCOMMITTEE FROM: PLANNING DIVISION DATE: JUNE 3, 2013 SUBJECT: COMPREHENSIVE ZONING CODE UPDATE 2013 SUMMARY Since October 2012, the Planning Division has accelerated its efforts to complete the City's Comprehensive Zoning Code Update. The draft document is nearly complete. City staff would like to review the project documents with Zoning Code Update Subcommittee members and gain consensus through discussion and feedback. The • following documents will be reviewed and discussed during the meeting: Draft Zoning Code Document Versions The Zoning Code revisions are presented in two formats, a "redlined version" of the document and a draft "clean version" of the document. Changes to the existing code are shown as green text for code to be added, strikethrough black text for existing code to be deleted, and black text for existing code to remain. The "clean version" has been included in the report as Attachment "A" and the "redlined version" has been included as Attachment "B." Comprehensive Zoning Code Update Summary of Change The purpose of this document is to provide an overview of the major substantive changes proposed to the Rosemead Zoning Code. The "Summary of Change" is included in this report as Attachment "C." Procedures for Implementation of the California Environmental Quality Act State law requires that each city adopt its own procedures for evaluating projects under the California Environmental Quality Act (CEQA) within its jurisdiction. Consistent with Section 15022(d) of the Guidelines, draft procedures are proposed to implement CEQA. The draft procedures are included in this report as Attachment "D." REM NUMBER: op 11 Zoning Code Update Subcommittee June 3, 2013 Page 2 of 2 Cottage Food Operations — Home Occupation Ordinance Update The recently approved Assembly Bill No. 1616, the California Homemade Food Act, allows for Cottage Food Operations in residential districts effective January 1, 2013. A Cottage Food Operation (CFO) is an enterprise at a private home where low -risk foods are prepared or packaged for public consumption. Assembly Bill (AB) 1616 requires local jurisdictions to allow CFOs in residential dwellings. Home businesses are currently permitted in the City of Rosemead as an accessory use to a residence, subject to the provisions in the Home Occupations Ordinance. Revisions to the existing Home Occupation Ordinance are proposed, which are consistent with the provisions of AB 1616. Attachment "E" illustrates the revisions proposed to the City's existing Home Occupation Ordinance. Proposed, New Land Use Permits The Draft Zoning Code Update proposes several new land use permits. A draft list of the potential new permits has been included in Attachment "F." A fee survey of the cities that surround the City of Rosemead is in progress in order to determine appropriate fees for each of these proposed permits. PowerPoint Presentation The PowerPoint presentation included as Attachment "G" has been designed to facilitate discussion and gather input during the subcommittee meeting. Prepared by: Submitted by: SHERI BERMEJO MICHELLE RAMIREZ CITY PLANNER COMMUNITY DEVELOPMENT DIRECTOR Attachment A — Draft Zoning Code "clean version" Attachment B — Draft Zoning Code "redlined version" Attachment C — Comprehensive Zoning Code Update Summary of Change Attachment D — Procedures for Implementation of the California Environmental Quality Act Attachment E — Cottage Food Operations — Home Occupation Ordinance Update Attachment F — List of proposed new land use permits Attachment G — PowerPoint Presentation • • E 0 a n 0 0 m 0 • TABLE OF CONTENTS ARTICLE 1 PURPOSE AND APPLICABILITY OF ZONING CODE Chapter 17.04 GENERAL PROVISIONS Sections: 17.04.010 Purpose. 1 17.04.020 Authority, relationship to general plan. 17.04.030 Applicability of zoning code provisions 17.04.040 Interpretation of provisions. 2 17.04.050 Definitions — general. 2 ARTICLE 2 ZONING DISTRICTS, ALLOWABLE LAND USES AND ZONE - SPECIFIC STANDARDS Chapter 17.08 ESTABLISHMENT OF DISTRICTS AND GENERAL REQUIREMENTS Sections: 17.08.010 Districts established. 1 17.08.020 Official zoning map. 2 17.08.030 Interpretation of zone boundaries. 2 17.08.040 Zoning of annexed property. 2 17.08.050 General requirements. 3 17.08.060 Hierarchy of zoning district restrictiveness. 9 Chapter 17.12 RESIDENTIAL ZONING DISTRICTS Sections: 17.12.010 Purpose. 10 17.12.020 Residential district land uses and permit requirements. 10 17.12.030 Residential district development standards. 13 Chapter 17.16 COMMERCIAL ZONING DISTRICTS Sections: 17.16.010 Purpose. 21 17.16.020 Commercial district land uses and permit requirements. 21 17.16.030 Commercial district development standards. 29 Chapter 17.20 COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS Sections: 17.20.010 Purpose. 40 17.20.020 Commercial and industrial district land uses and permit requirements. 40 17.20.030 Commercial and industrial district development standards. 46 CITY OF ROSEMEAD - ZONING CODE - TITLE 17 0 I 1 U C, J Chapter 17.24 SPECIAL PURPOSE ZONING DISTRICTS Sections: 17.24.010 Purpose. 50 17.24.020 Special purpose district land uses and permit requirements. 50 17.24.030 Special purpose district development standards. 52 17.24.040 P -D District reclassification and plan adoption. 53 Chapter 17.28 OVERLAY ZONES Sections: 17.28.010 Purpose. 59 17.28.020 Design Overlay (D -O) Zone. 61 17.28.030 Residential /Commercial Mixed -Use Development Overlay (RC -MUDO) Zone. 66 ARTICLE 3 REGULATIONS FOR SPECIAL USES AND STRUCTURES Chapter 17.30 STANDARDS FOR SPECIFIC LAND USES Sections: 17.30.010 Purpose. 1 17.30.020 Applicability. 1 17.30.030 Adult businesses. 2 17.30.040 Alcohol beverage sales. 3 17.30.050 Automated teller machines (ATMs) and walk -up bank services. 5 17.30.060 Automobile car wash (full service and self - service). 6 17.30.070 Automotive lube and tune facility. 7 17.30.080 Automotive service station. 8 17.30.090 Body art. 12 17.30.100 Donation boxes - outdoor. 13 17.30.110 Drive - through or drive -up facilities. 14 17.30.120 Emergency shelters and temporary aid centers. 16 17.30.130 Hotels and motels. 18 17.30.140 Internet cafe and game arcade. 21 17.30.150 Karaoke KTV studios. 24 17.30.160 Large and small family day care facilities. 25 17.30.170 Outdoor dining. 28 17.30.180 Recycling facilities. 28 17.30.190 Second dwelling units. 34 17.30.200 Single room occupancy (SRO). 37 Chapter 17.32 ACCESSORY STRUCTURES Sections: 17.32.010 Purpose and applicability. 39 17.32.020 Permit requirements. 39 17.32.020 Accessory structures in residential zones. 39 CITY OF ROSEMEAD - ZONING CODE - TITLE 17 . 17.32.030 Accessory structures in non - residential zones. 41 17.32.040 Solid waste and recyclable materials storage areas. 41 Chapter 17.36 CONDOMINIUMS AND CONDOMINIUM CONVERSIONS Sections: 17.36.010 Intent and purpose. 43 17.36.020 Applicability. 43 17.36.030 Definitions. 43 17.36.040 Permitted zones. 17.36.050 Procedure and submittal requirements. 44 17.36.060 Development standards. 46 17.36.070 Condominium conversions. 49 Chapter 17.42 MOBILE HOMES AND MANUFACTURED HOUSING Section: 17.42.010 Manufactured housing requirements. 50 Chapter 17.46 MOBILE HOME PARKS & PARK CONVERSIONS Sections: 17.46.010 Definitions. 51 17.46.020. Exemptions. 53 17.46.030 Applicability. 53 17.46.040 Required improvements and standards. 53 • 17.46.050 Mobile home park conversions. 53 Chapter 17.54 WIRELESS TELECOMMUNICATION FACILITIES Sections: 17.54.010 Purpose, intent and goals. 61 17.54.020 Definitions. 62 17.54.030 Applicability. 68 17.54.040 Exemptions. 68 17.54.050 Required approvals— expiration and renewal. 68 17.54.060 Application submission requirements. 70 17.54.070 Approval procedures— required findings. 76 17.54.080 Prohibited grounds for denial. 78 17.54.090 Requirements for administrative collocation. 78 17.54.100 Applicant's evidentiary burden. 78 17.54.110 Appeal - Conditional Use Permits. 79 17.54.120 Appeal - Administrative Collocation. 79 17.54.130 General development standards. 79 17.54.140 Design standards. 83 17.54.150 Noise. 84 17.54.160 RF and other emissions requirements. 84 17.54.170 Performance bond. 86 • 17.54.180 FAA Compliance. 86 17.54.190 Maintenance and security. 86 CITY OF ROSEMEAD - ZONING CODE - TITLE 17 3 • 17.54.200 17.54.210 17.54.220 17.54.230 17.54.240 17.54.250 17.54.260 Maintenance responsibility. 87 Abandonment or discontinuance of use— removal of facilities. 87 Transfer of operation. 89 Revocation. 89 Wireless facilities in the public right -of -way. 89 Nonconforming facilities. 90 Fees. 90 ARTICLE 4 SUPPLEMENTAL STANDARDS Chapter 17.68 FENCES, WALLS, AND LANDSCAPE SCREENING Sections: 17.68.010 Purpose and applicability. 1 17.68.020 Permit requirements. 1 17.68.030 Height limitations — residential development. 1 17.68.040 Height limitations — commercial, industrial, residential /commercial mixed- 17.68.050 17.68.060 17.68.070 • 17.68.080 17.68.060 17.68.100 use or commercial /industrial mixed -use development. 2 Retaining walls. 3 Fencing for residential or nonresidential sports facilities. 3 Determining height. 3 Prohibited fencing materials. 3 Fencing of hazardous areas. 4 Fences on lots that are vacant, under construction, or demolished. 4 Chapter 17.72 NONCONFORMING USES, STRUCTURES, LOTS AND PARKING FACILITIES Sections: 17.72.010 17.72.020 17.72.030 17.72.040 17.72.050 17.72.060 17.72.070 17.72.080 17.72.090 17.72.100 Chapter 17.76 Sections: 17.76.010 17.76.020 Purpose. 6 Limitations on other uses. 6 Nonconforming uses. 6 Nonconforming structures. 7 Nonconforming due to parking. 7 Parking structures and residential garages. 8 Nonconforming lots. 8 Reconstruction of damaged nonconforming buildings. 8 Exceptions. 9 Loss of legal nonconforming status. 9 OUTDOOR SALES AND GARAGE SALES Outdoor display and sales. 1 Garage sales. 11 CITY OF ROSEMEAD - ZONING CODE - TITLE 17 4 . Chapter 17.84 Sections: 17.84.010 17.84.020 17.84.030 17.84.040 17.84.050 17.84.060 17.84.070 17.84.080 17.84.090 17.84.100 17.84.110 17.84.120 17.84.130 17.84.140 Chapter 17.88 Sections: 17.88.010 17.88.020 DENSITY BONUS Purpose. 13 Applicability. 13 Available density bonuses. 13 Calculation of density bonus. 15 Density bonus general provisions. 15 Requirements for targeted affordable dwelling units.15 Additional incentive /concession for projects with affordable units. 16 Parking standards. 17 Granting an incentive or concession. 18 Land donation - density bonus. 18 Day care centers - density bonus, incentive or concession. 19 Condominium conversions - density bonus. 20 Density bonus application requirements and process. 21 Density bonus housing agreement. 23 LIGHTING Applicability. 24 Lighting Standards. 24 • Chapter 17.92 PUBLIC ART Sections: GREEN BUILDING 17.92.010 Applicability. 25 17.92.020 Definitions. 25 17.92.030 Objects not considered public art. 25 17.92.040 Approval of art plan. 26 17.92.050 Additional requirements for public art for on -site installation. 26 17.92.060 Declaration of covenants, conditions and restrictions. 27 Chapter 17.96 GREEN BUILDING Sections: 17.96.010 Applicability. 28 17.96.020 Encouraged green building practices. 28 Chapter 17.104 OAK TREE PRESERVATION Sections: 17.104.010 Purpose and intent. 30 17.104.020 Scope. 30 17.104.030 Definitions. 30 17.104.040 Permit— Required. 32 17.104.050 Permit — Applications. 32 • 17.104.060 Permit — Approval or denial. 32 CITY OF ROSEMEAD - ZONING CODE - TITLE 17 5 • 17.104.070 17.104.080 17.104.090 17.104.100 17.104.110 17.104.120 17.104.130 17.104.140 Permit approval— Conditions. 32 Permit expiration. 33 Exemptions from permit requirements. 33 Permit fees. 33 Standards for granting permits. 33 Tree preservation plan. 34 Appeals. 35 Violations — Penalties. 35 Chapter 17.108 FLAG LOTS Sections: 17.108.010 Purpose and intent. 36 17.108.020 Permitted districts. 36 17.108.030 Flag lot regulations. 36 17.108.040 Application and procedural provisions pertaining to flag lot dev. 38 Chapter 17.112 Sections: 17.112.010 17.112.020 17.112.030 17.112.040 • 17.112.050 17.112.060 17.112.070 17.112.080 17.112.090 17.112.100 17.112.110 17.112.111 17.112.112 17.112.113 Chapter 17.116 Sections: 17.116.010 17.116.020 17.116.030 17.116.040 17.116.050 17.116.060 17.116.070 17.116.080 • 17.116.090 17.116.100 OFF - STREET PARKING AND LOADING Purpose. 43 Permit requirements. 43 Exemptions. 44 Number of spaces required. 44 Alternative parking provisions. 49 Elimination or reduction of parking spaces prohibited. 50 Use of recreational vehicles and nonresidential. 50 General use provisions for off - street parking spaces. 51 Parking space and drive aisle dimensions. 52 Location of parking facilities. 54 Valet parking. 54 Parking design and layout standards. 55 Bicycle parking. 57 Loading area requirements. 58 SIGNS Purpose and intent. 62 Definitions. 62 General provisions, standards and controls. 64 Exceptions. 64 Signs prohibited in any zone. 65 Signs in R (residential) zones. 65 Signs in commercial and industrial zones. 66 t English language use'on on- premise signs. 67 Signs in the P -D and P -O zones. 67 Bdlboards;prohibited 68 CITY OF ROSEMEAD - ZONING CODE - TITLE 17 6 • 17.116.110 17.116.120 17.116.130 17.116.140 17.116.150 17.116.160 17.116.170 17.116.180 17.116.190 17.116.200 Billboards erected prior to December 1, 1979. 68 Rehabilitation of existing billboards. 68 Rehabilitation of existing substandard billboards. 69 Effect of conformity to Section 17.116.130. 69 Nonconforming sign — Replacement of alteration. 69 Nonconforming signs and billboards — Removal procedure. 69 Illegal signs in public right -of- way — Removal authority. 70 Illegal signs— Presumption of responsible party. 70 Illegal signs on public property — Removal charges. 71 Hearing on removal costs. 71 ARTICLE 5 LAND USE AND DEVELOPMENT APPLICATION PROCEDURE Chapter 17.120 Sections: 17.120.010 17.120.020 17.120.030 17.120.040 17.120.050 • 17.120.060 17.120.070 17.120.080 17.120.090 17.120.100 17.120.110 Chapter 17.124 Sections: 17.124.010 17.124.020 17.124.030 17.124.040 17.124.050 17.124.060 17.124.070 17.124.080 Chapter 17.128 Sections: • 17.128.010 17.128.020 APPLICATIONS AND PROCESSING Purpose. 1 Authority for land use and zoning decisions. 1 Multiple permit applications. 1 Optional pre - application review and meeting. 3 Land use application preparation and filing. 4 Application fees. 4 Initial application review and completeness. 5 Public hearing. 6 Time limits. 6 Changes to an approved project. 7 Environmental assessment. 8 TEMPORARY USE PERMITS AND SPECIAL EVENTS Purpose. 9 Definitions. 9 Exempt temporary uses and special events. 9 Allowed temporary uses and special events. 10 Application filing, processing, and review. 11 Findings and decision. 12 Conditions of approval. 12 Expiration, modification, extension and revocation of temporary use permit or special event permit. 13 ADMINISTRATIVE USE PERMIT Purpose. ,14 : Applicability. 14 CITY OF ROSEMEAD - ZONINQ'CODE' TITLE 17 7 . 17.128.030 Application filing and processing. 14 17.128.040 Findings and decision authority. 14 17.128.050 Conditions of approval. 15 17.128.060 Expiration, modification, extension and revocation of administrative use permit. 15 Chanter 17.132 CONDITIONAL USE PERMITS Sections: 17.132.010 Purpose. 17 17.132.020 Applicability. 17 17.132.030 Application filing and processing. 17 17.132.040 Findings and decision authority. 17 17.132.050 Conditions of approval. 18 17.132.060 Expiration, modification, extension and revocation of conditional use permit. 19 Chapter 17.136 Sections: 17.136.010 17.136.020 17.136.030 • 17.136.040 17.136.050 SITE PLAN AND DESIGN REVIEW Purpose. 20 Applicability. 20 Review authority. 21 Application requirements and review criteria. 22 Issuance of other required permits and approvals. 23 Chapter 17.140 VARIANCES Sections: 17.140.010 Purpose. 24 17.140.020 Applicability. 24 17.140.030 Application filing and processing. 24 17.140.040 Findings and decision authority. 24 17.140.050 Conditions of approval. 24 17.140.060 Expiration and extensions. 24 Chapter 17.142 Sections: 17.142.010 17.142.020 17.142.030 17.142.040 17.142.050 17.142.060 17.142.070 17.142.080 • 17.142.090 MINOR EXCEPTION Purpose. 26 Authority to approve. 26 Application and fees. 27 Hearing and notice. 28 Investigation of application. 28 Appeals from decision of Community Development Director. 28 Decision on minor exception to be final prior to issuance of permit. 28 Voiding of minor exception. 28 Extension of time. 28 CITY OF ROSEMEAD - ZONING CODE - TITLE 17 8 • Chapter 17.144 Sections: 17.144.010 17.144.020 17.144.030 17.144.040 17.144.050 17.144.060 17.144.070 REASONABLE ACCOMMODATIONS Purpose. 29 Applicability. 29 Administration. 29 Review and determination. 29 Required findings. 30 Conditions of approval. 31 Appeals. 31 Chapter 17.148 DEVELOPMENT AGREEMENTS Sections: 17.148.010 Purpose. 32 17.148.020 Applicability. 32 17.148.030 Application filing and processing. 32 17.148.040 Findings and decision authority. 33 17.148.050 Content of development agreement. 34 17.148.060 Execution and recordation. 35 17.148.070 Periodic review. 35 17.148.080 Amendment or cancellation of development agreement. 35 • Chapter 17.150 Sections: 17.150.010 17.150.020 17.150.030 17.150.040 17.150.050 17.150.060 17.150.070 SPECIFIC PLANS Purpose. 36 Applicability. 36 Required specific plan contents. 36 Initiation. 37 Authority for adoption. 37 Adoption procedure. 37 Fees and charges. 37 ARTICLE 6 ADMINISTRATION AND ENFORCEMENT Chapter 17.152 GENERAL PLAN, ZONING MAP AND ZONING CODE AMENDMENTS Sections: 17.152.010 Purpose. 1 17.152.020 Initiation of changes and amendments. 1 17.152.030 Processing, notice, and hearings. 1 17.152.040 Planning Commission action. 2 17.152.050 Council action. 2 17.152.060 Findings. 3 • 17.152.070 Effective dates. 4 CITY OF ROSEMEAD - ZONING CODE - TITLE 17 9 • Chapter 17.156 Sections: 17.156.010 17.156.020 17.156.030 17.156.040 17.156.050 PUBLIC HEARINGS AND ADMINISTRATIVE REVIEW Purpose. 5 Notice of public hearings and administrative review. 5 Scheduling of hearing. 6 Hearing procedure. 6 Decision and notice. 7 Chapter 17.160 APPEALS AND REQUESTS FOR REVIEW Sections: 17.160.010 Purpose. 8 17.160.020 Council review. 8 17.160.030 Planning Commission review. 8 17.160.040 Appeals of decisions. 8 17.160.050 Filing and processing of appeals. 8 17.160.060 Request for review. 10 Chapter 17.164 Sections: 17.164.010 17.164.020 • 17.164.030 17.164.040 17.164.050 17.164.060 17.164.070 17.164.080 17.164.090 n U ENFORCEMENT Purpose. 11 Permits and approvals. 11 Enforcement responsibility. 11 Inspections. 11 Violations. 12 Initial enforcement action. 12 Legal remedies. 13 Remedies are cumulative. 13 Enforcement of title provisions. 13 Chapter 17.168 REVOCATIONS AND MODIFICATIONS Sections: 17.168.010 Purpose. 15 17.168.020 Revocations. 15 17.168.030 Modifications. 15 17.168.040 Findings to modify or revoke. 15 17.168.050 Hearing and notice required. 16 CITY OF ROSEMEAD - ZONING CODE - TITLE 17 10 11 • TITLE 17 ARTICLE 1 PURPOSE AND APPLICABILITY OF ZONING CODE Chapter 17.04 GENERAL PROVISIONS Sections: 17.04.010 Purpose. 17.04.020 Authority, relationship to general plan. 17.04.030 Applicability of zoning code provisions. 17.04.040 Interpretation of provisions. 17.04.050 Definitions - general. 17.04.010 Purpose. This Title, cited as the Rosemead Zoning Code, Title 17 of the Rosemead Municipal Code, carries out the policies of the Rosemead General Plan by classifying and regulating uses of land and structures within the City. This Title is adopted to protect and promote the public health, safety, and general welfare of residents and businesses in the City. More specifically, it is the purpose of this Title to: A. Provide standards that will guide orderly growth and development of the City; • B. Preserve and protect the integrity and character of the City's residential neighborhoods; C. Maintain vital areas for business activities that serve the community and protect the quality of life; D. Require thoughtful planning and design that enhances the visual character of the City and avoids conflict between land uses; E. Create a comprehensive and stable pattern of land uses for which public services and infrastructure can be efficiently and adequately planned; and F. Ensure that property within the City is well maintained by requiring each owner, occupant, or other person in charge of any property to keep it in good repair and in compliance with the provisions of this Title. 17.04.020 Authority, relationship to general plan. A. Authority. This Title is adopted pursuant to Article XI, of the Constitution of the State and in compliance with the requirements of Government Code Title 7, Planning and Zoning Law. B. General Plan consistency. The City's General Plan is the document that establishes the broad goals and policies • for all future development. This Title is one of the primary tools used to implement the goals, objectives, and policies of the General Plan. The City Council intends, and State law requires, that this Title be consistent with the General Plan, and that any use TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 1 • or development approved in compliance with this Title will also be consistent with the General Plan. 17.04.030 Applicability of zoning code provisions. This Title applies to all land uses, structures, and development within the City as follows: A. New land uses or structures. It shall be unlawful and a violation of this Title for any person to establish any land use or construct any structure except in compliance with the requirements of this Title. B. Existing land uses or structures. The requirements of this Title are not retroactive in their effect on land uses or structures, lawfully established before the effective date of this Title or any applicable amendment. Existing land uses or structures are lawful and not in violation of the Rosemead Municipal Code only when operated and maintained in compliance with all applicable provisions of this Title. C. Other permits and requirements. Nothing in this Title eliminates the need for obtaining any other permits required by the City, or any permit approval required by other .. provisions of the Municipal Code or the laws or regulations of any County, Regional, State, or Federal agency. D. Government projects. The provisions of this Zoning Code shall apply to any County, special district, and State or Federal government or agency to the maximum extent • allowed by law. The provisions of this Zoning Code shall not apply to any public project of the City except to the minimum extent required by law. 17.04.040 Interpretation of provisions. A. Authority to interpret. The Community Development Director shall have the responsibility and authority to interpret the requirements and intent of this Title. B. Interpretations Implemented as Policy. The Community Development Director may from time to time establish an interpretation as a matter of policy in order to ensure consistent and fair application of the code. After ascertaining all pertinent facts regarding an interpretation, the Community Development Director shall set forth the findings of the interpretation in writing as provided in subsection B1 and made available to the public together with the zoning code. Unless such finding and interpretation is appealed to the Planning Commission, the Community Development Director's interpretation shall thereafter govern. 1. Procedure for Interpretation. At the written request of any person, or at the Community Development Director's discretion, the Community Development Director may determine the meaning or applicability of any requirement of this Title and may issue an official interpretation. a. Requests for interpretation shall be in writing and specifically state the provision(s) in question and provide any information to assist in the review. • b. The Community Development Director's official interpretation shall be recorded in TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 2 • writing and shall quote meaning orapplicability in need for interpretation. the provision(s) being interpreted, and explain their the particular or general circumstances that caused the c. The Community Development Director's official interpretations shall be distributed to the City Council, Planning Commission, City Attorney, City Clerk, and all affected staff. d. Any interpretation of this Title by the Community Development Director may be appealed to the Planning Commission, whose decision regarding the interpretation shall be final. The Community Development Director may also refer any interpretation to the Planning Commission for a determination. 2. Allowable Uses of Land. The Community Development Director may determine that a proposed use not listed in Article 2, Chapter 17.03 (Residential Zoning Districts), Chapter 17.04 (Commercial Zoning Districts), Chapter 17.05 (Business and Industrial Zoning Districts), Chapter 17.06 (Special Purpose Zoning Districts), and 17.07 (Overlay Zones) is allowable if the use is substantially similar to a use permitted in Article 2, Chapter 17.03 (Residential Zoning Districts), Chapter 17.04 (Commercial Zoning Districts), Chapter 17.05 (Commercial and Industrial Zoning Districts), Chapter 17.06 (Special Purpose Zoning Districts), and 17.07 (Overlay Zones) and all of the following findings are made: a. The proposed use will be consistent with the goals, objectives, and policies of the General Plan; • b. The characteristics of, and activities associated with, the proposed use are equivalent to those of one or more of the uses listed in the zoning districts as allowable, and are no more detrimental or intensive than the uses listed in the district for which the proposed use is determined to be consistent with; and c. The proposed use will meet the purpose and intent of the zoning district that is applied to the site where the proposed use is to be located. 3. Zone district boundaries. The Community Development Director may determine the exact location of any zone district boundary. Any such determination shall be documented in writing and shown clearly on a map, and may be appealed to the Planning Commission. C. Interpretation as Minimum Requirements. When any regulation or standard of this Title is being interpreted and applied all provisions shall be considered to be minimum requirements unless stated otherwise (such as height limits and lot coverage for structures). D. Calculations - Rounding. Where provisions of this Zoning Code require calculations to determine applicable requirements any fractional /decimal results of the calculations shall be rounded as provided by this Subsection. • 1. Residential density, minimum lot area, and number of lots. The fractional /decimal results of calculations of the number of dwelling units allowed on a parcel based on TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 3 . maximum density requirements, and the number of parcels allowed through subdivision based on a minimum lot area requirement shall be rounded down to the next lowest whole number, except when calculating a density bonus in compliance with Chapter 17.84 (Density Bonus). In the case of a density bonus, the fractional /decimal results of a calculation of the number of dwelling units allowed shall be rounded up to the next whole number. • E 2. All other calculations. For all calculations required by this Zoning Code other than those described in Subsection D.1 above, the fractional /decimal results of calculations shall be rounded to the next highest whole number when the fraction /decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5. 17.04.050 Definitions — general. For use in this Title certain terms are hereby defined. Words used in the present tense shall include the past and future tense and vise versa. Words in the singular form shall include the plural form and vice versa. The words "shall" and "will" are mandatory and the words "should" and "may" are permissive. Words and phrases used in the Zoning Code and not specifically defined shall be construed according to the context and common usage of the language and as ultimately determined by the Community Development Director. For the purpose of carrying out the intent of this title, certain terms, words, and phrases are defined and shall be deemed to have the meaning ascribed to them as follows: "Accessory Structure" "Nonresidential Accessory Structure" means an attached or detached structure that is a part of, and clearly incidental and secondary to, a nonresidential structure and that does not change the character examples of these structures include: • Decks. of the nonresidential structure. Illustrative • Fences. • Garages. • Gazebos. • Kiosks and carts for selling beverages, food, clothing, phones, toys, etc. • Outdoor fireplaces. • Outdoor kitchens. • Outdoor play equipment. • Patios. • Platforms. • Porches. • Refuse collection structures /trash enclosures. • Spas and hot tubs. • Storage or work sheds. • Swimming pools. • Tennis and other on -site sport courts. • Terraces. • Walls. • Workshops. TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 4 • "Residential Accessory Structure" means an attached or detached structure that is a part of, and clearly incidental and secondary to, a residence and that does not change the character of the residential structure. Does not include second dwelling units. Illustrative examples of these structures include: • Decks. • Fences. • Garages. • Gazebos. • Greenhouses (noncommercial). • Outdoor play equipment. • Patios. • Platforms. • Porches. • Spas and hot tubs. • Storage or work sheds. • Swimming pools. • Tennis and other on -site sport courts. • Terraces. • Walls. • Workshops. "Accessory Use" means an activity on a property that is incidental and subordinate to the main use of the site. • "Acupuncture" means a form of medical treatment involving the use of pressure, needles, or similar applications. "Adult Business" means any business establishment or concern that, as a regular and substantial course of conduct, performs or operates as an adult arcade, adult cabaret, adult model studio, adult store or adult theater, or any combination thereof. It also means any business establishment or concern that, as a regular and substantial course of conduct, sells or distributes sexually oriented merchandise or sexually oriented material; or any other business establishment or concern that, as a regular and substantial course of conduct, offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas. Adult business does not include those uses or activities, the regulation of which is preempted by state law. (See Chapter 17.30 Section 17.30.030 (Standards for Specific Land Uses) and Chapter 5.08, pertaining to the licensing and regulation of Adult Businesses. "Alcohol Beverage Sales" "Alcohol Sales, Off -Sale" means any establishment in which alcoholic beverages are sold, served, or given away for consumption off the premises. References to the establishment shall include any immediately adjacent area .that is owned, leased, rented, or controlled by the licensee. • "Alcohol Sales, On -Sale" means any establishment in which alcoholic beverages are sold, served, or given away for consumption on the premises and where the TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 5 . owner is applying for or has obtained any ABC Licenses for on -site consumption. References to the establishment shall include any immediately adjacent area that is owned, leased, rented, or controlled by the licensee. (See Article 3, Chapter 17.30 (Standards for Specific Land Uses), Section 17.30.040 for Alcohol Beverage Sales regulations.) "Alley" means a public way, other than a street, permanently reserved as a secondary means of vehicular access to abutting property. "Ambulance Fleet Services" means a base facility where ambulances and similar vehicles are parked and from which they are dispatched, and /or where ambulance vehicles and crews are not based at a hospital or fire department stand by for emergency calls. "Animal Hospital/Clinic" see "Veterinary Services ". "Animal Sales and Services" "Animal Boarding /Kennels" means the commercial provision of shelter and care for dogs, cats, other household animals, and horses (where allowed), including activities associated with such shelter and care (i.e., feeding, exercising, grooming, and incidental medical care). "Animal Grooming" means the commercial provision of bathing and trimming services for dogs, cats, and other household animals permitted by this Development Code. Overnight • boarding is not allowed. "Animal Retail Sales" means the retail sales of household animals within an entirely enclosed building. This use includes grooming, if incidental to the retail use, but specifically excludes boarding of animals other than those for sale. "Antique" means any article which because of age, rarity, or historical significance has a monetary value greater than the original value, or which has an age recognized by the United States Government as entitling the article to an import duty less than that prescribed for contemporary merchandise. "Apartment" means a room or a suite of two or more rooms in a multiple dwelling, occupied or suitable for occupancy as a residence for one family. "Apartment House" means a building containing three or more apartments each of which is designed for occupancy or occupied by a person or family living independently of the other apartments or units in the building. "Apartment Studio" means a small apartment usually consisting of one main living space, a small kitchen, and a bathroom. "Arcade" means an establishment that provides four or more amusement devices, whether or not the devices constitute the primary use or an accessory or incidental use of the premises. Amusement devices means electronic or mechanical equipment, game, or machine that is played or used for amusement, which when so played or used involves skill and which is • activated by coin, key, or token, or for which the player or user pays money for the privilege of playing or using. See also "Internet/Cyber Cafe'. TITLE 17 - ZONING ARTICLE 1 -PURPOSE AND APPLICABILITY OF ZONING CODE 16 +. "Architectural Feature" means any part of the structure that is part of the design and creates the style of the building or structure such as windows, eaves, trim, porches, etc. "Assembly /meeting facilities, Public or Private" means a facility for public or private assembly and meetings. Illustrative examples of these uses include: • Banquet rooms. • Civic and private auditoriums. • Community centers. • Conference /convention facilities. • Meeting halls for clubs and other membership organizations. • Places of Religious Assembly, including limited associated accessory uses (i.e., religious school activities that are not full -time, residence for clergy, and office space, and excluding schools with regular daily sessions.) • Sports stadiums and arenas. • Also includes functionally related internal facilities (i.e., kitchens, multi - purpose rooms, storage, etc.), and functionally associated accessory uses (e.g. temporary aid shelters to provide humanitarian assistance). Does not include conference and meeting rooms that are accessory and incidental to another principal use and typically used only by on -site employees and clients, and that occupy less floor area on the site than the principal use they support. Does not include sports or other commercial entertainment facilities (see "Commercial Recreation and Entertainment "). Does not include funeral homes and mortuaries (see "Funerals Homes and Mortuaries "). Related on -site facilities including day care centers and schools are separately defined (see "Educational Institute "). • "ATM (Automated Teller Machine)" means an automated device used by the public to conduct banking and financial transactions electronically (i.e. withdrawing cash from, or depositing cash or checks into, a bank, savings and loan, credit union, credit card or similar account). This does not apply to retail point -of -sale transactions within a fully enclosed location. This also refers to machines located on properties separate from financial institutions. • "Attic" means the area located between the top plate and the roof or ridge of a building, as further defined in the Building Code (see Figure 17.04.050.1). TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 7 0 Figure 17.04.050.1 — Attic "Automobile Car Wash means establishments engaged in the washing, waxing, or cleaning of automobiles or similar light vehicles. • "Full Service" means a car wash establishment where operating functions are performed entirely by an operator /owner with the use of washing, waxing, and drying equipment. "Self- Service or Accessory" means an establishment where washing, drying, polishing, or vacuuming of an automobile is done by the car driver or occupant. "Automobile Lube and Tune Facility" means an establishment that provides minor maintenance services for automobile engines and brake systems. Such businesses are characterized by short service visits. Overnight outdoor parking or storage of automobiles being serviced is prohibited. "Automobile Parts and Accessory Store" means a retail place of business selling or furnishing automobile supplies and parts. No repair work of any kind may be conducted in conjunction with such use. "Automobile Rental or Leasing" means a place of business used for the storage and display of complete and operative automobiles for the purpose of renting or leasing said vehicles on a short or long term basis. "Automobile Repair Garage" means a business conducted within a fully enclosed building which services and repairs motor vehicles, but exclusive of all body and fender repair or painting, steam cleaning, mechanical and non - mechanical car washing, recapping of tires, engine or transmission overhauling or replacement and other major • repairs. TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 18 . "Automobile Service Station" means a retail business establishment limited to the sale of motor fuels and supplying goods and services generally required in the operation and maintenance of automotive vehicles and the fulfilling of motorists' needs. These may include sale of petroleum products; sale and servicing of tires, batteries, automotive accessories and replacement items; washing and lubrication services; the performance of minor automotive maintenance and repair; and the supplying of other incidental customer services and products. Major automotive repairs, painting and body fender work are excluded except where such uses are otherwise permitted. "Service station" as used herein does not include chain, automatic or coin - operated wash racks. "Bachelor Apartment" means a studio unit, an apartment, or dwelling unit in a multiple dwelling or apartment house, occupied or suitable for occupancy as a residence for one person. A bachelor apartment contains bath and cooking facilities and one room used for living room and sleeping with no separate bedroom. "Bar /Cocktail Lounge" means a saloon, bar, pub, tavern, or similar place used primarily for drinking alcohol and designed for social interaction and /or entertainment. "Basement" means an area of a building or structure that is partially above ground and having no more than fifty (50) percent of its height, at any point, above finish grade on each and every side. A basement is not considered a floor or story unless more than fifty (50) percent of its height is above finished grade. "Beauty shop" means a commercial establishment that sells beauty and health products • and /or provides personal care and grooming services such as hair cutting and styling, nail care, facial hair removal, and non - permanent make -up application to the face. A "Beauty Shop" does not include electrolysis, facials, skin care and skin treatment services, massage, reflexology, tanning, body wrapping or weight management. • "Beauty/Health Spa" means a commercial establishment, such as a (nonmedical) health spa or day spa, providing a comprehensive range of beauty, health; relaxation, and personal care and grooming services including, but not limited to, hair cutting and styling, facials and skin care, skin treatments, aesthetician services, nail care, hair removal, electrolysis, cosmetics, tanning, body wrapping, weight management, and massage. "Bedroom" means an enclosed space within a dwelling unit that is designed for sleeping has a permanent door permitting closure and separation from all kitchen, living room, and hallway areas and complies with the Uniform Building Code requirements for a bedroom. "Berm" means a raised earthen area (see Figure 17.04.050.2) TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 9 Figure 17.04.050.2 - Berm MEN "Body Art" means art made on, with, or consisting of, the human body. The most common forms of body art are tattoos and body piercing. "Body Art Establishment" means a single business location, which is engaged in the creation of body art, such as tattoo parlors. Body Art Establishments shall not include beauty salons, and /or similar establishments, that provide permanent cosmetics to the human face as a means of producing designs that resemble makeup to the skin of the face, including, but not limited to, the permanent coloring of the eyebrows, lip line, eye line, and /or eyelashes. Such beauty salons, and /or similar establishments shall operate pursuant to a valid cosmetology license and in accordance with any and all state, county, and city regulations. "Body Branding" means impressing or burning a mark or figure on the skin of a person . with a hot object or flame. "Body Scarring" means any method by which a scar is applied to or left upon a body. "Breezeway" means a structure with a roof and open sides that connects two buildings. "Building" means a permanently located structure having a roof supported by columns or walls for the shelter, housing or enclosure of persons, animals, personal property of any kind. "Building Height" means the vertical distance from the average finished ground level of the site to the highest point of the roof. In cases of ambiguity and for unique architectural elements, the determination of building height will be determined by the Community Development Director. "Building Site" means the ground area of a building or group of buildings together with all open spaces as required by this Zoning Code. "Business and Business Activity" means any sole proprietorship, partnership, joint venture, corporation, or other business entity formed for profit- making purposes. "California Licensed Medical Professional" means a physician, surgeon, chiropractor, acupuncturist, osteopath, nurse, or physical therapist who is duly licensed to practice his or her respective profession in the State of California and who performs activities encompassed by • such professional license. TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 10 • "Catering Service" means a business which primary function is to prepare food for distribution off the premises. it shall not include a business which primary function is the sale of individual meals or portions thereof on the premises. "Chief of Police" means the Los Angeles County Sheriff or the Sheriffs designee. "Church" see "Places of Religious Assembly ". "Club" means any building or premises used by an association of persons, whether incorporated or unincorporated, for some common nonprofit purpose, but not including groups organized primarily to render a service carried on as a business. "Commercial Recreation and Entertainment" means establishments providing participant or spectator recreation or entertainment, either indoors or outdoors, for a fee or admission charge. Illustrative examples of these uses include: • arcades or electronic games (see "Arcade ") • batting cages • country clubs • family fun centers • golf courses • internet/cyber caf6s (see "Internet/Cyber Cafe") "Community Development Director" means the Director of the City of Rosemead Community Development Department or his or her designee. • "Conditional Use Permit' means a discretionary permit required for certain uses specified in this Code to provide for the thorough review of such proposed uses and their associated structures and other improvements, with the intent of ensuring that if approved, such use can be operated in a manner compatible with surrounding uses. See Article 5, Chapter 17.132 (Conditional Use Permits). "Convalescent Facility" see "Residential Care Facility". "Convenience Store" means easy access retail stores selling a combination of alcohol, gasoline, or a range of merchandise to provide a variety of items primarily for the motoring public. "Corner Cutoff Area" means a portion of a corner lot or parcel of land which is maintained in a manner to provide adequate and safe visibility for vehicular and pedestrian traffic wherever streets and alleys converge. "Cottage food operation" means an enterprise within the registered or permitted area of a dwelling unit where the cottage food operator, as defined by California Health and Safety Code 113758, resides and where cottage food products pursuant to California Health and Safety Code 113758 are prepared or packaged for direct, indirect, or direct and indirect sale to consumers. "Cultural Institution" means any facility such as a museum or library that displays or • preserves objects of community or cultural interest relating to one or more of the arts or sciences. This use includes libraries, museums, and art galleries. TITLE 17 - ZONING ARTICLE 1- PURPOSE AND APPLICABILITY OF ZONING CODE 1 11 • "Day Care, General" are establishments that provide nonmedical care for 15 or more persons on a less than a 24 -hour basis, including nursery schools, preschools, and day care centers for children or adults. Such use must comply with all applicable State regulations, and specifically those set forth in the California Health and Safety Code commencing with Section 1596.70, to be considered a General Day Care facility. General Day Care establishments may be accessory to an industrial, commercial or institutional use, as may be allowed by Article 2 of this Zoning Code. "Day Care, Limited" means nonresidential, nonmedical care and supervision of 14 or fewer persons on a less than 24 -hour basis. Child Day Care: "Child Care Home, Small Family (8 or fewer children)" means day care facilities located in single - family dwellings where an occupant of the dwelling provides care and supervision for eight or fewer children. Children under the age of 10 years who reside in the dwelling count as children served by the day care facility. Such use must comply with all applicable State regulations, and specifically those set forth in the California Health and Safety Code commencing with Section 1596.70, to be considered a small family child care home. "Child Care Home, Large Family (9 to 14 children)" means day care facilities located in single - family dwellings where an occupant of the dwelling provides care and supervision for nine to 14 children. Children under the age of 10 years who reside in the dwelling • count as children served by the day care facility. Such use must comply with all applicable State regulations, and specifically those set forth in the California Health and Safety Code commencing with Section 1596.70, to be considered a large family child care home. See "Day Care, General" for facilities serving 15 or more children. "Adult Day Care" see "Day Care, General ". "Developed Living Area" means the sum of the areas of all floors of a building approved for residential use as measured from the interior faces of exterior walls. "Disability" means a physical or mental impairment that limits or substantially limits one or more major life activities. A person with a disability is anyone who is regarded as having such impairment or anyone who has a record of such impairment. "Discretionary Permit" means a permit that is subject to the evaluation, judgment, and approval or denial by the Rosemead Planning Commission and /or the Rosemead City Council. "Donation Box" means a bin, storage shed, or similar facility measuring no more than eight feet wide by eight feet long and eight feet high, and established as an accessory use to a primary use for the purpose of providing a collection location for donated clothes, shoes, and small household items. Such facilities generally are established by a charitable or non - profit organization. "Drive- Through or Drive -Up Facilities" means an establishment that sells products or provides services to occupants in vehicles, including drive -in or drive -up windows and drive- through services. Examples include fast food restaurants, banks, and pharmacies. TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 12 "Driveway" means a paved access from a street or alley to a garage or other parking area; a driveway may include the space required to turn or maneuver a motor vehicle into and out of such parking area. "Dwelling" means a structure or portion thereof designed exclusively for permanent residential purposes, but not including hotels, motels, emergency shelters, or extended stay locations. "Dwelling Unit" means any structure or portion thereof designed for living and sleeping purposes that contains independent cooking and sanitation facilities. "Multi - Family Dwelling Unit" means a structure or portion thereof containing three or more dwelling units designed for the independent occupancy of three or more households. "Primary Dwelling Unit' means an existing single -unit residential structure on a single lot with provisions for living, sleeping, eating, a single kitchen for cooking, and sanitation facilities, and occupied by one household. "Single- Family Dwelling Unit" means a detached structure containing no more than one dwelling unit which, regardless of form of ownership, is designed and /or used to house not more than one. household, including all domestic employees for such household. • "Second Dwelling Unit' means an attached or detached dwelling unit which provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as an existing qualified primary dwelling unit is situated. 'Two- Family Dwelling (Duplex) Unit' means a building containing two complete dwelling units designed for the independent occupancy of two households. See also "Manufactured Housing" and "Mobile Housing Unit'. "Easement" means a recorded right or interest in the land of another, which entitles the holder thereof to some use, privilege or benefit out of or over the real property without possessing it. An access easement is a right granted by a landowner to certain other property owners, or the general public, to travel across the landowner's property for access. "Eating and Drinking Establishments" "Accessory Food Service" means an establishment that sells food and /or beverages as an accessory use in a retail, office, or institutional structure and that does not change the character of the primary use. "Bar, Lounges, Nightclubs, Taverns (includes independent or accessory establishments)" means any establishment that sells or serves alcoholic beverages for consumption on the premises and is holding or applying for a public premise license from ABC and in which persons under 21 years of age are restricted from the premises. • References to the establishment shall include any immediately adjacent area that is owned, leased, rented, or controlled by the licensee. TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 13 • "Fast Food" means a restaurant which supplies food and beverages primarily in disposable containers and which is characterized by high automobile accessibility, self - service, and short stays by customers. "Outdoor Dining" means a dining area with seats and /or tables located outdoors of a sit - down restaurant, fast food, or other food service establishment. Outdoor dining is located entirely outside the walls of the contiguous structure or enclosed on one or two sides by the walls of the structure with or without a solid roof cover. "Restaurant, Sit - down" means an establishment engaged in the business of selling food and beverages, including alcoholic beverages, prepared on site for primarily on -site consumption. Food and beverages are served to the customer at a fixed location (i.e., booth, counter, or table). Food and beverages are ordered from individual menus. Customers typically pay for food and beverages after service and /or consumption. The sale or service of sandwiches, whether prepared in the kitchen or made elsewhere and heated on the premises, or snack foods, shall not constitute a sit -down restaurant. "Take -Out Service" means an establishment that offers a limited variety of food or beverages. Transactions are sales for off -site consumption. Customers are served either at a counter or service window. Incidental seating (less than 250 square feet of seating area) may be provided for limited on -site consumption of food or beverages. Typical uses include bakeries, coffee stores, ice cream and frozen dessert stores, delivery-only pizza establishments, small delicatessens, and similar establishments. • "Eave" means the part of a roof that overhangs an exterior wall. "Educational Institute" means any public, private, or parochial elementary, junior high, high school, university, or other school giving general academic instruction in the several branches of academic learning, which has five (5) or more students. Educational Institutes do not include trade schools, which are defined separately herein. "Electronic Game Center" see "Arcade ". "Emergency Health Facility" means establishments that provide emergency medical service (i.e., outside normal physician office hours or before a physician appointment is available) with no provision for overnight or continuing care on an inpatient basis. Also includes "urgent care" facilities and walk -in clinics. Does not include hospitals (see "Hospital "). "Emergency Shelter" "Emergency Shelter" shall mean any establishment operated by an Emergency Shelter Provider that provides homeless people with immediate, short-term housing for no more than six (6) months in a twelve (12) month period, where no person is denied occupancy because of inability to pay. Emergency Shelters may also provide shelter residents with additional supportive services such as food, counseling, laundry, and access to other social programs. Emergency Shelters may have individual rooms and common areas for residents of the facility, but may not be developed with individual dwelling units, with the exception of a manager's unit • "Emergency Shelter Provider" shall mean a government agency or non- profit TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 14 . organization that provides emergency or temporary shelter, and which may also provide meals, counseling, and access to other social programs. This definition does not include such emergency shelters as may be provided for relief following a natural disaster or during a state of emergency or those provided at a place of religious assembly for less than five (5) days in any thirty (30) day period. "Temporary Aid Center" shall mean any establishment that provides homeless and low- income people with short-term services, where no person is denied assistance because of inability to pay. Temporary aid centers provide supportive services such as food, clothing, counseling, laundry, and access to other social programs, but do not provide overnight shelter. This use does not include establishments that function as medical or professional offices and provide social services. "Equipment Rental Yard" means service establishments primarily engaged in the outdoor storage and rental of construction equipment, materials or supplies, machinery or industrial supplies. "Establishment" see "Business and Business Activity". "Fagade" means one side of the exterior of a building, generally the front, but also may include the sides and rear. In architecture, the facade of a building is often the most important from a design standpoint, as it sets the tone for the rest of the building. "Family" means any group of individuals living together as the functional equivalent of a family • where the residents may share living expenses, chores, eat meals together and are a close group with social, economic, and psychological commitments to each other. A family includes, for example, the residents of residential care facilities and group homes for people with disabilities. A family does not include larger institutional group living situations such as dormitories, fraternities, sororities, monasteries, or nunneries. "Farmers' Market ".means an outdoor market certified for direct retail sales by farms to the public by the State or County Agricultural Commission under California Code of Regulations Title 3, Chapter 3, Article 6.5. Farmers' Markets can also include limited sales of crafts and goods. "Financial Service or Institution" means a company specializing in consumer loans and lines of credit and other financial services such as a bank, savings and loan, credit union, mortgage office, or automated teller machine (ATM). This does not include check cashing establishments. "Fence" means a freestanding structure designed to restrict or prevent movement across a boundary or to mark the boundary of an area. "Floor" means a unit of building height to be used as an alternative term to story. "Floor Area" means the total floor space in terms of square footage occupied by an owner, lessee, or renter in a building except: 1. Elevator shafts; • 2. Stairwells; 3. Courts or atriums uncovered and open to the sky; TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE ; 15 • 4. Rooms exclusively housing building operating equipment; and 5. Parking areas. "Floor -area ratio (FAR)" means the total square- footage of floor area on a lot divided by the gross area of the lot, prior to any required dedications for street or utility rights- of -way. Such calculation shall include only those structures intended for permanent habitation. For flag lot developments, FAR calculations shall use the net area of the proposed lot. "Fortunetelling" means a business that professes to foretell future events. No such business shall be conducted in a structure utilized for residential purposes. No such business qualifies as a home occupation. "Frontage" is the face of a building or length of a lot that is parallel to, or is at a near parallel angle to a public street or public parking area. "Funeral Homes and Mortuaries" means establishments engaged in the provision of services involving the care, preparation, or disposition of human remains other than in cemeteries. May or may not include crematories and /or mortuaries. No internment is provided on site. May include areas for assembly services and living quarters for funeral home /mortuary manager. "Garage" means an accessory structure or portion of the main building permanently roofed and enclosed on all sides, which is designed or used for the shelter of motor vehicles. "General Plan" means the General Plan for the development of the City adopted by the City • Council. "Glare" means the shining of bright or intense light on a property "Government Facilities" means a building or structure owned, operated, or occupied by a governmental agency to provide a governmental service to the public. "Grade, Existing" means the surface of the ground or pavement at a stated location as it exists before disturbance in preparation for a project regulated by this Zoning Code. "Grade, Finished" means the elevation of the surface of the ground adjoining the building at the completion of a project regulated by this Zoning Code. "Grade (ground level)" is the average of the finished ground level at the center of all walls of a building, except in cases where walls are parallel to and within five feet of a sidewalk, ground level shall be measured at the sidewalk. "Group Home" means any residential care facility licensed by the State of California for occupation by six or fewer persons. See definition under Title 22 (Social Security) in the California Code of Regulations (Section 80001 [g]). "Hardscape" means areas such as patios, decks, driveways, paths, and sidewalks that do not require irrigation. • "Health /Fitness Facilities" TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE j 16 • "Health /Fitness Facilities (Small)" means an indoor facility of 2,000 square feet or less in size where passive or active exercises and related activities are performed using minimal muscle - building equipment or apparatus for the purpose of physical fitness, improved circulation or flexibility, and /or weight control. Examples of uses include Pilates, personal training, yoga, and martial arts studios. "Health /Fitness Facilities (Large)" means a full- service fitness center, gymnasium, or health and athletic club which is over 2,000 square feet in size and may include any of the following: sauna, spa or hot tub facilities; weight rooms; indoor tennis, handball, or racquetball courts; aerobic classes and other indoor sports activities; locker rooms and showers. "Hedge" means a line of closely spaced shrubs and tree species, planted and trained in such a way as to form a barrier or to mark the boundary of an area. "Heliport" means an area used for the landing, parking, or takeoff of helicopters including operations facilities (i.e. fueling, loading and unloading, maintenance, storage, terminal facilities, etc.). "Helistop" means a single pad used for the landing, parking, or takeoff of one helicopter and other facilities as may be required by Federal and State regulations, but not including operations facilities (i.e. fueling, loading and unloading, maintenance, storage, terminal facilities, etc.). • "Homeowners Association" means an organization of homeowners whose major purpose is to maintain and provide community facilities and services for the common benefit of the residents. "Home Occupation" means a business, occupation, or activity conducted as an accessory use within a dwelling unit incidental to the residential use of the property and in which there is no display, no stock or trade commodity sold on the premises, and which the appearance gives no indication of any use other than residential. "Horticulture" means the study and practice of cultivating plants, such as growing fruit, flowers, ornamental plants, and vegetables in small gardens. Horticulture usually refers to gardening on a smaller scale, while agriculture refers to the large -scale cultivation of crops. "Horticulture, Commercial" means the cultivation of agricultural products for retail or wholesale sales. Includes plant nurseries. "Horticulture, Private" means the cultivation (but not sale) of agricultural products for use or consumption only by the property owner or tenant. "Hospital" means a facility providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons, primarily on an inpatient basis. This use includes incidental facilities for outpatient treatment, as well as training, research, and administrative services for patients and employees. This excludes sanitariums and residential care facilities. • "Hotel" means a building or a portion of a building containing guest rooms intended or designed to be used or which are used, rented, or hired out to be occupied or which are TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 17 • occupied for temporary or overnight accommodations, but not used as the legal residence or principal dwelling place of the occupant(s), with or without meals, in which no provision is made for cooking in any individual room or suite. Entrance to all guest rooms must be from completely enclosed interior halls. "Industry" means establishments engaged in the manufacturing of finished parts or products, either from raw materials or previously prepared materials, within an enclosed structure. This includes processing, fabrication, assembly, treatment, testing (i.e., laboratories), packaging, incidental office storage, sales, and distribution of the parts or products; and laundry and dry cleaning plants. 'Industry, Light' means the manufacture and /or processing of consumer - oriented goods in a manner that does not produce noticeable odors, air emissions, or other environmental effects, and that has limited associated trucking activity. Light industries generally require limited amounts of raw materials to produce goods. Examples of light industries include, but are not limited to, the manufacture of clothes, shoes, furniture, consumer electronics, and household items. "Industry, Heavy" means the manufacture and/or processing of materials and goods utilizing large quantities of raw materials, and generally requiring high capitalization and production of large quantities of output. Heavy industry often sells output to other business users rather than consumers. Characteristics of heavy industry include, but are not limited to, heavy trucking activity, noise, emissions requiring federal or state environmental permits, use of large quantities of hazardous materials as defined the U.S. Environmental Protection Agency, and requirement for specialized permits from federal and state occupational health • and safety agencies. "Internet Cafe and Game Arcade" means an establishment that provides more than three computers and /or other electronic devices to the public for compensation and /or for public access to that system commonly referred to as the "internet" for the purpose of e-mail, playing video games over the Internet or other network system, and /or access to other computer software programs. Internet cafe is also synonymous with PC cafe, cyber cafe, intemet gaming center, computer /intemet rental and cyber centers. See "Commercial Recreation and Entertainment'. "Karaoke entertainment" means an accessory entertainment use consisting of a musical rendition in which participant(s) sing words accompanied by popular recordings from which the vocals have been removed and the results of which are professionally mixed and amplified for play -back entertainment of other patrons. "Karaoke N (KTV) studio" means an establishment offering participatory Karaoke entertainment as a primary use, where patrons perform semi - privately in booths or rooms reserved for such purpose. "Kennel" see "Animal Sales and Services, Animal Boarding /Kennels ". "Kitchen" means any room all or part of which is designed and /or used for the cooking and other preparation of food. • "Landscaping" means any combination of native or exotic plants, lawn, groundcover, trees, shrubs, and other plant materials, plus decorative outdoor and complementary elements such TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 18 • as pools, fountains, water features, paved or decorative walkways or surfaces of rock, stone, brick, block, or similar material (excluding driveways, parking, loading, or storage areas), and sculptural elements. Plants on rooftops or porches or in boxes attached to structures typically are not considered landscaping. "Large collection facility" means a center for the acceptance by donation, redemption or purchase of recyclable materials from the public. Such a facility does not use power -driven processing equipment and is two hundred (200) square feet or greater in floor space and is located on the same parcel as the principal use. "Laundry and Dry Cleaning Services" "Laundry/Dry Cleaning Services — Off - Site" means establishments that serve as pick -up and drop -off locations for dry cleaning only, with no cleaning equipment located onsite. This use does not include a self- service laundry establishment, which is classified separately. "Laundry/Dry Cleaning Services — On-Site" means establishments that provide laundering and dry cleaning services on -site, and may only use non - petroleum solvents. The establishment may include related services such as tailoring. "Laundry/Self- Service" means any establishment for laundering where there is no pickup or delivery service and no steam or hand laundry of any type, and where there is no intermingling of customers' laundry. • "Live Entertainment" means singing, dancing, acting, or similar performances provided by a performer who is hired or otherwise secured by the operator of the business where the entertainment is presented. "Lot" means a parcel of real property shown as a delineated parcel with a number or other separate designation on a plat recorded in the office of the County Recorder, or a parcel the dimensions or boundaries of which are defined by a record of survey recorded pursuant to the provisions of the Subdivision Map Act of the state, in the office of such recorder, or a parcel the dimensions and boundary of which are shown on a plot plan or map filed, finally approved and in effect pursuant to Title 16 of this code, or a parcel containing not less than the minimum square footage required in the zone in or a parcel held under separate ownership and lawfully separated in ownership prior to the effective date of this chapter and all applicable predecessor ordinances, and abutting upon a street or private easement. "Lot, Corner" means a lot situated at the intersection of two or more streets. (See Figure 17.04.050.3) Lot, Flag" means a lot whose shape or property line configuration is created in a manner which utilizes an extension of property for the exclusive purpose of obtaining vehicular and pedestrian access to a public street, or as set out in Article 3, Chapter 17.108 of this Code. "Lot, Interior" means a lot other than a corner lot. (See Figure 17.04.050.3) • "Lot, Reversed Corner" means a corner lot the side street line of which is substantially a continuation of the front lot line on the first lot to its rear. (See Figure TITLE 17 -ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 19 . 17.04.050.3) "Lot, Through" means a lot having frontage on two parallel or approximately parallel streets. (See Figure 17.04.050.3) Lot Area" means the total area within the boundary lines of a lot or parcel; provided, however, that the following shall be excluded from the computation thereof: 1. Any portion of the lot or parcel which serves as an access easement to any other lot or building site; or 2. Any portion of the lot or parcel which serves as an improved surface flood control project under the jurisdiction of any public agency. For the purpose of determining area in the case of an irregular, triangular, or gore- shaped lot, a line ten feet in length within the lot and furthest removed from the front lot line and at right angles to the line representing the lot depth of such lot shall be used as the rear lot line. "Lot Coverage" means the area of the site covered by buildings or roofed areas, excluding allowed projecting eaves, balconies, porte- cocheres, and similar architectural features. Lot coverage does not include pools, hot tubs, or similar features. "Lot Depth" means the length of a straight line drawn from the midpoint of the front lot line and at right angles to such line connecting with the line intersecting the midpoint of the rear lot line; provided, however, that for the purpose of measurement, methods of measurement shall be applicable as per the following described circumstances: • 1. In the case of lot having a curved front line, the front lot line, for the purposes of this section, shall be deemed to be a line tangent to the curve and parallel to a straight line connecting the points of intersection of the side lot lines of the lot with the front lot line. 2. In the case of a flag lot, for the purposes of this section, the front lot line shall be that property line which extends across the width of the lot, which is exclusive of and is not to be confused with, those property lines contained within the flag lot vehicle access leg to the public street. (See Figure 17.04.050.3) "Lot Line, Front" means: 1. For an interior lot, the line separating the lot from a street or highway; 2. For a corner lot, the line separating the narrower street frontage from a street or highway, unless otherwise specified by deed restriction; 3. In the case of lots set back from the street, with long narrow portions for access (flag lot), the line, or series of lines, delimiting the front of the buildable portion of the lot shall be established as the front lot line; 4. For a through lot, the lot line abutting the street providing the primary access to the lot. (See Figure 17.04.050.3) "Lot Line, Interior" means any lot line not abutting a street. "Lot Line, Rear" means a lot line, not intersecting a front lot line, which is most closely parallel to the front lot line. In the case of an irregularly shaped lot or a lot bounded by only three lot lines, rear lot line shall mean an imaginary line within the lot having a • length of 10 feet, parallel to and most distant from the front .lot line, which shall be interpreted as the rear lot line for the purpose of determining required yards, setbacks, and TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 20 . other provisions of this Land Use Code. (See Figure 17.04.050.3) "Lot Line, Side" means any lot boundary line that is not a front lot line or a rear lot line. On a corner lot, the street right -of -way line with the greatest amount of street frontage shall be the side lot line, unless otherwise specified by deed restriction. (See Figure 17.04.050.3) • "Lot Width" means the minimum horizontal distance between the side lot lines measured at the front setback line. (See Figure 17.04.050.3) "Lot Width, Average" shall be the average of the front and rear lot lines. In computing lot width or average width, the following shall be excluded: 1. Any portion of the width that serves as an access easement to any other lot or building site; 2. Any portion of the width that serves as an improved surface flood control project under the jurisdiction of any public agency. Figure 17.04.050.3 Lot Types "Manufactured Housing Unit' means a dwelling unit which is either wholly or mainly manufactured at an off -site location and is assembled on site on a permanent foundation with permanent service connections. The definition does not include a mobile home, mobile accessory structure, or an automobile trailer or recreational vehicle. "Massage" or "Massage Therapy" means any method of treating the external parts of the body for remedial, hygienic, relaxation or any other similar purpose, whether by means of pressure on, friction against or stroking, kneading, tapping, pounding, vibrating, rubbing or other manner of touching external parts of the body with the hands, or with the aid of any mechanical or electrical apparatus or appliance with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, ointment or other similar preparations commonly used in • this practice and shall include herbal body wraps. For the purposes of this chapter, "massage" or "massage therapy' includes the techniques of acupressure and reflexology. TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE i 21 L0TUN¢ ell • flOCRROlNOlFY m, ' - ! INTMOR I w ! GORN91 LOT LOT � q I CORl61 i LOT 1 MMMWT wwo I INTMOR I INTmOR i I LOT I LOT ,OT i i _ ___ I ypm `QILOBLIO;, LOT INT7OR 411@T LOT .� 1 `~' Rf49lff INMOR mmm OT LOT LOT WT WMM INTWOR ' 1 LOT LOT 1 1 SIAffT "Manufactured Housing Unit' means a dwelling unit which is either wholly or mainly manufactured at an off -site location and is assembled on site on a permanent foundation with permanent service connections. The definition does not include a mobile home, mobile accessory structure, or an automobile trailer or recreational vehicle. "Massage" or "Massage Therapy" means any method of treating the external parts of the body for remedial, hygienic, relaxation or any other similar purpose, whether by means of pressure on, friction against or stroking, kneading, tapping, pounding, vibrating, rubbing or other manner of touching external parts of the body with the hands, or with the aid of any mechanical or electrical apparatus or appliance with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, ointment or other similar preparations commonly used in • this practice and shall include herbal body wraps. For the purposes of this chapter, "massage" or "massage therapy' includes the techniques of acupressure and reflexology. TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE i 21 • "Massage Business or Establishment" means any business or establishment, including a sole proprietor or independent contractor, conducted within the City where any person engages in, conducts, carries on or permits to be engaged in, conducted or carried on, for money or any other consideration, the administration to another person of a massage, and also includes all businesses or establishments where massage therapy is provided as an ancillary service such as clubs, gyms, day spas and professional offices where such massage therapy is not otherwise exempt under this chapter. "Medical Clinic" means any building or portion thereof used to provide medical, surgical or psychiatric care to persons and which as a principal function provides such care on an outpatient basis. "Mezzanine" means an intermediate floor between the main floors of a building, and therefore may not be counted among the overall floors of a building. Often a mezzanine has a low- ceiling and projects outward in the form of a loft or balcony. "Medical Use" means any use involving the care of persons' general health by licensed practitioners. This includes hospitals, urgent care clinics, out - patient facilities, doctor and dental offices, chiropractic and podiatric facilities, and similar practices of the medical field and directly related laboratory services. "Ministerial" means a government decision involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the action, including the issuance of a permit. • "Mixed Use Development (Mixed Use Project)" is an approach to land use development that involves integrating two or more different but highly compatible types of uses on the same property as part of a unified development. Generally, a Mixed Use Development consists of commercial and residential uses integrated either vertically in the same structure or group of structures, or horizontally on the same development site where parking, open spaces, and other development features are shared. However, light industrial and commercial development may also be considered as Mixed Use. In a Mixed Use Development, both uses are considered primary uses of the land. "Mobile Housing Unit (Mobile Home)" means a trailer, transportable in one or more sections; that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974; that is over eight feet in width and forty (40) feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory-built housing. A mobile home on a permanent foundation is included under the definition of "Single - unit dwelling." "Mobile Home Park" means a type of residential development, established either as a legal subdivision of land with individual mobile home pads and common areas or as a development where pads are leased or rented, for the purpose of accommodating mobile home units on individual pads as part of a coordinated development. A mobile home park may include common areas and facilities for the use of all park residents. "Modular Home" see "Manufactured Housing Unit ". • "Motel" means one or more buildings containing guest rooms without kitchen facilities, some TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 22 or all of which have a separate entrance, leading directly from the outside of the building designed and used as rental for temporary or overnight accommodations for guests and are offered primarily to automobile tourists or transients, with garages or parking spaces conveniently located to each room or unit. "Motor Home" see "Recreational Vehicle ". "Multi- family Dwelling" see "Dwelling, Multi- family" "Museum" see "Cultural Institution ". "Nonconforming Building or Structure" means a building or structure or portion thereof which was lawful when constructed but does not conform to Zoning Ordinance requirements subsequently established. "Nonconforming Use" means the use of land /or building or structure, which was lawful when established including compliance with property development requirements but which does not conform to Zoning Code use and property development requirements subsequently established. "Nursery" see "Horticulture ". "Nursery School" see "Child Day Care Facility". "Office" • "Accessory" see "Accessory Use ". "Administrative Business Professional, Corporate" means an establishment providing direct, 'over- the - counter" services to consumers (such as, insurance agencies, real estate offices, travel agencies, utility company offices, etc.) and office -type facilities occupied by businesses providing professional services and /or engaged in the production of intellectual property. "Government" means an administrative, clerical, or public contact office of a government agency, including postal facilities, together with the incidental storage and maintenance of vehicles. "Medical and Dental" means an office or health facility providing health services including, without limitation; preventative and rehabilitation treatment, diagnostic services, testing and analysis. This use includes offices providing medical, dental, surgical, rehabilitation, podiatric, optometric, chiropractic and psychiatric services, and medical or dental laboratories incidental to these offices, but exclude inpatient services and overnight accommodation. . "Open Space" "Open Space, Common" means the total land area within a residential development that is not individually owned nor dedicated for public use, and that is designed, intended, and reserved exclusively for the shared use of all the residents of the development and their guests. Examples include barbecue and picnicking areas, play areas, swimming pools, TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 .23 • tennis courts, turf areas, and other recreational or leisure features and facilities. Common Open Space does not typically include enclosed spaces /facilities such as a community center, meeting rooms, etc. . "Open Space, Private" means a usable open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their . guests. "Open Space, Usable or Improved" means outdoor space that serves a recreational function or provides visual relief from the building mass. "Open Space, Unimproved" means any open space that has not been landscaped or otherwise provided with amenities, and is generally kept in a natural state. "Outdoor Charitable Donation Boxes" see "Donation Boxes ". "Outdoor Dining" see "Eating Establishments ". "Outdoor Storage" means the storage of any materials outside of a structure, either as an accessory or primary use. "Outdoor Use and Display" means any condition other than storage whereby activities are conducted and /or merchandise is placed and advertised for sale outside of a structure, either as an accessory or primary use. • "Outpatient Surgery Facility" means a medical facility where surgery is performed that does not require an overnight hospital stay. Patients may go home after being released following surgery and time spent in the recovery room. (Also referred to as ambulatory surgery facility) "Overhang" means a protruding structure which may provide protection for lower levels. "Pad, building" means the land area needed to support the building, landscaping and utilities of a structure. "Parapet" means a wall -like barrier at the edge of a roof, terrace, balcony, or other structure. Where extending above a roof, it may simply be the portion of an exterior wall that continues above the line of the roof surface, or it may be a continuation of a vertical feature beneath the roof such as a fire wall or party wall. "Parking, Joint Use" means the use of a single parking facility by several related uses occupying the same or adjacent parcels. For example, the use of a single parking facility by tenants of a shopping center. "Parking, Shared" means the use of a single parking facility by two distinctly different uses with distinctly different hours of operation such that the shared use of the facility can be accomplished without limiting the ability of one use to occupy the facility to the detriment of the other. For example; distinctly different uses could be a place of religious assembly which generally has weekend parking demands and an office development, which typically uses the • parking facility during the week. "Parking Space" means an unobstructed space or area other than a street or alley that is TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 24 • permanently reserved, maintained, and accessible for the parking of one motor vehicle. "Garage Parking Space" means a parking space provided within an enclosed structure, with a closing and locking door, whose primary use is the storage of vehicles. "Off- Street Parking Space" means a permanent parking space for a vehicle which is designed to City standards and not located on a dedicated street right -of -way. "On- Street Parking Space" means parking space for a vehicle which is designed to City standards and located on a dedicated street right -of -way. "Parking Structure" means a structure that is designed specifically for automobile parking and where there are a number of floors or levels on which automobiles park. "Parks and Recreation Facilities" means public parks, play lots, playgrounds, and athletic fields for noncommercial neighborhood or community use including sports courts. These may include passive outdoor recreation areas that also may be located in conservation areas and /or qualify as "open space." These do not include facilities that are privately owned or commercial facilities ( "Commercial Recreation and Entertainment'). "Parkway" is the portion of the public right -of -way between the curb and the sidewalk or, where no sidewalk is provided between the curb and adjacent private property line. A parkway generally includes landscape improvements. "Patio" means a paved unenclosed outdoor area that is used for lounging, dining, etc. • "Patio Cover" is a solid or open roof structure that covers a patio, platform, or deck area, and that is either detached from or attached to another structure. "Personal Services Business" is any business or enterprise that provides individual care to persons involving their personal health, fitness, grooming, or appearance. "Personal Services, General" Establishments that provide recurring needed services of a personal nature. Examples of these uses include: • acupuncture and acupressure • barber and beauty shops (without massage services) • clothing rental shops • day spas • dry cleaning pick up stores with limited on -site cleaning equipment • laundromats (self- service laundries) • locksmiths • nail salon shoe repair shops • tailors and seamstresses "Personal Services, Restricted" Personal services with characteristics that have the potential to adversely impact surrounding areas and which may need to be dispersed to minimize their adverse impacts. Examples of these uses include: • check cashing • fortune - telling and psychic services TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 25 • • game arcades • internet cafos • massage establishments with licensed massage technicians • palm and card readers • tanning salons • tattoo and body piercing services "Personal Storage (Mini- Storage or Self- Storage, Indoor Only)" means a structure containing separate storage space that is designed to be leased or rented individually. Indoor storage shall mean that access to all storage spaces shall be from common interior corridors, and the facility has only shared loading areas. This use does not include outdoor storage of any kind. Further, such storage does not involve any manufacturing, retail or wholesale selling, office or business services, or human habitation in any storage space or anywhere on site. "Pharmacy" means a place where prescription drugs are dispensed. "Places of Assembly" see "Assembly /Meeting Facilities, Public or Private ". "Places of Religious Assembly" means any facility specifically designed and used to accommodate the gathering of persons for the purposes of fellowship, worship, or similar conduct of religious practices and activities. Places of Religious Assembly includes limited associated accessory uses (i.e., religious school activities that are not full -time, residence for clergy, and office space, and excluding schools with regular daily sessions.) Also includes functionally related internal facilities (i.e., kitchens, multi - purpose rooms, storage, etc.), and functionally associated accessory uses (e.g. temporary aid shelters to provide humanitarian • assistance). "Planning Commission or Commission" means the Planning Commission of the City of Rosemead. "Pool and Billiard Hall" means an establishment providing access to pool tables and billiard games. "Porte - Cochere" means a canopy attached to a residence, which is open on all sides, except where attached to a residence and which extends over a driveway used for the loading and unloading of vehicles, but which cannot be used to satisfy the off- street parking requirements of this chapter. "Principal Use" see "Use ". "Postal Services" means establishments that provide commercial retail postal services directly to the customer, including letter and parcel mailing, post office box rental, and related services. "Printing and Duplicating Services" means an establishment providing printing, blueprinting, photocopying, engraving, binding, and related services. "Public Assembly, Place(s) of see "Assembly /Meeting Facilities, Public or Private ". • "Public Facility" means a site or structure owned and operated by the City of Rosemead, or other public agency, for the purpose of providing one or more services to residents of the City, TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 26 • and /or to support other City functions. "Queuing Space" means a temporary waiting area for motor vehicles or persons obtaining a service or other activity. "Radio/TV Broadcast Studios /Recording Studios, Film TV Studios" Commercial and public communications facilities including radio and television broadcasting and receiving stations and studios, with facilities contained entirely within structures. Does not include transmission and receiving apparatuses including antennas and towers. "Reasonable Accommodation Request" means a request that may include a modification or exception to the rules, standards, and practices for the site, development, and use of housing - related facilities that would eliminate regulatory barriers and would provide a person with a disability an equal opportunity to housing of their choice. "Recharging Station" means a place that supplies electricity for the recharging of electric vehicles (including plug -in hybrids). "Recreational Vehicle (RV)" means motorhome, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, with a living area less than four hundred (400) square feet, excluding built -in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, bath and toilet rooms. "Recycling Facility" means a land use type that includes a variety of facilities involved with the • collection of recyclable materials. A "certified" recycling or processing facility is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986 (Public Resources Code, Division 12.1). Recyclable material includes reusable domestic containers and other material that can be reconstituted, remanufactured, or reused in an altered form including glass, metals, paper, and plastic. Recyclable material does not include refuse or hazardous materials. This land use does not include storage containers located on a residentially, commercially, or industrially designated site that is used solely for the recycling of material generated on the site. "Collection Facility (Small)" means a facility that occupies an area of 350 square feet or less where the public may donate, redeem, or sell recyclable materials and may include: 1. A mobile unit; 2. Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet. A bulk reverse vending machine is a reverse vending machine that is larger than 50 square feet, is designed to accept more than one container at a time, and issues a cash refund or redeemable credit slip based on total weight instead of by container count. 3. Kiosk -type units that may include permanent structures. "Collection Facility (Large)" means a facility that occupies an area of more than 350 square feet and/or includes permanent structures where the public may donate, redeem, or sell recyclable materials. "Reverse Vending Machine" means an automated mechanical device which accepts at least one or more types of empty beverage containers and issues a cash refund or a • redeemable credit slip with a value not less than the container's redemption value, as determined by State law. These vending machines may accept aluminum cans, glass and TITLE 17 - ZONING ARTICLE 1 -PURPOSE AND APPLICABILITY OF ZONING CODE 127 • plastic bottles, and other containers. The vending machines typically occupy an area of less than 50 square feet. "Processing Facility" means a structure or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end - user's specifications, by such means as bailing, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Processing facilities are not allowed in the City of Rosemead. "Research and Development" means facilities for scientific research and design, development, and testing of biological, chemical, electrical, pharmaceutical, telecommunications, or other components in advance of product manufacturing. Typical uses include experimental laboratories, pharmaceutical laboratories, and testing laboratories. "Residence" means the same as "Dwelling." "Residential Care Facility" means a family home, group care facility, residential care facility for the elderly, foster home, alcohol and /or drug recovery facility, intermediate care facility or similar facility, for twenty -four (24) hour non - medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. In the event the provisions of state law are updated, this section shall be interpreted and applied in conformity with State law. "Residential Use" means the occupation of a structure that provides permanent housing for • one or more households. "Restaurant" see "Eating and Drinking Establishments ". "Retail Store" means an establishment which offers goods (such as books, gifts and clothing) to the general public. This does not include swap meet, pawn shop, or thrift sales. "School, Public and Private" see "Education Institute ". "School, Business or Trade" means a public or private school offering instruction in the technical, commercial, and /or trade skills such as real estate, business and secretarial, electronics, automotive and air craft, medical and dental, and similar commercial establishments. "Screened" means the use of a wall or growth or stand of trees, shrubs, or plants to shelter, protect, or hide an area from view. "Second Dwelling Unit" see "Dwelling Unit". "Secondary Use" see "Use ". "Secondhand Store" means a retail establishment where the majority of the merchandise for sale is secondhand or used. This includes thrift stores but does not include pawn shops or antique /collectibles shops. • "Sensitive Use" see "Use ". TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 28 • "Setback" means the distance from which a structure, parking area, or other development feature must be separated from a prescribed lot line, easement, or other structure or development feature (see Figure 17.04.050.4). 0 11 "Front Yard Setback" means the minimum distance required between a structure and the front property line (see Figure 17.04.050.4). "Primary Building Line" means that portion of the front yard area defined by the space between the front property line and the entire building frontage of the primary structure, whether or not all fagade portions of the primary structure coincide with the front setback line (see Figure 17.04.050.4). "Side Yard Setback" means the minimum distance required between a structure and a side property line (see Figure 17.04.050.4). "Rear Yard Setback" means the minimum distance required between a structure and the rear property line (see Figure 17.04.050.4). Right-of -Way r�u Figure 17.04.050.4 Setbacks ront Setback Rear Side Setback -I r _.L._._._._. j Sid. Vartl t r Front Yard � I t Residential i street t Structure r ; Rear Yard Garage i t Side Yard nmary Building Lino Side Setback LOT DEPTH I I I la IR I� i "Shopping Center" means a commercial site with two or more separate businesses managed as a total entity, sharing common access, circulation, signage and pedestrian and parking areas so that a public right -of -way does not need to be used to get from one business to another in the C -1, C -3, and CBD zones. "Single- family Dwelling" see "Dwelling, Single- family ". "Single Room Occupancy (SRO)" development is a structure with six or more guest rooms in which 30% or more of the units do not have a private bath and toilet within the unit. TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 29 • "Specialty Retail (C-4 zone)" means a retail store concentrating on selling one merchandise line of goods for a particular and usually selective clientele. Examples are stores selling DVDs, bagels, leather goods, and imported dishware. Specialty retailers have a narrow but deep selection in their specialty of items for sale. "Specific Plan" means, Under Article 8 of the Government Code (Section 65450 et seq.), a legal tool for a detailed design and implementation of a defined portion of the area covered by a General Plan. A specific plan may include all detailed regulations, conditions, programs, and /or proposed legislation which may be necessary or convenient for the systematic implementation of any General Plan element(s). "Storage" "Storage — Accessory" means the indoor storage of materials accessory and incidental to the primary use is not considered a land use separate from the primary use. "Storage — Outdoor" means the storage of various materials outside of a structure other than fencing, either as an accessory or primary use. "Storage - Personal Storage Facility" see "Personal Storage ". "Story" means that portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above it then the space between such floor and the ceiling above it. • "Street" means a public thoroughfare which affords the principal means of access to abutting property. • "Structurally Altered" means to have had an alteration of any structural element, floor, frame, wall, roof, or any other stress bearing portion of a building and excludes alterations to, or additions of, interior nonbearing partitions and interior remodeling which does not affect the structural system. "Structure" means anything constructed or erected, which requires a fixed location on the ground, or is attached to something having a fixed location on the ground but not including fences or walls used as fences, less than six feet in height. (See Figure 17.04.050.5 — Structure Types) "Accessory Structure" see "Accessory Structure ". "Attached Structure" means any structure that has a wall or roof in common with another structure. "Primary Structure" means a structure that is conducted as the primary or predominant use of the lot and /or building site. TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 30 0 Figure 17.64.050.5 Structure Types • "Studio - Art, Dance, Martial Arts, Music" means small -scale instructional facilities, typically accommodating one group of students at a time, in no more than one instructional space. Examples include: individual and group instruction and training in the arts, production rehearsal, photography and the processing of photographs produced only by users of the studio facilities, martial arts training studios, and gymnastics instruction. This also includes production studios for individual filmmakers, musicians, painters, sculptors, photographers, and other artists. These uses may also include accessory retail sales of products related to the services provided. Supermarket" means a self- service grocery and associated consumer goods store divided into departments and may also offer prepared foods and food service. This may include secondary uses within the store for visitor convenience, such as banking services, retail sales of non -food items, a pharmacy, etc. "Swimming Pool" means an artificial body of water containing or normally capable of containing water to a depth of 18 inches or more at any point which is designed, constructed and used for swimming, dipping, or immersion purposes. This includes, but is not limited to, in- ground, above - ground, and on- ground pools, hot tubs, portable and non - portable spas, and fixed in -place wading pools. "Tandem'Parking Stall" means a parking stall design where one vehicle is parked behind another. Tandem parking may not include more than two cars in depth, and are not allowed for use by occupants of separate dwellings. "Tot Lot" means a playground specifically designed for young children. • "Transitional Housing" means a project or facility that facilitates the movement of TITLE 17 - ZONING ARTICLE 1 — PURPOSE AND APPLICABILITY OF ZONING CODE 1 31 jl 11 Accessory 1 - Structure _ Primary Structure �I Street Attached Structure CO (Garage) - - X. ?tL.—.— .-- -•—•— .— .— .— .— .— .— .— .— • —• —•.. • "Studio - Art, Dance, Martial Arts, Music" means small -scale instructional facilities, typically accommodating one group of students at a time, in no more than one instructional space. Examples include: individual and group instruction and training in the arts, production rehearsal, photography and the processing of photographs produced only by users of the studio facilities, martial arts training studios, and gymnastics instruction. This also includes production studios for individual filmmakers, musicians, painters, sculptors, photographers, and other artists. These uses may also include accessory retail sales of products related to the services provided. Supermarket" means a self- service grocery and associated consumer goods store divided into departments and may also offer prepared foods and food service. This may include secondary uses within the store for visitor convenience, such as banking services, retail sales of non -food items, a pharmacy, etc. "Swimming Pool" means an artificial body of water containing or normally capable of containing water to a depth of 18 inches or more at any point which is designed, constructed and used for swimming, dipping, or immersion purposes. This includes, but is not limited to, in- ground, above - ground, and on- ground pools, hot tubs, portable and non - portable spas, and fixed in -place wading pools. "Tandem'Parking Stall" means a parking stall design where one vehicle is parked behind another. Tandem parking may not include more than two cars in depth, and are not allowed for use by occupants of separate dwellings. "Tot Lot" means a playground specifically designed for young children. • "Transitional Housing" means a project or facility that facilitates the movement of TITLE 17 - ZONING ARTICLE 1 — PURPOSE AND APPLICABILITY OF ZONING CODE 1 31 • homeless individuals and families to permanent housing within a reasonable amount of time (usually 24 months) and that immediately takes the homeless individuals out of danger and provides support services for finding permanent housing. This transitional space may take the form of communal housing, battered shelters, churches, private homes, or temporary rooms for rent. "Tutoring Services (Large)" means one-on -one educational instruction in general or specific academic subjects to children for the purpose of supplementing regular school instruction. Services are intended to be in addition to normal school teachings and shall not be provided as a replacement or substitute for public or private school. A large tutoring service establishment provides services to more than five (5) students at any given time. "Tutoring Services (Small)" means one-on -one educational instruction in general or specific academic subjects to children for the purpose of supplementing regular school instruction. Services are intended to be in addition to normal school teachings and shall not be provided as a replacement or substitute for public or private school. A small tutoring service establishment provides services to not more than five (5) students at any given time. "Urgent Care Facility" means a public or private hospital -based or free - standing facility, which includes x -ray and laboratory equipment and a life support system, licensed or legally operating as an urgent care facility, primarily providing minor emergency and episodic medical care with one or more physicians, nurses, and x -ray technicians in attendance at all times when the facility is open. • "Use" means the purpose for which land or a building is designed, arranged, or, intended, or for which either is or may be occupied or maintained. "Accessory Use" see "Accessory Use ". "Allowed Use, Permitted Use" means a use of land identified by Article 2 (Zoning Districts, Allowable Land Uses, and Zone Specific Standards) as allowed or conditionally allowed that may be established with a permit or license, subject to compliance with all applicable provisions of Article 2. "Compatible Use" means a use that by its manner of operation is suitable in the district in which it may generally be considered as a primary use or is reasonable given its proximity to residential or other known sensitive uses. Said use of land and /or buildings shall be in harmony with the uses on the property as well as abutting properties. "Conditional Use" means a use permitted on a particular lot and within a zone only upon a finding that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in the Zoning Code, and requires authorization by either the Planning Commission or City Council, and the granting of a valid permit. "Conforming Use" means a lawfully established use of property that operates in compliance with all applicable provisions of this Development Code. "Primary Use" means the principal or predominant use of any lot, building, or structure. • "Secondary Use" means any use that is specifically allowed in the zone. in which it is TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 32 located but is subordinate to the primary use in terms of occupied structure area or lot area. "Sensitive Use" means any kindergarten, elementary school, middle school, high school, public library, public park, religious institution, or youth- oriented establishment characterized by either or both of the following: (1) the establishment advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors; or (2) the individuals who regularly patronize, congregate, or assemble at the establishment are predominantly minors. "Temporary Use" means a use of land that is designed, operated, and occupies a site for a limited period of time. "Usable Open Space" see "Open Space ". "Utilities" means all lines and facilities owned and /or operated by a licensed provider and related to the provision, distribution, collection, transmission, or disposal of water, storm drainage, sanitary sewage, oil, gas, electricity, information, telecommunications, telephone cable, and similar services. This includes facilities for the generation of electricity. This does not include "Wireless Telecommunications Facilities." "Vending Machine" Any unattended self- service device that, upon insertion of a coin, coins, or token, dispenses anything of value including food, water, beverages, goods, wares, merchandise or services. This does not include newspaper racks, automatic teller machines (ATMs), or public telephones. • "Veterinary Services (Animal Hospital /Clinic)' means an establishment where household animals receive medical and surgical treatment and may be temporarily boarded (more than one night stay) in association with such medical or surgical treatment. Short-term animal boarding may be provided as an accessory use. "Wall" means a physical barrier constructed largely of masonry, brick, concrete, stucco, concrete block, or any combination thereof and intended to mark a boundary. "Warehouse Retail Store" means a store that emphasizes the packaging and sale of products in large quantities or volumes, some at discounted prices. Sites and buildings are usually large in character. Patrons may be required to pay membership fees. "Warehousing" means the storage of material goods including the performance of administrative and physical functions associated with storage of goods and materials. These functions include receipt, identification, inspection, verification, putting away, storage, retrieval for issue, etc. "Wholesaling" means the sale of commercial goods at or near production cost. "Wireless Communications Facilities (WCF)" see Article 3, Chapter 17.54. "Yard" means an open space on a lot, other than a court, unoccupied or unobstructed from the ground upward. • "Yard Area" means the horizontal area between a property line and a parallel line along TITLE 17 -ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 33 E 0 the nearest structure located outside of the required setback area. "Yard Area, Required" means the open space between a lot line and the building area within which no structure is permitted to be located. TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 34 F • ARTICLE 2 ZONING DISTRICTS, ALLOWABLE LAND USES AND ZONE - SPECIFIC STANDARDS • • Chapter 17.08 ESTABLISHMENT OF DISTRICTS AND GENERAL REQUIREMENTS Sections: Zoning District Name 17.08.010 Districts established. 17.08.020 Official zoning map. 17.08.030 Interpretation of zone boundaries. 17.08.040 Zoning of annexed property. 17.08.050 General requirements. 17.08.060 Hierarchy of zoning district restrictiveness. 17.08.010 Districts established. Rosemead shall be divided into zoning districts that implement the General Plan. These districts shall also classify, regulate, restrict and segregate the uses of land and buildings. The zoning districts described in Table 17.08.010.1 are hereby established, and shall be shown on the official Zoning Map adopted. Table 17.08.010.1 Zoning Districts Zoning Map Symbol Zoning District Name General Plan Land Use Classification Implemented by Zoning District Residential Z ning Districts R_' e_Family Residential I Low Density Residential R -2 Li ht Multiple Residential Medium Density Residential R -3 Medium Multiple Residential High Density Residential Commercial Zoning Districts P -O Professional Office Commercial C -1 Neighborhood Commercial Commercial C -3 Medium Commercial Commercial C-4 Regional Commercial High Intensity Commercial CBD Central Business District Commercial Business and Industrial Districts CI -MU Commercial /Industrial Mixed -Use Mixed -Use Industrial /Commercial M -1 Light Manufacturing and Industrial Office/Light Industrial Special Pur oso Zoning Districts P Automobile Parking Commercial P -D Planned Development All land use designations except High Intensity Commercial, Open Space and Cemetery O -S Open Space Open Space/Natural Resources Zones -Overlay D-0 I Design Overlay RC -MUDO I Residential /Commercial Mixed -Use Development Mixed -Use Residential /Commercial & Mixed -Use High Density Residential/ Commercial TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND AND ZONE SPECIFIC STANDARDS • 17.08.020 Official zoning map. The official Rosemead Zoning Map has been adopted separately by the City Council and is on file in the office of the City Clerk. The Zoning Map is made a part of this Title by reference, and all notations, references and other information shown thereon shall be as much a part of this Title as if such notations, references and information were fully set forth herein. All properties included in such zoning map are classified and zoned in accordance with the zoning designation shown on the Zoning Map. 0 17.08.030 Interpretation of zone boundaries. Where uncertainty exists as to the boundaries of any zone shown on the zoning map, the following provisions shall apply: A. Where such boundaries are indicated as approximately following street and alley lines or lot lines, such lines shall be construed to be such boundaries. B. In un- subdivided property or where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by the use of the scale appearing on the map. C. Where any public street or alley, or any portion thereof, is officially vacated or abandoned, the regulations applicable to abutting property shall apply to the centerline of such vacated or abandoned street or alley. D. Where any private right -of -way or easement of any railroad, railway, canal, channel, transportation or public utility company, or any portion thereof, is vacated or abandoned, the regulations applicable to abutting property shall apply to such vacated or abandoned property. E. All property in the City not otherwise zoned, and all property hereafter annexed and not zoned upon annexation, is classified as R -1 until such time as the City Council re- classifies the property consistent with the General Plan land use designation for the property. In case any uncertainty exists, the Community Development Director shall determine the location of boundaries pursuant to section 17.08.030. 17.08.040 Zoning of annexed property. A. Petition for pre - zoning. Upon the initiation of proceedings for the annexation of property to the City, the owner or owners may request the City to concurrently adopt the proposed zoning designation or designations for the property or properties involved in such annexation, in the event the property is annexed to the City. The City Council may also initiate proceedings for pre - zoning properties that may be annexed into the City. B. Pre - zoning optional. The proceedings for establishing the zoning of property pending proceedings for annexation of such property to the City, are optional, and are not to be construed as a condition precedent to the completion of any annexation proceeding. TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 2 AND ZONE SPECIFIC STANDARDS i • C. Adoption of zoning. Procedures for application, notice and hearings for pre - zonings shall be in accordance with Chapter 17.152, General Plan, Zoning Map and Zoning Code Amendments. The City Council shall classify property to be annexed for zoning purposes in accordance with the General Plan, and in accordance with its determination, to be effective upon the date of annexation of the property to the City. 17.08.050 General requirements. A. Conflicting regulations. Where any provision of this Title imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other requirements, law or ordinance, or by private covenants, then the provisions of this Title shall control in the event of any conflict between such specific provision or regulation and a general provision. B. Additional permitted uses. Uses of land not listed as permitted in Sections 17.12.020, 17.16.020, 17.16.030.0.3, 17.20.020, 17.24.020, and 17.28.020 shall not be permitted unless any such unlisted use is determined to be permitted by the Community Development Director in accordance with section 17.04.040. C. Regulations applicable to all zones. The general regulations provided in this section shall apply to all land and development subject to this Title. In the event of a conflict between these general regulations and the regulations provided with respect to a specific zone, the latter shall prevail. 1. Uses Permitted. No building shall be erected, and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building or premises be used, designed or intended to be used for any purpose or in any manner other than a use listed in this Title, or amendments thereto, as permitted in the respective zone in which such land, building or premises is located. 2. Building Height. Where a building height is given, this shall be the maximum building height, except as specifically authorized in Article 2, Chapter 17.12 (Residential Zoning Districts), Chapter 17.16 (Commercial Zoning Districts), Chapter 17.20 (Commercial and industrial Zoning Districts), Chapter 17.24 (Special Purpose Zoning Districts), and 17.28 (Overlay Zones). Except as hereinafter provided, no building shall be erected nor any existing building be moved, reconstructed or structurally altered to exceed in height the limit established by this Title, or amendments thereto, for the zone in which such building is located. No penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment; towers, roof signs, or other similar structures shall exceed the height limit provided in this Title, except as may otherwise be permitted. Radio and television masts, and steeples and flagpoles may extend not more than thirty (30) feet above the height limit provided in this Title, provided that in the opinion of the Building Official the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances. Ground - mounted flagpoles shall be allowed in residential zones to a maximum height of 28 feet and in nonresidential zones • to a maximum height of 35 feet. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 3 AND ZONE SPECIFIC STANDARDS • • L 3. Yards. Where a yard distance is given this shall be a minimum distance, except as here after provided: a. No building shall be erected nor shall any existing building be removed, altered, enlarged or rebuilt, nor shall any open spaces surrounding any building be encroached upon or reduced in any manner except in conformity with the yard regulations established by this Title, or amendments thereto, for the zone in which such building is located. b. No yard or other open space provided about any building for the purpose of complying with the regulations of this Title or amendments thereto, shall be considered as providing a yard or open space for any other building or structure. c. The front yard shall be measured from the front property line except that where there is an official plan line or a future street line, the front yard shall be measured from the official plan line or future street line. d. All required yards shall be established by minimum building setbacks as specified in the development standards tables for each of the zone districts. 1) Setbacks shall be the measurement between a property line or right -of -way line to the building line of any structure. 2) The building line of a structure shall be along the foundation or columns that support the structure's outside elevation. The outside wall of a cantilevered story above the first floor shall be considered the building line for the purpose of establishing the required setback. 4. Lot Area and Dimension Requirements. a) Where a minimum lot area is given this shall be the minimum lot area. However, when any lot(s) has been legally created and is subsequently zoned to a minimum parcel size larger than the existing parcel size, said lot(s) shall be found to be legally non - conforming and shall not be subject to requirements for variance to minimum lot size for the development of uses that are permitted by right. b) Lot Width. Where a lot width is given this shall be a minimum distance. However, when any lot(s) has been legally created and is subsequently zoned to a minimum lot width larger than the existing lot width, said lot(s) shall be found to be legally non- conforming and shall not be subject to requirements for variance to minimum lot width for the development of uses that are permitted by right. c) Uses that have specific lot area or dimension requirements. A nonconforming lot due to lot width or lot area may be occupied by any use permitted in the zone in which it is located except for those uses which require a width, area, or other lot dimension other than the minimum specified in the area requirements of the zone. D. Building under construction. Any building or structure for which a building permit has been issued prior to the effective date of this Title may be completed and used in accordance with the plans, specifications and permits on which the building permit was granted, as long as the construction is commenced within sixty (60) days after the issuance of the permit and diligently pursued to completion. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES i 4 AND ZONE SPECIFIC STANDARDS . E. Public street access for dwellings. Unless otherwise provided for in this Title, every dwelling shall have access to a public street or other permanent means of access to a public street by way of direct lot frontage or a public or private easement or passageway other than an alley. Through lots. On through lots, both lines separating such lot from a public street shall be designated as front lot lines. G. Utilities. The provisions of this Title shall have no application to utility facilities subject to the jurisdiction of and regulation by the State of California Public Utilities Commission. H. Street dedication and improvement. No building or structure shall be erected or enlarged, and no building permit shall be issued therefore, on any lot in any zone or in any planned development in any P -D zone of which lot is a part, other than R -1, R -2 or R -3 zone, if such lot abuts a Major arterial or Minor arterial, unless one -half of the street which is located on the same side of the street as such lot has been dedicated for the full width of the lot, subject to the following provisions: Major and Minor arterials to which these provisions apply are those shown on the Circulation Plan for Major Rosemead Roadways in the Circulation Element of the General Plan. • 2. The maximum area of land to be so dedicated shall be proportional to the impacts caused by the proposed development, and shall not exceed twenty -five (25) percent of any such lot. 0 3. Dedication and improvements shall be for the full frontage of the lot on a Major or Minor arterial, and shall meet the standards for Major and Minor Arterial streets as approved by the City Council and on file in the office of the City Engineer. 4. Any person required to dedicate and make improvements by the provisions of this section shall execute and deposit with the City Manager an instrument of conveyance executed by all parties of interest as shown by a preliminary title report prepared by a title company, and in such form as approved by the City Attorney, and with respect to improvements shall either make and complete such improvements to the satisfaction of the City Engineer or file with the City Manager a bond in such amount as the City Engineer shall estimate to be necessary to complete the improvements required. 5. Whenever any uncertainty may exist as to the application of the provisions of this section in the matter of street alignments, area of dedication, or improvement specifications, the City Engineer shall determine their application in conformity with the adopted Circulation Plan for Major Rosemead Roadways. 6. A property owner required to dedicate land under the provisions of this section may appeal any such requirement to the City Council. ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES AND ZONE SPECIFIC STANDARDS • I. Variable height. In addition to the height requirements set forth in each zone, the following development standards shall apply. When the requirements of this section conflict with sections of this Municipal Code, the most restrictive shall apply: • All commercial, industrial, nonresidential planned development zones, and residential commercial mixed -use zones shall have a variable height limitation established when abutting R -1 and R -2 zones, described as follows and shown in Figure 17.08.050.1 Commercial Rear Yard Setback Adjacent to Residential Zones and Figure 17.08.050.2 Commercial Side Yard Setback Adjacent to Residential Zones: a. P -O, C -1, C -3, C-4, CBD, CI -MU, M -1, P -D, P, and RC -MLIDO Zones Rear Yard Limitations. Establishing a height at fifteen (15) feet above the finished grade of adjacent residential property line and located twenty -five (25) feet from the rear property line, a sixty (60) degree incline plane is projected that establishes the height limitation. Figure 17.08.050.1 Variable Height Rear Yard Building Envelope VARIABLE HEIGHT REAR YARD BUILDING ENVELOPE HEIGHT LIMIT 15' ang le CMnw„W tlWttlW Yqq� RI & R2 RESIDENTIAL 25' F 60° HEIGHT TABLE MEASURED FROM 25' SETBACK HORIZONTAL HEIGHT EXAMPLE loft 32.2 R 20 R 49.64 R 30 ft 66.96 R TITLE 77— ZONING ARTICLE 2— AND ZONE SPECIFIC STANDARDS • b. P -O, C -1, C -3, C -4, CBD, CI -MU, M -1, P -D, P, and RC -MUDO Zones Side Yard Limitations. Establishing a height at fifteen (15) feet above the finished grade of adjacent residential property line and located ten (10) feet from the side property line, a sixty (60) degree incline plane is projected that establishes the height limitation. E J Figure 17.08.050.2 Variable Height Side Yard Building Envelope VARIABLE HEIGHT SIDE YARD BUILDING ENVELOPE HEIGHT LIMIT 15' 600 angle C.w I E a Nw O R1 & R2 RESIDENTIAL 10' 600 HEIGHT TABLE MEASURED FROM 10' SETBACK HORIZONTAL HEIGHT EXAMPLE loft 1122 E' 20 ft 49.6911 3o0 66.96tl — ZONING DISTRICTS, ALLOWABLE LAND USES AND ZONE SPECIFIC STANDARDS • 2. When P -O, C -1, C -3, C-4, CBD, CI -MU, M -1, P -D, P, and RC -MUDO zone street frontage is opposite R -1 or R -2 zones, the inclined plane set forth in subsection (a)(1) of this section shall be used, commencing at a height of thirty-five (35) feet and located twenty (20) feet from the front property line facing the residential zone. Figure 17.08.050.3 Variable Height Front Yard Building Envelope VARIABLE HEIGHT FRONT YARD BUILDING ENVELOPE HEIGHT LIMIT 60` angle 35' C..dc wftum a F N...e a wPO ROVT Res. Comm. MU STRF�? ygg0 R1 & R2 RESIDENTIAL 20' «n` - 600 HEIGHT TABLE MEASURED FROM 20' FRONT SETBACK HORIZONTAL HEIGHT E %RMPLE IN 5V2R 29R 69.WR 3. In all zones, accessory buildings and structures, when abutting R -1 and R -2 zones shall not exceed a height of nine (9) feet above the adjacent residential finished grade, and when abutting R -3 development, the height shall not exceed fifteen (15) feet provided a five -foot setback is maintained. J. Trash enclosures. Enclosed solid waste collection areas shall be conveniently located and shall be an integral part of the architectural development of properties with three (3) or more residential units and all properties with non - residential development. See Article 4, Chapter 17.32 (Accessory Structures) for the development standards of trash enclosures. TITLE 17— ZONING ARTICLE 2— ZONING DISTRICTS, ALLOWABLE LAND USES 18 AND ZONE SPECIFIC STANDARDS K. Security bars. Metal security bars, gates, grilles, shutters, or wire mesh shall not be used on the exterior of any door or window that is visible from any street or other public space. L. Visible Street Address. The street address of a development shall be clearly visible from the street to which the building is addressed. M. Transit measures. New multifamily developments in the R3 zone and all commercial, industrial, mixed use and overlay zones shall incorporate both local and regional transit measures into project design that promotes the use of alternative modes of transportation and /or construct, contribute or dedicate land for the provision of on -site bicycle trails linking the facility to designated bicycle commuting routes, in accordance with the trip reduction regulations in Chapter 12.32 of the Municipal Code. 17.08.060 Hierarchy of zoning district restrictiveness. The following base zone districts are listed in the order of most restrictive permitted uses to least restrictive permitted uses: P Automobile Parking Zone O -S Open Space Zone R -1 Single Family Residential R -2 R -3 Light Multiple Residential Zone Medium Multiple Residential Zone P -O Professional Office Zone C -1 Neighborhood Commercial Zone C-4 Regional Commercial Zone CBD Central Business District Zone C -3 Medium Commercial Zone CI -MU Commercial /Industrial Mixed -Use Zone M -1 Light Manufacturing and Industrial Zone P -D Planned Development Zone Overlay designations are not included in the order of restrictiveness. • - ZONING DISTRICTS, ALLOWABLE LAND USES AND ZONE SPECIFIC STANDARDS • Chapter 17.12 RESIDENTIAL ZONING DISTRICTS Sections: 17.12.010 Purpose. 17.12.020 Residential district land uses and permit requirements. 17.12.030 Residential district development standards. 17.12.010 Purpose. The purpose of the individual residential zoning districts and the manner in which they are applied are as follows: A. Single- family residential (R -1) district. The R -1 zoning district identifies areas characterized by single - family dwellings. The standards of the R -1 district are intended to protect the existing density and maintain the character of the City's single - family residential neighborhoods, consistent with the General Plan Low Density Residential land use designation. B. Light multiple residential (R -2) district. The R -2 zoning district identifies areas characterized by single - family dwellings and duplexes. The R -2 standards are intended to maintain the character of existing neighborhoods while allowing the opportunity for duplex and smaller lot single - family development that is consistent with the General Plan Medium Density Residential land • use designation. C. Medium multiple residential (R -3) district. The R -3 zoning district identifies areas characterized by higher density attached homes, apartments, and condominiums. The standards of the R -3 district are intended to ensure that new development is compatible with the character of existing neighborhoods while allowing for a mix of housing types, consistent with the General Plan High Density Residential land use designation. 17.12.020 Residential district land uses and permit requirements. Table 17.12.020.1, Uses in Residential Districts, identifies the uses of land allowed in each residential zoning district, and the land use permit required, if any, to establish each use. Where the last column in the tables (Specific Use Regulations) includes a section reference number, the regulations in the referenced section apply to the use in addition to those shown in the table. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 110 AND ZONE SPECIFIC STANDARDS 0 • r- I L Table 17.12.020.1 Uses in Residential Districts Land Use Requirements by District Specific Use Regulations R -1 I R -2 I R -3 See section 17.12.030 for district Residential Uses See section 17.12.030 for district Single - family Dwellings P P P specific requirements. See Chapter 17.42 for Manufactured Homes. Two - family Dwellings (Duplex) __ p p See section 17.12.030 for district specific requirements. Multiple- family Dwellings — — DR See sections 17.12.030 for district specific requirements. Second Dwelling Unit, Single -story P P P See Article 3, Chapter 17.30, Section 17.30.190 (Second Dwelling Units) Second Dwelling Unit, Two-story CUP CUP CUP See Article 3, Chapter 17.30, Section 17.30.190 (Second Dwelling Units) Mobile Home Parks AUP AUP AUP See Article 3, Chapter 17.46 (Mobile Home Parks and Park Conversions) Care Uses See Article 3, Chapter 17.30, Section Child Care Home, Small Family (8 or fewer) P P P 17.30.160 (Large and Small Family Child Day Care Home Facilities) See Article 3, Chapter 17.30, Section Child Care Home, Large Family (9 to 14) — AUP AUP 17.30.160 (Large and Small Family Child Day Care Home Facilities) Residential Care Facilities (6 or fewer) P P P Residential Care Facilities (7 or more) — CUP CUP Transitional Housing -- -- P Notes: P Permitted Use A Permitted Accessory Use AUP Administrative Use Permit Required CUP Conditional Use Permit Required -- Use Not Allowed TITLE 17 — ZONING AND ZONE SPECIFIC STANDARDS E • Table 17.12.020.1 Uses in Residential Districts (Continued) Land Use - .- -,.. Requirements by District - Specific 'Uie Regulations Agriculture and Animal - Related Uses See Title 6 (Animals) of the Animal Keeping A A A Municipal Code Horticulture — Private A A A ...: _. ... Other Uses See Section 17.12.030 and Article 3 Accessory Structures A A A Chapter 17.32 (Accessory Structure Educational Institution - Private CUP CUP CUP Educational Institution - Public P P P Home Occupations, including Cottage Food A A A See Title 5, Chapter 5.41 (Home Operations. Occupations) Lighted outdoor sporting field or court (tennis, CUP CUP CUP See Article 4, Section 17.68.060 basketball, etc.). Places of Religious Assembly CUP CUP CUP Public Buildings and Facilities AUP AUP AUP Public Utility Facilities P P P Telecommunication Facilities, not including CUP CUP CUP Wireless Telecommunication Facilities Temporary Uses and Special Events See Article 5, Chapter 17.124 (Temporary Use Permits and Special Events) Notes: P Permitted Use A Permitted Accessory Use AUP Administrative Use Permit Required CUP Conditional Use Permit Required -- Use Not Allowed TITLE 17 — ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE AND ZONE SPECIFIC STANDARDS . 17.12.030 Residential District Development Standards. A. General requirements. 1. New land uses and structures and alterations to existing land uses and structures in the R -1, R -2 and R -3 zones shall conform to the requirements in "Table 17.12.030.1 (Residential District Development Standards) as well as specific district standards listed below. • • Table 17.12.030.1 Residential District Development Standards — ZONING DISTRICTS, ALLOWABLE LAND USES 13 AND ZONE SPECIFIC STANDARDS 1 Requirement by Zoning District tt -r Development Feature - -R -1 R -2 R -3 ' " « Notes and ��Exceptions . Minimum Lot Area 6,000 sq. ft. 6,000 sq. ft. 10,000 sq. ft. Lot Area /Unit 6,000 sq. ft. 3,630 sq. ft. 1,450 sq. ft. . See Article 4, Minimum Lot Width 50 ft. 50 ft. 70 ft. Chapter 17.108 for Flag Lots. Minimum 1st Floor and Maximum 2nd Floor Area Requirements Single and Two- family Dwellings (Excluding Garage and Other Non - habitable Space) Floor Area 1st Floor Requirements 1,000 sq. ft. 750 sq. ft. See Section Minimum . 17.12.030.6.21 " 2nd Floor 75% of 1st 75% of 1st for Multi - Family Dwellings Maximum floor area floor area See Section Floor Area Ratio 0.35:1 0.35:1 0.35:1 17.12.030.B.1.k for FAR Bonus Program Minimum Setbacks setbacks required Main Bldg 20 ft. 20 ft. 15 ft. Front Yard Setback is Garage 25 ft. 25 ft. requlred,for front " facing garages Greater of 5 Greater of 5 15 ft. for R -3 1st Floor ft. or 10% ft. or 10% 10ft. all floors abutting R -1 or Side Yard of lot width of lot width R -2 zone Interior Lots 2nd Floor 5 ft. min. ft. 5 ft. min. 15 ft. 15 ft. for R -3 abutting R -1 or c combined combined R -2 zone — ZONING DISTRICTS, ALLOWABLE LAND USES 13 AND ZONE SPECIFIC STANDARDS 1 • • • Table 17.12.030.1 Residential District Development Standards (Continued) — ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE LAND USES 14 AND ZONE SPECIFIC STANDARDS I� ,. ._. ... ... -.. _ _ Re q uirement b y Zonin g D�stnct .... . _..._ Development Feature ir _ Notes and 'R -1 _` -. R -2 .- R -3. _. - tExceptions..r..; at 1 Floor Greater of 5 Greater of 5 ft. or 10% ft. or 10% interior side of lot width of lot width 10 ft- all floors _ 5 ft. min. 5 ft. min. god Floor 20 ft. 20 ft. See Section Side Yard interior side combined combined - VA2.030.6.2.a Comer Lots (Single - Family 1st Floor street and Two - Family side 10 ft. 10 ft. Development on 15 ft. a R -3 Lot) nit Floor 10 ft. min. 10 ft. min. all floors street 20 ft. 20 ft. side combined combined Less than 4 Lesser of 25 Lesser of 20 bedrooms and ft. or 20% of ft. or 20% of See Section 2,000 s.f. lot depth lot depth 17.030.12.8.2.a Rear Yard 15 ft (Single- Family More than 4 bedrooms and 35 ft. 35 ft. and Two - Family 2,000 s.f. Development on a R -3 Lot) 2 stories & 2 stories & 3 stones & Height 30 ft. 30 ft. 35 ft. 20 ft., Bldg. Separation 20 ft. 20 ft. 25 ft. front to (Dwellings) front Bldg. Separation 6 ft. 6 ft. 15 ft. ' (Decks /projections/pools) See Section 200 s.f. 17.12.030.B.2.e Open Space N/A N/A per unit for Multi- Family development Parking See Article 4, Chapter 17.112 (Off Street Parking and Loading) Article 4, Chapter 17.68 (Fences, Walls, and Landscape Fences & Walls Screening) — ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE LAND USES 14 AND ZONE SPECIFIC STANDARDS . 2. Applicability of conventional development standards. All development standards applicable to the zone designation of the lot shall apply without regard to whether the proposed dwelling is conventional or manufactured housing. B. District specific requirements. In addition to the general development requirements listed in Table 17.12.030.1, Residential District Development Standards, the following development standards apply to specific residential districts as shown: 1. R -1 and R -2 Zoning Districts a. Lot Coverage and Impervious Surfaces /Landscaping. A minimum of twenty percent (20%) of the entire parcel shall be fully landscaped with plant materials. Pedestrian walkways, vehicular access ways and other impervious surfaces shall not collectively occupy more than fifty (50) percent of the front and side yard areas that are visible from a public right- of -way. Addition of impervious surfaces in these areas shall require a site plan subject to approval of the Community Development Director. All other portions of these areas shall be landscaped with lawn, trees, shrubs, plants and other pkem# landscape materials in compliance with any drought tolerance requirements in effect. b. Floor area maximum and minimum. 1) Residential dwelling units in the R -1 zone shall have a minimum ground floor area, exclusive of open porches or garages, of one thousand (1,000) square feet • and residential dwelling units in the R -2 zone shall have a minimum ground floor area, exclusive of open porches or garages, of seven hundred fifty (750) square feet. 2) Total floor area of the second floor, including areas designated' as covered or uncovered balconies, shall not exceed seventy-five percent 75% of the floor area of the first floor. For this calculation, floor area of the first floor shall only include first floor living area, and any floor area designated as garage floor area if the garage is attached. c. Front Driveway. Vehicle access ways (driveways) serving front facing garages shall be set back at least three (3) feet from any side property line. The maximum width of the access way shall not exceed twenty-five (25) feet for a two -car garage or thirty-five (35) feet for a three -car garage. Walkways. Pedestrian walkways on private property shall not exceed five (5) feet in width when located in front or side yard areas. e. Merged Lots. When two (2) or more lots are merged, the allowed lot Floor Area Ratio (FAR) shall be no larger than one hundred fifty (150) percent of the FAR allowance that would occur for the largest single lot. f. Landscaping. Landscaped areas shall be permanently maintained in a neat and orderly manner and shall comply with the following: 1) Landscaping shall not be permitted to limit or restrict the line of sight on any public right - of -way. • 2) A minimum of one tree shall be planted in new or remodeled residential front yards for every fifty (50) feet of street frontage. 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE L AND ZONE SPECIFIC STANDARDS, . g. Yard Encroachments. Required yard areas shall be kept open and unobstructed, except as follows: 1) Cornices, canopies, eaves, patios, fireplaces or other similar architectural features and exterior pad mounted heating, ventilation and air conditioning equipment may extend into required front, side or rear yards or required separations between buildings not to exceed two (2) feet. 2) Open, unenclosed, uncovered porches, platforms or landing places which do not extend above the level of the first floor of the building, may extend into any front, side or rear yard not more than six (6) feet. 3) Detached accessory buildings may occupy side and rear yards as provided in Article 3, Section 17.32.030. 4) Detached garages, and patios may occupy not more than fifty (50) percent of a required rear yard. Swimming pools may occupy rear yards, but not required front or side yards, except that no swimming pool may be located less than five (5) feet from a property line. Attached accessory structures, shall comply with residential front, side, and rear yard setback requirements. 5) Storage in Yards. No portion of any side yard on the street side of a corner lot, or any portion of the rear yard on the street side of a comer lot unless it is screened with a solid block wall meeting the fence height requirements in Article 4, Chapter 17.68, or any portion of the front yard on any lot in a residential area shall be used for the permanent storage of motor vehicles, recreational, airplanes, boats, parts of any of the foregoing, rubbish, garbage, junk, tents, clotheslines, garage or trash receptacles, or building materials (except building materials used on the premises stored thereon during the time a valid permit is in effect for construction • on the premises). "Permanent storage" as used in this subsection, means the presence for a period of forty -eight (48) or more consecutive hours in the front or side yard. h. R -1 and R -2 Development Design Standards. 1) At least forty (40) percent of the street - facing wall of the second floor shall be set back a minimum of ten (10) feet from the street - facing wall of the first floor. 2) Reflective building materials are prohibited. 3) Exterior paint colors shall not exceed a light reflective value greater than forty (40) percent. 4) Mechanical elements (roof -top and ground - level) must be screened from view. 5) Residential front yard walls and fences may not exceed four (4) feet in height (including fencing, hedges, or other material). 6) Portable shade structures shall not be located in any side or front yard. 7) All garages shall match the main house in terms of color scheme, roofing material, roof pitch, gable orientation and design. 8) Hedges shall not encroach onto a curb or sidewalk or over a lot line. 9) Vehicles may not be parked on any lot except in the garage, on the driveway or parking apron or other approved hardscaped surface previously approved by the Planning Division. 10)The street address shall be clearly visible for all homes. 11)Remodels shall utilize materials, colors, architectural style and designs that match the existing structure. 12) Sidewall articulation shall be required on exterior walls that are not separated from an adjacent home by more than twenty-five (25) feet. • 13) Entry treatment shall not exceed a maximum total height of twelve (12) feet for single -story homes and fourteen (14) feet for two -story homes. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 116 AND ZONE SPECIFIC STANDARDS • 14) Bay windows shall not exceed the height of one story or encroach into a required side yard. 15) Any second floor exterior side wall that exceeds a length of twenty -four (24) feet shall require an offset of two (2) feet for a distance of not less than eight (8) feet. 16) Existing residential development proposed to remain on a lot, where new residential development is proposed, shall be renovated to match or complement the new construction in colors, materials and architectural style. All onsite conditions, such as landscaping and fencing, shall also be improved. Additional Site Plan and Design Review Requirements. In addition to general City oll Rosemead Planning Division review and approval requirements for residential projects, the following items are also subject to ministerial review and approval: 1) A site plan and design review application shall be required to install hardscape directly adjacent to a new or remodeled residential driveway. 2) A no -fee permit shall be required to install new fencing or replacement fencing in any residential front yard. 3) A site plan and design review application shall be required to install a portable shade structure in the rear yard. 4) A -site plan and design review application shall be required for any accessory building greater than one hundred twenty (120) square feet in floor area, whether the total area is in one building or cumulatively in multiple buildings, including storage structures and workshops, but not including required garages. j. Discretionary Site Plan and Design Review. The following shall be subject to a . discretionary Site Plan and Design review application, pursuant to the procedures in Chapter 17.120 (Applications and Processing) and Chapter 17.136 (Site Plan and Design Review) of this Title: 1) Any new dwelling unit to be constructed that equals or exceeds two thousand five hundred (2,500) square feet of developed living area. 2) Any addition to a dwelling unit in which the total floor area with the addition equals or exceeds two thousand five hundred (2,500) square feet of developed living area. 3) Any fill that would raise the building pad or front yard elevation by more than twenty - four (24) inches above the natural grade. • k. Residential Design Incentives. An additional five (5) percent of bonus floor area may be obtained through the use of design incentives that are listed in Table 17.12.030.2. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE AND ZONE SPECIFIC STANDARDS • Table 17.12.030.2 Residential Bonus Floor Area Design Incentives • Floor Area (FAR) Bonus Qualifying Design Elements `l Garages placed at the rear of the lot and not visible from the street 1.5% FAR BONUS Usage of windows that are recessed a minimum of 4 inches on the front elevation (per design element) Eave overhangs of 1 8-inches or more with exposed decorative rafter tails Porch design that extends a minimum of 50% of the front elevation. Landscape plan with 3 or more mature trees (defined as 24" box or larger) 1.0% FAR BONUS design Second floor fully contained within a pitched roof (per element) . Use of true divided -light windows, doors and side lights Tandem garage design Second story top plate that does not exceed 20 feet in height Both side yard setbacks that exceed the zoning minimum by more than 5 feet Second floor setback that exceeds the zoning minimum by more than 10 feet on 75% of the front elevation Second floor setback that exceeds the zoning minimum by more than 5 feet on one side 0.5% FAR BONUS (per design element) Any new single -story home (instead of two-story) Use of single -hung or double -hung windows of the front elevation Use of landscape materials instead of fencing to create separation between public and private spaces No front yard fencing or fencing lower than 4 feet in height Use of natural architectural materials (such as wood and stone) Use of drought - tolerant plant materials and automatic irrigation with moisture sensors Use of interlocking pavers, decomposed granite or other decorative handscape materials for walkways and driveways 2. R -3 Zoning District. a. Single- Family and Two - Family Development on R -3 Lots. If an R -3 lot is improved with two (2) or fewer dwelling units, such residential development shall comply with all R -2 Residential District Development Standards and R -2 District Specific Requirements outlined in Table 17.12.030.1 and Section 17.12.030.8.1, with the exception of the density requirement. One - family and two- family development on an R -3 lot shall comply with the density requirement of the R -3 zone. b. Maximum Heights. No building or structure shall exceed a height of thirty -five (35) feet or three (3) stories. Building or structure height means the vertical distance from grade, as defined in this section, to the highest point of the parapet or coping of a flat roof, or to a deck line of a mansard roof, or to the highest ridge of a pitched or hip roof. The first floor "finished floor" elevations at building entry points shall be a maximum of two (2) feet above the finished grade adjacent to the entry point. c. Landscaping. All usable open space (i.e., pedestrian walkways, separations between buildings, yard areas, and common recreation areas) shall be landscaped and provided with permanent, moisture sensing devices and automatic underground irrigations systems, developed in accordance with an approved landscape plan and maintenance plan. Landscape design shall be subject to the following: TITLE 17 —ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE LAND USES 18 AND ZONE SPECIFIC STANDARDS . 1) A landscape and irrigation plan, be submitted to the Community for a site plan and design review. • • prepared by a professional landscape architect, shall Development Department along with the application 2) Except as provided in RMC Chapter 13.08, Water Efficient Landscapes, all plants and shrubs shall be living evergreen vines, shrubs, or ground cover, mowable grass, or a combination thereof. All trees shall be living, a minimum of 50% which shall be an evergreen type. The following minimum sizes shall apply: • Trees, fifteen (15) gallons; • Shrubs, five (5) gallons; and • Ground cover and vines from pots or rooted cuttings from flats spaced twelve (12) inches on center. 3) All landscape designs must incorporate energy and water conservation measures. 4) The developer and subsequent owners shall be responsible for maintaining the landscaping as shown on the approved plan. Maintenance shall include regular irrigation, weeding, fertilizing, and pruning of dead materials. 5) Landscaping shall not be permitted to limit or restrict the line of sight on any public right -of -way. d. Driveway Requirements. Minimum driveway design standards shall be as follows: 1) Two -way drives shall be twenty -six (26) feet in unobstructed width and thirteen (13) feet six (6) inches in unobstructed vertical clearance. The vertical clearance shall not be applicable to subterranean parking. 2) Building projections such as balconies may project no more than three (3) feet into the driveway width for a minimum horizontal clearance of twenty (20) feet. 3) All driveways shall comply with County of Los Angeles Fire Department Access Standards. 4) All points of vehicular access to public rights -of -way shall be subject to approval by the City's Public Works Department. e. Usable Open Space. A minimum of two hundred (200) square feet of usable open space shall be provided for each dwelling unit. "Usable open space" means space designed for outdoor living, recreation, or landscaping, and may be located on the ground, or on an unenclosed balcony, deck or porch, including patios and deck areas of swimming pools. No areas utilized for vehicular driveways, parking, covered pedestrian access between structures or dwelling units shall constitute usable open space. f. Floor Area Requirements. Each apartment or dwelling unit shall have a minimum floor area, excluding garages, as follows: Table 17.12.030.3 R -3 Floor Area Requirements Unit Type Minimum Floor Area Studio Unit 600 square feet One Bedroom Unit 650 square feet Two Bedroom Unit 800 square feet For Each Additional Bedroom An additional 200 square feet TITLE 17 — ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE LAND USES 19 AND ZONE SPECIFIC STANDARDS 1) Storage and Utility Space. A single area having a minimum of two hundred • forty (240) cubic feet of private and secure storage space shall be provided for each dwelling unit, exclusive of closets within the living space of the dwelling unit. Such storage may be located within the garage, provided it does not interfere with automobile parking. 2) Maintenance Utility Space. Adequate storage space shall be provided in a main or accessory building for storage of maintenance equipment in projects with common recreational and landscape areas. Laundry facilities shall also be provided in a main or accessory building available and accessible to residents of all dwelling units not equipped with laundry space. 3) Trash Collection Facilities. Adequate refuse and solid waste collection containers shall be provided and be conveniently located near the dwelling units they serve. The refuse area location(s) shall provide for large refuse collection vehicle circulation and access from a public street or alley. See Chapter 17.64 (Accessory Structures) for development standards. 4) Building Length Limitations. The length of any building or wing of a building shall not exceed one hundred twenty (120) feet. Length means the distance between the opposing extremities of the building measured in a straight line. 5) Distances to Swimming Pools. There shall be a minimum distance of fifteen (15) feet measured horizontally between any swimming pool and the nearest point of any balcony, porch, second story patio, sun deck, or other architectural feature of a building or structure with windows, doors, or other openings of sufficient size to permit the passage of a person. • 6) Discretionary Site Plan and Design Approval. Before issuance of a building permit for development of an apartment or multi - family dwelling in the R -3 zone, the developer shall submit for a site plan and design review application in conformance with Article 5, Chapter 17.120 (Applications and Processing) and Chapter 17.136 (Site Plan and Design Review). - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 1 20 AND ZONE SPECIFIC STANDARDS • Chapter 17.16 COMMERCIAL ZONING DISTRICTS Sections: 17.16.010 Purpose. 17.16.020 Commercial district land uses and permit requirements. 17.16.030 Commercial district development standards. 17.16.010 Purpose. The purpose of the individual commercial zoning districts and the manner in which they are applied are as follows: A. Professional Office (P -O) District. The P -O zoning district is intended to provide for office, professional and /or administrative service uses that are consistent with the General Plan Commercial land use designation. Limited retail and service commercial uses may be allowed when designed to meet the needs of the immediate employment population. B. Neighborhood Commercial (C -1) District. The C -1 zoning district is intended to provide for small -scale business activities which generally offer retailing or service - oriented uses serving the needs of nearby residents, consistent with the General Plan Commercial land use designation. C. Medium Commercial (C -3) District. 40 emphasizing C -3 zoning district is intended to provide for small to medium scale commercial uses, emphasizing community serving retail, office and service uses, consistent with the General Plan Commercial land use designation. • D. Regional Commercial (C -4) District. The C-4 zoning district is intended to provide opportunities for well- designed sub - regional commercial centers that provide goods and services in a larger retail form with ancillary smaller retail uses supporting the sub - regional commercial uses. The Regional Commercial areas will result in a higher level of site design, including architectural character and urban design, vehicular access, parking, landscaping, and pedestrian amenities, consistent with the General Plan High Intensity Commercial designation. E. Central Business District (CBD). The CBD zoning district is applied to the area along Valley Boulevard in the civic center area. It is intended to encourage medium scale commercial uses including retail, restaurant and cultural uses consistent with the General Plan Commercial land use designation. 17.16.020 Commercial district land uses and permit requirements. Table 17.16.020.1, Uses in Commercial Districts, identifies the uses of land allowed in each commercial zoning district, and the land use permit required, if any, to establish each use. Where the last column in the tables (Specific Use Regulations) includes a section reference number, the regulations in the referenced section apply to the use in addition to those shown in the table. TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 121 AND ZONE SPECIFIC STANDARDS • • • TABLE 17.16.020.1 USES IN COMMERCIAL DISTRICTS Land Use Requirements by District - n Specific Use, -- Regulations P-0 I C -1 I C -3 C-4 CBD Retail uses such as: Alcoholic Beverage Retail Sale (off -sale) — CUP CUP See senor 1Z16o3o.C3 For 0<Tone CUP See Article 3, Chapter 17.30 Antique Store P P P Appliance Store and Repairs — P P P Automobile Sales/Rentals (no repair) -- — CUP — Auto Parts Sales, Retail (no installation) — P P P Bakeries — P P P Beauty Supply Store — P P P Bicycle and MinFbike Sales with Incidental Repair _ P P P Book or Stationary Store — P P P Clothing Store — P P P Confectionary Shop — P P P Convenience Store _ P P P See Article 3, Chapter 17.30 Department Store — — P P Drug Store — P P P Dry Goods — P P P Electronics Store — P P P Fabric Store -- P P P Florist Shop — P P P Furniture Store — — P P Gift Shop — P P P Grocery/Supermarket — — P P Notes: P Permitted Use A Permitted Accessory Use — Use not allowed CUP Conditional Use Permit required AUP Administrative Use Permit required TITLE 17 — ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE LAND USES 22 AND ZONE SPECIFIC STANDARDS • lJ TABLE 17.16.020.1 USES IN COMMERCIAL DISTRICTS (Continued) Requirements by District Specific Use Land Use Regulations P-O C-0 C3 C-4 C8D Retail uses such as: (Continued) Hardware Store — P P s" secUan 17.16.030.0.3 rnrCl ZO P Hobby Shop — P P P Home Furnishings and Decorating Accessories Store _ _ P P Home Improvement Center — — P — Horticultural Sales (nursery) with Outdoor Display _ _ CUP Jewelry Store — P P P Meat Market/Delicatessen no stau hterin _ P P P Music Store — P P P Open Air Markets held on a recurring basis (farts or craft markets, produce markets, and similar use ) — — CUP CUP Outlet Center — — P — Paint and Wallpaper Store — P P P Pawn Shop — — — — Pet Store — P P P Photography /Camera shop — P P P Retail Store — P P P Secondhand Store — — CUP — Shopping Center -- P P P Shoe Store — P P P Warehouse Retail Store — — CUP — Notes: P Permitted A Permitted Accessory Use — Use not allowed CUP Conditional Use Permit required AUP Administrative Use Permit required TITLE 17 —ZONING ARTICLE 2— ZONING DISTRICTS, ALLOWABLE AND ZONE SPECIFIC STANDARDS 0 • • TABLE 17.16.020.1 USES IN COMMERCIAL DISTRICTS (Continued) Land Use Requirements by District - Specific Use Regulations P-0 I C -1 C -3 C4 CBD Business, Financial, and Professional uses such as:- ATM A A A A See Article 3, Chapter Sea Seclbn 17.30 Financial Institutions and related services P p p 17.16.o3o.c,3 or C' u6 A Offices, Business, or Corporate P A P P Eating and Drinking Establishments Accessory Food Service (open to public) — A A A See Article 3, Chapter Bars, Lounges, Nightclubs, and Taverns 9 9 — — CUP See Sww 17.16.030.C.3 CUP 17.30 for Alcohol Sales Fast Food — — P P Outdoor Dining (up to 800 sq. ft.) — — A A See Article 3, Chapter /IX C< 1jsm 17.30 Outdoor Dining (more than 800 sq. ft.) — — AUP _ See Article 3, Chapter 17.30 Restaurant — Sit -down — P P P See Article 3, Chapter 17.30 for Alcohol Sales Take-Out Service — P P A Services Uses - General: Acupuncture and Acupressure P — P — No overnight boarding Animal Grooming 9 — _ — of animals allowed overnightowe boarding Animal Da Care Y — — CUP _ of of animals allowed Animal Hospital/Clinic (not including — _ CUP — Kennel sse �°n 17.16.030.c.3 Automobile Car Wash/Detailing — — CUP — See Article 3, Chapter 17.30 - Automobile Lube and Tune Facility — — CUP — See Article 3, Chapter W C-+ U. 17.30 Automobile Service Station (fuel, _ CUP CUP CUP See Article 3, Chapter maintenance ) 17.30 Barber and Beauty Shop — P P P Catering Service — P P P Clothing Rental Shop — — P P Dry Cleaning Pick -Up Store — P P P No equipment Notes: P Permitted Use A Permitted Accessory Use — Use not allowed CUP Conditional Use Permit required AUP Administrative Use Permit required TITLE 17— ZONING ARTICLE 2— AND ZONE SPECIFIC STANDARDS • TABLE 17.16.020.1 USES IN COMMERCIAL DISTRICTS (Continued) Land Use Requirements by District - Specific Use Regulations P-0 C -1 C -3 C4 CBD Services Uses - General: (Continued) Electronics repair shop — P P see section 17.1eo3eC.3 for CA V. P Employment agencies P P P — Landromats (Self-service Laundries) — P P P Locksmith — P P P Nail Salon — P P P Postal and Mailing Service A P P P Shoe Repair Shop — P P P Studio Art, Dance, Martial Arts, Music — — ALP AUP Tailors and Seamstresses — P P P Services Uses - Restricted: Beauty Health Spa — — AUP 1i 600.03 for CA Usas AUP Check Cashing — — CUP Fortune Telling — — AUP Hotel/Motel — — CUP CUP See Article 3, Chapter 17.30 Massage Services — — AUP — See Tile 5, Chapter 5.24, relating icense Requirements for Massage Uses tf Care Uses: Day Care Facility — CUP CUP see seabn 17.16.030.C.3 for CA mesa — Seniors Congregate Care (Housing) — — CUP _ Medical - Related and Social Services: Ambulance Service (Limited Fleet) — — AUP s« section — Emergency/Urgent Care Clinic P 17.16.030L 3 for CA Ue _ Hospital — — CUP — Notes: P Permitted Use A Permitted Accessory Use — Use not allowed CUP Conditional Use Permit required AUP Administrative Use Permit required TITLE 17 — ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE LAND USES 1 25 AND ZONE SPECIFIC STANDARDS 1 0 • TABLE 17.16.020.1 USES IN COMMERCIAL DISTRICTS (Continued) _. Land Use Requirements by District -. Specific Use -. P -O C -7 C -3 - CA CBD qq _ ..., . Medical- Related and Social Services:. Medical, Dental Clinics and Offices P P P Medical Lab A P — Medical Supplies A EP P — Outpatient Surgery/Care Facilities P P — Pharmacy A P P Transportation, Communication, and Infrastructure Uses: - Automobile Parking Facilities as principal use subterranean and structures A — CUP sea sealon 17.16030.C.3 W Cr uses CUP Utilities P P P P Recreation and Education: - Billiards, Pool Halls — — CUP See Section 171603oC.3 far C-4 uses — See Chapter 5.18 Commercial Recreation — -- CUP CUP Entertainment Accessory Use (Karaoke, Live Band Piano Singer, Dancing) — _ A A See Chapter 5.12 Game Arcade, Internet Calk or Similar Business _ _ CUP CUP See Article 3, Chapter 17.30 Health Fitness Facilities (up to 2,000 sq. ft.) — -- ALP AUP Health Fitness Facilities (more than 2,000 ft. _ — CUP CUP KTV Studios (Karaoke) — — CUP _ See Article 3, Chapter 17.30 Library — — P P Movie Theater — — CUP — Museums — — CUP — Schools, Private — -- CUP — Schools, Trade, Vocational — — CUP — Studio, Art, Dance, Martial Arts, Music (up to 2,000 s . ft. _ AUP AUP AUP Studio, Art, Dance, Martial Arts, Music more than to 2,000 . ft. _ CUP CUP CUP Notes: P Permitted Use A Permitted Accessory Use — Use not allowed CUP Conditional Use Permit required AUP Administrative Use Permit required — ZONING ARTICLE 2 —ZONING DISTRICTS, ALLOWABLE LAND AND ZONE SPECIFIC STANDARDS �J 0 TABLE 17.16.020.1 USES IN COMMERCIAL DISTRICTS (Continued) Land Use _ Requirements by District _ - Specific Use Regulations P -O C -1 C -3 Cd CBD Recreation and Education (Continued): Tutoring Services (large) CUP — CUP CUP Tutoring Services (small) P — P P Other Uses: Accessory Structures A A A A See 2 Article 3, Chapter AssembtylMeeting Facilities CUP CUP CUP s» seU Donation Box (Charitable) _ _ A ».16,030.0.3 _ See 3, Chapter for C4 uses mArticle Drive - through or Drive- up Facilities — — P P See See Article 3, Chapter Government Buildings and Facilities — — P P Outdoor Displays See Chapter 17.76 (Outdoor Sales and Garage Sales) Recycling Facilities, Reverse Vending _ AUP AUP sea seams, _ See Article 3, Chapter Machines and Small Collection Facilities 17 .16.030 C.3 uses 17.30 Single Room Occupancy (SRO) _ _ CUP CUP See Article 3, Chapter Developments 17.30 Special Events See Article 5, Chapter 124 (Temporary Use Permits and Special Events) s7 seaba Studios, Recording/Film — — CUP 1t.iwo30 3 _ uses Temporary Uses See Article 5, Chapter 124 (Temporary Use Permits and Spectral Events) Notes: P Permitted Use A Permitted Accessory Use — Use not allowed CUP Conditional Use Permit required AUP Administrative Use Permit required TITLE 17 —ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE LAND USES 1 27 AND ZONE SPECIFIC STANDARDS i • A. Performance standards. The following performance standards shall apply to all commercial uses located in the P -O, C -1, C -3, C-4, and CBD zone districts. Smoke. No use may emit from a vent, stack, chimney, or combustion process any smoke or emission, other than water vapor, that is visible to the naked eye and violates any standards established by the South Coast Air Quality Management District and the California Air Resources Board. 2. Noise. No use may violate the City's noise standards 3. Vibration. No use may generate any ground- transmitted vibration that is perceptible to the human sense of touch measured at the outside boundary of the immediate space occupied by the enterprise generating the vibration if the enterprise is one of several located on a lot, or lot line if the enterprise generating the vibration is the only enterprise located on a lot. 4. Odors. No use may generate any obnoxious or adverse odor that can be detected beyond the boundary of the lot occupied by that use. 5. Electrical disturbance or interference. No use may create any electrical disturbance that adversely affects any operations, equipment, appliances, communications devices, or other electrical devices other than those of the creator of such disturbances 6. Stormwater runoff. The construction of any new building, and all activities conducted indoors • and out of doors, shall comply with stormwater runoff regulations and National Pollution Discharge Elimination Systems (NPDES) requirements. B. Business license required. A valid business license, obtained pursuant to Title 5 of the Rosemead Municipal Code, shall be required as a condition of obtaining any permit or authority to establish a use under this Zoning Code. C. Site Plan and Design Review application required. A Site Plan and Design Review application shall be submitted in accordance with the requirements of Article 5, Chapter 17.120 (Applications and Processing) and Chapter 17.136 (Site Plan and Design Review) for any new commercial development or any addition to an existing development in the P -O, C -1, C -3, CBD as follows: a. Any proposal to construct a new building of 3,000 gross square feet or more, or the addition of 3,000 square feet, or an addition that exceeds fifty (50) percent of the existing floor area shall require a discretionary review. b. Notwithstanding the provisions of Chapter 17.28 (Overlay Zones), any proposal to construct less than 3,000 square feet of new construction shall be subject to City staff- level review coordinated by the Community Development Department. 2. See Section 17.16.030.0 for development review application requirements in the C-4 zone. TITLE 17 - ZONING ARTICLE 2 ZONING DISTRICTS, ALLOWABLE LAND USES 28 AND ZONE SPECIFIC STANDARDS 0 • 11 17.16.030 Commercial District Development Standards. A. General requirements. 2. Development Standards Table. New land uses and structures and alterations to existing land uses and structures in the P -O, C -1, C -3, CA and CBD zones shall conform to the requirements in Table 17.16.2, Commercial District Development Standards, as well as specific district standards listed below. Table 17.16.030.1 Commercial District Development Standards TITLE 17 — ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE LAND USES 29 AND ZONE SPECIFIC STANDARDS Requirement by Zoning District Development Feature - - - - - - P -O C -1 C -3 C4 CBD Minimum Lot Area 10,000 sq. ft. 5,000 sq. ft. 5,000 sq. ft. Area #1 15 ac 5,000 sq. ft. Area #2 3 ac Minimum Lot 50 ft. 50 ft. 50 ft. 100 ft. 50 ft. Width/Depth See General See General See General See General See General Floor Area Ratio (FAR) Plan Plan Plan Plan Plan Setbacks Minimum setbacks uired Front 10 ft. 0 ft. 0 ft. 20 ft. None Side None None None 0 or a 10 ft. None Side Adjoining Residential Zone 10 ft. 10 ft. 15 ft. 15 ft. 5 ft. Rear 20 ft. None None 0 or a 10 ft. None Rear Adjoining Residential Zone 20 ft. 20 ft. 15 ft. 20 ft. 10 ft. Height 50 ft. 35 ft. 75 ft. 75 ft. 50 ft. Height Adjoining See Section 17.08.0501 (Variable Height) Residential Zone Parking See Chapter 17.112 (Off Street Parking & Loading) TITLE 17 — ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE LAND USES 29 AND ZONE SPECIFIC STANDARDS • 3. Restrictions of the Division of Space. All planned division of office, retail, or other space within a building shall be shown on building plans. No further division of space for individual lease or use purposes beyond that shown on approved plans shall be permitted without the approval of the Community Development Director. Each lease space shall contain no less than 800 square feet of gross floor area. 4. Exceptions to Height Limit. Through the application of a discretionary Site Plan and Design Review application in accordance with the provisions in Article 5, Chapter 17.136, the Planning Commission may allow the numerical height requirement, indicated as maximum feet in this section, to exceed the maximum by no more than five (5) 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. 5. Encroachments. a. No part of the structure, permanent attachment or other similar architectural feature may extend into: 1) Any required front, side, or rear yard or minimum distance between buildings for more than two (2) feet. 2) The public right -of -way without approval of an encroachment permit. b. Hedges or any other shrubs or landscaping shall not encroach onto a curb or sidewalk or over a lot line. 6. 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 (2) feet of the curb but must clear the sidewalk vertically by at least eight (8) feet. c. Projections beyond the front or exterior side lot line of a comer lot shall require the review and approval of the City Engineer and the Building Official. 7. Landscape and Irrigation Plans. a. Landscape and irrigation plans for any development within a commercial zone, including the type and location of plant materials to be used, shall be submitted to the Planning Division for review and approval by the Community Development Director. b. A total of 6% of the gross lot area shall be landscaped. The landscape plan shall be designed and installed such that much of the landscaping is visible from the public street or thoroughfare. Additional site landscaping maybe required for conditionally permitted uses or developments that require the approval of a discretionary Site Plan and Design Review application. c. An automatic irrigation system installed below ground except for sprinkler heads shall be • permanently maintained in all landscaped areas. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 1 30 AND ZONE SPECIFIC STANDARDS i • d. All landscaping shall be maintained in a neat and healthy condition. e. Parking lot landscaping shall include a minimum of one (1) tree per one thousand five hundred (1,500) square feet of parking area. Trees shall be located in groupings or in regular intervals or in such a manner as to enhance the appearance of the parking lot. f. Landscaped areas shall comply with the City of Rosemead Water Efficient Landscape Ordinance. 8. Fences/Walls /Landscape Screening. Each development shall be improved with fencing, walls, and landscape screening in accordance with Article 4, Chapter 17.68. 9. Lighting. Each development shall be improved with lighting facilities in accordance with Article 4, Chapter 17.88. 10. Mechanical Equipment, Loading Zones, and Service Area Screening. 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. c. 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. d. 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. 11. Trash. Each development shall be improved with solid waste and recyclable material collection in accordance with Article 3, Chapter 17.32 (Accessory Structures). 12. Outside Storage. The following provisions apply to uses with outside storage areas: a. Outside storage (not for display purposes) is permitted on the rear area of a lot or parcel of land. On corner lots or where site coverage or topography make rear yard storage impossible or impose a severe hardship upon the owner or occupant of the parcel, storage may be permitted, subject to the approval of the Community Development Director, in a side yard or open yard adjacent to a corner. b. Any outdoor area used for storage shall be completely enclosed by a solid masonry wall and solid gate not less than six (6) feet in height. The Community Development Director may approve the substitution of a fence or decorative wall where such fence or wall • provides adequate visual clearance, is structurally adequate, and equivalent in decorative TITLE 17 -ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 31 AND ZONE SPECIFIC STANDARDS • appearance. In no event shall the height of such storage exceed the height of the wall or fence enclosing the storage area. B. District specific requirements. In addition to the general development requirements listed in Table 17.16.030.1, Commercial District Development Standards, the following development standards apply to specific commercial districts as shown: 1. P -O Zoning District a. Accessory Uses. Pharmacies, snack bars, cafeterias, copy and mail centers and other similar uses may be permitted as accessory uses where said use is less than 5 % of the total net floor area of the professional office use and is established to primarily service the businesses on the same site. b. Signs— Content and location. In addition to the requirements of Chapter 17.116 (Signs), signs in the P -O zone shall also be required to comply with the following: 1) Any exterior sign displayed shall pertain only to the name and address or use conducted within the building, shall be attached flat against a wall of the building and parallel with its horizontal dimension, and shall front on the principal street, a parking area in the rear, or, in the case of a corner building, that portion of the side street within fifty (50) feet of the principal street. In no case shall a sign project above the roofline, have moving parts, flashing lights or animated lighting. The total area of such signs shall not exceed one square foot of sign area for each two (2) linear feet of • building frontage. 2) The square footage of a sign made up of letters, words or symbols within a frame shall be determined from the outside edge of the frame itself. The square footage of a sign composed of only letters, words or symbols shall be determined from imaginary, straight lines drawn around the entire copy or grouping of such letters, words or symbols. Only those portions of the construction elements that are an integral part of the sign itself shall be considered in the allocation of square footage allowed. An obvious border designed as an integral part of the sign shall be calculated in the total square footage allowed. 2. C -1, C -3, and CBD Zoning Districts. a. Manufacturing shall not be permitted in the C -3 and CBD zones, except that manufacturing as an appurtenant function of a permitted use may be permitted, provided the manufacturing operation is of a minor, accessory and limited nature and occupies not more than twenty-five (25) percent of the floor area devoted to the permitted use. b. Furniture stores. Furniture stores in the C -3 and CBD zones shall be limited to new furniture, except that any 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) of the total retail area, whichever is less. c. Appliance /Electronic Stores and Repairs. Appliance /Electronic stores and repairs in the C -1, C -3, and CBD zones shall be limited to new appliances and electronics, except that used appliances and electronics taken in trade may be repaired and serviced, provided . such used appliance sales do not exceed twenty five percent of gross floor area or twenty ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE AND ZONE SPECIFIC STANDARDS • five (25) percent of total retail area, whichever is less, and shall be located to the rear of the main retail area. 3. C4 Zoning District. The following regulations shall apply to the C-4 Regional Commercial zone unless otherwise provided in this Title. a. The C -4 Regional Commercial designation consists of two project areas as outlined below: 1) Project Area 1. This area consists of eleven (11) parcels of land totaling approximately 15.8 acres, located on the north side of Garvey Avenue between Del Mar Avenue and San Gabriel Avenue. This area is bounded by Garvey Avenue to the south, Strathmore Avenue to the west, single - family residential land uses to the north, and Paradise Trailer Park and Apartments to the east. 2) Project Area 2. This area is located on the southeast comer of Valley Boulevard and Walnut Grove Avenue, and includes three (3) parcels totaling approximately 3.4 acres. Rubio Wash is located just south of site and a combination of commercial and single - family residential land uses are located to the east. b. Approval Procedure. A precise plan of design for a commercial development shall be submitted for Design Review and reviewed in accordance with the requirements of Chapter 17.28, Section 17.28.020, with the exception that the City Council shall approve or disapprove such project upon receiving a recommendation from the Planning Commission that the project satisfies the following criteria for the C-4 zone: 1) Establish a well - balanced and carefully planned collection of signature commercial retail anchors, general retail outlets, and casual to upscale restaurants, which take • advantage of the site's accessibility to major roadway corridors; 2) Allow for the development of site in a manner which will provide a productive use of commercial opportunities; 3) Expand commercial retail and restaurant options for local customers by providing daytime and nighttime shopping and dining opportunities in a safe and secure environment; 4) Augment the City's economic base by providing a variety of tax generating uses; 5) Create employment generating opportunities for the residents of Rosemead and surrounding communities; 6) Require consistent and rational development of the site(s) in accordance with established and functional aesthetic standards; and 7) Minimize impacts on surrounding residential neighborhoods by providing adequate mitigation measures that address project access, loading and unloading activities, parking, development scale and massing, screening, noise, lighting, and architectural design. c. Uses and Floor Area Requirements. The C -4 Regional Commercial zone provides opportunities for commercial retail and restaurant related uses. Although not limited to just the uses shown in the tables below, the following mix of land uses and building sizes identified in Table 17.16.030.2 and Table 17.16.030.3 following reflect the General Plan direction for the two Project Areas. 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 133 AND ZONE SPECIFIC STANDARDS • TABLE 17.16.030.2 LAND USE AND BUILDING FLOOR AREA REQUIREMENTS FOR PROJECT AREA 1 (as identified in the General Plan) • • Permitted Use Mix Building Floor Area Range Minimum — Maximum The primary use of the site shall have a major anchor tenant (75,000 — 140,000 square feet) and /or a hotel use. Large Retail Center with Anchor Tenants: Consumer electronics and appliances retail, department store, discount and variety store, home improvement, and 75,000 — 140,000 s.f hardware store General Retail Outlets: Home furnishing and housewares retail; music, video, book and entertainment retail; office products retail; sporting and recreational equipment retail; 15,000 — 35,000 s.f hobby and craft retail; and other specialty retail Restaurant - Related Uses: Casual dining restaurants, 5,000 — 10,000 s.f. specialty eateries, and upscale dining Hotel, when approved with a Conditional Use Permit 100 guest rooms (minimum) Ancillary Commercial Uses, include the following as well as uses of similar character as approved by the Community Development Director: Eating and drinking establishments (restaurants, fast food facilities, including drive - through services, candy and confectionaries shops, delicatessens, donut shops and coffee sales); financial institutions (banks, savings and loans, and credit unions); food and beverage sales (markets, catering services, and 1,500 — 3,000 s.f. retail bakeries); personal services and sales (beauty and barbershops, including beauty supply, florist shops, photography studios, private postal service, travel agencies, tailors, shoe repairs, video sales and /or rental); specialized retail (consumer electronics, fabric store, hobbies and crafts, apparel and accessories, books and magazines, jewelry, sporting good (sales and rental), photography, and stationery sales) TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 34 AND ZONE SPECIFIC STANDARDS I • TABLE 17.16.030.3 LAND USE AND BUILDING FLOOR AREA REQUIREMENTS FOR PROJECT AREA 2 (as identified in the General Plan) • • TITLE 17 -ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 35 AND ZONE SPECIFIC STANDARDS Building Flobr Area Range Permitted Use Mix (Minimum L Maximum) Primary use of the site shall have a minimum of one general retail outlet and /or a hotel use. General Retail Outlets: Home furnishing and housewares retail; music, video, book and entertainment retail; office products retail; sporting and recreational equipment retail; 15,000— 35,000 s.f. hobby and craft retail; and other specialty retail Restaurant - Related Uses: Casual dining restaurants, 5,000 - 10,000 s.f. specialty eateries, and upscale dining Hotel, when approved with a Conditional Use Permit 100 guest rooms (minimum) Ancillary Commercial Uses, include the following as well as uses of similar character as approved by the Community Development Director: Eating and drinking establishments (restaurants, fast food facilities, including drive- through services, candy and confectionaries shops, delicatessens, donut shops and coffee sales); financial institutions (banks, savings and loans, and credit unions); food and beverage sales (markets, catering services, and retail bakeries); personal services and sales (beauty and barbershops, 1,500— 3,000 s.f. including beauty supply, florist shops, photography studios, private postal service, travel agencies, tailors, shoe repairs, video sales and /or rental); specialized retail (consumer electronics, fabric store, hobbies and crafts, apparel and accessories, books and magazines, jewelry, sporting good (sales and rental), photography, and stationery sales) TITLE 17 -ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 35 AND ZONE SPECIFIC STANDARDS . C. Development standards. In addition to the Commercial District Land Uses and Permit Requirements in Section 17.16.020, Commercial District Development Standards and Special Conditions for Specific Land Uses in Section 17.16.030, the following additional standards shall also apply to development in the C -4 zone. 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 (7) feet and a minimum height of eight (8) 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 (3) 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 commercial 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 (4) lanes: TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES. 36 AND ZONE SPECIFIC STANDARDS • 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 2) On intersection corners, regardless of the number of lanes on each street: a) Retail, restaurant, or overnight accommodation uses within buildings facing two (2) 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 (2) entrances, a corner entrance; and b) Buildings on comer lots shall address both streets with an equal level of architectural detail. e. Undergrounding of Utilities. 1) Utility lines to a development from the building to the property line, including, but not limited to, electric, communications, street lighting and cable television shall be placed underground. 2) Utility lines within the right -of way shall be placed underground to the maximum extent practicable. The requirements of this section may be waived by the City Council 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. Minimum Development Area. 1) The minimum development area for a commercial project within Project Area 1 shall be fifteen (15) acres. 2) The minimum development area for a commercial project within Project Area 2 shall be three (3) acres. 3) Lots may be subdivided within each development site area for the purpose of creating a commercial condominium or separate commercial pads in accordance with Article 3, Chapter 17.36, RMC Title 16, and the Subdivision Map Act. 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 City Council. 3) Mature trees that are approved for removal by the City Council 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 three (3) percent of required off - street parking. 2) 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; TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 37 AND ZONE SPECIFIC STANDARDS • 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 3) At -grade parking shall not be located between any building and the street frontage. 4) Vehicular access to corner lot developments shall be from an alley or from a side street. 5) 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. 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. b. Design Differentiation between Floors. 1) 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. • c. Roofline Variation. 1) 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 (3) feet in height. 2) 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. 4. Signs. a. A uniform sign program shall be approved by the Planning Division for each commercial development. b. Permitted sign types shall be limited to wall, window, awning and monument signs. 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 based on the • following criteria: - ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE AND ZONE SPECIFIC STANDARDS • 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 (6) feet in height. 8) A maximum of two (2) monument signs per development. 9) The monument sign shall be set back a minimum of three (3) feet from the property line at a location where the building is set back a minimum of ten (10) feet. • • 5. Public Art Requirement. A freely accessible on -site public art work shall be integrated into each project in accordance with Article 4, Chapter 17.92. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 1 39 AND ZONE SPECIFIC STANDARDS • Chapter 17.20 COMMERCIAL AND INDUSTRIAL ZONING DISTRICT Sections: 17.20.010 Purpose. 17.20.020 Commercial and industrial district land uses and permit requirements. 17.20.030 Commercial and industrial district development standards. 17.20.010 Purpose. The purpose of the individual commercial zoning districts and the manner in which they are applied are as follows: A. Commercial — Industrial Mixed Use District (CI -MU). The CI -MU zoning district is intended to provide for heavy commercial and quasi - industrial uses that are consistent with the General Plan Industrial land use designation. The purpose of the CI- MU zone is to accommodate light industry, research and development, and office uses. The emphasis is on providing career - oriented and trade jobs. Commercial uses are limited to those that support the primary industrial and office uses. B. Light Manufacturing and industrial (M -1) District. The M -1 zoning district is intended to provide for manufacturing, assembly, research and development, and light industrial parks, consistent with the General Plan Industrial land .use designation. 17.20.020 Commercial District land uses and permit requirements. • Table 17.20.020.1, Uses in Commercial and Industrial Districts, identifies the uses of land allowed in each such zoning district, and the land use permit required, if any, to establish each use subject to section 17.08.050. Where the last column in the tables (Specific Use Regulations) includes a section reference number, the regulations in the referenced section apply to the use in addition to those shown in the table. r TABLE 17.20.020.1 USES IN COMMERCIAL AND INDUSTRIAL DISTRICTS Land Use Requirements by District Specific Use Regulations CI -MU M -1 Permitted Accessory Use !, CUP Conditional Use Permit required !, AUP Industry, Manufacturing, Processing, and Warehousing Uses: Chemical Product Manufacturing - P Creameries and Dairy Products Depot - P Consumer Electronics and Equipment Manufacturing - P Note: P Permitted Use A Permitted Accessory Use !, CUP Conditional Use Permit required !, AUP Administrative Use Permit required - Use not allowed TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 40 AND ZONE SPECIFIC STANDARDS • TABLE 17.20.020.1 USES IN COMMERCIAL AND INDUSTRIAL DISTRICTS • 16 Land Use Requirements by District f Specific Use Regulations CI -MU M -1 Permitted Accessory Use CUP Conditional Use Permit required AUP - Industry, Manufacturing, Processing, and Warehousing Uses (Continued) Fabric Products Manufacturing — P Food and Beverage Packing/Canning/Processing — P Furniture Manufacturing — P Glass, Metal and Plastics Products Manufacturing — P Lumber and Wood Products Manufacturing — P Metal Products Fabrication and Welding Shops — P Paper Products Manufacturing — P Personal Self Storage (Mini- Storage), Indoor Only — CUP Research and Development P P Stone, Clay and Pottery Product Manufacturing — P Cabinet or Carpenter Shops — P Carpet, Window Covering, and Upholstery Cleaning — P Contractors Storage Yards — AUP Handicraft Industry — P Garment Manufacturing, Processing, or Assembling, including Sewing and Cutting Operations — CUP Laboratories A P Laundries and Dry Cleaning Plants CUP P Warehousing, Wholesaling, and Distribution Facilities P P Warehousing, Wholesaling, and Distribution Facilities of Alco holic Bevera es CUP CUP t=ptRr1 3' .ao Note: P Permitted Use A Permitted Accessory Use CUP Conditional Use Permit required AUP Administrative Use Permit required Use not allowed TABLE 17.20.020.1 TITLE 17 —ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE LAND USES ; 41 AND ZONE SPECIFIC STANDARDS • • • USES IN COMMERCIAL AND INDUSTRIAL DISTRICTS Requirements by District" `Land Use +� Specific Use CI -MU M -1 Regulations Retail Trade Uses: Auto Parts Stores, including Installation Services AUP — Automobile Sales/Rentals, New or Used CUP — Building Materials Storage and Services CUP P Equipment Rental CUP CUP Home Improvement Stores P — Horticultural Sales (Nursery) with Outdoor Display CUP CUP Outlet Center P — Retail Sales A A �Sed10n 17.20.030 Spas, Hot tubs, Barbeque Sales P — Statuary, Fountains and Landscape Sales P — Business, Financial, Professional, and Medical Uses: Offices — Business, Medical, Government, and Professional P P Emergency /Urgent Care Clinic P — Ambulance Services (Limited fleet) AUP AUP Eating and Drinking Establishments: Accessory Food Service (Open to Public) P AUP Catering Service P — Service Uses: Animal Boarding /Kennels — CUP Animal Grooming — AUP No ovemight yoamir�g Animal Hospital/Clinic (not including Kennel) CUP — Note: P Permitted Use — Use not allowed A Permitted Accessory Use CUP Conditional Use Permit required AUP Administrative Use Permit required TABLE 17.20.020.1 TITLE 17— ZONING ARTICLE 2— ZONING DISTRICTS, ALLOWABLE LAND USES 42 AND ZONE SPECIFIC STANDARDS • E • USES IN COMMERCIAL AND INDUSTRIAL DISTRICTS Requirements by District i, Specific Use Land Use CI -MU M -1 " Regulations Service Uses: (Continued) Auto Repair and Body Shops CUP CUP See Article 3, Chapter 17.30 Automobile Car Wash/Detailing g UP CUP �Arh�3. Chapter 17.30 Automobile Lube and Tune Facility CUP CUP See Article 3, Chapter 17.30 Automobile Service Stations (Vehicle Fueling, CUP CUP See Article 3, Accessories ) Chapter 17.30 Automobile Storage — Primary Use — — Vehicle Towing with Storage — AUP Funeral Homes and Mortuaries CUP CUP Maintenance and Repair Services (other than vehicle) P P Printing and Duplicating Services, Postal Services P P Transportation, Communications, and Infrastructure Uses: Automobile Parking Facilities as principal use CUP CUP (subterranean and structures Heliports and Helistops A/CUP A/CUP Telecommunications facilities (not including Wireless P P Telecommunication facilities Utilities P P Wireless Telecommunication Facilities — CUP See Article 3, Chapter 17.54 Note: P Permitted Use A Permitted Accessory Use CUP Conditional Use Permit required AUP Administrative Use Permit required Use not allowed — ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE LAND USES 43 AND ZONE SPECIFIC STANDARDS E E 11 TABLE 17.20.020.1 USES IN COMMERCIAL AND INDUSTRIAL DISTRICTS Requirements by District a Land Use Specific Use CI -MU M -1 Regulations Special Needs Uses, limited to only the following: Emergency Shelters 9 Y _ P see article 3, Chapter 17.30 Mortuaries /Funeral Homes — CUP AUP Places of Religious Assembly CUP — anc Single Room Occupancy g P Y — CUP See Article 3, Chapter 17.30 Other Uses: Accessory tructures rY P P See Article 3, Chapter 17.32 Adult Businesses _ P See Article 3, Chapter 17.30 Body Art Establishment — P See Article 30 Day Care Facility CUP CUP Recycling Facilities — Collection (SmalD AUP AUP See ArbUe 3, Chapter 17.30 Recycling Facility Collection (Large) CY 9 ttY — 9 ) CUP CUP see Article 3, Chapter 17.30 Recycling facilities — Processing _ _ SSeeeAmcle 3, Ater 17.30 Special Events See Artie 5, Chapter 124 (remporary Use Permits and Special Events) Temporary Use Permits See Article n, Chapter 124 (Temporary Use Pertness and Note: P Permitted Use A Permitted Accessory Use CUP Conditional Use Permit required AUP Administrative Use Permit required Use not allowed TITLE 17 — ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE LAND USES 44 AND ZONE SPECIFIC STANDARDS • A. Performance standards. The following performance standards shall apply to all uses located in CI -MU and M -1 zone districts. Smoke. No use may emit from a vent, stack, chimney, or combustion process any smoke or emission, other than water vapor, that is visible to the naked eye and violates any standards established by the South Coast Air Quality Management District and the California Air Resources Board. 2. Noise. No use may violate the City's noise standards 3. Vibration. No use may generate any ground- transmitted vibration that is perceptible to the human sense of touch measured at the outside boundary of the immediate space occupied by the enterprise generating the vibration if the enterprise is onto of several located on a lot, or the lot line if the enterprise generating the vibration is the only enterprise located on a lot. 4. Odors. No use may generate any obnoxious or adverse odor that can be detected beyond the boundary of the lot occupied by that use. 5. Electrical disturbance or interference. No use may create any electrical disturbance that adversely affects any operations, equipment, appliances, communications devices, or other electrical devices other than those of the creator of such disturbances 6. Stormwater runoff. The construction of any new building, and all activities conducted indoors • and out of doors, shall comply with stormwater runoff regulations and National Pollution Discharge Elimination Systems (NPDES) requirements. • B. Health Risk Assessment. The City may require a health risk assessment for any use involving hazardous materials. C. Business license required. A valid business license, obtained pursuant to Title 5 of the Rosemead Municipal Code, shall be required as a condition of obtaining any permit or authority to establish a use under this Title. D. Site Plan and Design Review required. A Site Plan and Design Review application shall be submitted in accordance with the requirements of Article 5, Chapter 17.120 (Applications and Processing) and Chapter 17.136 (Site Plan and Design Review) for any new development or any addition to an existing development in the CI -MU or M -1 as follows: a. Any proposal to construct a new building of 3,000 gross square feet or more, or the addition of 3,000 square feet, or an addition that exceeds fifty (50) percent of the existing floor area shall require a discretionary review. b. Notwithstanding the provisions of Chapter 17.28 (Overlay Zones), any proposal to construct less than 3,000 square feet of new construction shall be subject to City staff - level review coordinated by the Community Development Department. AKTIGLt Z - LUNINU U151 Kit; 15, ALLUW AGLt AND ZONE SPECIFIC STANDARDS • 17.20.030 Commercial and industrial district development standards. A. General requirements. E • 3. Development standards table. Newland uses and structures and alterations to existing land uses and structures in the CI -MU and M -1 zones shall conform to the requirements in Table 17.20.030.1, Commercial and Industrial District Development Standards, as well as specific district standards listed below. TABLE 17.20.030.1 COMMERCIAL AND INDUSTRIAL DISTRICT DEVELOPMENT STANDARDS — ZONING DISTRICTS, ALLOWABLE LAND USES 146 AND ZONE SPECIFIC STANDARDS Requirement by Zoning District Development CI -MU M -1 Feature Minimum Lot Area 20,000 sq. ft. 1 acre Minimum Lot 150 150 Width /Depth Maximum Floor Area See General Plan See General Plan Setbacks Street Frontage 10 ft. 10 ft. Front Adjoining 15 ft. 15 ft. Residential Zone Side None None Side Adjoining When side abuts side or rear of residential R zone, school or park a setback equal to side yard setback of residential R zone shall be required for building line of main Residential Zone structure. Setback area may be used to comply with parking requirements. Rear None None When rear abuts side or rear of residential R zone, school or park a setback equal to Rear Adjoining side yard setback of residential R zone shall be required for building line of main Residential Zone structure. Setback area may be used to comply with parking requirements. Height 50 ft. 75 ft. Height Adjoining Variable height limit per section Variable height limit per section Residential Zone 17.08.0501 17.08.0501 Parking Per Chapter 17.112 (Oft Street Parking and Loading) — ZONING DISTRICTS, ALLOWABLE LAND USES 146 AND ZONE SPECIFIC STANDARDS • 4. Encroachments. a. No part of the structure, permanent attachment or other similar architectural feature may extend into: 1) Any required front, side or rear yard or minimum distance between buildings for more . than two (2) feet. 2) The public right -of -way without approval of an encroachment permit. b. Hedges or any other shrubs or landscaping shall not encroach onto a curb or sidewalk or over a lot line. 5. 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 (2) feet of the curb but must clear the sidewalk vertically by at least eight (8) 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. 6. Landscape and Irrigation Plans. a. Landscape and irrigation plans for any development within a commercial zone, including • the type and location of plant materials to be used, shall be submitted to the Planning Division for review and approval by the Community Development Director or his designee. b. A total of 3% of the gross lot area shall be landscaped. The landscape plan shall be designed and installed such that much of the landscaping is visible from the public street or thoroughfare. Additional site landscaping maybe required for conditionally permitted uses or developments that require the approval of a Design Review or precise plan of design. c. An automatic irrigation system installed below ground except for sprinkler heads shall be permanently maintained in all landscaped areas. d. All landscaping shall be maintained in a neat and healthy condition. e. Landscaped areas shall comply with the City of Rosemead Water Efficient Landscape Ordinance. Fences/Walls /Landscape Screening. Each development shall be improved with fencing walls, and landscape screening in accordance with Chapter 17.68. 8. Lighting. Each development shall be improved with lighting facilities in accordance with Chapter 17.88. • 9. Mechanical Equipment, Loading Zones, and Service Area Screening. TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE I AND ZONE SPECIFIC STANDARDS • 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. c. Rooftops should be designed in a way that acknowledges their visibility from other buildings and the street. Equipment shall be screened on all four (4) 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. d. 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. 10. Trash. Each development shall be improved with solid waste and recyclable material collection in accordance with Chapter 17.32 (Accessory Structures). 11. Outside Storage. The following provisions apply to uses with outside storage areas: a. Outside storage (not for display purposes) of equipment or materials is permitted on the rear area of a lot or parcel of land. On corner lots or where site coverage or topography • make rear yard storage impossible or impose a severe hardship upon the owner or occupant of the parcel, storage may be permitted, subject to the approval of the Community Development Director, in a side yard or open yard adjacent to a comer. b. Any outdoor area used for storage if visible from public right -of -way shall be completely enclosed by a solid masonry wall and solid gate not less than six (6) feet in height. The Community Development Director may approve the substitution of a fence or decorative wall where such fence or wall provides adequate visual clearance, is structurally adequate, and equivalent in decorative appearance. In no event shall the height of such storage exceed the height of the wall or fence enclosing the storage area. B. District Specific Requirements. In addition to the general development requirements listed in Table 17.20.030.1, Business and Industrial District Development Standards, the following development standards apply to specific commercial districts as shown: 1. CI -MU Zoning District. a. Merchandise. All display of merchandise for sale on the premises shall be wholly within an enclosed building, except as provided in section 17.20.030.B.1,.b below. b. All display of merchandise for sale on the premises shall be wholly within an enclosed building except for the following: 1) Parking Lots • 2) Automobile Sale Areas 3) Service Station Fuel Dispensing Activities TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 48 AND ZONE SPECIFIC STANDARDS • 4) Plant Nurseries 5) Garden and bulky hardware supplies associated with a home improvement or similar retail business, provided that all such outdoor use shall be fully screened and secured by walls or fencing materials (See Chapter 17.76 Outdoor Sales and Garage Sales). 6) Temporary sales or special events permits with the approval of a Temporary Use Permit pursuant to Chapter 17.124 (Temporary Use Permits and Special Events) 2. M -1 Zoning District. a. Retail uses. Permitted retail sales within the M -1 Zoning District shall be subject to the following requirements: 1) Vehicular access to the property shall be from an arterial street. 2) All customer parking and pedestrian circulation serving the retail shall be separate from any non - retail uses on the same site. 3) The retail use shall comply with all standards for parking, landscaping, circulation and access. 4) No restrictions shall apply to retail sales in which the premises are "point of sale" only, with limited customer traffic and the merchandise is shipped or delivered from elsewhere. b. Manufacturing, assembly and heavy commercial processing uses shall be subject to the following requirements: 1) Maintain loading and outdoor operations a minimum of fifty (50) feet from any school, park or residentially zoned property. • 2) Provide a buffer adjacent to a school, park or residential zoned property sufficient to confine light, glare, odor and noise to the property on which the industrial use is established. 3) Uses adjacent to a school, park or residentially zoned property shall limit outdoor operations to the hours of 7:00 am to 10:00 pm. 11 TITLE 17 - AND ZONE SPECIFIC STANDARDS • Chapter 17.24 SPECIAL PURPOSE ZONING DISTRICTS Sections: 17.24.010 Purpose. 17.24.020 Special purpose district land uses and permit requirements. 17.24.030 Special purpose district development standards. 17.24.040 P -D District reclassification and plan adoption. 17.24.010 Purpose. The purpose of the individual special purpose zoning districts and the manner in which they are applied are as follows: A. Open Space (OS) District The O -S zoning district is intended to provide for urban relief, recreation and environmental preservation. This zoning district is applied to parks, streams, urban forestry areas and other similar features to enhance the quality of the environment consistent with the General Plan. B. Automobile Parking (P) District. The P zoning district is intended to provide for specialized facilities that serve a critical but single purpose need for automobile parking. This zone may be applied to public parking lots and structures, shared parking facilities by multiple businesses or residential projects and other similar parking needs. • C. Planned Development (P -D) District. The P -D district is intended to provide for residential, commercial, industrial, or institutional developments that are characterized by innovative use and design concepts. This zone provides for a new development to offer amenities, quality, design excellence and other similar benefits to the community and not be inhibited by strict numerical development standards. The P -D zone may not be used to develop residential projects that exceed the density allowed under the General Plan and density bonus provided in Chapter 17.84. • 17.24.020 Special Purpose District Land Uses and Permit Requirements. Table 17.24.020.1, Uses in Special Purpose Districts, identifies the uses of land allowed in the Open Space (O -S) district and the Automobile Parking (P) zoning district, and the land use permit required, if any, to establish each use subject to Section 17.08.050. Where the last column in the tables (Specific Use Regulations) includes a section reference number, the regulations in the referenced section apply to the use in addition to those shown in the table. The Planned Development (P -D) zone district requirements are outlined in Sections 17.24.030 and 17.24.040. - ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 50 AND ZONE SPECIFIC STANDARDS E • • Table 17.24.020.1 USES IN SPECIAL PURPOSE DISTRICTS Land Use Requirements by District Specific Use Regulations OS P Agricultural and Horticultural Uses P - - Propagation, Growing and Storage of Nursery Stock P - Christmas Tree Farms, and Turf Farms P - Hiking Trails, Public P A Parks and Recreation Facilities, Public P - Parks and Recreation Facilities, Private CUP - Landscaping P A Open Space, Public P P Open Air, Temporary Parking of Transient Automobiles - P Public Parking, including Parking Lots and Structures P P Private Parking Facilities for Shared Use CUP Government Buildings and Facilities A - Wireless Telecommunication Facilities CUP - See Amide 3, Chapter 17.54 Utilities P P Note: P Permitted Use A Permitted Accessory Use CUP Conditional Use Permit required AMP Administrative Use Permit required - Use not allowed TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 51 AND ZONE SPECIFIC STANDARDS • 17.24.030 Special Purpose District development standards. A. Development standards table. New land uses and structures and alterations to existing land uses and structures in the O- S, P, and P -D zones shall conform to the requirements in Table 17.24.030.2, Special Purpose District Development Standards, as well as specific district standards listed below. • • TABLE 17.24.030.1 SPECIAL PURPOSE DISTRICT DEVELOPMENT STANDARDS TITLE 17 —ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE LAND USES i 52 AND ZONE SPECIFIC STANDARDS Requirement by Zoning District Development Feature O -S P P -D Minimum Lot Area None 20,000 sq. ft. 1 ac. Minimum Lot Width /Depth None 50 ft. None Maximum Floor Area See General Plan See General Plan See General Plan Setbacks 10 ft 10 ft. None Front Front (Adjoining Residential Zone) 15 ft. 15 ft. 20 ft. Side 10 ft. 10 R None When side abuts side or rear of residential Rzone, school or park a setback equal to side yard setback of residential R zone shall be Side (Adjoining Residential required for building line of main structure. Setback area may be used Zone) to comply w/ parking requirements. Rear 1Oft. 10 ft. 10 ft. When rear abuts side or rear of residential R zone, school or park a Rear (Adjoining Residential setback equal to side yard setback of residential R zone shall be Zone) required for building line of main structure. Setback area may be used to comply w/ parking requirements. Height 20 ft. None None Height (Adjoining Residential Zone) Variable Height Limit Requirement per Section 17.08.050.1 Parking In accordance with Chapter 17.112 (Off-Street Loading and Parking) TITLE 17 —ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE LAND USES i 52 AND ZONE SPECIFIC STANDARDS • B. District Specific Requirements. In addition to the general development requirements listed in Table 17.24.030.2, Special Purpose District Development Standards, the following development standards apply to specific commercial districts as shown: 1. O -S District requirements. a. Development review. Projects proposed within the Open Space (O -S) District shall be subject to applicable review procedures as set forth in Article 5 Land Use and Development Application Procedures of this Title. b. Supplementary district and temporary use regulations. For sign, parking, fence, swimming pool, and similar regulations for the Open Space (O -S), see Article 4 Supplemental Standards of this Title. C. District Improvements. All such parking areas shall be improved and maintained in accordance with the provisions of Chapter 17.112 (Off- Street Parking and Loading). D. P -D District requirements. 1. This zone is designated to . accommodate various types of development such as shopping centers, professional and administrative areas, multiple housing developments, single - family residential developments, commercial service centers and • industrial parks and other uses or a combination of uses which can be made appropriately a part of planned development. • 2. A Planned Development zone may be established to provide diversification in the location of structures and other land uses while insuring compliance with the General Plan and compatibility with existing and future developments in surrounding areas. 3. Development within the P -D zone shall be subject to the provisions of Section 17.24.040 of this Chapter. 17.24.040 P -D District reclassification and plan adoption. A. Permitted uses. Commercial, residential, industrial, and institutional uses may be permitted in the P -D zone subject to regulations set forth in this Chapter and subject to the approval of the Planning Commission and City Council. B. Creation of planned development zone - reclassification. Planned development zones shall be created in the same manner as property is reclassified from one zone to another as set forth in Chapter 17.152. 2. An application for change of zone to a P -D zone shall include and be accompanied by a precise development plan, which if approved by the Planning Commission and City Council, shall become a part of the Zoning Map of the City. TITLE 17 -ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 1 53 AND ZONE SPECIFIC STANDARDS • 3. The Planning Commission may recommend to the City Council approval or disapproval of the P -D zone and precise development plan as submitted, or modification, alteration, adjustment, amendment or conditional approval of the development plan. The decision of the Planning Commission shall include a finding as to whether the proposed development is consistent with the General Plan. C. Approval of development plan. The Planned Development Review application shall set forth the name and address of the property owner and the description of the property. In addition, application shall be accompanied by a precise development plan which shall include the following details: 1. Location of each existing and location and dimensions of each proposed structure in the site, the use or uses to be contained therein, the number of stories, gross building and floor area, location of entrances and loading points thereof. 2. Location of proposed parks, playgrounds, school sites, public buildings and other such uses within the zone. 3. All streets, points of access, curb cuts, garage door locations, driving lanes, parking areas, and in commercial developments, the ratio of off - street parking to building floor area, loading area, public transportation points, and illumination facilities for same. 4. All pedestrian walks, malls and open areas for the use of occupants and members of the public. • 5. Location, height and material of all walls and fences. Location and height of all screen planting in front, side and rear yards. 6. Types of surfacing, such as paving, turf or gravel, to be used at the various locations 7. Landscaping and tree planting plan including type and location of plant materials to be used and an irrigation plan, in accordance with the City's Water Efficient Landscape Ordinance. 8. Plans and elevations of structures indicating architectural, building materials and construction standards. 9. The gross land area of the site and of the footprints of the structures, and land use of the area within three hundred (300) feet of the perimeter of the site, including the location of structures and other improvements. 10. Such other information as may be required by the Community Development Department to assist in the consideration of the development plan. 11. A map or grading plan showing the proposed grading and topography of the site. 12. Such application shall be processed and heard in accordance with the provisions of Article 5, Chapter 17.120 (Applications and Processing). The Planning Commission • and City Council may impose reasonable conditions to the approval of the development plan. TITLE 17 -ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 54 AND ZONE SPECIFIC STANDARDS P D. Conditions of approval of planned development. 1. An applicant may be required to dedicate land for street or other purposes authorized by law, to restrict areas for open space, for beautification or for off - street parking and to comply with such other conditions as may be imposed to achieve harmony. with the General Plan and compatibility with surrounding land uses. The development as authorized shall be subject to all conditions so imposed. 2. Such conditions may be modified where circumstances warrant after a hearing by the Planning Commission. 3. In addition to the above requirements, all residential planned development (P -D) projects shall include in the required covenants, conditions and restrictions (CCBRs) or other similar recorded instrument the following statement. This statement is intended to notify all prospective property owners of certain limitations on construction to residential dwellings contained in planned development projects. a. "All residential dwellings within this project were designed and approved under a precise plan, planned development (P -D) concept. As a result, some of the project lots and yard areas are smaller than would ordinarily be allowed under the development standards contained in the Rosemead Zoning Code. • b. "Purchasers of project dwellings are hereby notified that they should not assume that they will be able to gain City of Rosemead approval for any further building on any smaller- than - standard lot. Applications for room additions, patio enclosures, etc., will be reviewed on a case -by -case basis. Further information is available from the City of Rosemead Planning Department during regular business hours." E. Modification of the development plan. Changes in the use shown in the development plan shall be considered in like manner as changes in the zoning map and shall be made in accordance with the procedures set forth in this Title, except such changes may be accomplished by a resolution rather than by ordinance. F. Area. A P -D zone shall include a parcel of land containing not less than one (1) acre (forty- three thousand five hundred sixty (43,560) square feet). A P -D zone may be considered on a parcel of land less than one acre in area only where such property has a common boundary with property which has previously been developed under an approved plan pursuant to this Chapter and the plan shall indicate that the proposed development will constitute an orderly extension in arrangement of buildings, facilities and open space throughout the combined parcels of land in addition to all other requirements for approval. 2. The proposed density of a residential planned development shall be consistent with the • land use element of the General Plan. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 55 AND ZONE SPECIFIC STANDARDS 0 G. Phasing, If development is to be accomplished in stages the development plan shall coordinate improvement of the open space, the construction of buildings, structures and improvements in such open space, and the construction of dwelling units, in order that each development stage achieves a proportionate share of the total open space environmental quality of the total planned development. H. Non - residential planned developments. Additional conditions containing reasonable regulations regarding traffic flow, access driveways, off - street parking, signs, walls, fences, paved areas, planting areas and other open areas may be required by the Planning Commission to assure a reasonable and compatible development in harmony with, and not detrimental to, the surrounding area. I. Signs permitted in the P -D zone. Other than as specifically set forth in this section, Chapter 17.116 (Signs) shall apply to the P -D zone. Building Directory Signs. One (1) exterior sign at each building entrance, such sign not to exceed ten (10) square feet in area, and such sign to be a limited directory type indicating only the name of the business and the use conducted by tenants. 2. Exterior Wall Signs. Exterior wall signs may occupy not more than twenty (20) percent of any front, side or rear wall of a main building or structure, such signs to pertain only • to a use conducted, service provided, goods produced or sold on the premises, or the name of the owner or tenants of the building. E 3. Free Standing Signs. One (1) free standing sign for each commercial business, provided that the total area of any one (1) sign shall not exceed one hundred (100) square feet. a. Total height of any free standing sign not to exceed thirty -five (35) feet. b. Such signs shall pertain only to a use conducted, service provided, goods produced or sold on the premises, or the name of the owner or tenants of the building. c. Permitted free standing signs shall not project into any public right -of -way. J. Parking. Parking requirements shall be as provided in Chapter 17.112 (Off- Street Parking and Loading). K. Building permits— Issuance. 1. No building permit shall be issued until the precise development plan is approved by the Planning Commission and the City Council. 2. Building permits shall be issued for plans substantially in accordance with the approved development plan. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES i 56 AND ZONE SPECIFIC STANDARDS L. Development schedule. 1. An application for approval of a development plan in the P -D zone shall be accompanied by a development schedule indicating the approximate date on which construction of the project can be expected to begin, the anticipated rate of development and completion date. 2. Such development schedule, if approved by the Planning Commission and City Council, shall become a part of the development plan and shall be adhered to by the owner of the site and any successor in interest. M. Development plan— Expiration. 1. Upon the abandonment of a project authorized by approval of a development plan, or upon the failure to implement the development plan within the time specified, or if no time is so specified, within one (1) year after approval of the development plan, the development plan shall be null and void. 2. Unless a longer period of time has otherwise been set forth in development plan • conditions of approval, the plan shall not be deemed "exercised" until at least one (1) of the following has first occurred: a. A grading permit has been issued and grading has been substantially completed; • b. A building permit has been issued and construction has commenced, and the building permit remains to be valid by or through the making of satisfactory progress as determined by the Building Official; c. A Building Certificate of Occupancy has been issued; d. The use is established; or e. A time extension has been granted in compliance with subsection five (5) of this section. 3. If a project is to be developed in preapproved phases, the development plan for the property shall include conditions related to the phasing of development. 4. If the project also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the development plan shall be exercised before the expiration of the tentative map, or the development plan shall expire and become void and of no further effect. TITLE 17 -ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 1 57 AND ZONE SPECIFIC STANDARDS • 5. Upon good cause shown by the applicant, the Planning Commission may extend the time limitation imposed by this Chapter once, for a period of not to exceed one (1) year, without a public hearing. • • 6. Once a development plan has become void by failure to implement, or if no application for approval of a development plan has been filed within two (2) years after classification of a property as P -D, it is the general policy of the Planning Commission to initiate amendment proceedings under this Title to rezone the project area to whatever zone it had prior to the P -D zone approval. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES ! 58 AND ZONE SPECIFIC STANDARDS • Chapter 17.28 OVERLAY ZONES Sections: 17.28.010 Purpose. 17.28.020 Design Overlay (D -O) Zone. 17.28.030 Residential /Commercial Mixed -Use Development Overlay (RC -MUDO) Zone. 17.28.010 Purpose. The purpose of the individual overlay zones and the manner in which they are applied are as follows: A. Overlay zone districts. An overlay zone is a zoning district that applies special requirements to a portion of other zoning districts. The City of Rosemead has designated certain areas within the city to be subject to overlay zones in order to supplement the base zones in these areas with special purpose regulations. Each overlay zone specifies the uses and developments that are subject to such special requirements. Uses and developments not specified are subject only to the requirements of the base zone district. B. Design Overlay (D-O) Zone. • The purpose of the design overlay zone is to promote orderly development so that buildings, structures, signs and landscaping will be harmonious within a specified area; to prevent the development of structures or uses which are not of acceptable exterior design or appearance or are of inferior quality or likely to have a depreciating or negative effect on the local environment or surrounding area by reasons of use, design, appearance or other criteria affecting value. C. Residential /Commercial Mixed -Use Development Overlay (RC -MUDO) Zone. The purpose of the Residential /Commercial Mixed -Use Development Overlay Zone (RC- MUDO) is to provide opportunities for well- designed development projects that combine residential with nonresidential uses, including office, retail, business services, personal services, public spaces and uses, and other community amenities designated with the mixed -use land use designations in the City of Rosemead General Plan, and consistent with the policy direction in the General Plan. The intent of this overlay zone is to accomplish the following objectives: 1. Create a viable, walkable urban environment that encourages pedestrian activity and reduces dependence on the automobile, through a streetscape that is connected, attractive, safe and engaging. 2. Provide complementary residential and commercial uses within walking distance of . each other. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 59 AND ZONE SPECIFIC STANDARDS • • 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. TITLE 17 -ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 60 AND ZONE SPECIFIC STANDARDS • 17.28.020 Design Overlay Zone. Sub - sections: A. Jurisdiction. B. Application filing, processing, and review. C. Findings and decision. D. Appeals. E. Issuance of other required permits and approvals. 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 and Structures). 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 does 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 does 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 Sub - section "C" (Findings and Decision) below. Initial review of the application, including time requirements and requests for information, shall be provided in Section 17.120.060 (Initial Review of Application). 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 TITLE 17 -ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 61 AND ZONE SPECIFIC STANDARDS • standards and regulations of this Zoning Code; and any adopted design guidelines and policies that may apply. Upon receipt of a complete application, the applicable review authority shall review the design, location, site plan configuration, and the effect of the proposed development on surrounding development by comparing the project plans to established development standards, regulations, and applicable design guidelines. b. If the Community Development Director determines that the plans conform to the provisions of this Chapter, and the policies adopted by the City Council hereunder, the Community Development Director shall endorse his or her approval thereon in writing to the Planning Commission for them to approve, conditionally approve, or deny. When the plans for an approval do not substantially alter the appearance of the property, the only approval required shall be that of the Community Development Director. Non - substantial alterations include, but are not limited to: 1) Fagade or exterior improvements for property maintenance (inclusive of color changes that are primary building colors of existing buildings on the street); 2) Fences and walls; 3) Landscaping; 4) Restriping of parking lots; 5) Signs (excluding new pole and monument signs); 6) Sign face changes on existing pole and monument signs; 7) Roof pitch changes that are consistent with the existing roof shape to accommodate electrical equipment, such as air condition units; and 8) Screening of any mechanical equipment. • c. 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 Sub - section "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. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 162 AND ZONE SPECIFIC STANDARDS 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, 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. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES ( 63 AND ZONE SPECIFIC STANDARDS • 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: 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 TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 164 AND ZONE SPECIFIC STANDARDS • 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 twelve (12) months 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. - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 165 AND ZONE SPECIFIC STANDARDS 17.28.030 Residential /Commercial Mixed -Use Development Overlay • (RC -MUDO) Zone. Sub - sections: A. Applicability. B. Approval procedure. C. Permitted uses. D. Development standards. E. General requirements. 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 classed 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 residentiaUcommercial mixed -use development shall be submitted, and approved in accordance with the requirements of requirements of Chapter 17.28, Section 17.28.020 (Design Review). 2. The Site Plan and Design Review must comply with the provisions of this Chapter and the Mixed Use Design Guidelines. 3. Only one (1) 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. is 1. The following uses are permitted in a residential /commercial mixed -use development: retail stores and businesses, provided there is no manufacturing, processing or TITLE 17 -ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 166 AND ZONE SPECIFIC STANDARDS • treatment of products other than what Js clearly incidental to the retail business conducted on the premises, and not more than twenty (20) percent of the floor area of the building shall be used in the manufacturing, processing or treatment of products, and that such operations or products are not objectionable due to noise, odor, dust smoke, vibration or other similar causes; • Art studios; • ATM facilities subject to the requirements of Section 17.28.030.E.2 • Bakery products shops; • Banks, savings and loan associations, and financial institutions, excluding check cashing or other pay day loan services; • Barber shops, beauty shops and manicure parlors; • Book stores; • Clothing and shoe stores; • Confectionery retail shops; • Department and variety stores; • Drug stores and pharmacies; • Dry cleaning stores, drop -off and pick -up only; • Electric appliance stores and repairs; • Employment agencies; • Fabric and yardage stores; • Florist shops; • Food stores, bakery shops, delicatessens and markets; • • Furniture stores, limited to new furniture, except that used furniture taken in trade may be sold provided used furniture sales do not exceed twenty-five (25) percent of the gross floor area or twenty-five (25) percent of total retail floor area, whichever is less; • Grocery, fruit and vegetable stores; • Hardware stores; • Health centers, and similar personal service establishments, with massage as an incidental use and occupying no more than twenty-five (25) percent of the floor area (Administrative Use Permit Required); • Hobby shops; • Interior decorating shops; • Jewelry stores; • Music stores; • Paint stores; • Pet supply stores; • Photo -copy, printing or desktop facilities; • 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. ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 167 AND ZONE SPECIFIC STANDARDS • 2. The following professional and business office uses are permitted in a residential /commercial mixed -use development: • Accountant; • Acupuncturist and acupressure, without massage or retail sales; • Advertising agency; • Architect; • Attorney; • Auditor; • Bookkeeping service; • Business consultant; • Chiropodist; • Chiropractor; • Dental office; • Engineer; • Governmental buildings and offices; • Insurance agency; • Optician; • Optometrist; • Ophthalmologist; • Osteopath; • Physician; • Psychiatrist; • Real estate broker; • Secretarial service; • X -ray technician; and 3. Similar professional business uses may be permitted subject to the Community Development Director making the findings set forth in Section 17.04.040. 4. The following uses shall be the only uses for which a Conditional Use Permit may be applied for and granted in a residential /commercial mixed -use development: • Any commercial use that operates after midnight; • Any eating establishment with outdoor seating; • Any establishment having an off -sale license for alcoholic beverages; • Any establishment having an on -sale license for alcoholic beverages; • Commercial recreation and entertainment; • Convenience markets subject to the requirements of Section 17.28.030.E.3; and • Libraries and museums; 5. Residential units shall be permitted in a residential /commercial mixed -use development provided that the densities shall be consistent with the General Plan. 6. Location of Uses. a. Retail /commercial uses shall be permitted on the ground floor or second floor in a •residential/ commercial mixed -use development. - ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 168 AND ZONE SPECIFIC STANDARDS • b. Retail /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 (7) feet and a minimum height of eight (8) 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 (3) new mature box trees that have at least a TITLE 17 -ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 1 69 AND ZONE SPECIFIC STANDARDS • 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. Comer Lot. 1) On intersection corners, where both streets have four (4) lanes: a) Building architecture on intersection corners, where both streets have four (4) 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 comer 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 comer 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 (2) or more streets shall have at least one (1) customer entrance facing the primary street and one (1) customer entrance facing the second street or instead of two (2) entrances, a comer 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 feet from the nearest transit stop. 4) Any outdoor dining area may be separated from the sidewalk only with planters, shrubs, or fencing with a maximum height of forty -two (42) inches. f. Undergrounding of Utilities. 1) Utility lines to a development from the building to the property line, including, but • not limited to, electric, communications, street lighting and cable television shall be placed underground. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 170 AND ZONE SPECIFIC STANDARDS • 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 the Planning 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 -us 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 (8) 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 (1) 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 (2) parking spaces shall be provided for every dwelling unit;,, 2) One (1) guest parking space shall be provided for each two (2) dwelling units in • a multiple - family dwelling project; TITLE 17 -ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES i 71 AND ZONE SPECIFIC STANDARDS • 3) Residential parking shall be separate from commercial parking and accessed through a secure gated entrance; and 4) A reduction in the number of residential parking spaces may be approved upon the determination by the Planning Commission that a parking demand analysis prepared by a competent traffic and transportation engineer demonstrates, that the required number of spaces exceeds actual expected demand. b. Commercial. 1) The parking requirements shall be provided in accordance with Chapter 17.112; and commercial parking shall be separate from residential parking by a secure gated entrance to the residential areas. 4. Separation of access to residential and commercial. Access to Floors with residential units shall be secure and through a locking gate or entryway. 5. Trash and Loading Areas. Trash and refuse collection, and recycling areas shall comply with the following 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. r� L e. Loading areas shall be clearly designated. 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 7:00 a.m. to 7:00 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. - ZONING DISTRICTS, ALLOWABLE LAND USES 172 AND ZONE SPECIFIC STANDARDS • 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 (5) 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 (3) 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 (1) square foot of landscape to one (1) 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 (5) 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. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 73 AND ZONE SPECIFIC STANDARDS • 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 (5) 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 (1) 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. 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. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 74 AND ZONE SPECIFIC STANDARDS • 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 (1) automatic washer and dryer for each five (5) 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. n U 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 (6) 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. TITLE 17 -ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 1 75 AND ZONE SPECIFIC STANDARDS • 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 (0). 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 (0). (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 (3) 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 (3) feet up to an additional ten (10) feet to provide enhanced building entrances, outdoor dining areas, courtyards, pedestrian arcades, and /or landscaping, etc. 5) Parking Lot Abutting Public Street. Any area of a surface parking lot that abuts a public street shall be set back from the sidewalk a minimum of ten (10) feet and screened by landscaping and a decorative three -foot high masonry wall. Landscaping shall include trees planted a maximum of twenty -five (25) feet on center and other plantings to achieve sixty (60) percent ground coverage within two (2) years of planting. C] b. Variable Height Setback. All residential /commercial mixed -use developments shall have a variable height limitation when abutting R -1 and R -2 zones in accordance with Section 17.08.050.1. c, . Encroachments. 1) No part of the structure, permanent attachment or other similar architectural feature: a) May extend into a required front, side or rear yard or minimum distance between buildings for more than two (2) feet; and TITLE 17 -ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE AND ZONE SPECIFIC STANDARDS • b) May extend into the public right -of -way without approval of an encroachment permit. 2) Hedges or any other shrubs or landscaping shall not encroach onto a curb or sidewalk or over a lot line. d. Building Mass. 1) The maximum floor area ratio (FAR) and the number of dwelling units per acre for any residential /commercial mixed -use development shall be as established by the General Plan and referenced below. 2) Mixed -Use: Residential /Commercial shall be developed with twenty -five (25) to thirty (30) dwelling units per acre and a maximum 1.6:1 FAR. The project shall consist of a 67- percent residential and 33- percent commercial land use mix. Deviations from the land use percentage mix may be approved by the Planning Commission. 3) Mixed -Use: High Density Residential /Commercial shall be developed with forty (40) to sixty (60) dwelling units per acre and a maximum 2.0:1 FAR. The project shall consist of a 75- percent residential and 25- percent commercial land use mix. Deviations from the land use percentage mix may be approved by the Planning Commission. 13. Height. a. The maximum height of a residential /commercial mixed -use development shall be consistent with the land use element of the General Plan as outlined below. • 1) Mixed -Use: Residential /Commercial (twenty -five (25) to thirty (30) du /ac; three (3) 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 (4) 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 (5) 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. Rooftops should be designed in a way that acknowledges their visibility from other buildings and the street. Equipment shall be screened on all four (4) 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 landscapina that will serve as both a visual and a noise barrier. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 77 AND ZONE SPECIFIC STANDARDS • 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 retail /commercial. 2) Outdoor seating may be allowed on private property with a conditional use permit. 3) When alcoholic beverages are permitted in outdoor seating areas that are immediately adjacent to a public pedestrian way, the landscape separation physical design and plant material should compliment the design of the building and prevent passing or carrying alcoholic beverages outside the restaurant seating area and a sign shall be posted. b. Vertical Compatibility of Uses. 1) Commercial uses shall be designed and operated such that neighboring residents of residential units on the floors above are not exposed to offensive noise, especially from traffic, trash collection, routine deliveries or late night activity. 2) A conditional use permit shall be required for commercial uses that operate after midnight. 3) No use, activity or process shall produce continual vibrations or noxious odors that are perceptible without instruments at the property lines of the site or within the interior of residential units on the site. • 16. Noise Abatement. a. Loudspeakers, bells, gongs, buzzers, or other noise attention or attracting devices that exceed sixty (60) decibels between the hours of 7:00 a.m. and 10:00 p.m. or forty-five (45) decibels between the hours of 10:00 p.m. and 7:00 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 (4) 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 TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 78 AND ZONE SPECIFIC STANDARDS • • 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 (8) feet shall be visually transparent into the building or provide a minimum depth of three (3) feet for window merchandise display. 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 80 feet or more between such windows. Windows of residential /commercial mixed -use developments shall not directly face windows of residential units on lots that abut the residential/commercial mixed -use development in order to maximize privacy. c. Design Differentiation Between Floors. The area where the first floor meets the second floor shall clearly define a change in materials, colors, and style between the first and second floors. 18. Signs. a. A uniform sign program shall be approved by the Planning Division for each residential /commercial mixed -use development. b. Permitted sign types shall be limited to wall, window, awning and monument signs and shall not be located above the first floor. c. Building- mounted signs, including cumulative total of one (1) squar e building frontage of each business. d. Pole signs shall be prohibited. wall, window and awning, shall not exceed a foot of sign area per one (1) lineal foot of 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 (1) 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 (6) feet in height. 8) A maximum of one (1) sign per development. TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 79 AND ZONE SPECIFIC STANDARDS • 9) The monument sign shall be setback a minimum of three (3) 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 (3) 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 (2) feet of the curb but must clear the sidewalk vertically by at least eight (8) feet. n U c. Projections beyond the front or exterior side lot line of a comer 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. 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). TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 1 80 AND ZONE SPECIFIC STANDARDS • b. Developments that construct buildings that exceed minimum statewide energy construction requirements beyond Title 24 energy requirements. c. Developments that employ passive heating and cooling design strategies to the maximum extent feasible. Strategies to be considered include orientation; natural ventilation, including cross - ventilation in residential units, high insulation values, energy efficient windows including high performance glass, light- colored or high- albedo (reflective) roofing and exterior walls, window shading, and landscaping that provides shading during appropriate seasons. d. Developments that implement U.S. EPA Certified Water Sense labeled or equivalent faucets and high - efficiency toilets (HETs) in residential uses, and implement water conserving shower heads to the extent feasible. e. Developments that provide Energy -Star rated appliances in the residential units. 2. Automated Teller Machines (ATMs) and Walk -Up Bank Services. a. ATM facilities shall be located only on the public street side of a residential /commercial mixed -use development. b. The ATM shall be set back three (3) 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 residential1commercial 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: - ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE AND ZONE SPECIFIC STANDARDS • 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 (CCBRs) 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 (1) 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 (3) 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 shall be prohibited. b. Traditional noncommercial holiday decorations that do not contain advertising shall be permitted. c. The display of no more than three (3) of any of the following flags shall be permitted at the same time at any single location on a residential /commercial mixed -use development: - ZONING ARTICLE 2- ZONING U15 KIC 15, ALLUWA[ILt AND ZONE SPECIFIC STANDARDS • 1) The flag of the United States; 2) The flag of the State of California or its political subdivisions. C� J d. Prohibited Advertising and Display. The following advertising and displays shall be prohibited: 1) Outdoor advertising, displays and /or sales of merchandise or promotional materials in a location outside of a building; 2) Inflatable advertising displays; 3) Roof - mounted displays of flags, pennants or pennant -type banners, balloons, inflatable devices, or similar displays; and 4) Flags, banners or balloons displayed in a landscape area or on a fence. 7. Used Goods. 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. - ZONING DISTRICTS, ALLOWABLE LAND USES 183 AND ZONE SPECIFIC STANDARDS n U 0 0 • ARTICLE 3 REGULATIONS FOR SPECIAL USES AND STRUCTURES Chapter 17.30 STANDARDS FOR SPECIFIC LAND USES Sections: 17.30.010 Purpose. 17.30.020 Applicability. 17.30.030 Adult businesses. 17.30.040 Alcohol beverage sales. 17.30.050 Automated teller machines (ATMs) and walk -up bank services. 17.30.060 Automobile car wash (full service and self- service). 17.30.070 Automotive lube and tune facility. 17.30.080 Automotive service station. 17.30.090 Body art 17.30.100 Donation boxes - outdoor. 17.30.110 Drive - through or drive -up facilities. 17.30.120 Emergency shelters and temporary aid centers. 17.30.130 Hotels and motels. 17.30.140 Internet cafa and game arcade. • 17.30.150 Karaoke KTV studios. 17.30.160 Large and small family day care facilities. 17.30.170 Outdoor dining. 17.30.180 Recycling facilities. 17.30.190 Second dwelling units. 17.30.200 Single room occupancy (SRO). 17.30.010 Purpose. This Chapter provides site planning, development, and /or operating standards for certain land uses that are allowed by Article 2 (Zoning Districts, Allowable Land Uses, and Zone Specific Standards) within one or more zoning districts but that require special standards to mitigate their potential adverse impacts. 17.30.020 Applicability. ' The land uses and activities covered by this Chapter shall comply with the provisions of the Sections applicable to the specific use, in addition to all other applicable provisions of this Zoning Code. A. Where allowed. The uses that are subject to the standards in this Article shall be located in compliance with the requirements of Article 2 (Zoning Districts, Allowable Land Uses, and Zone Specific Standards). ,• B. Land use permit requirements. TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • The uses that are subject to the standards in this Article shall be authorized by the land use permit required by Article 2, except where a land use permit requirement is established by this Article for a specific use. C. Development standards. The standards for specific uses in this Chapter supplement and are required in addition to those in Article 2 (Zoning Districts, Allowable Land Uses, and Zone Specific Standards) and the City Code. In the event of any conflict between the requirements of this Chapter and those of Article 2, the requirements of this Chapter shall control. 17.30.030 Adult businesses. Sub - sections: A. Purpose. B. Locational requirements. C. Adult business license required. A. Purpose. The purpose of this chapter is to establish a comprehensive set of regulations applicable to the location of adult businesses within the City. The words and phrases used in this section are governed by the definitions contained in Chapters 5.08 and 5.10 of this code. (Ord. No. 903, § 9, 4- 12 -11) B. Locational requirements. • 1. Permitted Districts. Adult businesses are permitted in the M -1 Zone. 2. Locational Standards. Adult businesses may not be located: a. Within five hundred (500) feet of any property zoned R -1, R -2, R -3, or any lot where there is an actual residential use within the City limits; b. Within five hundred (500) feet of any churches or other places used exclusively for religious worship; whether inside or outside of the City limits; c. Within five hundred (500) feet of any public or private school (grades K -12) or child care establishment, whether inside or outside the City limits; d. Within five hundred (500) feet of any public park or playground, or any city facility, including, but not limited to, city hall, the city library, and any police or fire station; e. Within five hundred (500) feet of any property upon which is located a business with a Type 40, 42, 48 or 61 on -site alcoholic beverage license; f. Within one thousand (1,000) feet of any other adult business, whether inside or outside the City limits; g. Within one thousand (1,000) feet of any massage establishment, whether inside or • outside the City limits. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 2 . 3. The distances specified in this division section will be measured in a straight line, without regard to intervening structures, from the nearest property line of the premises in which the proposed adult business is to be established to the nearest property line of a use or zoning classification listed above. C. Adult Business License Required. Adult businesses must obtain and maintain an adult business license in compliance with all applicable requirements of Chapter 5.08 of this code. Adult business performers must obtain and maintain an adult business performer license in compliance with all applicable requirements of Chapter 5.10 of this code. (Ord. No. 903, § 9, 4- 12 -11) 17.30.040 Alcohol beverage sales. Sub - sections: A. Purpose. B. Applicability. C. Operating standards. D. Signs. E. Permit requirements. A. Purpose. The purpose of this section is to preserve a healthy and safe environment for residents and businesses by establishing a set of consistent standards for the safe operation of retail • alcohol sales establishments. It is recognized that hospitality, entertainment, recreation and related businesses are a significant part of the City's economy, and that alcoholic beverage sales are important to the operation of these businesses. It is also recognized that alcohol abuse can create environments that jeopardize the continued success of these businesses and seriously affect the health, safety, and general welfare in surrounding areas, particularly residential neighborhoods. This section provides regulations to reduce the costly and harmful effects of irresponsible alcohol sales and consumption on the City, neighborhoods, local businesses, residents, law enforcement, medical care, and educational, preventive, treatment and rehabilitation resources. B. Applicability. The provisions in this Section shall apply to the sale of alcoholic beverages where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following standards. C. Operating standards. This Section establishes operational standards for defined establishments involved in the sale of alcoholic beverages. 1. Alcohol Consumption on Premises Prohibited. Consumption of alcoholic beverages inside a retail alcohol sales establishment, outside the building, or elsewhere outside on the premises shall be prohibited. • 2. Sales Activities. Alcoholic beverages shall not be sold: TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • a. Outside the exterior walls of the alcohol sales establishment; or b. From drive -up or walk -up service windows; 3. Litter and Graffiti. The owner /operator shall: a. Maintain the exterior of the premises, including signs and accessory structures, free of litter and graffiti at all times; b. Provide for daily removal of trash from the premises and abutting sidewalks or alleys within twenty (20) feet of the premises; and 4. Security. The Planning Commission may require on -site security (for example security personnel, security programs, and /or surveillance devices), both inside and outside the building, to satisfy concerns raised by the Chief of Police. 5. Sales training. a. Personnel. Owners, operators, and managers of establishments selling alcoholic beverages shall complete a Licensee Education on Alcohol and Drugs (LEAD) program sponsored by the Department of Alcoholic Beverage Control. b. Records. Records of each owner's and operator's successful completion of the LEAD training program shall be maintained on the premises and shall be presented • to a representative of the City upon request. 6. Conditions of approval. The owner /operator shall maintain a copy of the most recent City permit, conditions of approval, and operating standards on the premises and shall post a notice that these are available for review on the premises. The posted copy shall be signed by the permittee. 7. Public telephones. Upon request of the Chief of Police or as required by the ABC, a public telephone located on the premises or in an adjacent area under the control of the owner /operator shall be equipped with devices or mechanisms that prevent persons from calling in to that public telephone. D. Signs. Signs shall comply with Chapter 17.116 (Signs). In addition, the following shall apply: Window signs shall not obstruct the view of the interior of the premises (e.g., sales counter, cash register, employees, customers, etc.) from the exterior. 2. Loitering, open container, and other signs specified by the Alcoholic Beverage Control Act shall be posted as required by the ABC. E. Permit requirements. 1. New Permits. A conditional use permit, obtained pursuant to the provisions of Chapter • 17.132 (Conditional Use Permits), shall be required for any business that sells alcoholic beverages for on -site or off -site consumption. This requirement shall apply to any new TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 14 • business proposed to locate within the City, as well as to existing businesses applying for a new State permit to sell alcoholic beverages. All required permits and licenses shall be obtained prior to commencement of the use. 2. Required Findings. Prior to approval of a new or modified permit for an alcohol sales establishment, the Planning Commission shall find that the use is consistent with the purpose and intent of this section. This finding shall be in addition to the findings required by Chapter 17.132 (Conditional Use Permits). In making the required finding, the Planning Commission shall consider the following: a. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. b. The numbers of alcohol - related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. c. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. d. Whether or not the proposed modification will resolve any current objectionable conditions. • 3. The burden of proving that the proposed use will not adversely affect the welfare of nearby residents or detrimentally affect nearby residentially zoned communities, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors shall be the applicant's. 17.30.050 Automated teller machines (ATMs) and walk -up bank services. Sub - sections: A. Purpose. B. Applicability. C. Development standards. A. Purpose. This Section provides the development standards for Automated Teller Machines (ATMs) and walk -up bank services. B. Applicability. The provisions in this Section shall apply to ATMs and walk -up bank services as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards). C. Development standards. • 1. The ATM should be set back three (3) feet into an alcove adjacent to the public sidewalk to provide a privacy area. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • 2. Adequate lighting for the ATM shall be provided. 3. The ATM shall provide rear -view mirrors and cameras that can record activity and have quality color video capabilities for surveillance purposes. 4. The ATM shall comply with ADA accessibility standards 5. A trash receptacle shall be immediately accessible to the ATM. 6. ATMs and walk -up bank services are subject to the approval of the Planning Division. 7. 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. 17.30.060 Automobile car wash (full service and self- service). Sub - sections: A. Purpose. B. Applicability. C. Development standards. A. Purpose. • This Section provides standards for the establishment and operation of new automobile car wash facilities and for the modification or expansion of existing facilities. B. Applicability. The provisions in this Section shall apply to automobile car wash facilities as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following standards. E C. Development standards. 1. The architecture of the development shall reflect a sensitivity to the character of the surrounding neighborhood and attempt, where feasible, to be consistent with, or complementary to, neighborhood character. 2. All setback areas, except where used as walkways or drive aisles for. vehicles, shall be suitably landscaped and provided with an automatic sprinkler system and moisture - sensing devices. 3. Access and driveways. No site shall have more than two (2) access ways to any one street, and no driveway shall be allowed within twenty (20) feet of a street comer. However, the City Engineer shall have the authority to place additional restrictions on driveways and access as necessary to enhance vehicular and pedestrian safety in the immediate vicinity of the site. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 6 • 4. Retail sales. The retail sale of goods is permitted, provided parking is provided as required for retail business. 5. Parking. No vehicle shall be parked on the site other than those belonging to customers and employees. Adequate parking shall be provided for customers and employees. Storage of vehicles is prohibited. See Chapter 17.112 (Off- Street Parking and Loading) for additional parking requirements. 6. Lighting. All outside lighting shall be oriented and shielded to prevent glare, reflection, or any nuisance or hazardous interference with adjacent uses or streets. 7. Water conservation and anti - spillage plans shall be submitted and approved by the Community Development Director. 8. Utilities. All utility services extended to the building shall be installed underground. 9. Restrooms. All restroom entrances facing or visible from a public right -of -way shall be screened by solid decorative screening six (6) feet high. 10. Vehicles to be serviced shall be parked in designated areas only. Such vehicles may not be located in the required off - street parking or landscape areas nor on any public sidewalk, parkway, street or alley. 11. No portion of the lot, outside of the building, shall be used for storage of any type, unless designated and approved by the Community Development Director. • 12. All waste materials shall be handled and disposed of in accordance with local, State, and Federal laws and policies. No waste material shall be washed or poured into any public alley, street, storm drain or sewer. 17.30.070 Automotive lube and tune facility. Sub - sections: A. Purpose. B. Applicability. C. Development and operating standards. A. Purpose. This Section provides standards for the establishment and operation of new automotive lube and tune facilities and for the modification or expansion of existing facilities. B. Applicability. The provisions in this Section shall apply to automotive lube and tune facilities as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following standards. • C. Development and operating standards. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1. Retail sales. The retail sale of goods is permitted, provided parking is provided as required for retail business. 2. Parking. No vehicle shall be parked on the site other than those belonging to customers and employees. Adequate parking shall be provided for customers and employees. Storage of vehicles is prohibited. See Chapter 17.112 (Off- Street Parking and Loading) for additional parking requirements. 3. Access and driveways. No site shall have more than two (2) access ways to any one street, and no driveway shall be allowed within twenty (20) feet of a street corner. However, the City Engineer shall have the authority to place additional restrictions on driveways and access as necessary to enhance vehicular and pedestrian safety in the immediate vicinity of the site. 4. Utilities. All utility services extended to the building shall be installed underground. 5. Restrooms. All restroom entrances facing or visible from a public right -of -way shall be screened by solid decorative screening six (6) feet high. 6. Vehicles to be serviced shall be parked in designated areas only. Such vehicles may not be located in the required off - street parking or landscaped areas nor on any public sidewalk, parkway, street or alley. 7. No portion of the lot, outside of the building, shall be used for storage of any type, unless • designated and approved by the Community Development Director. 8. Drainage and Pollution Control. Drainage shall be by underground structures to avoid drainage across sidewalks or drive aprons. In addition, a lube and tune facility shall incorporate pollution control best management practices (BMPs) designed to prevent or minimize runoff of oil and grease, solvents, car battery acid, coolant, gasoline, and other pollutants into the stormwater system. The Public Works Director shall approve drainage and pollution control methods, if appropriate. All hazardous waste must be stored within an enclosed building or underground tank. All waste materials shall be handled and disposed of in accordance with local, state and federal laws and policies. No waste material shall be washed or poured into any public alley, street, storm drain or sewer. 17.30.080 Automotive service station. Sub - sections: A. Purpose. B. Applicability. C. Physical site controls. D. Site development standards. A. Purpose. This Section provides standards for the establishment and operation of new automotive service station and for the modification or expansion of existing facilities. • B. Applicability. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • The provisions in this Section shall apply to automotive service stations as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following standards. C. Physical Site Controls. 1. Street Frontage. The minimum street frontage of a service station site shall be not less than one hundred twenty (120) feet on any street. 2. Lot Area. Minimum area required shall be not less than fourteen thousand (14,000) square feet. 3. Setbacks. a. Minimum setbacks for any building shall be not less than ten feet from any property line, and not less than twenty-five (25) feet from any property line which adjoins a dedicated street, except that on any property abutting an alley, buildings may be established on the property line abutting the alley. Overhead canopies not less than ten feet high may extend to not less than two (2) feet of any property line. b. Gasoline pumps, or other facilities for providing automobiles with gasoline, and pump islands on which they are placed, shall be set back not less than fifteen (15) feet from any adjoining property line. c. Additional setbacks may be established by the Planning Commission if deemed • necessary to provide for the protection of the safety, health or welfare of the adjacent property owners. 4. Site Development Standards. a. Perimeter Property Line Walls. Where a service station adjoins property in a residential zone a six (6) foot high solid masonry wall shall be constructed adjacent to contiguous side or rear property lines, except that within twenty (20) feet of any street front property line, walls shall not exceed three (3) feet in height. b. Screening. 1) Outside entrances to restrooms shall be screened from view of adjacent properties or street rights -of -way by decorative screening not less than six (6) feet high. The bottom of the screen shall be open twelve (12) inches to eighteen (18) inches above grade for light access and ventilation. 2) Trash Areas. The development shall be improved with solid waste and recyclable material collection in accordance with Chapter 17.64 (Accessory Structures). c. Landscaping. 1) Planters, not less than five (5) feet wide, shall be located and maintained adjacent to every street frontage, unless modification of this requirement is obtained from the Planning Commission. 2) No less than one hundred (100) square feet of planting area shall be located and • maintained at the intersection of two (2) property lines at a street corner. TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • 3) Unless otherwise approved, raised planters, not less than three (3) feet wide and of appropriate length, shall be located and maintained along the building facades facing any street. 4) All planting areas shall be separated from adjacent paving by a minimum six -inch high curb, or a low planter wall not to exceed three (3) feet in height. 5) All planting, other than trees, shall be of a variety that will not achieve a height greater than thirty (30) inches or that can be maintained at said height. Plantings shall not be thorny or spiked, and shall not extend over any abutting sidewalk. 6) All landscaped areas shall have permanent irrigation systems, and such areas shall.be kept planted and maintained. 7) Unless otherwise approved or indicated, planters not less than three (3) feet wide and not less than twenty -five (25) feet in length shall be located and maintained along interior property lines; trees to be planted and maintained not more than thirty (30) feet apart, in said planters. 8) Not less than five (5) percent of the gross service station site shall be landscaped. d. Drainage and Pollution Control. Drainage shall be by underground structures to avoid drainage across sidewalks or drive aprons. In addition, a service station shall incorporate pollution control best management practices (BMPs) designed to prevent or minimize runoff of oil and grease, solvents, car battery acid, coolant, gasoline, and other pollutants into the stormwater system. The Public Works Director shall approve drainage and pollution control methods, if appropriate. All hazardous waste must be stored within an enclosed building or underground tank. All waste materials shall be handled and disposed of in accordance with local, state and federal laws and policies. No waste material shall be washed or poured into any public alley, street, storm drain or sewer. e. Permitted and Prohibited Activities. 1) Sale, Lease or Rental Items. a) There shall be no sale or distribution of carbonated drinks, candy, coffee, cigarettes, or other similar items, except from dispensers within or abutting the building. b) There shall be no sale or distribution of peat moss, fertilizer, toys or other promotional items except from stock piles located within or to the rear of the building. c) No commercial vehicles over seven thousand five hundred (7,500) pounds (gross weight),, except vehicles operated by the permittee as a normal incidental service station use, shall be permitted to be stored on the site between ten p.m. and six a.m. 2) General operation standards. a) All repair work shall be conducted within the enclosed building. b) Parking areas and drive aisles shall remain unobstructed in a manner to provide for vehicular maneuvering. c) Vehicles to be repaired shall be stored or parked in designated areas only. Such vehicles may not be located in the required off - street parking or landscape areas nor on any public sidewalk, parkway, street or alley. d) No portion of the lot, outside of the building, shall be used for storage of any type, unless designated and approved by the Community Development • Director. All trash and debris shall be contained within approved trash enclosure(s). TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 10 • f. Access, Parking and Circulation Requirements. 1) Access Ways — Driveways. a) Each developed site shall not have more than two (2) access ways (driveways) to any one (1) street unless specifically approved by the Planning Commission. b) Access ways shall not be located within five (5) feet of any adjoining residential side property lines. g. Parking. 1) Two (2) parking spaces shall be provided for each working bay in the building and one for each employee on the largest shift. 2) No vehicles may be parked on sidewalks, parkways, driveways, alleys or planting areas. h. Miscellaneous Provisions. 1) Signs as permitted by this Code, except when otherwise approved by the Planning Commission: a) There shall be no more than two (2) freestanding name signs, and no portable price or promotional signs. b) There shall be no signs in excess of thirty -five (35) feet in height unless otherwise specifically approved by the Planning Commission. c) Price or promotional signs shall not exceed twelve (12) square feet in face area. Not more than two (2) permanent and internally lighted double -faced signs may be erected on fixed pipe supports, the overall height not to exceed • seven (7) feet, or in lieu thereof one sign may be suspended from the station sign or column supporting such sign, with at least seven (7) feet of clearance from the ground level. Location of such signs shall be first obtained from the Community Development Director. d) Signs shall be placed to eliminate or minimize any glare, reflection or light on adjoining property or buildings, or interference with vision of pedestrian or vehicular traffic. e) No blinking, flashing animated or giant statuary signs are permitted. i. Hours of Operation. 1) Unlimited, except as otherwise provided by the Planning Commission. 5. Automotive - Related Uses (General Standards and Conditions of Approval) a. Parking areas and drive aisles shall remain unobstructed in a manner to provide for vehicular maneuvering. b. Vehicles to be repaired shall be stored or parked in designated areas only. Such vehicles may not be located in the required off - street parking or landscape areas nor on any public sidewalk, parkway, street or alley. c. All trash and debris shall be contained within approved trash enclosure(s). TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES I 11 • 17.30.090 Body art. Sub - sections: A. Applicability. B. Development Standards. A. Applicability. This section shall apply to Body Art Establishments where tattooing and body piercing are conducted, with the exception of tattoos, piercings or removal of tattoos performed by board - certified medical or dental personnel within an office as part of a medical or dental procedure. Also, piercings involving only the outer perimeter or lobe of the ear using a pre - sterilized single use stud and clasp ear - piercing system performed as an ancillary use in conjunction with a permitted primary use are exempt from the following requirements. B. Development Standards. Body Art Establishments shall comply with the following requirements. There shall be a minimum of forty -five (45) square feet of floor space for each procedure area. The procedure area(s) must be separated from other functions including bathrooms and retail sales areas, or any other area that may cause potential contamination of work surfaces. 2. Each Body Art Establishment shall have a readily accessible sink that is not in a public restroom and is equipped with hot and cold running water, no -touch faucet controls, • liquid hand soap, single -use paper towels and a garbage can. 3. No person shall conduct branding, cutting, implantation, suspension, or scarification; pierce or tattoo genitalia or female nipples; nor perform tattooing or piercing while under the influence of alcohol or controlled substances. 4. At no time shall alcoholic beverages be sold, dispensed, possessed, brought or allowed on the premises of any body art establishment. 5. Tattooing or piercing of persons under the age of 18 shall not be permitted except if accompanied by a parent. Technicians shall request proof, of age prior to performing procedures. 6. All surfaces within procedure areas shall be smooth, nonabsorbent and easily cleanable. Procedure surfaces shall be cleaned and sanitized after each client. All facilities shall be maintained in a clean and sanitary condition. 7. Only service animals may be allowed in the establishment. No animals shall be allowed in the procedure area(s). 8. Effective measures shall be taken by the operator to prevent entrance, breeding, and harborage of insects, vermin, and rodents in the establishment. 9. Body Art Establishments shall operate only between the hours of 9:00 a.m. and 9:00 • p.m. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • 17.30.100 Donation boxes -outdoor. Sub - sections: A. Purpose. B. Applicability. C. City standards. D. Application procedure. A. Purpose. The purpose of this Section is to regulate the placement of unattended donation boxes within the city. The procedures and requirements of this chapter are enacted to: 1. Promote the community's health, safety, and welfare by regulating unattended donation boxes for clothing or other salvageable personal property within the City; 2. Promote that unattended donation boxes do not pose a hazard to pedestrian and vehicular traffic; 3. Promote that material is not allowed to accumulate outside of the unattended donation boxes where it can be scattered by adverse weather conditions, animal contacts or human activities; and B. Applicability. The provisions in this Section shall apply to unattended donation boxes as defined in Article • 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following standards. C. City standards. Outdoor charitable donation boxes shall comply with all of the following location, development, and operational standards. 1. No more than one donation box shall be allowed on a single site or shopping center. 2. No unattended donation box shall be.placed within 400 feet from another unattended donation box 3. The donation box shall be secured against theft or unauthorized removal. 4. The party responsible for the donation box shall ensure that the box and surrounding site are properly maintained and that donated materials do not fall, spill, or accumulate outside of the box. If the party responsible for the donation box fails to provide the required maintenance, the property owner shall be responsible for all of the maintenance specified in this Subparagraph. 5. The party responsible for the donation box shall ensure that the box is removed and the site is cleared of any evidence of its previous setup when the box is no longer needed or has been inactive for sixty (60) days. If the party responsible for the donation box fails to provide the required removal and clean -up, the property owner shall be responsible for • the removal and clean -up specified in this Subparagraph. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES D. Application procedure. • The approval of an administrative Site Plan and Design Review by the Planning Division shall be required prior to the placement of any outdoor donation box. 17.30.110 Drive - through or drive -up facilities. Sub - sections. A. Purpose. B. Applicability. C. City standards. A. Purpose. The purpose of the following provisions is to provide location and operational standards for retail trade or service uses providing drive - through and drive -up facilities to ensure that the facilities are designed and operated to effectively mitigate problems of congestion, excessive pavement, litter, noise, pedestrian safety, traffic, and unsightliness. (See Figure 17.30.100.1, Drive - Though Site Planning) B. Applicability. The provisions in this Section shall apply to drive- through facilities as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following City standards. C. City standards. The Traffic Engineer may modify the following standards to accommodate specific site conditions. Drive- through aisles should be inwardly focused within the site and located away from adjoining streets and adjoining properties, wherever feasible. 2. Pedestrian walkways (including ADA access areas) should not intersect the drive - through access aisles, but where they do, they shall have clear visibility and be emphasized by enhanced paving or markings. 3. The provision of drive - through and drive -up service facilities shall not justify a reduction in the number of required off - street parking spaces. 4. Drive - through access aisles should provide sufficient space before the menu board to accommodate at least five (5) waiting vehicles and at least five (5) waiting vehicles between the menu board and the drive -up service window. Drive- through access aisles shall be for vehicle stacking only. Drive- through access aisles shall provide adequate queuing space before a menu board or a pick -up /service window for an ATM, pharmacy, or similar use. Drive - through access aisles shall have a minimum ten (10) foot interior radius at curves and a minimum twelve (12) foot width; 5. Drive- through access aisles shall be separated by curbing and landscaping from the • circulation routes necessary for ingress to or egress from the property or access to a TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • parking space; Drive - through lanes shall be designed separately from drive - through access aisles and shall avoid the blocking of parking stalls or pedestrian access. L� • 6. As practical, visibility of outdoor menu and preview boards should be minimized from any adjoining street(s). Additional landscape areas or shrub plantings may be required to provide proper screening. Any proposed carhop and /or walk -up menu boards shall not exceed four (4) square feet in area. 7. Amplification equipment (e.g., speakers at menu boards) shall be located so as not to adversely impact adjoining uses and shall be operated in compliance with Title 8, Chapter 8.36 (Noise Control). Outdoor piped music shall be prohibited. 8. Each drive- through aisle should be appropriately screened with a combination of landscaping, low walls, and /or berms maintained at a minimum height of three (3) feet to prevent headlight glare from impacting adjacent streets, adjoining properties, and parking lots. 9. A minimum six (6) foot high solid decorative masonry wall shall be constructed on each property line that adjoins a parcel zoned for and /or developed with a residential use. A minimum five (5) foot deep landscaping strip shall be provided between the wall and any driveway. Figure 17.30.100.1 Drive - Through Site Plannin �f C ::emu :_ c©u Cc; q"- lob Wnueons r ®I Ell 1 j��... Restaurant D,eo. thmugh U_ 0".g Ennnc. X 7�/ Fomaramon �j Dnreuv window eia�wl4 Sben TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES ; 15 17.30.120 Emergency shelters and temporary aid centers. Sub - sections. A. Applicability. B. Emergency shelters. C. Temporary aid centers. A. Applicability. The requirements of this section apply to all emergency shelters and temporary aid shelters as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards). Upon providing documentation sufficient to allow the Community Development Director to determine that the following operational standards will be met, an emergency shelter or temporary aid center may begin operation. B. Emergency Shelters. Location. a. An emergency shelter may be on any parcel in M -1 (Light Manufacturing and Industrial), except that no emergency shelter development will be permitted on any lot that abuts the R -1 (Single - Family Residential) zone. b. The shelter shall be located within one - quarter mile of a bus stop. • 2. Capacity. Emergency shelters may provide a maximum of seven (7) beds per establishment. • 3. Maximum length of stay. The maximum length of stay of any person shall be six (6) months. 4. Intake/Waiting areas. On -site intake areas shall be enclosed or screened from the public right -of -way and adjacent properties. Queuing within the public right -of -way or any parking area is not permitted. 5. Lighting. Lighting shall be stationary, directed away from adjacent properties and public rights -of -way, and of an intensity that is consistent with existing lighting in the neighborhood. 6. Noise. For the purposes of noise abatement, organized outdoor activities and intake of residents in non - enclosed areas may only be conducted between the hours of 7:00 a.m. and 10:00 p.m. On -Site Management. The shelter shall have full -time on -site management. Emergency shelter providers must submit a written management plan prior to beginning operation, including provisions for staff training, and counseling, treatment, and training programs for residents. The management plan shall be subject to approval by the Community Development Director. TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 16 • 8. Parking. Emergency shelters that do not accept walk -in clients must provide one (1) parking space for clients and sufficient parking to meet the needs of the shelter's on -site management. Shelters that accept walk -in clients must provide two (2) parking spaces for clients and sufficient parking to meet the needs of the shelter's on -site management. Nonoperational and unregistered vehicles shall not be kept on site. Towing shall be the responsibility of the shelter operator. 9. Client Restrictions. Emergency shelter providers must screen for and refuse service to registered sex offenders as part of their client intake process. 10. Security. Emergency shelter providers must submit a written security plan prior to beginning operation that includes the hours of operation, intake /discharge procedures, screening of clients prior to admission to the shelter, and provisions for on -site security guards, if any. A site plan shall also be provided which clearly indicates parking areas, lighting, and the location of on -site walk -in and client intake areas. The security plan shall be subject to approval by the Chief of Police. 11. Separation from other shelters. No emergency shelter shall be located within a radius of 300 feet from the nearest shelter, as measured from property line to property line. This requirement does not apply to Temporary Aid Centers. 12. Storage. For emergency shelters that accept walk -in clients, an enclosed area must be provided for residents to store their belongings, such as bicycles, shopping carts, and other possessions. • C. Temporary aid centers. 1. Intake/waiting areas. On -site intake areas shall be enclosed or screened from the public right -of -way and adjacent properties. Queuing within the public right -of -way or any parking area is not permitted. 2. Lighting. Lighting shall be stationary, directed away from adjacent properties and public rights -of -way, and of an intensity that is consistent with existing lighting in the neighborhood. 3. Noise. For the purposes of noise abatement, organized outdoor activities and intake of residents in non - enclosed areas may only be conducted between the hours of 7:00 a.m. and 10:00 p.m. 4. On -site management. Temporary aid centers must submit a written management plan prior to beginning operation, including provisions for staff training and counseling, training, treatment and programs for clients. The management plan shall be subject to approval by the Community Development Director. 5. Security. Temporary aid centers must submit a written security plan prior to beginning operation including, as applicable, the hours of operation, intake /discharge procedures, screening of clients prior to admission to the temporary aid center, and provisions for on- site security guards, if any. A site plan shall also be provided which clearly indicates parking areas, lighting, and the location of on -site walk -in and client intake areas. The • security plan shall be subject to approval by the Chief of Police. TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • 6. Temporary aid centers will not provide facilities for overnight stays. 17.30.130 Hotels and motels. Sub - sections. A. Purpose. B. Applicability. C. City standards. A. Purpose. The purpose of the following provisions is to provide development, location, and operating standards for hotel and motel projects in the City of Rosemead. B. Applicability. The provisions in this Section shall apply to hotel and motel uses as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following City standards. C. City Standards. Hotels in the C -3, C-4, and CBD zones and motels in the C -3, and CBD zones shall be subject to the following conditions: 1. Lot Area. The minimum area of the parcel or lot shall not be less than thirty -nine • thousand (39,000) square feet. • 2. Lot Width. Each lot shall have a minimum frontage of not less than one hundred (100) feet on a major street as depicted on the circulation element of the general plan. 3. Maximum Coverage. The maximum lot coverage of all structures shall not exceed forty (40) percent of the total lot area. 4. Floor Area Ratio (FAR): a. The FAR of a hotel or motel development must be consistent with the land use designation in the General Plan. The General Plan permits additional FAR in the Commercial and High Intensity Commercial land use designations for hotels only. b. Hotels only in the Commercial or High Intensity Commercial land use designation in the General Plan may be developed up to a maximum permitted FAR of 1.0:1 if the projects meet the required development standards identified in the table below. 1) If a project in one of these land use designations does not meet all of the required amenity standards described in the table below, a maximum FAR of 0.35:1 shall be allowed. 2) A hotel project may substitute two (2) additional amenities from the table below for each required amenity. TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES' • • TABLE 17.30.110.2 Hotel and Motel Amenity Standards Required Amenities Motel Hotel Business Center Service* Not Required Required Complementary breakfast Not Required Required In -room wired or wireless high speed internal Not Required Required Additional Amenities: Mufti - function baliroom/meeting rooms Not Required Optional Restaurant or barAounge Not Required Optional Concierge desk Not Required Optional Convenience store/snack shop Not Required Optional Daycare services Not Required Optional Day spalsalon Not Required Optional Fitness Center Not Required Optional Florist or gift shop Not Required Optional Laundry Service Not Required Optional Pool or spa/Jacuzzi Not Required Optional Additional Amenities: (Continued) Motel Hotel Reception Lounge Not Required Optional Room Service Not Required Optional Self -service laundry Not Required Optional Valet Parking Not Required Optional Business Center Service includes guest access to centrally located computer, tax, and copy machine. 5. Number of Rooms. a. Hotels: Minimum fifty (50) Rooms b. Motels: No minimum. 6. Floor area per guest room: a. Hotels: Minimum four hundred (400) square feet b. Motels: Minimum three hundred (300) square feet c. For the purposes of this section the floor area per guest room shall be calculated by dividing the total gross floor area of the project by the total number of rooms. 7. InteriorJExterior Corridors: a. Hotels: Interior Corridors only is b. Motels: Exterior corridors permitted TITLE 17 —ZONING ARTICLE 3 — REGULATIONS FOR SPECIAL USES AND STRUCTURES • 8. Landscaping. A minimum of ten (10) percent of the total lot area is to be landscaped. 9. Yards. Side and rear yards, when abutting residentially zoned or used property, shall be not less than ten (10) feet from property line. 10. If requested by a motel /hotel operator /owner in applying for a conditional use permit, notwithstanding Section 5.42.030 of this Code, the owner /operator may rent rooms for extended periods exceeding thirty (30) consecutive days or thirty (30) days in any sixty (60) consecutive day period, as authorized by the conditional use permit. The right to rent rooms for extended periods as authorized by the conditional use permit shall be conditioned upon the owner /operator agreeing to pay and paying to the city at the time set forth in Section 3.16.070 for remission of transient occupancy tax payments, a payment in lieu of taxes in an amount equal to the transient occupancy tax that would otherwise be payable were the units occupied for less than thirty (30) days. In determining the number of units in a motelthotel complex that may be so occupied, the Planning Commission shall consider the following criteria: a. Whether or not the overall site design and the floor plans of individual rooms proposed are conducive to extended occupancy. b. Whether or not adequate parking and other amenities are provided to support extended occupancy. c. Whether or not the renting of rooms for more than thirty (30) consecutive days is • likely to lead to or, in the case of existing motels /hotels, has lead to, police problems due to the design of the motel /hotel and /or the nature of the surrounding area. In applying for the conditional use permit, the owner /operator shall determine the number and /or percentage of rooms to be offered for extended occupancy. The Planning Commission may approve the request as submitted or may establish an alternate number and /or percentage based upon the review of the above criteria, provided, however, that the number shall not be less than twenty (20) percent of the total number of rooms in the hotel or motel nor more than thirty (30) percent of the total number of rooms. 11. The owner and /or operator of any such hotel or motel shall have and maintain only one meter for each utility service to the entire use. 12. A hotel or motel may provide manager's quarters not to exceed one (1) dwelling unit, which complies with the minimum multifamily (R -3) standards as set forth in this Zoning Code. 13. Every hotel and motel shall have a security system designed to the satisfaction of the Chief of Police which shall include surveillance of arrivals, departures, and parking areas from the office and security hardware, cameras, alarms and lighting. 14. Every hotel and motel shall have an office with a registration desk, and the office shall be located in close proximity to the entry driveway to the street front. 15. Vehicles exceeding eighty (80) inches in width shall not be permitted to park in any • parking space required for motel customers. In addition to the parking spaces required for each guest room, every motel shall provide at least one designated recreational TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES ; vehicle parking space, which is a minimum of ten (10) feet by thirty (30) feet, for each • twenty -five (25) rooms in the motel complex. 16. Vehicles exceeding eighty (80) inches in width shall not be permitted to park in any required parking lot used exclusively for hotel customers. (Noncommercial) recreational vehicles or motor homes shall be permitted to park in such lots, if at least one designated recreational vehicle parking space, which is a minimum of ten (10) feet by thirty (30) feet, is provided for each twenty -five (25) rooms in the hotel complex. 17. Every hotel and motel shall be operated in compliance with the operational standards of Chapter 5.42 of this Municipal Code. 18. An economic feasibility study shall be submitted to the Planning Department for review and approval. The economic feasibility study shall be prepared by a professional who is familiar with preparation of such documents. The study shall include data to support a finding that there is a demonstrated need for the project and that the project will economically benefit the community as a whole. This section shall not apply to hotels and motels in existence on April 28, 1987 or to expansions allowed pursuant to Section 17.30.130.0.20 of this Title. 19. Conditional use permits granted for hotels and motels that were in operation on April 28, 1987, shall require compliance with subsections 1, 2, 3, 8, 9, 11 and 14 only to the extent that said requirements can be imposed without requiring significant and unduly expensive physical modifications to the property or structures of the motel or hotel • complex. 20. The floor area of an existing motel or hotel which has a valid conditional use permit may be increased one time up to 25% or 7,500 square feet, whichever is less. The expansion itself must meet the requirements of this Title related to setbacks, lot coverage, FAR, height, parking, security system requirements, and operational standards in accordance with Chapter 5.42 of this Municipal Code, but is not required to compensate for any deficiency or nonconformity in the original building or use. Expansions allowed by this section are allowed by right with no discretionary approvals, including but not limited to a Conditional Use Permit or Design Review, required. 17.30.140 Internet Cafes and Game Arcades. Sub - sections: A. Purpose. B. Applicability. C. City standards. A. Purpose. This Section provides location, development, and operating standards for Internet Cafes and game arcades. B. Applicability. The provisions in this Section shall apply to Internet Cafe' and Game Arcades as defined in • Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES i 21 • • (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following City standards. C. City standards. The following provisions shall apply to Intemet and Cyber Cafes and Game Arcades as defined in Article 1 and where allowed in compliance with this Chapter. No Internet or Cyber Cafois or Game Arcade use shall be established or maintained within a 500 -foot radius, as measured from the property line, of any park, school, other internet caf6 /arcade, or a public playground. 2. Adult- oriented business activities and /or uses are prohibited, unless specifically approved in compliance with the requirements of Chapter 17.56 (Adult Businesses). 3. Internet site blocking, for the purposes of restricting adult sites, shall be required. 4. Internet and Cyber Cafes and Game Arcades shall provide full -time adult attendants or supervisors, 21 years of age or older, at a ratio of at least one (1) attendant/supervisor for each ten (10) machines, plus one security guard for each twenty (20) machines or fraction thereof or as otherwise directed by the Community Development Director. 5. Hours of operation shall be limited to 8:00 A.M. to 10:00 P.M., Sunday through Thursday, and 8:00 A.M. to 12:00 A.M. midnight, Friday and Saturday, unless alternative hours are specifically approved through the Conditional Use Permit process. These hours of operation shall be posted in a conspicuous place to the satisfaction of the Community Development Director. 6. A person shall not enter, be, or remain in any part of an Internet and Cyber Cafe or Game Arcade while in the possession of, consuming, using, or under the influence of any alcoholic beverage or drug. a. No licensee or manager shall permit any person in possession of, consuming, using, or under the influence of any alcoholic beverage or drug to enter or remain on the premises. b. Signs shall be posted stating this condition to the satisfaction of the Community Development Director. Minors shall be accompanied by a parent or legal guardian after 10:00 P.M. and may not enter the facility during those times when any public school within the City is conducting its regular education program. Patrons who appear under the age of twenty five (25) shall present proper identification to verify their age before using the facility. Notice of these prohibitions shall be posted at the entrance to the satisfaction of the Community Development Director. 8. Adequate lighting shall be maintained inside the business and parking areas. An interior and exterior lighting plan shall be reviewed and approved by the Community Development Director before occupancy. • 9. No window(s) shall be obstructed, tinted, or otherwise covered during business hours. TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • 10. Establishments with internet access consisting of twenty five (25) percent or more of the gross floor area shall provide a waiting area with seating equal to one (1) seat for every four (4) computer stations. a. No waiting list may be maintained beyond the seating capacity of the waiting area. b. No outside waiting (loitering) or seating area shall be allowed and signs shall be posted stating this prohibition to the satisfaction of the Community Development Director. 11. The applicant shall submit and receive an approved plan from the Los Angeles County Fire Department. a. The plan shall address all exiting requirements of the Uniform Building and Fire Codes. b. This includes, but is not limited to, aisle locations and dimensions, equipment location, exiting, and panic hardware. 12. A security plan shall be subject to the review and approval of the Chief of Police. a. Security measures may include, but are not limited to additional security guards, background investigations of the business applicants, and surveillance video equipment. • 13. To minimize noise issues„ all computers shall utilize headphones with no external speakers allowed. • TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 23 • 17.30.150 Karaoke KTV studios. Sub - sections: A. Purpose. B. Applicability. C. City standards. A. Purpose. This Section provides development and operating standards for Karaoke KTV studios. B. Applicability. The provisions in this Section shall apply to Karaoke KTV Studio uses as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following City standards. C. City standards. Karaoke Studios are subject to the following conditions. 1. No alcoholic beverages to be served or allowed on the premises at any time. A sign reading "No Alcoholic Beverages Permitted" in lettering no less than four (4) inches in height and printed in English, Chinese, Cantonese or Mandarin, Vietnamese and Spanish shall be conspicuously posted at no less than two (2) locations inside the business. One such sign shall be posted at the registration /reservation area. In • addition, no less than two international symbol "No Drinking" signs shall be conspicuously posted at different locations inside the business establishment. 2. No person, other than bona fide employees, may occupy premises between two a.m. and eight a.m. • 3. All doors to Karaoke rooms shall remain unlocked and be incapable of being locked. The doors will have a minimum twenty-four (24) inch wide by thirty-six (36) inch high window in the upper half of the door. Each individual Karaoke room shall contain at least one other window as well. Full and unobstructed viewing into the room shall be maintained at all times. 4. The exterior door to each individual Karaoke room shall contain a conspicuously posted sign indicating the rated occupancy of the room pursuant to the Fire Code. 5. No persons under eighteen (18) years of age shall be allowed on the premises after ten p.m., unless accompanied by a parent or legal guardian. 6. The owner is responsible for maintaining a permanent register of all patrons by having each patron sign the register before allowing the use of a Karaoke room. The owner or his or her employee shall verify the identity of the patron by checking the patron's identification and legibly listing the full name of the patron in the register. 7. The owner of the establishment shall be strictly accountable for compliance with each condition imposed, whether or not the owner is personally present at the studio. TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • 8. The studio shall adhere to the City's noise ordinance provisions as set forth in Title 8, Chapter 8.36 of this Municipal Code. 9. Nonconforming properties shall achieve conforming status before becoming eligible for KTV Studio use. 10. Off - street parking shall be provided as set forth in Chapter 17.112 of this Zoning Code. 17.30.160 Large and small family day care facilities. Subsections: A. Purpose. B. Child day care — large family. C. Child day care — small family. A. Purpose. This Section provides standards for the location, development, and operation of both large and small family child day care homes in compliance with State law. B. Child day care — large family. 1, Purpose. This Subsection provides standards for the location, development, and operation of large family child day care homes for nine (9) to fourteen (14) children in • compliance with State law. 2. Applicability. The provisions in this Subsection shall apply to large family child day care homes, as defined by current State law, which shall be allowed in all residential zones in compliance with Article 2 (Zoning Districts, Allowable Land Uses, and Zone Specific Standards) and the following standards. 3. State and other regulatory requirements. These standards shall apply in addition to requirements imposed by the California Department of Social Services and other regulatory agencies (e.g., Los Angeles County Fire Department). 4. City standards. All large family child day care homes shall comply with all of the following City standards: a. Licensing. The operator of a large family child day care home shall obtain and maintain a valid license from the California Department of Social Services in compliance with California Code of Regulations, Title 22, Division 12 (Child Care Facility Licensing Requirements). b. Large family child day care home permit required. 1) Review of Permit — Community Development Director. An Administrative Use Permit shall be reviewed and either approved or denied by the Community Development Director in compliance with the provisions of Health and Safety Code Section 1597.46(a)(3), this Section, and Chapter 17.128. 2) Approval of permit. The permit may be approved only if the large family child day • care home complies with Health and Safety Code Section 1597.46(d), this TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • Section, all applicable City ordinances, and any regulations adopted by the State Fire Marshall. c. Care provider's residence. The large family child day care home shall be the primary residence of the care provider, and the use shall be clearly residential in character and shall be incidental and accessory to the use of the property as a residence. d. Fences or walls required. 1) A six (6) foot high solid decorative fence or masonry wall shall be constructed and properly maintained along all property lines or around the area where outdoor care is provided (as deemed appropriate by the Community Development Director), except in the front setback area, in compliance with the requirements of Chapter 17.68 (Fences, Walls, and Landscape Screening). 2) Fences or walls shall provide for safety with controlled points of entry. e. Play area and equipment. Outdoor play area(s), including all stationary play equipment, shall be located in the rear area of the parcel. f. Separation. 1) A large family child day care home proposed within a residential zone shall not be located within a three hundred (300) foot radius of another large family child day care home, other day care facility, or group home facility, disregarding the corporate boundary of the City. 2) The Community Development Director may allow more than one (1) large family • child day care home within three hundred (300) feet of any another similar facility specified in Subparagraph (a), above, if the applicant first demonstrates one of the following to the satisfaction of the Community Development Director: a) Any existing large family child day care home located within three hundred (300) feet is at capacity; or b) The need exists for a particular or unique service not provided by an existing facility specified in Subparagraph (a), above, located within three hundred (300) feet of a proposed large family child day care home. g. Drop -off /Pick -up areas, and use of garages. 1) A minimum of two (2) off - street parking spaces shall be provided as a drop -off and pick -up area. The spaces shall be in addition to those required for the dwelling unit in compliance with Chapter 17.112 (Off- Street Parking and Loading). A driveway may be used to provide the spaces; provided, the City Engineer approves the arrangement based on traffic and pedestrian safety considerations. 2) A passenger loading plan shall be required to minimize noise and parking issues to the maximum extent possible. 3) A facility located on a through street classified as a collector or arterial street shall provide a drop -off and pick -up area that does not require backing into the street. 4) Garages shall not be used as a family child day care play area unless alternative on -site covered parking is available to meet minimum residential parking requirements. If alternative onsite parking is provided within a new enclosed garage, the existing garage shall be improved to meet Building and Fire Code • regulations as a habitable space. TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES ; 26 • h. Noise. In order to protect adjacent residential dwellings from noise impacts, a large family child day care home located within a residential zone may only operate a maximum of seventeen (17) hours each day between the hours of 6:00 A.M. and 11:00 P.M. and may only conduct outdoor activities between the hours of 7:00 A.M. and 9:00 P.M. No exterior evidence. There shall be no exterior evidence, advertising, or signage identifying the large family child day care home. Inspection required. 1) Before commencing operation of a large family child day care home, the City Building Inspector shall conduct an inspection of the premises on which the large family child day care home is to be operated to ensure that there is no unpermitted building, electrical, and /or mechanical improvements to the property. 2) The property owner shall obtain and finalize all required building permits for all unpermitted construction on the premises before commencing the onsite operation of a large family day care home. k. Issuance of Large Family Day Care Home Administrative Use Permit. The Community Development Director shall issue the Large Family Day Care Home Administrative Use Permit before the operation of the large family child day care home begins, once the operator has demonstrated compliance with Health and Safety Code Section 1597.46(d), this Section, all applicable City ordinances, and any regulations adopted by the State Fire Marshall. • C. Child day care home — small family. • 1. Purpose. This Subsection provides provisions for the location and operation of small family child day care homes for eight (8) or fewer children in compliance with State law. 2. Applicability. The provisions in this Subsection shall apply to small family child day care homes, as defined by current State law, where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses, and Zone Speck Standards) and the following standards. 3. State requirements. a. These provisions shall apply in addition to requirements imposed by the California Department of Social Services. b. The operator of a small family child day care home shall obtain and maintain a valid license from the California Department of Social Services in compliance with California Code of Regulations, Title 22, Division 12 (Child Care Facility Licensing Requirements). 4. Permitted by right. As required by State law (Health and Safety Code Section 1597.30 et seq. Small family child day care homes (eight (8) or fewer children) shall be considered a residential use of property and shall be an allowed use, permitted by right, within a residence located in a residential zone with no City land use permits required. TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • 17.30.170 Outdoor dining. Sub - sections: A. Purpose. B. Applicability. C. City standards. A. Purpose. This Section provides locational, developmental, and operational standards for outdoor dining area(s) located on private property as an accessory use to a legally established restaurant. B. Applicability. The provisions in this Section shall apply to outdoor dining area(s) as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards). C. City standards. 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 be a minimum of ten (10) feet from the nearest transit stop. 3. 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. 4. 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 shall compliment the design of the building and prevent passing or carrying alcoholic beverages outside the restaurant seating area and a sign shall be posted. 17.30.180 Recycling facilities. Sub - sections: A. Intent and purpose. B. Permit required. C. Applicability. D. Location, development, and operation standards. A. Intent and purpose. It is the intent and purpose of this section to encourage the recycling of reusable materials and provide convenient service locations for the citizens of the community as mandated by • State law. It is also the intent of this section to establish minimum standards of development in order to insure compatibility of recycling facilities with the surrounding land uses to protect TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • surrounding property values, and to maintain the health, safety and general welfare of the community. This Section provides location, development, and operation standards for various types of recycling facilities (e.g., reverse vending machine(s) and small collection facilities). B. Permit required. No firm, person, or corporation shall permit the placement or installation of any recycling facility without first obtaining either an Administrative Use Permit or Conditional Use Permit from the City pursuant to the provisions set forth in this Section. C. Applicability. The provisions of this Section shall apply to recycling facilities as defined in Article 1 (Purpose and Applicability of Zoning Code) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following standards. D. Location, development and operation standards. Recycling facilities shall comply with the following requirements. 1. Reverse vending machines. Reverse vending machine(s) intended solely for recycling purposes shall be allowed in compliance with all of the following standards. a. Reverse vending machines shall be installed as an accessory use in conjunction with a principal commercial use or community service facility which is in compliance with • the zoning, building, and fire codes of the City. b. If located inside a primary structure, the machines shall be within thirty (30) feet of the entrance and shall not obstruct pedestrian circulation. • c. If located outside the primary structure, the number of machines shall be limited to a maximum of two (2). The machines shall not occupy required parking spaces, shall be constructed of durable waterproof and rustproof materials(s), and shall be placed in a manner that is properly designed and constructed in terms of architectural treatment and security from vandalism, subject to the approval of the Community Development Director. d. Reverse vending machines shall not occupy parking spaces required by the primary use. e. Reverse vending machines shall occupy no more than fifty (50) square feet of floor space per installation, including any protective enclosure, and shall be no more than eight (8) feet in height. f. The area in front of the machines shall be illuminated to ensure comfortable and safe operation, if operating hours are between dusk and dawn. g. The machines shall have operating hours which are consistent with the operating hours of the principal use. TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • h. Reverse vending machines shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperable. i. The facility shall have a sign area of a maximum of four (4) square feet per machine, exclusive of operating instructions. j. The area surrounding the reverse vending machines shall be maintained in a clean, litter -free condition on a daily basis. A trash container shall be located near the machine to prevent littering. 2. Small collection facilities. The following standards shall be applicable to small collection facilities. a. Small collection facilities shall be established in conjunction with an existing commercial use or community service facility which is in compliance with the zoning, building, and fire codes of the City. b. Small collection facilities shall not exceed two hundred (200) square feet in area, not including space periodically used for removal of materials or exchange of containers. c. Small collection facilities shall be set back at least (10) feet from any public right -of- way and shall not obstruct pedestrian or vehicular circulation. d. The facility shall not be located within one hundred (100) feet of any parcel zoned or • occupied for residential use. e. Small collection facilities shall accept only glass, metals, plastic containers, which have a CRV value, and other household beverage containers (i.e., plastic milk containers, wine bottles, etc.) Small collection facilities shall not use power - driven processing equipment except for reverse vending machines. _ g. Small collection facilities shall use containers that are constructed and maintained with durable waterproof and rustproof material. All recycled items shall be stored within a fully enclosed structure which is designed and constructed to ensure against unauthorized removal of items or in the mobile unit. The containers within the structure or mobile unit shall be of a capacity sufficient to accommodate the items collected and the collection schedule. Outdoor storage of recycled items shall be prohibited. h. The fully enclosed structure, the containers, and any site fencing shall be of a color and design that would be compatible and harmonious with the character of their location, subject to the review of the Community Development Director. Landscaping and other appropriate screening may be required on a case -by -case basis as a condition of the permit. i. Containers shall be clearly marked to identify the type of material which may be • deposited. The facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation. A notice shall also be TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES displayed stating that no material shall be left outside the recycling enclosure or containers. Signs may only be provided as follows: 1) Recycling facilities may have identification signs with a maximum area of fifteen (15) percent for each side of the structure or twelve (12) square feet, whichever is greater. 2) Signs must be consistent with the character of the location. 3) Directional signs that contain no advertising message may be installed with the approval of the Planning Division if necessary to facilitate traffic circulation, or if the facility is not visible from the public right of -way. k. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present. The mobile recycling units shall only be parked within the marked area. Small collection facilities shall be maintained free of litter and any other undesirable materials. The area used for mobile facilities shall be swept at the end of each collection day. m. Noise levels shall comply with the noise standards of this Code. n. The facility shall not impinge upon or disturb the required landscaping for the principal use on the property. • o. If the facility has an attendant, one parking space will be required in addition to the required parking for the principal use. No additional customer parking spaces will be required. • p. Small collection facilities and any required attendant parking may occupy required parking spaces associated with the principal use on the site only if the following conditions are met. The maximum number of spaces, if such a reduction in required parking is allowed, is indicated in Table 17.50.040.1 (Reduction of Available Parking Spaces). 1) The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation. 2) A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site. 3) The permit for the recycling facility will be reconsidered at the end of six (6) months. q. If the permit expires without renewal, the collection facility shall be removed from the site on the day following permit expiration. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES ; E • TABLE 17.30.190.1 REDUCTION OF AVAILABLE PARKING SPACES In Conjunction with Commercial Principal Use Number of Available Parking Spaces IF aximum Reduction in Required Parking 0-25 0 26-35 2 36-49 3 50-99 4 100+ 5 In Conjunction with Community Facility Principal Use Maximum reduction of 5 spaces 3. Large collection facilities. Large collection facilities shall meet the following standards: a. Shall beat least one hundred (100) feet away from any property zoned or occupied for residential use. b. Large collection facilities shall be screened from the public right -of -way by operating within an enclosed building or within an area enclosed by a solid, decorative, block wall at least six (6) feet in height. All applicable noise standards stipulated in this Code shall be met. If a block wall enclosure is used, it shall be set back at least ten (10) feet from property line and the setback area shall be permanently landscaped and maintained. c. All exterior storage of material shall be in either baled or palletized form, or in sturdy containers which are covered, secured and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. No storage, excluding truck trailers or overseas containers, may be visible over the height of the block wall. d. The site shall be maintained free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis. A trash container shall be located near the facility to prevent littering. e. Parking and turn - around space shall be provided on -site in an amount adequate to • serve the anticipated peak customer load or five (5) vehicles, whichever is higher, to circulate and to deposit recyclable material. TITLE 117 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • f. One (1) parking space for each employee and each vehicle operated by the recycling facility shall be provided on -site. The parking area thus created shall be exclusive of the circulation /drop -off area. g. Noise levels shall comply with the noise standards of this Code. h. If the facility is located within five hundred (500) feet of property zoned or planned for residential use, it shall not be in operation between the hours of 7:00 p.m. and 7:00 a.m. i. Any containers provided for after -hours donation of recyclable materials shall be at least one hundred (100) feet from any property zoned or occupied for residential use. The containers shall be of sturdy, rustproof construction, shall be of sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials. j. Donation areas shall be kept free of litter and any other undesirable material, and the container shall be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers. k. The facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation. Identification and informational signs shall meet • the standards of the zone, and directional signs, bearing no advertising message, may be installed with the approval of the Community Development Director, if necessary to facilitate traffic circulation, or if the facility is not visible from the public right -of -way. • TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • 17.30.190 Second dwelling units. Subsections: A. Purpose. B. Second dwelling unit— definitions. C. Single -story second dwelling units — requirements. D. Second-story/two-story second dwelling residential units. E. Revocation. F. Existing second dwelling units. A. Purpose. The purpose of this section is to implement Government Code Section 65852.2 which allows the City to adopt a second dwelling unit ordinance in lieu of being subjected to the State requirements for such units. Notwithstanding any other provision of this Zoning Code to the contrary, the provisions in this section shall govern the development of second dwelling units in the City of Rosemead. B. Second dwelling unit — definitions. As used in this section: "Second Dwelling Unit" means a detached or attached dwelling unit that provides complete independent living facilities for one or more persons. It includes permanent • provisions for living, sleeping, eating, cooking and sanitation on the same parcel as where existing qualified primary dwelling unit is situated. "Single -story Second Dwelling Unit" means a second dwelling unit that is no higher than fifteen (15) feet from ground level. Second dwelling units shall not be considered to be an accessory structure. C. Single -Story Second Dwelling Units — Requirements. 1. In an R -1, R -2 or R -3 zone, an attached or detached one -story second dwelling unit shall be permitted by the Community Development Director or the Community Development Director's designee subject to an administrative site plan and design review approval if the application meets all of the following requirements set forth in this section. 2. The one -story second dwelling unit shall: a. Be located on a residential lot that meets the following minimum lot size and which has only one existing single - family unit thereon: 1) R -1 zone— six thousand (6,000) square feet 2) R -2 zone— six thousand (6,000) square feet 3) R -3 zone — five thousand (5,000) square feet 3. Be a permanent structure on a permanent foundation and contain accommodations for living, sleeping, eating, cooking and sanitation separate from the primary dwelling on the • same lot. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES j 34 • 4. Have no more than two bedrooms. 5. , Be no smaller than four hundred (400) square feet for an efficiency unit and five hundred and fifty (550) square feet for a one (1) or two (2) bedroom unit. 6. Be no larger than thirty (30 %) percent of the size of the living space of the primary structure or eight hundred (800) square feet, whichever is smaller. In cases where thirty (30 %) percent of the primary dwelling unit is less than or equal to four hundred (400) square feet, then one (1) four hundred (400) square foot efficiency unit shall be permitted. 7. Be restricted so that one (1) of the two (2) units on the property is always owner - occupied. A recorded covenant shall be provided prior to the occupancy of the second dwelling unit providing such notice and further providing that the second dwelling unit shall be a legal unit so long as either the main dwelling unit or the second dwelling unit is occupied by the owner of record of the property and providing that this restriction shall be binding upon a successor ownership of the property. 8. If detached, be no closer than ten (10) feet to any other building on the lot, including the primary residential unit, nor closer than fifteen (15) feet from a building on an adjacent lot. 9. Have windows and doors placed such so that privacy of adjacent lots is not impinged. Windows shall be above eye level, shall face toward the existing primary residence or • the street, or shall be screened from view from adjacent lots. 10. Not result in or contribute to a floor area ratio greater than what is permitted in the zone in which it is located. 11. Not be higher than the primary unit, unless it is an attached second -story second unit, in which case it is subject to the conditional use second unit permit provisions. 12. Have four hundred (400) square feet of usable outdoor living area with a minimum dimension of fifteen (15) feet in any direction and not including parking areas, driveways, front or rear setback areas, or outdoor living area required for the primary residential unit on the lot. 13. Be permitted only when the primary unit has the parking required by this Title. 14. Have one (1) enclosed parking space for an efficiency or one (1) bedroom unit, and two (2) enclosed spaces for a two (2) bedroom unit. 15. Meet the setback and lot coverage requirements of the zone in which it is located. 16. Not be sold separately from the primary unit. 17. Be subject to all single - family development fees and permits. 18. Meet the following design criteria: • a. Be of the same architectural style as the primary unit. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES ' 35 • b. Match the primary unit in materials, colors, types of windows, doors, trim, proportions, amount of roof overhang, architectural embellishments, roof shape, and quality, although proposed higher quality materials shall be allowed. c. Have its own entrance, but its entrance shall not be oriented to the street or otherwise change the single - family appearance of the primary structure. d. Have its outdoor living area and immediate surroundings landscaped. D. Second- Story/Two -Story Second Dwelling Units — Requirements. In an R -1, R -2 or R -3 zone, a Conditional Use Permit may be granted for the construction of a second -story or two -story second dwelling unit provided the following additional findings are met. A second -story or two -story second unit, whether attached or detached, shall meet the following requirements. Unless modified by this section, meet all standards for one -story units listed in Section 17.30.190.C, except that setbacks shall be those applicable to primary dwelling units of the residential district in which the lot is located. 2. Not have stairs that are visible from a street or shall have stairs that are screened from view. 3. Not have its door visible from the street in single - family neighborhoods, and generally • shall not create an appearance out of character with the single - family nature. 4. Have an upper story that is smaller than the lower story to decrease the bulk and mass of the building and add architectural character. The square footage of the upper story shall be at least ten percent (10 %) less than the lower story. 5. If a detached unit, be no higher than the primary unit. 6. If on an alley, may be allowed tandem parking within a garage as an option if tandem parking will result in a unit that (a) faces the alley and (b) has a garden or landscaped area facing the alley. This provision is intended to be an incentive for making the alley an attractive living environment and a secondary street. 7. Have its architectural character, design, style, massing, height, construction materials, trim, and color in harmony with the primary unit and the surrounding neighborhood. 8. Not cause excessive noise, traffic, parking or overloading of public facilities or infringe upon the privacy of adjacent residences. 9. Not invade privacy, cast excessive shade on adjacent properties or reduce light available for solar energy. E. Revocation. The Community Development Director shall have the authority to revoke a second dwelling unit permit and the Planning Commission shall have the authority to revoke a conditional • use second dwelling unit permit if one or more of the requirements of this chapter are no longer met. The decision of either the Community Development Director or the Planning TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • Commission may be appealed to the City Council in accordance with the procedures set forth in this code. F. Existing Second Dwelling Units. Second dwelling units which have been previously approved shall be allowed to remain in existence as a legally established nonconforming use. This section shall in no way validate any existing illegal second dwelling unit. 17.30.200 Single room occupancy (SRO). Sub - sections: A. Purpose. B. Applicability. C. City standards. A. Purpose. This Section provides development and operating standards for Single Room Occupancy (SRO) developments. B. Applicability. The provisions in this Section shall apply to SRO developments as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following City • standards. C. City standards. All SRO developments shall meet the following location and operational standards. 1. SRO developments may be on any parcel in the R -2 (Light Multiple Residential) zone, R- 3 (Medium Multiple Residential), commercial zones, or industrial zones, except that no SRO development will be permitted on any lot that abuts the R -1 (Single - Family Residential) zone. 2. SRO developments shall be located no closer than three hundred (300) feet to another single room occupancy development. 3. SRO units shall be efficiency units that may include a complete private bath and kitchen but do not have a separate bedroom. The maximum size for an SRO unit shall be five hundred (500) square-feet. 4. A minimum lot size of eighteen thousand (18,000) square feet and a minimum street frontage of ninety (90) feet is required for the development of any new SRO development. 5. Single room occupancy developments shall not exceed a density of one thousand seven hundred fifty (1,750) square feet of net lot area for each unit. 6. At least one (1) common bathroom shall be provided for every six (6) units, unless • private bathrooms are provided for some or all units. Any unit with a private bathroom shall not be counted toward the six (6) units for which a common bathroom is required. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • 7. Each SRO development shall have a common open space area totaling a minimum of one hundred (100) square feet per unit. 8. Each SRO development shall have a front yard of not less than fifteen (15) feet. 9. Each SRO development shall have aside yard of not less than ten (10) feet. On corner lots the side yard of the side street shall be not less than ten (10) feet. 10. Each SRO development shall have a rear yard of not less than twenty (20) feet. 11. Garbage and rubbish collection areas shall be provided in accordance with Chapter 17.32 (Accessory Structures). 12. Adequate laundry facilities shall be available on the premises, with not less than one (1) washer /dryer per six (6) units. 13. Average income of residents in the development shall be no more than forty percent (40 %) of the area median income. 14. The development shall be subject to a covenant recorded with the County Assessor's Office stating that the units shall be subject to these income restrictions for a minimum period of 55 years. 15. New construction projects for seniors shall not qualify as SRO housing. • 16. Off - street parking shall be provided at the rate of 0.5 parking space per unit, plus one (1) parking space for on -site management. E 17. SRO developments shall have full -time on -site management. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • Chapter 17.32 ACCESSORY STRUCTURES Sections: 17.32.010 Purpose and applicability. 17.32.020 Permit requirements. 17.32.020 Accessory structures in residential zones. 17.32.030 Accessory structures in non - residential zones. 17.32.040 Solid waste and recyclable materials storage areas. 17.32.010 Purpose and applicability. This Chapter establishes standards for the development and use of all accessory structures that are necessarily or customarily incidental to an allowed primary use. The development standards are intended to ensure that accessory structures located in any zone do not adversely impact adjacent parcels or the surrounding neighborhood. Any permitted accessory structure that does not require a City of Rosemead Building Permit, must meet the minimum requirements of this Code for use, placement on a parcel, height, and size. 17.32.020 Permit requirements. The construction and /or relocation of an accessory structure shall require Site Plan and Design • Review in accordance with Chapter 17.136 (Site Plan and Design Review), in addition to any building permits required by the Building and Safety Division. 17.32.030 Accessory structures in residential zones. A. Residential accessory structures defined. "Residential accessory structure" means an attached or detached structure that is a part of, and clearly incidental and secondary to, a residence and that does not change the character of the residential structure. Does not include second dwelling units. Illustrative examples of these structures include: • Decks. • Fences. • Garages. • Gazebos. • Greenhouses (noncommercial). • Outdoor play equipment. • Patios. • Platforms. • Porches. • Spas and hot tubs. • Storage or work sheds. • Swimming pools. • Tennis and other on -site sport courts. • Terraces. • • Walls. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • • Workshops. B. Requirements for residential accessory structures. Size. The maximum size for a detached accessory structure shall be seven hundred and fifty (750) square feet. The square - footage of fully enclosed, attached accessory structures (i.e. workshops, storage sheds, but not including residential garages) shall be counted towards the maximum Floor Area Ratio. Unenclosed attached accessory structures shall have no size limitation, provided that residential setback requirements are satisfied. 2. Height. Detached accessory structures shall be limited to one (1) story in height and any attic shall be less than five (5) feet in height and not habitable. Attached accessory structures are allowed to have a habitable second story if the living space is accessible from within the residence and there is no separate outside entrance to the living space. 3. Location. a. There shall be a minimum distance of six (6) feet between detached accessory structures and between a main building and an accessory structure. b. No detached accessory structure shall be located within three (3) feet of an interior property line. • c. Detached accessory structures shall be located in the rear half of the lot, excluding detached garages, which shall not extend into the required front setback for the main building. d. On a corner lot no accessory buildings shall be located less than twenty (20) feet from the side street line. e. On reverse corner lots, accessory structures located on the rear twenty five (25) feet of the lot shall not extend beyond the required front yard of the abutting key lot. When the slope of the front half of a lot is greater than a one (1) foot rise or fall in a horizontal distance of four (4) feet from the established street elevation at the front property line, one attached or detached garage may be permitted to occupy the required front yard of an interior lot. However, no portion of any such garage shall be less than five (5) feet from the side or front property line and the garage shall not exceed ten (10) feet in height. g. Portable shade structures shall not be located in a side or front yard. Temporary, portable shade structures may be permitted in the rear yards, subject to the approval of a site plan approval, provided that they are not visible from the public right -of -way, that they meet all applicable setback and height requirements for accessory structures and that they do not obstruct access to required parking. Such temporary structures shall be maintained in good condition. Torn fabric, bent or broken support members shall be replaced or repaired as needed. Any temporary structure maintained in disrepair shall be repaired, replaced, or removed from the site. • Reflective, mirror -type material is prohibited. Temporary structures are subject to building coverage requirements and shall be included in the maximum lot coverage. TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • h. In the R -3 zone there shall be a minimum distance of fifteen (15) feet measured horizontally between a swimming pool and the nearest point of a 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. 4. Garages. The capacity of a garage shall not exceed three (3) automobiles and seven hundred and fifty (750) square feet per dwelling unit. 5. Architectural consistency. All accessory structures on a permanent foundation shall be consistent in exterior appearance with the primary structure through the use of similar /matching exterior paint colors, material types, and architectural styles. 6. Site plan review. A site plan review shall be required for any accessory structure greater than one hundred and twenty (120) square feet, whether the total area is in one building or cumulatively in multiple buildings, including storage structures and workshops but not including required garages. 17.32.040 Accessory structures in non - residential zones. A. Height adjacent to residential zones. In all zones, accessory structures shall not exceed a height of fifteen (15) feet, when located within between a residential property line and the variable height measuring point, as illustrated in the Variable Height Diagrams in Section 17.08.050(J), provided that the • minimum building setback requirements in the underlying zone are satisfied. B. Architectural consistency. All accessory structures on a permanent foundation shall be consistent in exterior appearance with the primary structure through the use of similar /matching exterior paint colors, material types, and architectural styles. 17.32.050 Solid waste and recyclable materials storage areas. Design and construction of storage waste areas shall be subject to the approval of the Community Development Director or his/her designee. The following are minimum standards: A. Architectural design. Enclosed solid waste collection areas shall be conveniently located and shall be an integral part of the architectural development of properties with three (3) or more residential units and all properties with non - residential development. The enclosure areas shall be of the same architectural style of the development by the use of colors, materials, and design. B. Minimum dimensions. Enclosure dimensions shall be a minimum of six feet six inches (6' -6 ") in depth by ten feet eight inches (10' -8 ") in width for single bin enclosures, and a minimum of six feet six inches (6-6 ") in depth by 18 feet eight inches (18' -8 ") in width for double bin enclosures. Trash enclosures shall be constructed with reinforced masonry block walls not less than six (6) feet in height and shall be equipped with self - closing, solid, doors and a solid roof. The roof should provide adequate clearance to allow complete access of waste bins. The enclosure • shall be designed to accommodate individual bins or containers that protect contents from adverse environmental conditions that might render recyclable materials unmarketable. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • C. Location. No trash enclosure shall be located in any required parking stall, vehicle back -up aisle, or required landscaped area. • 11 D. Adequate vehicular access to and from the solid waste collection area shall be provided. E. Solid waste collection areas shall be maintained in a closed manner at all times to prohibit the visibility from public right -of -way or adjacent property. Doors shall be properly secured to prevent access by unauthorized persons and minimize scavenging, while allowing authorized persons' access for disposal and collection of materials. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 42 • Chapter 17.36 CONDOMINIUMS AND CONDOMINIUM CONVERSIONS Sections: Permitted zones. 17.36.010 Intent and purpose: 17.36.020 Applicability. 17.36.030 Definitions. 17.36.040 Permitted zones. 17.36.050 Procedure and submittal requirements. 17.36.060 Development standards. 17.36.070 Condominium conversions. 17.36.010 Intent and purpose. 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. 17.36.020 Applicability. 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. 17.36.030 Definitions. "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. • TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES i 43 • "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. 17.36.040 Permitted zones. 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. 17.36.060 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: TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES ! • 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: 1) 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). TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES i • 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. 17.36.060 Development standards. 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 17.32.060.1. (Residential Condominium Floor Area Requirements). 2. Each bedroom shall be a minimum of one hundred and sixty (160) square feet, and not less than twelve (12) feet in any direction. TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES ; • TABLE 17.32.060.1 RESIDENTIAL CONDOMINIUM FLOOR AREA REQUIREMENTS Unit Type Minimum Floor Area Studio Unit 600 square feet One Bedroom Unit 650 square feet Two Bedroom Unit 800 square feet For Each Additional Bedroom An additional 200 square feet 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: 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. 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. TITLE 17— ZONING ARTICLE 3— REGULATIONS FOR SPECIAL USES AND STRUCTURES • 3. Appropriate lighting shall also be installed within all covered and /or enclosed parking areas. 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 (2.5) feet by two and one half (2.5) feet and eight (8) 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 17.64 (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 (2) fully enclosed parking spaces per dwelling unit. (2) One (1) guest parking space per every two (2) dwelling units. (3) One -half (1/2) guest parking space shall be provided for each additional bedroom in dwelling units containing more than three (3) 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. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • (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 (3) 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 -of- way 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 (4) inch AC over six (6) inch base material crushed aggregate, or six (6) 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). • 17.36.070 Condominium conversions. 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 then 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. • TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 149 Chapter 17.42 MOBILE HOMES AND MANUFACTURED HOUSING • Section: 17.42.010 Manufactured housing requirements. 17.42.010 Manufactured housing requirements. A. Manufactured housing may only be used for a single - family dwelling. A manufactured housing unit shall be considered a single - family dwelling and is subject to the Residential District Development Standards identified in Chapter 17.12 (Residential Zoning Districts). B. Foundation required. A manufactured home shall be installed and maintained upon a permanent, continuous, exterior, masonry, or concrete foundation. C. Design standards. All manufactured housing units shall comply with the site design and architectural standards set forth in Section 17.12.030.B.h (R -1 and R -2 Design Standards). D. Roofs on manufactured housing shall include a roof overhang with eaves. • E. Flat roofs are not permitted. A minimum roof pitch of four (4) to twelve (12) is required. CJ F. Manufactured housing may be prohibited. The Community Development Director, pursuant to Section 65852.3(a) of the California Government Code, shall have the authority to preclude the installation of a manufactured housing unit if the manufactured housing unit was constructed ten (10) or more years prior to the date of the application for permit issuance to install the manufactured housing unit. TITLE 17- ZONING ARTICLE 3- REGULATIONS FOR SPECIAL USES AND STRUCTURES 150 . Chapter 1 Sections: 17.46.010 17.46.020 17.46.030 17.46.040 17.46.050 7.46 MOBILE HOME PARKS & PARK CONVERSIONS Definitions. Exemptions. Applicability. Required improvements and standards. Mobile home park conversions. 17.46.010 Definitions For the purpose of carrying out the intent of this section: "Applicant" means the person(s), firm(s), entity(ies) or corporation(s) applying for any application for the purpose of converting, changing to another use, closing, or ceasing to use land as a mobile home park. If the owner of the controlling interest in a mobile home park is not the applicant, then the applicant must provide evidence of the controlling owner's consent to the filing of the application. "Cessation of Use of Land as Mobile Home Park" means a decision by the owner(s) of a mobile home park to discontinue the use of the property as a mobile home park which was not the result of an adjudication of bankruptcy. "City Council" means the City Council of the City of Rosemead or its designated advisory body. "Commercial Modular", as defined in the Health and Safety Code Section 18001.8, means a structure transportable in one or more sections, designed and equipped for human occupancy for industrial, professional, or commercial purposes, which is required to be moved under permit, and shall include a trailer coach as defined in Section 635 of the Vehicle Code. "Commercial Coach" has the same meaning as "commercial modular" as that term is defined in this section. "Comparable Housing" means housing that is equivalent in terms of amenities, condition, location, price and size (floor area and number of bedrooms) to the mobile home to which comparison is being made. "Comparable Mobile Home Park" means a mobile home park that is equivalent in terms of amenities, condition, location and rental price to the mobile home park to which comparison is being made. "Conversion Impact Report" means a report, meeting the requirements of this section, describing (i) the impacts of a mobile home park conversion on affected mobile home owners and residents; and (ii) the measures that will be taken to mitigate adverse impacts of such conversion on affected mobile home owners and residents. • "Conversion of a Mobile Home Park" means changing the use of a mobile home park for a purpose other than the rental, or the holding out for rent, of two or more mobile home sites to TITLE 17 - ZONING . ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • accommodate mobile homes used for human habitation. Such a conversion may affect an entire mobile home park or any portion thereof. A conversion shall include, but is not limited to, a change of any existing mobile home park or any portion thereof to condominium, stock cooperative, planned unit development, or any form of ownership wherein spaces within the mobile home park are to be sold, and the cessation of use of all or a portion of the park as a mobile home park, whether immediately or on a gradual basis, or the closure of the park. "Conversion" shall not include the purchase of the park by its existing residents. The provisions of Government Code Section 66427.5 shall apply in that circumstance. "Enforcement Agency" means the Community Development Director of the City or a duly appointed representative. "Mobile Home" means a trailer, transportable in one or more sections; that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974; that is over eight feet in width and forty (40) feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory-built housing. A mobile home on a permanent foundation is included under the definition of "Single -unit dwelling." "Mobile Home Owner" means the registered owner or owners of a mobile home, who has a tenancy in a mobile home park under a rental or lease agreement. "Mobile home park" as used in this section, shall have the same meaning as defined in the • Health and Safety Code Section 18214. "Mobile Home Park Owner" or "Park Owner" means the owner, lessor, operator or manager of a mobile home park in the City of Rosemead. "Mobile Home Resident" or "Resident" includes the following: the registered owner or owners of a mobile home, who has a tenancy in a mobile home park under a rental or lease agreement (whether or not the owner(s) occupy such mobile home) or a member of the immediate household of the mobile home owner (provided such member resides within the mobile home), a person who occupies a mobile home within a mobile home park pursuant to a bona fide lease or rental agreement with the mobile home owner and who, during his or her tenancy, was not the owner or member of the immediate household of the mobile home owner. "Mobile Home Space" means any area, tract of land, site, lot, pad, or portion of a mobile home park designated or used for the occupancy of one mobile home. "Park" means any plot of ground, area or tract of land upon which two or more mobile homes are located and occupied for dwelling or sleeping purposes whether or not a charge is made for such accommodations. This subsection shall not be construed to include automobile, motor home, or mobile home sales lots on which unoccupied vehicles are parked for the purposes of inspection and sale. "Trailer Park" means an area of land where two or more trailer spaces are rented, or held out for rent, to accommodate trailers used for human habitation, and where the predominant • number of spaces is occupied for nine or more consecutive months. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 52 • 17.46.020 Exemptions. The requirements of this section shall not apply to mobile home parks in existence at the time of the adoption of this section unless such mobile home park desires to increase the number of mobile home spaces. In such event, the park shall be required to apply for an administrative use permit and comply with each of the requirements of this section. 17.46.030 Applicability. The provisions of this Section shall apply to Mobile Home Parks and Park Conversions as defined in Section 17.46.010 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards). 17.46.040 Required improvements. Construction of mobilehome parks are subject to the California Code of Regulations, Title 25, Division 1 and operation of a mobilehome park is subject to the California Civil Code Section 798 ( Mobilehome Residency Law) and the California Health and Safety Code Section 18000 (Mobilehomes- Manufactured Housing Act of 1980). The City of Rosemead will not grant occupancy until applicant submits proof that all requirements of the State law and the following City development standards have been satisfied. A. Mobile Home Space Minimum. Each mobile home space shall consist of at least three thousand (3,000) square feet. B. Recreation Area. • At least one hundred (100) square feet of the park shall be devoted to recreational uses for each dwelling unit. Any structure devoted to recreational uses shall be permanent and may not consist of a mobile home. 17.46.050 Mobile home park conversions. A. Purpose. The purpose of this section is to provide regulations for the conversion, closure, or cessation of use of mobile home parks, which assures that no undue financial hardship to residents are incurred by mobile home park conversion, while recognizing the rights of park owners to pursue changes in land use. B. Conversion impact report required. Any applicant for a conversion of a mobile home park to any other use as defined by the section shall be required to submit a Conversion Impact Report to the Community Development Director or his designee at the same time notice of the change of use is given to mobile home resident(s) per Civil Code Section 798.56, which is not less than twelve (12) months prior to the park owner's planned change of use. C. Notification of the mobile home park residents. Upon providing a Conversion Impact Report, the Community Development Director or his designee(s) shall inform the applicant of the requirements of Civil Code Section 798.56 and Government Code Section 65863.8 regarding notification of the mobile home park residents concerning the proposed conversion. The Community Development Director or his • designee(s) shall specify in writing to the applicant the information that must be submitted in order to adequately notify all existing residents as required by the California Government TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES j • Code, the California Civil Code, and this section. Notification, including a copy of the Conversion Impact Report, to residents and mobile home owners shall be made at least fifteen (15) days prior to any hearing on the application. No hearing on the application shall be held or any other action on the application taken until the applicant has provided to the City satisfactory verification that the required notice has been provided. D. Review of the conversion impact report. No public hearing on the Conversion Impact Report will occur until the Conversion Impact Report has been reviewed by the Community Development Director or his or her designee(s) for substantial conformance with the requirements of this section. E. Required contents of the conversion impact report. At a minimum, the Conversion Impact Report shall include the following, as well as any other information deemed necessary and appropriate by the Community Development . Director or his or her designee(s): 1. A detailed narrative description of the proposed use to which the mobile home park is to be converted. 2. The proposed timetable for implementation of the conversion and development of the site. 3. A detailed description of the mobile home spaces within the mobile home park, including, but not limited to: • a. The total number of mobile home spaces in the park and the number of spaces occupied. b. The length of time each space has been occupied by the present resident(s) thereof. c. The age, size, and type of mobile home occupying each space. d. The monthly rent currently charged for each space, including any utilities or other costs paid by the present resident(s) thereof. e. Name and mailing address of the resident(s) of each mobile home within the mobile home park as well as the mobile home owner (for each mobile home that is not owner - occupied) on three sets of gummed labels for the mailing of notice of public hearings. 4. A list of all comparable mobile home parks within the City of Rosemead and within 50 miles of the City. This list shall include the age of the mobile home park and the mobile homes therein, range of rental rates for each park listed and the criteria of the management of each park for acceptance of new residents and used mobile homes. Information pertaining to the availability of medical and dental services, shopping facilities, and all nearby social and religious services and facilities shall also be included. 5. A detailed analysis of the impact of the relocation on the residents including comparisons of current rents paid and rents to be paid at comparable mobile home • parks within the fifty (50) mile relocation zone, the estimated costs of moving a mobile TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES home and /or personal property, and any direct or indirect costs associated with a • relocation to another mobile home park or any other type of housing unit. 6. A list of the names, addresses and telephone numbers of one or more housing specialists, with an explanation of the services the specialists will perform at the applicant's expense for the residents to be displaced. These services shall include, but not be limited to, assistance in locating a suitable replacement mobile home park, assuring that residents without cars are driven, by means of suitable transportation at no cost to the resident, to inspect replacement spaces or homes and otherwise take reasonable steps to assist any disabled or handicapped residents with relocation - related activities, coordination of moving the mobile home and personal property, and any other tasks necessary to facilitate the relocation to another comparable mobile home park. 7. A relocation plan for residents of the mobile home park and provide, at a minimum, for the following: a. The names, addresses, telephone numbers, and fee schedules of at least three independent third parties in the area who are qualified as an appraiser of mobile homes for the purpose of financing or sale. b. The names, addresses, telephone numbers, and fee schedules of persons in the area qualified as mobile home movers. c. Provisions for the applicant to pay all reasonable costs of relocation as would be charged by a professional mover to a comparable mobile home park within the City of Rosemead or within fifty (50) miles of the City to any mobile home owner at the time a Conversion Impact Report is submitted. The reasonable cost of relocation shall include the cost of relocating a displaced homeowner's mobile home, accessories, and possessions, including the costs for disassembly, removal, transportation, and reinstallation of the mobile home and accessories at the new site, and replacement or reconstruction of the blocks, skirting, siding, porches, decks, awnings, storage sheds, cabanas, or earthquake bracing if necessitated by the relocation; indemnification for any damage to personal property of the resident caused by the relocation, reasonable living expenses of displaced park residents from the date of actual displacement to the date of occupancy at the new site; and payment of any security deposit required at the new site. When any resident has given notice of his or her intent to move prior to an approved Conversion Impact Report, eligibility to receive moving expenses shall be forfeited. d. Identify those mobile homes that cannot be relocated to a comparable mobile home park within the City of Rosemead or within fifty (50) miles of the City and the mobile home owner has elected to sell his or her mobile home. The relocation plan shall identify the reasons why the mobile homes cannot be relocated. In those circumstances the applicant shall be required to purchase the mobile home of a displaced home owner at the appraised fair market value of the mobile home itself, as well as appliances, accessories, and appurtenant structures, as a part of the reasonable cost of relocation as provided for in Government Code Section 65863.7(e). The fair market value shall be determined by an independent third party who is qualified as an appraiser of mobile homes for the purpose of financing or sale. • "Fair market value" means the probable price which a mobile home would bring in a competitive and open market under all conditions requisite to a sale, the buyer and TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES { 55 seller each acting prudently and knowledgeably, and assuming the price is not • affected by any undue stimulus. "Fair market value "' does not include any "in- place" value, or value attributable to its continued siting on the rented space at the mobile home park. If a dispute arises as to the appraised value of a mobile home, the applicant and the homeowner shall have appraisals prepared by separate qualified appraisers of mobile homes with experience in establishing the value of mobile homes for the purpose of financing or sale. The cost for both appraisals shall be paid for by the mobile home park owner. The fair market value shall be based upon the average of the appraisals submitted by the applicant and mobile home owner. e. Notwithstanding any other provision of this section, as an alternative to the requirements of this section, the mobile home owner and mobile home park owner may agree to mutually satisfactory conditions. Compliance with said agreement by the mobile home park owner shall constitute compliance with this section. To be valid, however, such an agreement shall be in writing, shall include a provision stating that the resident is aware of the provisions of this section, shall include a copy of this section as an attachment, shall include a provision in at least 12 -point type which clearly informs the resident that they have the right to seek the advice of an attorney of their choice prior to signing the agreement with regard to their rights under such agreement and shall be drafted in the form and content otherwise required by applicable state law. F. Public hearing. A hearing shall be held before the City Council or its designated advisory body on the Conversion Impact Report prior to the eviction of any mobile home resident pursuant to this • section. (If the Council designates an advisory body, all responsibilities of the Council with respect to the public hearing shall be the responsibility of the advisory body.) At this hearing, the City Council shall review the application documentation. At the conclusion of the hearing, the City Council shall either accept the Conversion Impact Report as complete or add additional mitigation measures pursuant to California Government Code Section 65863.7(e) provided those measures do not exceed the reasonable cost of relocation. The public hearing shall be held not later than ninety (90) days prior to the date provided in the notice of closure to the residents of the mobile home park. • G. Decision regarding conversion impact report. At the public hearing, the City Council shall approve, conditionally approve or reject a proposed Conversion Impact Report. The City Council shall approve or conditionally approve a Conversion Impact Report if it finds that the Conversion Impact Report contains, or has been conditioned to contain, reasonable measures to mitigate the adverse impacts of the mobile home park conversion on affected mobile home owners and residents. The City Council in making its decision on the Conversion Impact Report shall consider all relevant factors, including, but not limited to, the prior history of rent adjustments for the affected mobile home owners and residents. 2. The City Council may impose conditions in connection with its approval of a Conversion Impact Report. Such conditions may include, but are not limited to, payments to affected mobile home owners and residents to mitigate the following expenses as applicable to each particular mobile home owner having a mobile home in the mobile home park. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • a. The expense of relocating the mobile home to a comparable mobile home park. The amount of such payment shall be based upon consideration of moving, tear -down and set -up costs. Moving costs include the cost of moving the mobile home and the cost of moving associated relocatable mobile home improvements. Set -up costs include the cost of connecting utilities at the replacement mobile home park and the cost of any upgrades required to comply with applicable laws. b. The expense of forfeiting the mobile home. The amount of such payment shall be based upon consideration of the fair market value as described in this section. c. The expense of assuming tenancy in a comparable mobile home park. The amount of such payment shall be based upon consideration of the following. 1) Moving costs. 2) First month's rent, last month's rent and security deposit at the replacement mobile home park. 3) Differential as of the date of relocation between rental rates at the mobile home park being converted and the replacement mobile home park during the first year of relocation (12 months), or the differential as of the date of relocation between the space rental rate identified in the Fair Market Rents for Manufactured Home Spaces for Los Angeles -Long Beach in the Section 8 Housing Choice Voucher Program published by HUD (or such successor index published by HUD) and the replacement mobile home park during the first year of relocation. The calculation yielding the greater rental subsidy shall be used. • d. The expense of assuming tenancy in comparable housing. The amount of such payment shall be based upon consideration of the following. 1) Moving costs 2) First month's rent, last month's rent, and security deposit at the replacement housing. 3) Differential as of the date of relocation between the rental rate at the mobile home park being converted and the comparable housing during the first year of relocation (12 months), or the differential as of the date of relocation between the space rental rate identified in the Fair Market Rents for Manufactured Home Spaces for Los Angeles -Long Beach in the Section 8 Housing Choice Voucher Program published by HUD (or such successor index published by HUD) and the replacement comparable housing during the first year of relocation. The calculation yielding the greater rental subsidy shall be used. e, The conditions imposed in connection with approval of a Conversion Impact Report shall not exceed the reasonable costs of relocation. Conditions shall only be imposed in order to ensure that the applicant/mobile home park owner adequately mitigates adverse impacts of the mobile home park conversion on affected mobile home owners and residents. In imposing conditions, the City Council shall interpret and apply this section in a manner consistent with applicable law. H. Notice and distribution of conversion impact report prior to public hearing. Not less than fifteen (15) days prior to a scheduled hearing before the City Council, the owner of the mobile home park shall transmit to the mobile home owner and resident of each mobile home occupying a space within the mobile home park a copy of the Conversion • Impact Report, a copy of this section, and notices of the dates, times and places of the public hearings or any informational meetings and shall inform each mobile home owner that TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • he or she has the right to appear to object to the failure to meet the requirements of this section with respect to his or her home's relocation. The copies provided shall be free of charge. Proof of service of distribution of the impact report to each resident must be filed by the applicant with the City Manager or his or her designee(s) seven days prior to the hearing and shall be signed under penalty of perjury. A hearing shall not be held until the applicant has satisfactorily verified to the City that all persons have received proper notifications. I. Required findings at public hearing. In approving a Conversion Impact Report for a mobile home park conversion, the City Council shall find that the proposed conversion meets the following requirements in addition to the other requirements of this section. The proposed use of the property is consistent with the General Plan and any and all of its elements, any applicable specific plan or planned development plan or similar mechanism provided for in state law or city ordinances and this section. 2. The residents of the mobile home park have been adequately notified of the proposed conversion, including information pertaining to the anticipated timing of the proposed conversion. 3. The applicant has substantially complied with the required contents of its Conversion Impact Report including that any mobile home resident displaced as a result of the conversion shall be compensated by the applicant for all reasonable costs incurred as a result of their relocation. • J. Modification of approved conversion impact report. 1. The City Council may, upon request of applicant and after holding a public hearing, modify the provisions of an approved Conversion Impact Report. A modification may be approved where the City Council finds that there has been a change in circumstances, or there is new information that could not have reasonably been known or considered at the time of the original hearing on approval of the Conversion Impact Report. 2. The City Council may impose additional conditions as deemed necessary to mitigate any adverse impacts resulting from a modification of an approved Conversion Impact Report. K. Expiration of conversion impact report. An approved Conversion Impact Report shall expire according to the expiration date listed in the Conversion Impact Report, unless an extension is granted prior to such date pursuant to this section. 2. The City Council may, upon request of the applicant and after holding a public hearing, extend the term of an approved Conversion Impact Report. An extension may be granted where the City Council finds that expiration of the Conversion Impact Report would constitute an undue economic hardship to the applicant. 3. The City Council may impose additional conditions as deemed necessary to mitigate any adverse impacts resulting from an extension. The City may grant multiple extensions of • an approved Conversion Impact Report but no single extension shall have a duration in excess of one (1) year. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • L. Nullification of impact report. The City Council may, upon request of the Community Development Director or his designee and after holding a public hearing, order an approved Conversion Impact Report null and void. No nullification shall be ordered unless the City Council makes either of the following findings. 1. Approval of the Conversion Impact Report was obtained fraudulently. 2. The applicant has failed to comply with the mitigation measures set forth in, or the conditions imposed in connection with, the approved Conversion Impact Report. M. Appeal. Any City Council decision pursuant to this section is final. In the event the City Council designates authority to implement this section to an advisory body, all decisions of the advisory body shall be subject to appeal to the City Council as provided for in the provisions covering appeals to the Council from the Planning Commission. N. Processing fees. Each applicant seeking City approval, modification or extension of a Conversion Impact Report shall pay a nonrefundable application deposit in an amount established by City Council resolution. In addition, the applicant shall reimburse the City for all costs, including staff time and attorney's fees, incurred in processing and reviewing the applicant's Conversion Impact Report. • O. Issuance of grading and/or building permits. No building permit shall be issued for the development of or on any real property which is being converted from a mobile home park pursuant to this section unless and until the applicant has filed with the Community Development Director or his designee(s) a verified statement made under penalty of perjury that the terms set forth by the City Council at the public hearing have been met or otherwise incorporated into the final project plans including the payment of all required relocation assistance required pursuant to this section. Such statement shall identify in itemized form each payee, the amount paid, the date of payment, and the type of relocation or other assistance for which each such payment was made. P. Exceptions to required relocation assistance. This section shall not apply in the following situations. The California Department of Housing and Community Development suspends or revokes a permit pursuant to Health and Safety Code Section 185010. The resident received actual written notice from the owner of the mobile home park prior to entering into oral or written agreement to become a resident that an application to convert the mobile home park to another use was on file with the City or had already been approved. Q. Notification to city of termination of tenancy. 1. After the receipt of a City Council approved Conversion Impact Report, the mobile home • park owner shall serve, by personal service or by United States mail, written notice to TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES '• 59 • the City's Community Development Director or his designee(s) of the notice of termination of tenancy as required by California Civil Code Section 798.56. 2. The notice shall be accompanied by a statement that the applicant/mobile home park owner has provided all relocation assistance required by the Conversion Impact Report, City Council, and state taw, accompanied with proof of such assistance in the form of notarized signed acknowledgements from the recipients thereof or a notarized signed waiver of assistance. The Community Development Director or his designee shall verify the validity of such statement. 3. If applicant/mobile home park owner fails to substantially comply with this subsection, as determined by the City Community Development Director or his designee(s), the City Community Development Director or his designee(s) shall forthwith notify all other appropriate City departments and officials of such noncompliance. These departments and officials shall not issue, grant or approve any application or request for any permit, license or other entitlement of use (including, but not limited to, a building permit, conditional use permit, zone change, variance, certificate of occupancy, tract or parcel map) for any change of use. R. Rental increase limits during conversion process. From the date of delivery of the 12 -month notice required by California Civil Code Section 798.56 through the date of relocation for a particular space, rental increases for such space shall be limited by the change in Consumer Price Index for All Urban Consumers in the Los Angeles /Anaheim /Riverside area for the 12 -month period immediately preceding the date of • the notice, unless and until the mobile home park owner withdraws a submitted Conversion Impact Report. S. Conflicts with other laws. In the event the provisions of this section conflict with any code, ordinance or regulation of the City, the provisions of this section shall govern. In the event any provisions of this section conflict with a provision of state law, this section shall be interpreted and applied in conformity with state law. • T. Violations. In addition to any remedies or penalties for noncompliance with any City Ordinance as provided elsewhere in the Municipal Code, any mobile home park owner or applicant who violates any rights of any mobile home owner or mobile home resident established under this section shall be liable to said person for actual damages caused by such violation, plus costs and reasonable attorney's fees. In addition, no mobile home park owner shall take any willful action to threaten, retaliate against, or harass any park resident with the intent to prevent such residents from exercising his or her rights under this section. TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • Chapter 17 Sections: 17.54.010 17.54.020 17.54.030 17.54.040 17.54.050 17.54.060 17.54.070 17.54.080 17.54.090 17.54.100 17.54.110 17.54.120 17.54.130 17.54.140 17.54.150 17.54.160 17.54.170 • 17.54.180 17.54.190 17.54.200 17.54.210 17.54.220 17.54.230 17.54.240 17.54.250 17.54.260 .54 WIRELESS TELECOMMUNICATION FACILITIES Purpose, intent and goals. Definitions. Applicability. Exemptions. Required approvals— expiration and renewal. Application submission requirements. Approval procedures— required findings. Prohibited grounds for denial. Requirements for administrative collocation. Applicant's evidentiary burden. Appeal - Conditional Use Permits. Appeal -Administrative Collocation. General development standards. Design standards. Noise. RF and other emissions requirements. Performance bond. FAA Compliance. Maintenance and security. Maintenance responsibility. Abandonment or discontinuance of use— removal of facilities. Transfer of operation. Revocation. Wireless facilities in the public right -of -way. Nonconforming facilities. Fees. 17.54.010 Purpose, intent and goals. A. Purpose. The purpose of this section is to provide a uniform and comprehensive set of standards for the permitting, design, placement, affixing, attachment, mounting, construction, erection, installation, collocation, development, use, operation, maintenance and modification of wireless facilities, wireless transmission devices and related support structures and accessory equipment within the City of Rosemead. B. Intent. Balanced, against the goals of federal and state laws designed to promote more reliable and cost competitive wireless service, the regulations set forth herein are intended to: • 1. Safeguard the public health, safety and community welfare; TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES j • 2. Preserve the aesthetic appearance of the Rosemead Community; 3. Promote the identification, examination and implementation of aesthetically innovative yet reasonably feasible techniques for the design and siting of wireless facilities and wireless transmission devices; 4. Promote approaches to designing and siting of wireless facilities and wireless transmission devices which are more compatible and harmonious with their surroundings; and 5. Promote the goals and policies of this section and the Rosemead General Plan. C. Goals. The goals of this section are to: 1. Protect the visual character of the City of Rosemead from the potential adverse effects of wireless facilities, wireless transmission devices, support structures and accessory equipment; 2. Prevent the emergence and proliferation of visual blight along visually significant or visually sensitive corridors within the City of Rosemead, including significant showcase corridors; 3. Recognize the rights of wireless facilities operators and wireless transmission devices under federal law and state law, and harmonize those with the City's interest; • 4. Encourage users of wireless facilities and wireless transmission devices to locate such equipment in areas where any adverse impacts on the community are optimally mitigated and, where possible, encourage users of wireless facilities to collocate those facilities with existing wireless facilities; 5. Encourage users of wireless facilities, which include accessory equipment, to configure such equipment in a manner that minimizes their adverse visual impact; 6. Encourage the managed and aesthetically sensitive development of wireless facilities in the City of Rosemead; 7. Ensure that approved wireless facilities, wireless transmission devices and related accessory equipment and support structures are constructed and operated in a safe and legally compliant manner; and 8. Establish uniform criteria and procedures for the construction, installation and operation of wireless facilities, wireless transmission devices and related accessory equipment and support structures. 17.54.020 Definitions. For purposes of this section, the following terms shall have the meaning set forth herein: "Accessory Equipment" means any equipment or device necessary for the operation of a • wireless transmission device and used in conjunction with a wireless transmission device and any related support structure. Such equipment or devices include, but are not limited to, utility TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 162 . or transmission equipment, power supplies, generators (including back -up generators), batteries, cables, equipment buildings, cabinets and storage shed shelters or other structures. "Administrative Collocation" shall have the same meaning as the term "collocation facility" as defined under Section 65850.6 of the California Government Code which generally refers to a type of collocation (as defined herein). Under Section 65850.6 of the California Government Code, administrative collocation requires a nondiscretionary approval when all of necessary circumstances and conditions set forth under Section 65850.6 of the California Government Code are met. Further, a nondiscretionary approval shall be issued for a collocation when the collocation is consistent with Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 and any Federal Communications Commission regulations issued to implement that Act. "Alternative Siting Structure" means a building, structure or improvement (usually preexisting) that is structurally and legally capable of serving as a siting platform for certain wireless transmission devices and certain accessory equipment notwithstanding the fact that the support of such systems is secondary and subordinate to the primary purpose, design and legal use of the building, structure or improvement. "Alternative siting structures" include, but are not necessarily limited to, utility poles, flag poles, light standards, water tanks, buildings, and design features incorporated into buildings which are capable of concealing and /or camouflaging a wireless transmission device and related accessory equipment from public view. "Alternative Siting Structures" do not include "support structures" as defined herein. "Ancillary Use" means a use that is a secondary or subordinate use to a primary use of a real • property parcel. • "Antenna" means and refers to a type of wireless transmission device composed of any system of wires, poles, rods, towers, whips, reflecting discs, dishes or similar equipment or devices used to transmit and /or receive electromagnetic waves, including, but not limited to, radio frequency signals, for the purpose of conveying telephonic communications, video transmissions or communications, written communications, radio communications, signs, signals, pictures and the like. "Antenna" includes devices having active elements extending in any direction, and directional beam -type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support all of which elements are deemed to be part of the "antenna" and shall include, but not be limited to: 1. Antenna - Directional (also known as "panel" antenna) which transmits and /or receives radio frequency signals in a directional pattern of less than 360 degrees; 2. Antenna - Facade- mounted which is any antenna directly attached or affixed to the elevation of a building, tank, tower or other structure; 3. Antenna - Flush- mounted which is mounted to a structure which does not project above the facade to which it is mounted; 4. Antenna - Roof - mounted which is mounted to the roof of a building or similar structure; TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 163 • 5. Antenna - Ground - mounted which is any antenna with its base placed directly on the ground or mounted to a pole, lattice tower or other freestanding support structure specifically constructed for the purpose of supporting the antenna; 6. Antenna - Omni Directional which transmits and /or receives radio frequency signals in a 360 - degree radial pattern, including, but not limited to, any antenna designed to receive video programming services via multipoint distribution services; 7. Antenna - Parabolic (also known as a "satellite dish antenna ") which is any device incorporating a reflective surface that is solid, open mesh, or a bar configuration that is shallow dish, cone, horn, bowl or cornucopia shaped and is used to transmit and /or receive electromagnetic or radio frequency communication signs [signals] in a specific directional pattern; 8. Antenna - Portable which is any device used to transmit and /or receive electromagnetic or radio frequency communications signals in a specific directional pattern, located on a portable or movable base designed to be placed either for temporary or long -term use at a given site. "Applicant(s)" means and refers to any person(s) who, in accordance with the approval procedures set forth under this section, applies for authorization: To place, affix, attach, mount, construct, erect, install, develop, use, operate and maintain, or modify a wireless facility, wireless transmission device, support structure and /or accessory equipment within the City of Rosemead; or • 2. Collocate an additional antenna or other additional wireless transmission device upon a preexisting support structure or alternative siting structure already containing one or more antenna or other wireless transmission devices. "City Council" means the governing body of the City of Rosemead organized pursuant to Title 2, Chapter 2.04 (City Council) of the Rosemead Municipal Code. • "Collocate ", "Collocation" or "Collocating" means and refers to the act of placing, affixing, attaching, mounting, constructing, erecting, and /or installing: 1. An additional antenna or other additional wireless transmission device, including related accessory equipment, upon a preexisting support structure already containing one or more antennas, wireless transmission devices and /or accessory equipment; 2. An additional antenna or other additional wireless transmission device, including related accessory equipment, upon an alternative siting structure already containing one or more antennas, wireless transmission devices and /or related accessory equipment; or 3. An additional wireless facility upon a single real property parcel already containing a wireless facility or wireless transmission device, and related support structures, and /or accessory equipment. "Community Development Director" means the Community Development Director for the Rosemead Planning Division or designee. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES i 64 • "De Minimis Level," when used in reference to the geographic scope of an existing or remaining gap in personal wireless service network coverage for a personal wireless service provider, necessarily refers to a level of coverage that is less than 100 percent seamless coverage, but generally no greater than a small number of isolated dead spots or other small holes in coverage within a greater service area. Where coverage holes are large or frequent in number and size, and also extend to the interior of buildings in urban areas or to a significant number of residences in well - populated areas, such gaps in coverage shall not be considered to be of a de minimis level. "Dead Spot(s)" shall have the same meaning as set forth under Section 22.99 of Title 47 of the Code of Federal Regulations which defines "dead spots" as small areas within a service area where service is presumed notwithstanding the fact that field strength is lower than the minimum level for reliable service. "Fixed Wireless Service" means any service providing radio communication to or from antenna structures at fixed and specified locations which are not designed to be moved during operation and which offers the ability to access or receive communication from the public switched telephone network. "Federal Communications Commission" or "FCC' means that certain administrative subdivision of the federal government of the United States of America which is generally responsible for the regulation of telecommunications in the United States of America. "Guyed Structure" means and refers to a variety of support structure consisting of a single • truss assembly composed of sections with bracing incorporated. The sections of the "guyed structure" are attached to each other, and the assembly is attached to a foundation and supported by a series of wires that are connected to anchors placed in the ground or on a building. "Lattice Tower" means and refers to a variety of support structure consisting of vertical and horizontal supports with multiple legs and cross - bracing and metal crossed strips or bars. "Monopole" means and refers to a variety of support structure generally consisting of a single pole or shaft designed to support one or more antennas or other wireless transmission devices. "Monopoles" are usually composed of two or more hollow sections that are in turn attached to a foundation and such structures must be designed to support themselves without the use of guy wires or other stabilization devices. The term "monopole" as defined herein does not include lattice towers. "Person" means a natural person or a business entity or organization, other than a public agency, including a corporation, partnership, limited liability company, proprietorship, joint venture, association, cooperative, estate, or trust. "Personal Wireless Services" as used in this section shall have the same meaning as applied to the same term under Section 332 of the Telecommunications Act of 1996 (47 U.S.C. Section 332(c)(7)(C)(i)) which includes 'commercial mobile services ", "unlicensed wireless services ", • 'and 'common carrier wireless exchange access services ". By way of example and not limitation, 'commercial mobile services" include federally licensed wireless telecommunications TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES i 65 • service such as cellular services, personal communications services ( "PCS "), specialized mobile radio services ( "SMR "), enhanced specialized mobile radio services ( "ESMR "), paging and like services that may be developed in the future. "Personal Wireless Service Facility" or "Personal Wireless Service Facilities" shall have the same meaning as set forth under Section 332 of the Telecommunications Act of 1996 (47 U.S.C. Section 332(c)(7)(C)(ii)). "Planning Commission" means the City Planning Commission for the City of Rosemead organized pursuant to Chapter 2.28 of the Rosemead Municipal Code. "Property Owner" means and refers to the person(s) who own(s) the real property parcel upon which a wireless facility, wireless transmission device, support structure or accessory equipment is or is proposed to be sited. "Satellite Dish Antenna" means any parabolic (bowl - shaped) antenna which: 1. Has a diameter greater than two (2) feet; 2. Is designed to receive satellite transmissions; 3. Is incapable of transmitting electromagnetic waves, including, but not limited to, radio frequency signals; and • 4. Is external to or attached to the exterior of any building. "School District" means the Rosemead School District, the El Monte Union High School District, the Garvey School District and the Montebello Unified School District. The term "school district" does not include any other variety of school district or like entity established or organized under the laws of the State of California, including, but not limited to, any community college district. "Stealth Facility" or "Stealth Facilities" means and refers to a type of wireless facility or wireless transmission device which is disguised to appear as another natural or artificial object that is prevalent in the surrounding environment or which is architecturally integrated into a building or other concealing structure or improvement. "Stealth facilities" generally include camouflaged structures such as monopalms, monopines or any other variety of monopole - supported wireless facilities designed to look like a tree. "Stealth facilities" may also include wireless facilities or wireless transmission devices, inclusive of accessory equipment that are integrated into existing alternative siting structures such as flag poles or light standards or which are integrated within design features of buildings such as church steeples, parapets, faux chimneys, or other similar concealing design features. "Support Structure" or "Support Structures" means a structure designed to support antenna(s) or other wireless transmission devices to facilitate the transmitting and /or receiving of radio frequency signals. Support structures include, but are not limited to, masts, monopoles, guyed structures, lattice towers, and other like structures used to support wireless transmission devices. The term "support structure" does not include alternative siting structures as defined • herein. TITLE 17- ZONING ARTICLE 3- REGULATIONS FOR SPECIAL USES AND STRUCTURES • "Wireless Facility" or "Wireless Facilities" means and includes: 1. All "personal wireless service facilities," all "wireless telecommunications facilities" and all "wireless telecommunications collocation facilities" as defined herein; and 2. Any single combination of wireless transmission devices, related accessory equipment and /or related support structures used in conjunction with one another at a specific location within a single real property parcel for the purpose of providing wireless services as defined herein. "Wireless Facility Owner" or "Wireless Facilities Owner" means and refers to the person who owns a wireless facility, wireless transmission device, support structure and /or accessory equipment sited within the City of Rosemead. "Wireless Service(s)" means any type of "personal wireless services," "fixed wireless service," "wireless video service" as the same are defined herein or any other variety of wireless service involving the conveyance of telephonic communications, video transmissions or communications, written communications, radio communications, signs, signals, pictures and the like by means of wireless transmission devices. "Wireless Service Provider" means any person who provides wireless services as defined herein or who otherwise owns, leases, and /or operates a wireless facility or a wireless transmission device within the City of Rosemead. • "Wireless Telecommunications Facility" or "Wireless Telecommunications Facilities" shall have the same meaning as set forth under Section 65850.6 of the California Government Code. • "Wireless Telecommunications Collocation Facility" or 'Wireless Telecommunications Collocation Facilities" shall have the same meaning as set forth under Section 65850.6 of the California Government Code. "Wireless Transmission Device" or "Wireless Transmission Devices" means any apparatus or device (excluding support structures or accessory equipment) designed for the transmitting and/or receiving of radio frequency signals or other electromagnetic wave signals which convey telephonic communications, video transmissions or communications, written communications, radio communications, signs, signals, pictures and the like. Wireless transmission devices include antennas as defined herein. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES ; 67 • 17.54.030 Applicability. This section applies to the placement, affixing, attachment, mounting, construction, erection, installation, collocation, development, use, operation and maintenance and modification of wireless facilities, wireless transmission devices, support structures and related accessory equipment as the same are defined herein. 17.54.040 Exemptions. The following uses shall be exempt from the provisions of this section: A. Any satellite dish antenna as defined under Section 17.54.020 (Definitions); B. Any satellite antenna that is one meter (39.37 inches) or less in diameter and is designed to receive direct, but not transmit, broadcast satellite service, including direct- to-home satellite service, as defined under Section 205 of Title 47 of the United States Code of Federal Regulations; C. Any antenna structure designed to receive, but not transmit, over - the -air UHF and /or VHF television broadcast transmission; D. Any antenna structure that is designed to receive, but not transmit, over - the -air AM and /or FM radio broadcast; E. Any antenna used by authorized amateur radio stations licensed by the Federal Communications Commission; or • F. Public safety communications facilities owned and operated by the City of Rosemead or the County of Los Angeles. 17.54.050 Required approvals— expiration and renewal. A. Wireless Facilities and Wireless Transmission Devices. No person may place, affix, attach, mount, construct, erect, install, develop, use, operate and maintain, or modify a wireless facility, wireless transmission device, support structure and /or accessory equipment within the City of Rosemead without a conditional use permit approved by the Planning Commission, or the City Council in the course of an appeal, following a noticed public hearing on the matter. Notwithstanding the foregoing, administrative collocation may be allowed as approved in subsection (c) of this section. B. Collocation — General. No person may collocate a wireless facility or wireless transmission device, including related accessory equipment, without a conditional use permit approved by the Planning Commission, or the City Council in the course of an appeal, following a noticed public hearing on the matter. Notwithstanding the foregoing, administrative collocation is allowed as approved in subsection (c) of this section. C. Administrative Collocation. If, following the submission of a completed application form and all required materials set forth under Section 17.54.060 (Application Submission Requirements), the Community Development Director determines that a proposed collocation qualifies as an "administrative • collocation" as defined herein, such proposal shall not require a conditional use permit but shall be approved by the Community Development Director through the issuance of an TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • administrative collocation permit. . The foregoing notwithstanding, an administrative collocation approval shall be subordinate and subject to the conditions of approval associated with the wireless telecommunications collocation facility to which it relates. Also, the life of an administrative collocation approval may not exceed the life of the underlying conditional use permit or other underlying discretionary authorization corresponding to the wireless telecommunications collocation facility upon which the proposed wireless transmission device and corresponding accessory equipment will be placed or installed. D. Pre - approved Locations. The City may approve by resolution, following a duly noticed public hearing, a list of sites which may be located on public property or within the public right -of -way and which are approved for wireless facilities, wireless transmission devices, related accessory equipment. Each site shall include a description of permissible development and design characteristics, including, but not limited to, maximum height requirements. The City shall make said resolution available to all persons upon request. The approved list of locations may be subsequently amended by resolution from time to time. 2. All facilities located on a public property site which is pre - approved in accordance with subsection (D)(1) of this section following the effective date hereof must obtain administrative approval from the Community Development Director in accordance with administrative collocation requirements of Section 17.54.090 of this title, and any additional or different requirements made applicable by this section. • 3. All leases of public property which are pre- approved in accordance with subsection (D)(1) of this section shall be nonexclusive. The operator of a facility located on such public property shall make the supporting structure of the facility available to any other applicant wishing to collocate to the extent technically feasible. 4. Requirement for Separate Lease Agreement. Any lease of City-owned property for the purpose of erecting a wireless facility, wireless transmission device and any related support structures and accessory equipment shall require a negotiated lease agreement or other written license granted by the City. The existence of a lease agreement or license shall not relieve applicant of any obligations to obtain appropriate permits as required by this code. E. Coordinated Antenna Plans. Requirements. Any wireless service provider may apply for Planning Commission approval of a Coordinated Antenna Plan (CAP) to obtain preapproval for the use of proposed and potential future locations for wireless facilities, subject to the following requirements: a. The CAP shall specify permissible development and design characteristics for identified future locations, including, but not limited to, maximum height and size, type of supporting structure, and type of antenna. b. The CAP shall identify potential future locations by lot and parcel number. • c. Applications for a CAP may be considered by the Planning Commission after holding a noticed public hearing thereon in accordance with Article 6 of this title. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • d. Following Planning Commission approval of a CAP, each wireless facility that complies with the specifications of the CAP may be approved subject to an administrative collocation permit in accordance with the requirements set forth in this section. Except for the type of permit, nothing in this section shall relieve the applicant of the obligation to comply with the regulations, requirements, and guidelines as required by this section, and the Community Development Director may deny an administrative collocation permit, or place conditions upon its approval, notwithstanding prior approval of a CAP. e. Any conditions placed on the approval of an administrative collocation permit for a facility which complies with the CAP shall not be inconsistent with the specifications of the CAP. Notwithstanding any provision in Section 17.54.060 to the contrary, the CAP shall not vest any permanent rights to use the preapproved locations for facilities beyond the date of expiration. Unless extended, the CAP shall expire twelve (12) months following its approval by the Planning Commission regardless of whether any administrative collocation permit has been granted pursuant to the CAP. The Planning Commission may, at its discretion, after written request therefor, extend the term of the CAP for up to six (6) additional months; no CAP shall continue longer than eighteen (18) months. 2. Findings. The Planning Commission shall approve a CAP based upon the following findings: • a. The intent and purpose of this section, and all its regulations and requirements will be preserved. b. Any future facility complying with the specifications imposed by the CAP will not have a significant adverse impact on the subject site or surrounding community beyond those impacts considered in the approval of the CAP. c. Any future facilities within the specifications of the CAP will be consistent with the General Plan and the uses permitted in this Zoning Code, subject to subsequent approval of an administrative collocation permit. 17.44.060 Application submission requirements. A. Applications for a conditional use permit under this section, a Coordinated Antenna Plan, or for the approval of an administrative collocation shall be submitted to the Rosemead Planning Division on a form approved by the Community Development Director. B. The following information and documentation shall be required for all submittals: 1. Application Form. Each applicant shall submit a completed application form which must include the following information: a. Applicant Information. The name, business address, telephone number, fax number and, if available, e-mail address of the applicant or co- applicants. The following • persons must be identified as applicants/co- applicants on any application form: 1) The property owner; TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 70 • 2) The wireless service provider who will use the proposed wireless facility, wireless transmission device and any related support structures and accessory equipment; and 3) The wireless facility owner, if different from either the property owner or the wireless service provider. b. Project Location. The street address and assessor's parcel number of the real property where the wireless facility, wireless transmission device, support structures and /or accessory equipment will be located. c. Property Easements. The location and description of all easements, including public utility easements, encumbering the real property parcel where the wireless facility, wireless transmission device, support structures and /or accessory equipment will be located. d. Coverage and other service objectives: The applicant shall include the following information in the application form: 1) A general summary of those specific service objectives which the applicant seeks to attain or address through its proposal, (e.g., whether it is to add additional network capacity; increase existing signal strength; or provide new radio frequency coverage); 2) A general summary of the nature, location and geographic boundaries of any purported gap in network coverage and a summary of the scope of such a gap at various locations within its identified geographic boundaries (e.g., whether and • I where it extends to in- building coverage, in- vehicle coverage and /or outdoor coverage); 3) A general summary of the applicant's good faith efforts to identify, study and evaluate less intrusive alternatives, including the use of less intrusive technologies and equipment; alternative system designs; alternative siting structure types; alternative siting structure design, including stealth facility designs; alternative scale or size; and alternative siting options (e.g., alternative locations within the search ring, collocation opportunities or placement upon alternative siting structures); 4) A general explanation as to why specific circumstances, conditions or other factors render each of the alternatives identified pursuant to subsection (A)(1)(d)(iii) of this section, above, incapable of reducing any purported coverage gap to a de minimis level. e. Project description: The applicant shall include the following information in the application form: 1) A written description of the real property parcel where the proposed wireless facility, wireless transmission device, support structure, and /or accessory equipment, including parcel size, width, depth, the location of mature trees, zoning designation and current use; 2) The type of wireless facility and /or the type, number and dimensions of wireless transmission devices, support structures, and /or accessory equipment proposed; 3) The proposed height of any proposed support structure or the height of any existing support structure upon which any wireless transmission device and /or accessory equipment may be placed; • TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • 4) The specific location within the real property parcel of any proposed wireless facility and any proposed wireless transmission devices, support structures or accessory equipment; 5) The proposed location of all above - ground and below- ground wiring and connection cables; 6) A detailed description of the design, shape, color(s), and material composition of any support structures, accessory equipment and antennas or other wireless transmission devices included as part of the proposal; 7) The design and screening treatment selected for the proposal; 8) Whether any proposed support structures or any existing support structure is structurally suitable and capable of accommodating (i.e., collocating) additional antennas or other wireless transmission devices as well as accessory equipment. Maintenance and monitoring plan: The applicant shall include within any completed application form a description of the anticipated maintenance and monitoring program for the wireless facility, wireless transmission devices, accessory equipment, or support structures proposed. g. Noise and acoustical information: An inventory and description of any proposed noise - generating wireless transmission devices and accessory equipment, including, but not limited, to air conditioning units and back -up generators. The description shall set forth noise and acoustical information including anticipated decibel levels of noise which would be produced. • h. Disclosure of removal costs: For the purpose of establishing the appropriate amount of any performance bond or other security required under this chapter for the removal of any approved wireless facility, wireless transmission device and related support structures and /or accessory equipment, the applicant shall state the reasonable estimated cost of removing any approved wireless facility, wireless transmission device and related support structures and /or accessory equipment. The applicant shall supplement the application with substantial evidence that corroborates its removal cost estimate. 1) Administrative collocation: If the applicant contends a proposed collocation qualifies as an administrative collocation as defined herein, the applicant shall so state on the application form and shall also include a detailed explanation supported by substantial evidence which demonstrates compliance with all requirements set forth under Section 65850.6 of the California Government Code and the existence of all necessary circumstances and conditions set forth under the same at the time an application is submitted and approved. 2. Site plan: Along with a completed application, each applicant shall submit a site plan drawn to scale which depicts and identifies: a. The precise location within a real property parcel of all proposed wireless facilities, wireless transmission devices, support structures and /or accessory equipment; b. All existing structures, utilities, lighting, signage, walls, fences, trees, landscaped areas, and other significant natural features, walkways, driveways, parking areas, • streets, alleys, easements, and setbacks situated upon the real property parcel TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • where the wireless facility, wireless transmission device, support structures and /or accessory equipment will be located; and c. All existing structures, utilities, lighting, signage, walls, fences, trees, landscaped areas, and other significant natural features, walkways, driveways, parking areas, streets, alleys, easements, and setbacks situated upon real property parcels immediately adjacent to the subject real property parcel. 3. Elevations and section drawings: Along with a completed application form, each applicant shall submit elevations and section drawings of the proposed wireless facility and /or all proposed wireless transmission devices, support structures, and accessory equipment. The applicant shall also submit composite elevations from the street of all buildings, structures and other improvements on -site. 4. Landscaping plan: Along with a completed application form, each applicant shall submit a landscape, screening and landscape irrigation plan. Such plan shall identify and describe existing surrounding landscaping and landscape vegetation (i.e., trees, shrubs and plants); identify and describe vegetation to be removed; and depict and describe in terms of type, size and location proposed plantings of new landscape vegetation. Such plan shall demonstrate how the landscaping and landscape vegetation shall be designed and configured to screen wireless facilities, wireless transmission devices, support structures, and accessory equipment from public view or better camouflage stealth- designed facilities, devices and equipment. Such plan shall set forth and describe an irrigation plan for any existing and proposed • landscaping surrounding the proposed facilities, devices and equipment and shall demonstrate efforts to incorporate aesthetically compatible drought tolerant varieties of vegetation. Such plan shall also set forth a plan for the preservation of existing, un- removed vegetation during construction and installation phases. The landscape plan shall also demonstrate the availability of any required irrigation facilities on -site. The requirement for a landscape, screening and landscape irrigation plan shall not be required for roof - mounted wireless transmission devices and accessory equipment, except that the applicant shall still be required to submit a plan demonstrating .and depicting any screening of such equipment pursuant to this chapter. 5. Visual analysis: Along with a completed application form, each applicant shall submit a visual impact analysis including scaled elevation diagrams which: a. Demonstrates the potential visual impacts of any proposed wireless facility, wireless transmission device, support structure, or accessory equipment; b. Includes before and after photo simulations from various locations and /or angles from which the public would typically view the site and includes a map depicting where the photos were taken; and c. Where the installation would be readily visible from the public right -of -way or from surrounding properties, the application shall include an explanation as to why, if screening or other techniques to minimize the visibility are not proposed, such approaches to reduce the visibility of the installation would not be feasible or • effective. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • The Community Development Director may require a field mock -up to assess any potential visual impact including proper coloration and blending of the facility with the proposed site. 6. Justification report: Along with a completed application form, the applicant shall also submit a justification report which: a. Describes and explains in detail those specific service objectives which the applicant seeks to attain or address through its proposal, (e.g., whether it is to add additional network capacity; increase existing signal strength; or provide new radio frequency coverage); b. Describes and depicts the nature, location and geographic boundaries of any purported gap in network coverage and the applicant's corresponding search ring; c. Describes and depicts the scope of any purported gap in network coverage at various locations within its identified geographic boundaries (e.g., whether and where the gap extends to in- building coverage, in- vehicle coverage and /or outdoor coverage); d. Includes justification maps which identify the applicant's search ring, the location of alternative sites considered, the location of the proposed site, all existing and approved wireless facilities and /or wireless transmission devices within a one- mile radius of the proposed site and collocation opportunities or alternative site structure opportunities within the search ring; e. Demonstrates, describes and explains in detail the applicant's good faith efforts to identify, study, evaluate and consider other less intrusive alternatives, including the use of less intrusive technologies and equipment; alternative system designs; alternative siting structure types; alternative siting structure designs, including stealth designs; alternative scale or size; and alternative siting options (e.g., alternative locations within the search ring, collocation opportunities or placement upon alternative siting structures); Explains how specifically identified circumstances, physical conditions or other factors render each of the other alternatives identified, studied, evaluated and considered incapable of reducing any purported coverage gap to a de minimis level; g. Explains why and how the proposal for which the applicant seeks approval is the least intrusive means in terms of feasible technology, system design, aesthetic design, size, scale and location for reducing any purported coverage gap to a de minimis level. 7. Propagation and coverage reports: The justification report shall be accompanied by a radio frequency engineers propagation and coverage report and corresponding maps which identify, describe and depict the location and geographic scope of any purported gap in network coverage; and the nature and scope of the coverage gap • (e.g., whether it extends to in -door, in- vehicle and /or outdoor service and/or whether it is the result of inadequate network capacity). Signal level indicators on maps must TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES ! 74 • show specific power levels on the map in colors easily distinguishable from the base paper or transparency layer and must be adequately identifiable by radio frequency (RF) level in dBm and map color or gradient in the map legend. The applicant shall submit maps depicting existing coverage; the coverage provided by the proposal excluding existing coverage; and existing coverage combined with the coverage provided by the proposal. The propagation and coverage report and corresponding maps shall be prepared by a qualified and duly licensed radio frequency engineer. • • 8. Narrative description and map of other facilities: Along with a completed application form, each applicant shall submit a narrative description and map disclosing and depicting the exact location and type of all existing wireless facilities and wireless transmission devices, including support structures, and accessory equipment owned and /or used by the applicant to provide coverage within any portion of the City of Rosemead whether or not such facilities, devices, structures or equipment are located within the City of Rosemead or outside of the City of Rosemead. 9. FCC and CPUC Approvals: Along with a completed application form, each applicant shall submit true and correct copies of all valid and applicable licenses, permits or other approvals required by the FCC or the California Public Utilities Commission ( "CPUC ") for the use, operation and maintenance, construction and placement of the wireless facility, wireless transmission device(s), support structure(s), and accessory equipment for which approval is sought. If no such licenses, permits or other approvals are required of the applicant by the FCC or the CPUC, the applicant shall explain and declare under penalty of perjury the reason why such licenses, permits or other approvals are not required. 10. Radio Frequency Emissions and Signal Interference Analysis: Along with a completed application form, each applicant shall submit a written analysis prepared by a qualified and duly licensed radio frequency engineer which: a. Determines and states the power rating for all wireless transmission devices and accessory equipment included in the applicant's proposal; b. Provides a description of the specific services that the applicant proposes to offer or provide in conjunction with the proposed wireless facility or wireless transmission device; c. Verifies that the proposal, including all wireless transmission devices and accessory equipment conform to the non - ionizing electromagnetic radiation ( "NIER ") standards adopted by the FCC; d. Confirms that the use and operation of all proposed wireless transmission devices and accessory equipment will not exceed adopted FCC standards, including, but not limited to, FCC requirements that power densities in inhabited areas not exceed the FCC's Maximum Permissible Exposure ( "MPE ") limits for electric and magnetic field strength and power density for transmitters. Such analysis shall address both the individual impact of any proposed wireless transmission device and accessory equipment, as well as their cumulative impact, if collocated upon a single support structure or alternative siting structure; if placed upon a real property parcel already containing a wireless facility, wireless transmission devices, and /or accessory equipment; or if placed upon a TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 75 • real property parcel immediately adjacent to another real property parcel containing a wireless facility, wireless transmission device, and /or accessory equipment; e. Describes all appropriate operating parameters and maintenance requirements necessary to comply with all applicable FCC standards, including radio frequency emissions standards and standards relating to signal interference with consumer electronic products and /or public safety communications; Confirms that all proposed wireless transmission devices and accessory equipment shall be operated in a manner that complies with FCC regulations regarding radio frequency emissions and standards relating to signal interference with consumer electronic products and /or public safety communications; g. In addition its technical narrative and discussion of the issues to be addressed, the analysis shall also include a nontechnical executive summary presented in a concise and easy -to -read format that clearly explains in a nontechnical manner the current site conditions, conditions with the proposed wireless facility, wireless transmission devices and /or accessory equipment included and FCC thresholds as they relate to all applicable emissions standards. 11. Collocation Agreement: Each application proposing the construction of a new monopole, lattice tower, or guyed structure shall include a signed statement whereby the applicant agrees, as a condition to any approval, to permit the collocation upon • the support structure to accommodate additional wireless transmission devices and accessory equipment. The application shall also include a signed statement whereby the applicant agrees, as a condition of any approval, to refrain from entering into any exclusive agreement(s) or arrangement(s) that would prevent the type of collocation contemplated under this subsection. 17.54.070 Approval procedures— Required findings. A. Investigation. Following the submission of a completed application form, as well as the submission of all documents and materials required under Section 17.54.060, the Community Development Director shall undertake a review and evaluation of the applicant's proposal for the purpose of preparing a written report to the Planning Commission which evaluates the proposal's compliance with the procedural requirements and standard conditions of this chapter, as well as its consistency with the goals, standards, and objectives of this chapter and the Rosemead General Plan. The report will evaluate the applicant's efforts to identify, study, and consider alternatives and may recommend modifications and /or the addition of conditions to be attached to the applicant's proposal as a condition of approval. The report shall also contain a recommendation as to the disposition of the proposal for which conditional use permit approval is sought. B. Public Hearing Notice. The procedure set forth in Chapter 17.156 of this Title shall constitute the procedure for conducting public hearings on a conditional use permit for a wireless facility or wireless transmission devices, and any accessory equipment except as otherwise specifically provided in this chapter. C. Findings Necessary for Approval. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 76 • No conditional use permit shall be approved unless the Planning Commission, or the City Council in the course of an appeal, makes all of the following findings supported by substantial evidence: The applicant has submitted all applicable information, documentation and materials required under Section 17.54.060; 2. The Wireless Facility, wireless transmission devices, and any accessory equipment to be approved satisfies all applicable federal and state requirements and standards as to the placement, construction, and design, as well as all federal and state limits and standards concerning radio frequency emissions, signal interference with consumer electronic products and /or public safety communications, and other applicable operating and design standards; 3. The proposal to be approved complies with all mandatory requirements and restrictions of this chapter; all applicable building and construction requirements of Title 15 (Buildings and Construction) of the Rosemead Municipal Code and applicable fire safety and fire prevention requirements set forth under the Rosemead Municipal Code, County of Los Angeles Fire Code, and all applicable state fire safety and prevention laws; 4. The applicant has made a good faith effort to identify, study and evaluate less intrusive alternatives, including the use of less intrusive technologies and equipment; alternative system designs; alternative siting structure types; alternative siting structure design, including stealth designs; alternative scale or size of proposal; and alternative siting • options (e.g., alternative locations within the search ring, collocation opportunities or placement upon alternative siting structures); 5. In comparison to other identified, studied, and evaluated alternatives that are equally if not more capable of addressing the applicant's service objectives, the proposal to be approved is the most consistent with the standards, goals, and objectives of this chapter and the Rosemead General Plan; With respect to proposals for personal wireless facilities as defined herein which are intended to address gaps in network coverage, an identified alternative shall be considered equally capable of addressing the applicant's service objectives in comparison to the applicant's requested proposal, if such an alternative is capable of reducing the purported gap in network coverage to a de minimis level. D. Findings necessary for denial of personal wireless service facilities. Notwithstanding any other findings made in support of the denial of a conditional use permit under this chapter, neither the Planning Commission nor the City Council in the course of an appeal, may deny a conditional use permit unless one or more of the following additional findings is made in writing: The applicant has failed to present all of the information, documentation or material required under Section 17.54.060, above; or 2. Substantial evidence presented as part of the record fails to establish the existence of a significant gap in personal wireless service coverage within the personal wireless service • network of a personal wireless service provider applicant or co- applicant; or TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 77 • 3. Notwithstanding the existence of a significant gap in personal wireless service coverage within the applicant's coverage network, substantial evidence presented upon the record fails to establish that of all reasonably feasible alternatives capable of reducing the coverage gap to a de minimis level, the proposal for which a conditional use permit is sought is the least intrusive upon the goals and standards of this chapter and the Rosemead General Plan; or 4. Substantial evidence presented as part of the record fails to establish that any proposed wireless facility, wireless transmission device or accessory equipment is capable of satisfying basic FCC requirements, limits or restrictions concerning radio frequency emissions or signal interference with consumer electronic products and /or public safety communications even with modifications and /or added conditions acceptable to the applicant; or 5. Substantial evidence presented as part of the record fails to establish that any proposed wireless facility, wireless transmission device, support structure or accessory equipment is capable of satisfying applicable building, construction, fire safety or fire prevention standards set forth under Title 15 (Building and Construction) of the Rosemead Municipal Code, the County of Los Angeles or the State of California even with modifications and /or added conditions acceptable to the applicant. 17.54.080 Prohibited grounds for denial. Notwithstanding any other provisions of this section, the denial of a conditional use permit may not be based on the environmental effects of radio frequency emissions for Personal wireless • facilities that comply with FCC radio frequency emissions standards. 17.54.090 Requirements for administrative collocation. Consistent with subsection (a) of Section 65850.6 of the California Government Code, the Community Development Director, or the City Manager in the course of an appeal, shall administratively approve as a permitted use any proposed collocation which qualifies as an administrative collocation in the reasonable judgment of the Community Development Director based on the information submitted pursuant to Section 17.54.060 of this chapter. Included as part of the necessary requirements for an administrative collocation is the requirement that the proposed collocation satisfies all modifications or conditions required for collocation with the corresponding wireless telecommunications collocation facility as defined herein. 17.54.100 Applicant's evidentiary burden. Each applicant is responsible for presenting substantial evidence upon the record that adequately supports the findings and determinations necessary for the approval of a conditional use permit or that confirms the conditions necessary to authorize the issuance of an administrative collocation permit under this chapter or which adequately rebuts any findings in favor of a denial for the same. With respect to conditional use permit approvals, substantial evidence includes, but is not limited to, substantial evidence which: A. Identifies and establishes the location and geographic boundaries of any purported gap in network coverage; B. Identifies and establishes the nature of a purported gap in network coverage (e.g., whether it is is the result of inadequate signal strength or inadequate service capacity); TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • C. Identifies and establishes the scope of any purported coverage gap at various locations with the geographic boundaries of the gap (e.g., where it is limited to in- building coverage, in- vehicle coverage and outdoor coverage etc.); D. Demonstrates, details, and explains the applicant's good faith efforts to identify, study and evaluate less intrusive alternatives, including the use of less intrusive technologies and equipment; alternative system designs; alternative siting structure types; alternative siting structure design, including stealth designs; alternative scale or size; and alternative siting options (e.g., alternative locations within the search ring, collocation opportunities or location upon alternative siting structures); E. Details and explains those specific circumstances, conditions or other factors which render each of the identified alternatives incapable of reducing the purported coverage gap to a de minimis level; F. Demonstrates that the proposal complies or, with the addition of modifications or conditions to the proposal, can be made to comply with FCC radio frequency emissions standards or standards relating to signal interference with consumer electronic products and /or public safety communications; and G. Demonstrates that any proposed wireless facility, wireless transmission device, support structure or accessory equipment satisfies or, with the addition of modifications or conditions to the proposal, can be made to comply with applicable building, constructions, fire safety or fire prevention standards set forth under Title 15 (Building and Construction) of the • Rosemead Municipal Code, the County of Los Angeles or the State of California even with modifications and /or added conditions acceptable to the applicant. 17.54.110 Appeal -Conditional Use Permits. If an applicant, or any interested party, is dissatisfied with any denial, approval or conditioned approval of a conditional use permit under this chapter, the applicant or interested party may appeal the matter to the City Council by filing an appeal in accordance with the procedures established in Section 17.160.050 of this title. In reviewing the matter on appeal, the City Council shall be required to make the same findings for any denial or approval as'would otherwise be required of the Planning Commission. 17.54.120 Appeal -Administrative Collocation. If an applicant contends that a request for an administrative collocation was denied in error, the applicant may appeal the matter to the City Manager by filing an appeal with the City Clerk. Such appeal must be filed within ten calendar days following the Community Development Director issuance of notice that a requested collocation fails to qualify as an administrative collocation or fails to satisfy any other applicable requirements for approval under this chapter. In reviewing the matter on appeal, the City Manager shall be required to make the same determinations as would otherwise be required of the Community Development Director. The decision of the City Manager shall be final. 17.54.130 General development standards. A. Location. The placement or siting of wireless facilities, wireless transmission devices, support • structures and accessory equipment shall be subject to the following approval requirements, parameters and preferences: TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 79 • 1. In order to minimize the unnecessary proliferation of wireless facilities, wireless transmission devices, and related support structures and accessory equipment and in order to promote aesthetic harmony and mitigate, if not eliminate, the potential for visual blight, each applicant in identifying, studying and evaluating alternative placement and siting options and the Planning Commission or City Council in evaluating an applicant's proposal against other identified alternatives capable of addressing applicant's service objectives shall undertake such evaluations subject to the following order of preference starting with the most preferred: a. Proposals in which a wireless transmission device and related accessory equipment are collocated upon an already existing monopole- supported wireless facility which qualifies as a stealth facility as defined herein and which is capable of accommodating added devices and equipment. b. Proposals in which a wireless facility or wireless transmission device and related accessory equipment and support structures are integrated, camouflaged and concealed within the decorative design features of a building such as the steeple of a church building, parapets, faux chimneys or other similar design feature. c. Proposals in which a wireless facility or wireless transmission device and related accessory equipment and support structures are mounted and screened upon the roof of a multi -story industrial or commercial building capable of safely accommodating such facilities, devices, equipment and structures. • d. Proposals in which an individual wireless transmission device and related accessory equipment is affixed or mounted upon an existing utility pole, fighting pole, light standard or other similar alternative siting structure. e. Proposals contemplating the construction of a new monopole structure, with preference given to proposals which qualify as stealth facilities. Proposals involving the construction of new lattice towers or guyed structures. Where this option is proposed, the applicant shall identify, study, evaluate and pursue designs which camouflage such structures in a manner that promotes aesthetic consistency and harmony with surrounding structures. g. Proposal in which a wireless transmission device and related accessory equipment are mounted on the facade of a building, water tower, or other like structure in a manner that does not camouflage, integrate and conceal such devices and equipment within the decorative design features of the building or structure. 2. Wireless facilities, wireless transmission devices, support structures and accessory equipment are permitted in the following locations: a. Real property exclusively owned by the City of Rosemead, a School District as defined herein in fee simple, or by a public utility; or b. Property in the M -1 and O -S zones. • TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 80 • c. Notwithstanding the foregoing or Section 17.54.250, any wireless facilities, wireless transmission devices, support structures or accessory equipment existing as of the effective date of this code [Ord. No. 892] shall not be deemed to be nonconforming for purposes of collocation. 3. Except as otherwise authorized under Section 17.54.130(A)(2)(a), any proposal for the construction of a new wireless facility which includes the construction of a support structure shall provide that the new wireless facility be spaced a minimum of one thousand (1,000) feet from any existing wireless facility support structure. 4. The location of wireless facilities, wireless transmission devices, support structures and /or accessory equipment shall be restricted to developed real property parcels or proposed as part of a larger development project. 5. The Planning Commission, or the City Council in the course of an appeal, may authorize the location of personal wireless facilities as defined herein at locations otherwise prohibited under subsections (A)(1) through (A)(4) of this section, above, but only upon a finding supported by substantial evidence presented as part of the record which establishes that: a. The applicant has a significant gap in its network coverage; and b. The placement of wireless facilities, wireless transmission devices, and related support structures and accessory equipment at a location otherwise prohibited under subsections (A)(1) through (A)(4) of this section, above, is the only means by which • the significant gap in network coverage can be reduced to a de minimis level. Wireless facilities, wireless transmission devices, and related support structures and accessory equipment which satisfy the exception to the general siting prohibitions set forth under subsections (A)(1) through (A)(4) of this section, above, must still satisfy all other applicable conditions and findings necessary for conditional use permit approval. 6. As between possible or competing location proposals, the Community Development Director and the Planning Commission shall encourage proposals that contemplate collocation subject to requirements of this chapter. B. Height. The height of any freestanding wireless facility shall not exceed the height limits of the applicable underlying or overlay zone. All wireless facilities shall be designed to minimum functional height technologically required to address the wireless service providers' service objectives. All wireless facilities, wireless transmission devices, support structures and accessory equipment shall also be subject to the following restrictions as applicable: Ground - Mounted Facilities: Notwithstanding any other provision of this subsection (B) to the contrary, the maximum height of monopoles may not exceed the lesser of the following: sixty (60) feet or the height limit of the applicable underlying or overlay zone; 2. Roof - Mounted Facilities: Roof- mounted wireless facilities or wireless transmission • devices, including support structures and accessory equipment shall not project out more than ten feet above the roofline and shall be set back from the roof edge by a ratio TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • of one foot for each foot of projection above the roofline. A facility shall be exempt from the foregoing requirement if it is mounted within an existing enclosed roof structure or an architectural feature, such as a parapet wall or similarly designed features so as to integrate and camouflage the wireless facility, wireless transmission device and related support structures and accessory equipment within the structure or building. 3. Accessory and Support Structures: All wireless facilities, wireless transmission devices, support structures, and accessory equipment shall comply with accessory height requirements for the particular zoning district in which they are located. C. Ground - mounted facilities - setback requirements and guidelines. Ground - mounted wireless facilities or wireless transmission devices shall comply with the following requirements and guidelines: Front: Such facilities shall not be permitted in a required front yard of any property located in any type of zone within the City of Rosemead, unless otherwise authorized under the terms of a conditional use permit; 2. Side: Such facilities shall not be permitted within a required side yard; 3. Rear: Such facilities may be located in the rear yard of a property at a location that is out of view from the public right -of -way; 4. Accessory/Support Structures: All such facilities and related support structures shall • comply with required setback requirements applicable to the zoning district in which they are located, including variable height requirements in Section 17.08.050 where applicable; 5. No wireless facility, wireless transmission device or related support structures, and accessory equipment shall extend beyond the property lines. For purposes of this chapter, the terms "front yard" and "side yard" shall have the same meaning as set forth under Section 17.04.050 of this title. D. Screening. The following screening requirements shall apply to all wireless facilities, wireless transmission devices and related support structures, and accessory equipment: The proposed wireless facility, wireless transmission device, and related support structures, and accessory equipment shall be screened or camouflaged by existing or proposed new topography, vegetation, buildings, or other structures; provided that any such screening or camouflaging measures shall be aesthetically appropriate for and compatible with the existing site and the surrounding area. Wireless facilities, wireless transmission devices, and related support structures, and accessory equipment that are not screened or architecturally integrated on an existing building or structure shall be prohibited. 2. All screening used in connection with wireless facilities, wireless transmission devices and related support structures, and accessory equipment which are building- mounted • shall be aesthetically compatible with the architecture, architectural theme, color, texture, and materials of the building or other structure to which it is mounted. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES ; 82 • 3. All fencing shall be designed to resist graffiti vandalism and to facilitate the fast and effective removal of graffiti. 4. The use or incorporation of chain -link fencing, razor -wire, or sharp points in the screening design of a wireless facility or related support structures is prohibited. 5. The Planning Commission, or the City Council in the course of an appeal, may waive screening requirements where it determines that such measures are not necessary or aesthetically appropriate given the nature of the proposal. E. Accessory equipment: Any and all accessory equipment shall be located within a building, an enclosure, or underground vault in a manner that complies with the development standards of the zoning district in which the equipment is located. 2. If located above ground, accessory equipment shall be screened, camouflaged and /or concealed in a manner that is aesthetically and visually compatible with the architecture and design of surrounding buildings, structures and landscaping and in a manner that hides such equipment from public view or otherwise camouflages and conceals its presence. 3. If accessory equipment is located outdoors and is in public view, the Planning • Commission, where it deems appropriate, may require the applicant to provide a solid masonry block wall, or such other aesthetically compatible material acceptable to the Community Development Director that will screen such equipment from view. F. Signs. Wireless facilities shall not display or otherwise bear signs or advertising devices other than certification, warning, or other required seals or signage. Nothing in this subsection shall prohibit the Planning Commission, or the City Council in the course of an appeal, from approving a stealth facility which is camouflaged and disguised as a freestanding sign. G. Lighting. Lighting shall not be permitted on facilities unless required as a public safety measure by Federal Aviation Administration (FAA), or other government agencies with superseding jurisdiction over lighting issues. If lighting is required, the facilities shall be designed to minimize glare and light overflow onto neighboring properties. 17.54.140 Design standards. The design of wireless facilities, wireless transmission devices and related support structures and accessory equipment shall be subject to the following design standards: A. All proposals shall seek to minimize adverse aesthetic and visual impacts to the greatest extent feasible considering technological requirements, placement, screening, camouflage, etc. All proposals shall utilize state of the art stealth technology or stealth design. If no stealth technology or stealth design is proposed, the applicant shall provide a detailed • written analysis identifying those factors and conditions which make the use of stealth technologies and /or stealth designs infeasible, and explaining why such technologies or designs are infeasible. TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES ; 83 • B. All proposals shall use the shortest, smallest, least visible wireless transmission devices, support structures, and accessory equipment necessary to accomplish the applicant's service objectives. C. All exterior finishes shall be comprised of non - reflective, glare- reducing materials, and shall be painted, screened, or camouflaged to blend aesthetically with the materials and colors of surrounding buildings or structures. Colors chosen shall minimize visibility and match or blend with the primary background. D. All proposed monopoles shall be a round shape, slim or tapered in design and shall be of a kind that will permit collocation by other wireless service providers. E. Proposals shall minimize and be resistant to opportunities for unauthorized access, climbing, vandalism, graffiti, and other activities, which would result in hazardous conditions, visual blight, or an attractive nuisance. F. Wireless transmission devices and related accessory equipment mounted on structures shall be designed as an integral part of the structure and located to minimize visual impact on surrounding properties and rights -of -way. 17.54.150 Noise. All wireless facilities, wireless transmission devices, and accessory equipment shall be constructed and operated in such a manner as to minimize the amount of noise impacts to • residents of nearby residential properties, the users of recreational areas such as public parks and public open spaces, or the occupants of hospitals and schools. If a wireless facility, wireless transmission device and /or accessory equipment is located within two hundred (200) feet of any of the foregoing types of properties or uses, noise attenuation measures shall be included to reduce noise levels to a level of fifty (50) dBA measured at the property line. Back- up generators shall only be operated during power outages and for testing and maintenance purposes. Testing of such equipment shall not be conducted on weekends or holidays, or between the hours of 10:00 p.m. and 7:00 a.m. 17.54.160 RF and other emissions requirements. A. No individual wireless facility, wireless transmission device, or accessory equipment shall generate at any time electromagnetic frequency radiation or radio frequency radiation in excess of the FCC adopted standards for human exposure, including, but not limited to, the FCC's Maximum Permissible Exposure (MPE) limits for electric and magnetic field strength and power density for transmitters. The foregoing shall also apply to any combination of wireless facilities located on the same real property parcel or any combination of wireless transmission devices and accessory equipment that are collocated or otherwise located upon the same real property parcel. B. All wireless facilities, wireless transmission devices, and accessory equipment shall comply with all rules, regulations and standards, including compliance with non - ionizing electromagnetic radiation (NIER) standards, set by the FCC and /or any other agency of the federal government with the authority to regulate such facilities. If such rules, standards and /or regulations are changed, the recipient(s) /holder(s) of a conditional use permit or • administrative collocation approval issued pursuant to this chapter shall be jointly responsible for bringing such facilities, devices and equipment into compliance with such TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 84 • revised rules, standards and /or regulations within six months of the effective date of such rule, standard and /or regulation, unless a more stringent compliance schedule is mandated by the controlling agency. C. If any wireless facility, wireless transmission device or accessory equipment is found to be operating in such a manner as to be hazardous to the health and safety of persons working or residing near such facilities, devices or equipment, the owner(s) and operator(s) of the hazardous facility, device or equipment jointly with the owner of the real property parcel where it is located shall be responsible for correcting the hazardous condition. In no case shall a wireless facility, wireless transmission device, or accessory equipment remain in operation if it is found to create an imminent risk of danger to human life or property. The foregoing notwithstanding, no wireless facility, wireless transmission device, or accessory equipment that is found to be in compliance with all current EMF or RF emissions standards established by the FCC or any other federal agency with jurisdiction over the matter shall be deemed hazardous or dangerous solely because of the fact that it emits EMF radiation or RF radiation. D. For the protection of emergency response personnel, all wireless facilities, wireless transmission devices, and accessory equipment shall have a main breaker switch or other similar means of disconnecting electrical power at the site. For collocation sites, a single main switch shall be installed to disconnect electrical power for all carriers at the site in the event of an emergency. E. Wireless facilities, wireless transmission devices, and accessory equipment shall not be operated in any manner that would cause interference with public safety communication • systems or consumer electronics products. F. To ensure all new or modified wireless facilities, wireless transmission devices, and related accessory equipment comply with FCC radio frequency radiation exposure standards before regular operations commence, the applicant shall conduct a post - construction or post - modification NIER /radio frequency radiation exposure test. Compliance with FCC standards shall be demonstrated by a written certification signed under penalty of perjury by a qualified and duly licensed radio frequency engineer. A final building permit clearance will not be issued until the wireless facility, wireless transmission device, and accessory equipment are certified to be in compliance with FCC operating and emissions standards. The recipient(s)/holder(s) of any approval given under this chapter shall have 60 calendar days to bring the non - compliant wireless facility, wireless transmission device, and accessory equipment into compliance. If such facilities, devices or equipment cannot be brought into compliance within 60 calendar days from the completion of construction or completion of modification, such failure shall constitute grounds for the revocation of a conditional use permit or administrative collocation approval. G. To verify ongoing compliance with FCC operating and emissions standards, the recipient(s)/holders(s) of a conditional use permit or administrative collocation approval shall submit updated monitoring information certifying ongoing compliance with FCC operating and emissions standards. Such updated monitoring information shall be submitted on an annual basis within 30 calendar days from anniversary date of approval and shall be prepared by a qualified and duly licensed radio frequency engineer. If such information is not timely provided, the conditional use permit or administrative collocation authorization • may be revoked. If at any time the facility proves to be in noncompliance with FCC operating and emissions standards, the noncompliant wireless facility, wireless transmission TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES t 85 • device or accessory equipment shall cease all operating. The recipient(s)/holder(s) of the conditional use permit or administrative collocation approval shall have 60 calendar days from the date of such disclosure to the City to bring the noncompliant facility, device or equipment into compliance. If the facility, device or equipment remains noncompliant on the sixty -first day the City may revoke the conditional use permit or administrative collocation approval for the noncompliant facility, device or equipment. H. Any violation of this section is hereby deemed a public nuisance and shall constitute grounds for revocation of any permits and /or approvals granted under this chapter. Such violations shall also constitute grounds for abatement and removal of noncompliant facilities, devices and /or equipment by the City at the property owner's expense. 17.54.170 Performance bond. As a condition of approval for any conditional use permit or any administrative collocation under this chapter, the applicant shall be required to procure a performance bond in an amount equal to the reasonably estimated cost associated with removing the wireless facility, wireless transmission device, and all corresponding support structures and accessory equipment covered under a conditional use permit or administrative collocation authorization. 17.54.180 FAA Compliance. All wireless facilities subject to FAA lighting requirements and height restrictions shall remain in compliance with all such restrictions as a condition of approval. All permittees shall provide the Community Development Director with proof of such compliance upon request. • 17.54.190 Maintenance and security. A. Trash and debris. All wireless facilities, wireless transmission devices, support structures, alternative siting structures, and accessory equipment within the City of Rosemead shall be maintained in good repair and kept free from trash, litter, refuse and debris. B. Graffiti, vandalism and damage. All wireless facilities, wireless transmission devices, support structures, alternative siting structures and accessory equipment shall be kept free from graffiti and other forms of vandalism and any damage to the same, regardless of the cause, shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. All graffiti shall be removed from the premises within 24 hours of discovery or within 24 hours of any written notice issued by the City of Rosemead. If the affected surface is a painted surface, graffiti shall be removed by painting over the evidence of such vandalism with paint which has been color- matched to the surface to which it is applied. Otherwise graffiti shall be removed through the use of solvents or detergents. For purposes of this chapter the term "graffiti" refers to any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to or on any surface by any means. C. Landscaping. Any conditional use permit approval or administrative collocation approval which incorporates or otherwise includes the planting, installation, and maintenance of new landscape improvements and /or the preservation and maintenance of existing landscape • improvements, whether or not used as screening, shall be maintained in good condition at all times. Damaged, dead, diseased, or decayed trees, shrubs, and other vegetation as well TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 86 • as damaged or inoperable irrigation equipment shall be replaced promptly, but in no event later than 30 calendar days from the date such deficiencies are detected or the date City issues notice of such deficiencies, whichever occurs first. If a landscape plan was required and approved, the site shall be maintained in accordance with the approved landscape plan at all times. Amendments or modifications to such plan shall be submitted for approval to the Community Development Director. D. Maintenance of certain stealth facilities: Stealth facilities designed to appear as flagpoles must have a flag flown upon the structure and such flag must be properly maintained at all times. Flags which become tattered, torn, faded or otherwise damage shall be replaced with a new flag. Light fixtures included as part of stealth facilities designed to appear as light standard or other lighting structures shall be operable at all times. Damaged, defective or burned -out light fixtures shall be replaced promptly. E. Contact information. A permanent, weather -proof identification sign must be placed on the gate of the fence surrounding a wireless facility or, if there is no fence, at an accessible and conspicuous location approved by the Community Development Director. The sign must state the name, address, phone number of the owner of the real property parcel where the subject wireless facility, wireless transmission device, support structure, alternative siting structure, or accessory equipment is located, the wireless service provider using the equipment, and the owner of the equipment, if different from owner of the real property parcel or the wireless service provider. Fax numbers and e-mail contact number shall also be included, if available. If the owner of the real property parcel where the subject wireless facility, wireless transmission device, support structure, alternative siting structure, or accessory equipment • is located has no other contact information, other than a residential telephone number or residential address, the Planning Commission may maintain such information as part of the records of the City of Rosemead in lieu of appearing on any signage. 17.54.200 Maintenance responsibility. The compliance with the maintenance obligations set forth under this section shall be a joint and severable obligation of the following parties: A. The owner of a wireless facility, wireless transmission device, support structure, alternative siting structure, and accessory equipment and the user(s) /operator(s) of the same if different from the owner; and B. The owner of the real property parcel where a wireless facility, wireless transmission device, support structure, alternative siting structure, and accessory equipment are located. 17.54.210 Abandonment or discontinuance of use— removal of facilities. A. Notice to City. A wireless service provider shall provide written notice by certified U.S. mail to the Community Development Director and the Chief Building Official in the event the wireless service provider intends to terminate or otherwise abandon its use of a wireless facility or individual wireless transmission device, or the wireless service provider is required to discontinue its use of a wireless facility or individual wireless transmission device. Such notice shall be mailed not less than thirty 30 calendar days prior to the contemplated or • anticipated cessation of use; shall state the contemplated or anticipated date upon which the use will end; and shall state the date upon which the wireless facility or individual wireless TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 87 • transmission device shall be completely dismantled and physically removed from the real property parcel where it is sited or located. B. Dismantling and removal of equipment. With respect to the contemplated abandonment, termination or discontinuance of use of an entire wireless facility, the dismantling and physical removal shall include the dismantling and physical removal of all wireless transmission devices, all.support structures and all accessory equipment from the real property parcel where such items were sited. With respect to the contemplated abandonment, termination, or discontinuance of use of an individual wireless transmission device, the dismantling and physical removal shall include the dismantling and physical removal of the wireless transmission device and all corresponding support structures and /or accessory equipment that do not serve wireless transmission devices whose use is ongoing. Physical removal of an entire wireless facility also entails and includes the restoration of the site to its original condition prior to the installation of the wireless facility, excluding any landscape improvements. C. Failure to timely dismantle or remove. If the dismantling and physical removal of a wireless facility or wireless transmission device in the manner contemplated under subsection (B) of this section, above, is not completed by the date indicated in the notice referenced under subsection (A) of this section, above, the Chief Building Official shall issue notice to the wireless service provider and the owner of the real property parcel that the wireless facility or wireless transmission device must be completely dismantled and removed within sixty (60) calendar days from the dismantling and removal date originally noticed by the wireless service provider pursuant to subsection • (A) of this section. D. Constructive abandonment of facilities. A wireless facility or individual wireless transmission device that remains inoperative or unused for a period in excess of one hundred eighty (180) calendar days shall be deemed abandoned for purposes of this section. The foregoing shall apply notwithstanding any assignment of ownership or lease rights as contemplated under Section 17.54.220, below. After one hundred and eighty (180) calendar days of inoperability or nonuse, the Chief Building Official shall issue notice to the wireless service provider and the owner of the real property parcel that the wireless facility or wireless transmission device must be completely dismantled and removed within 60 calendar days. • E. Responsibility for dismantling and removal. The dismantling and physical removal of wireless facilities, wireless transmission devices, support structures, and /or accessory equipment shall be the joint and several responsibility of the wireless service provider and the owner of the real property parcel upon which the wireless facility or wireless transmission device is sited. Nuisance. If an abandoned, inoperative or unused wireless facility or wireless transmission device is not dismantled and physically removed within any time period required under this section, the same shall be deemed a public nuisance and any unexpired permit or authorization to use, operate and /or maintain the wireless facility or the wireless transmission device may be revoked in accordance with Section 17.54.230 of this Chapter. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES I • 17.54.220 Transfer of operation. Any wireless service provider who owns or leases a wireless facility or who leases space for the placement of an individual wireless transmission device upon a support structure or alternative siting structure may assign its ownership or lease rights to another wireless service provider licensed by the FCC provided that any such assignment be conditioned upon the following: A. The issuance of sixty (60) calendar days' prior written notice of any such assignment to the Community Development Director and the Chief Building Official; B. The forwarding of the official name and contact information of the prospective assignee; and C. The assignee's written acknowledgement and assumption of all duties, requirements, restrictions and responsibilities applicable to the use, operation and maintenance of the subject wireless facility or subject wireless transmission device as provided under this chapter or any conditional use permit or other approval issued under this chapter. 17.54.230 Revocation. A. At any time, the Planning Commission or City Council may initiate proceedings to revoke a conditional use permit or other approval issued pursuant to this chapter. Upon making a determination that the permit should be revoked, the deciding body may, at its discretion, initiate a nuisance abatement action pursuant to Chapter 8.44 of the Rosemead Municipal Code. Grounds for revocation include the finding that: 1. The wireless service provider or property owner has abandoned or otherwise ceased its • use of the wireless facility or an individual wireless transmission device; or 2. The wireless service provider or property owner has failed to bring the wireless facility, an individual wireless transmission device, support structure or accessory equipment into compliance with the conditions of approval, or the requirements of this chapter, within any time period provided for in this chapter or within any other extended time period set forth by the Community Development Director or the Chief Building Official; or 3. The wireless facility, wireless transmission device, or accessory equipment no longer complies with applicable health and safety regulations promulgated by the FCC or the Federal Aviation Administration and the recipient(s) /holder(s) of a conditional use permit or administrative collocation approval have failed to timely bring such facilities, devices and equipment into compliance. 17.54.240 Wireless facilities in the public right -of -way. A. Section 7901 of the California Public Utilities Code confers upon telephone corporations as defined herein the right to construct telephone lines and equipment "along and upon any public road or highway" in such manner and at such points as "not to incommode the public use of the road or highway." Public Utilities Code Section 7901.1 authorizes a municipality to "exercise reasonable control" over the time, place, and manner in which roads and highways are accessed. In 2006, the State Legislature adopted the Digital Infrastructure and Video Competition Act of 2006 (the "Act"), which established a state franchising system for video service providers that is administered by the Public Utilities Commission. The Act added Section 5885 to the Public Utilities Code, which requires local entities, including cities, to • allow a state video franchise holder to install, construct, and maintain a "network" within public rights -of -way under the same time, place, and manner provisions that apply to TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 89 telephone corporations under applicable state and federal law, including the provisions of Public Utilities Code Section 7901. B. The City Council finds and determines that it is necessary, desirable, and in the public interest to impose the City's time, place and manner requirements, as authorized by Public Utilities Code Section 7901.1, upon telephone corporations and upon state video franchise holders through the encroachment permit process and procedures that are specified in Title 12 of the Rosemead Municipal Code. Enforcement of the City's time, place, and manner requirements specified in Title 12 is the responsibility of the Superintendent of Streets or designee. 17.54.250 Nonconforming facilities. A. Legal Nonconforming Uses. Any wireless facility, wireless transmission device, support structure, alternative siting structure and accessory equipment placed, affixed, mounted, constructed, developed, erected or installed prior to the effective date of the ordinance codified in this chapter or for which an application for a use permit is deemed complete prior to the effective date of the ordinance codified in this chapter, in compliance with all applicable laws and which does not conform to the requirements of this chapter shall be accepted and allowed as a legal nonconforming use. Such legal nonconforming uses shall comply at all times with the laws, ordinances and regulations in effect at the time the application was deemed complete, and any applicable federal or state laws as they may be amended or enacted from time to time, and shall at all times comply with the conditions of approval. • B. Illegal Nonconforming Uses. Any wireless transmission facility, wireless transmission device, support structure, alternative siting structure and accessory equipment placed, affixed, mounted, constructed, developed,. erected or installed prior to the effective date of the ordinance codified in this chapter in violation of applicable laws, ordinances or regulations shall be considered an illegal nonconforming use and shall be subject to abatement as a public nuisance. Cl 17.54.260 Fees. By resolution, the City Council may establish, and from time to time adjust, fees to recover the reasonable estimated cost of processing and reviewing applications for the approval of conditional use permits issued pursuant to this chapter. The fee for processing and reviewing applications for administrative collocation permits shall be the same as for site plan review as established by the City Council. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 0 I1 [-7 0 r. • ARTICLE 4 SUPPLEMENTAL STANDARDS Chapter 17.68 FENCES, WALLS, AND LANDSCAPE SCREENING Sections: 17.68.010 Purpose and applicability. 17.68.020 Permit requirements. 17.68.030 Height limitations — residential development 17.68.040 Height limitations — commercial, industrial, residential /commercial mixed -use or commercial/industrial mixed -use development 17.68.050 Retaining walls. 17.68.060 Fencing for residential or nonresidential sports facilities. 17.68.070 Determining height. 17.68.080 Prohibited fencing materials. 17.68.060 Fencing of hazardous areas. 17.68.100 Fences on lots that are vacant, under construction, or being demolished. 17.68.010 Purpose and applicability. The following standards are intended to ensure that all fences, walls, and hedges provide the desired privacy, safety, and quality design. The standards are also intended to ensure that • fences, walls, and landscape screening do not create a public safety hazard or nuisance. Fences, walls, hedges, shrubs or similar materials used for screening shall be consistent with the following requirements. 17.68.020 Permit requirements. A. Residential zones. A fence permit shall be required to install new or replacement fencing or masonry walls in any residential zone. No permit shall be required for the planting of landscape screening. B. Nonresidential zones. An administrative site plan review shall be required to install new or replacement fencing or masonry walls on nonresidential property. No permit shall be required for the planting of landscape screening. 17.68.030 Height limitations - residential development A. Fences and Walls. In the R -1, R -2, and R -3 zones no fence or wall located in a rear or side yard shall exceed a height of six (6) feet. 2. In the R -1, R -2, and R -3 zones no fence or wall located in the required front yard shall exceed a height of four (4) feet. 3. On a reversed comer lot, no fence or wall or located within five (5) feet of the street side or within ten (10) feet of the rear line between the street and the established setback line Son the key lot to the rear, shall exceed a height of four (4) feet. TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS ; 1 • 4. Walls and fences shall be kept in good condition and properly maintained. B. Landscape Screening. 1. Landscape screening in residential rear or side yards shall not be subject to a height limit, except for landscape screening on reversed comer lots. On a reversed corner lot, no hedge or other landscape screening material located within five (5) feet of the street side or within ten (10) feet of the rear line between the street and the established setback line on the key lot to the rear, shall exceed a height of four (4) feet. 2. Landscape screening located within the required front yard shall not exceed a height of four (4) feet. 3. Landscape screening shall not encroach onto a curb or sidewalk or over a lot line. 17.68.040 Height limitation - commercial, industrial, residential/commercial mixed -use and commercial /industrial mixed -use development A. A six (6) foot high solid masonry wall shall be constructed and maintained along any side or rear lot line adjacent to residentially zoned or used property, school or park. The wall shall be not less than three (3) feet but not more than four (4) feet in height where it is adjacent to a required residential front yard setback. B. Within the C-1, C -3, C4, CBD, and CI -MU zones, walls located within ten (10) feet of any public right -of -way shall not exceed a height of three (3) feet. • C. Within the M -1 zone, a solid wall not less than six (6) feet in height and no more than eight (8) feet in height shall be erected along the property line separating the M -1 zone from any residential zone or use, school, park or commercial zone. However, the wall shall not be more than four (4) feet in height where it adjoins a front yard setback of any residential or commercial property. D. Any outdoor area used for storage shall be completely enclosed by a solid, decorative masonry wall and a solid gate not less than six (6) feet in height. The Community Development Director may approve the substitution of a fence or decorative wall where such fence or wall provides adequate visual clearance, is structurally adequate, and is equivalent in decorative appearance. In no event shall the height of such storage exceed the height of the wall or fence enclosing the storage area. E. Walls shall have a decorative color and texture consistent with the architectural style and materials of the commercial or industrial development. Architectural and other treatment of the wall is required. 1. Where new walls are erected in locations visible from a public right -of -way, the use of full dimension caps, pilasters, and changes in wall surfaces (staggering) shall be applied. 2. In locations where walls might invite vandalism or graffiti, landscaping should be provided along the walls. • F. Walls and fences shall be kept in good condition and properly maintained. TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 2 • G. Landscape screening shall not encroach onto a curb or sidewalk or over a lot line. 17.68.060 Retaining walls. A. Where there is a necessary retaining wall for a lot that is above a sidewalk or at the top of a curb grade, additional wall height up to three (3) feet may be allowed, subject to a Site Plan and Design Review approval. The maximum height for a combination retaining wall and fence shall be seven (7) feet. B. The non - retaining portion of the fence or wall combination cannot exceed four (4) feet. C. The retaining portion of the fence or wall combination cannot exceed four (4) feet. D. Extensions above four (4) feet, as measured from the sidewalk, or top of the curb, shall be constructed of wrought iron or other non - obscuring materials determined to be acceptable, subject to the Site Plan and Design Review application. 17.68.060 Fencing for residential or nonresidential sports facilities. To enclose tennis courts or similar sports areas located within the rear lot, fences over six (6) feet in height shall be permitted, provided that any portion of the fence or structure which is higher than six (6) feet shall be composed of wire mesh or other material whose vertical service is not more than ten (10) percent solid, unless safety necessitates otherwise. Such additional wire mesh or similar material shall be subject to site plan approval. 17.68.070 Determining height. • A. General. The height of fences, walls, and hedges shall be measured as the vertical distance from the ground elevation or finished grade of the property on which the fence or wall is erected to the highest point of the fence or wall. To allow for variation in topography on a parcel, the height of a fence or wall may vary intermittently up to six (6) inches. B. Difference in grade height between two parcels. Where there is a difference in the ground elevation or finished grade between two (2) adjoining parcels of less than two (2) feet, the height of any fence or wall constructed along the common property line shall be determined by using the finished grade of the highest adjoining parcel. When there is a difference in ground level between two (2) adjoining parcels of two (2) feet or more, the height of the fence shall be determined by the Community Development Director. The Community Development Director shall consider the physical and visual height impact on abutting parcels. 17.68.080 Prohibited fencing materials. A. Residential zones. The following fencing materials shall be prohibited in all residential zones: barbed or razor wire, electrified wire, chicken wire and similar small -gauge wire or mess product, chain -link fencing, or other materials hazardous to wildlife. 1. Exceptions. Chain -link fencing shall be a permitted fencing material for: a. The screening of vacant land in accordance with Section 17.68.100; • b. The temporary screening of lots under construction or being demolished in accordance with Section 17.68.100; and TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS i 3 • B. Commercial, industrial, residential /commercial mixed -use zones, commerciaUndustrial mixed use. The following fencing materials are prohibited in all commercial, industrial, residential /commercial, and commercial/industrial zones: barbed or razor wire, electrified wire, chicken wire and similar small gauge wire or mesh product, plastic, and chain -link fencing, or other materials hazardous to wildlife. 1. Exceptions. Chain -link fencing shall be a permitted fencing material for: a. The screening of vacant land in accordance with Section 17.68.100; b. The temporary screening of lots under construction or being demolished in accordance with Section 17.68.100; and c. To enclose an area where a solid wall or fence would create a physical hazard (i.e. the containment of mechanical equipment under an electrical transmission right -of -way). The use of chain -link fencing in this circumstance is subject to the review and approval of the Community Development Director. 17.68.090 Fencing of hazardous areas. A fence or wall six (6) feet or greater in height may be required along the perimeter of all areas which, by reasons of conditions of the property or physical hazards, such as frequent flooding, erosion, excavation, or grade separation, are considered by the Community Development Director to be dangerous to the public health and safety. • 17.68.100 Fences on lots that are vacant, under construction, or being demolished. A. For the purposes of this subsection, "vacant property" means property which has no structures or buildings or property that has buildings or structures which are unoccupied. "Under construction" and "demolish" shall be defined pursuant to the Los Angeles County Building Code as adopted by the City. "Unoccupied" means any building or structure which is not secured, locked or closed, or is not constantly being used for its intended purpose, or is accessible to juveniles, transients or loitering, or is by virtue of its unattended status a potential health, fire or safety hazard. • B. All property that is vacant, under construction, or being demolished shall be totally enclosed around the perimeter by a fence that is a minimum of six (6) feet in height as measured from adjacent property, subject to the approval of the Community Development Director or other designated officials. C. The required fence shall be adequately constructed from chain link, lumber, masonry or other approved materials. The fence shall be entirely self - supporting and shall not encroach or utilize structures or fencing on any adjacent property without prior written approval of the adjacent property owner. D. The fence shall be installed prior to the initiation of any construction or demolition and shall be continuously maintained in good condition. E. Signs stating "PRIVATE PROPERTY, NO TRESPASSING' shall be posted on the fence. TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 14 • F. The provisions of this section shall not apply to a fence or wall as required by any law or regulation of the state of California or any agency thereof. • 17.68.110 Requirement for construction of a six -foot high masonry wall. The City Council finds that there are areas within the City where commercial zones abut residential zones and the construction of a block wall is necessary to protect such residential areas. Any owner, lessee, occupant or agent constructing or causing the construction of any building, building addition, accessory building, or repairs estimated by the Building Department to have a value of ten thousand dollars ($10,000.00) or more upon any commercially used and zoned lot adjacent to property zoned and used for residential purposes shall construct a six -foot high masonry wall along the property line where the commercially zoned lot has a common or rear lot line with a residentially zoned property. Any person desiring to obtain a modification from the provisions of this section may file with the Planning Commission a written application, citing the reasons for such request. The Planning Commission shall give the applicant for such modification an opportunity to be heard if he or she so desires, and thereafter may grant or deny the application for the modification, or may grant the same upon such conditions as the Planning Commission deems necessary for the preservation of the safety, health or property of the general public. Any interested person may appeal the decision of the Planning Commission to the City Council by filing an appeal pursuant to Chapter 17.160 (Appeals) of this code. TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS ; 5 Chapter 17.72 NONCONFORMING USES, STRUCTURES, LOTS • AND PARKING FACILITIES Sections: 17.72.010 Purpose. 17.72.020 Limitations on other uses. 17.72.030 Nonconforming uses. 17.72.040 Nonconforming structures. 17.72.050 Nonconforming due to parking. 17.72.060 Parking structures and residential garages. 17.72.070 Nonconforming lots. 17.72.080 Reconstruction of damaged nonconforming buildings. 17.72.090 Exceptions. 17.72.100 Loss of legal nonconforming status. 17.72.010 Purpose. A. The provisions of this Section establish regulations for legal nonconforming land uses and structures. These are land uses and structures within the City that were lawfully established or constructed before the adoption or amendment of this Title, but which would be prohibited, regulated or restricted differently under the current terms of this title or future amendments thereto. Excepted from these regulations are nonconforming signs, billboards and advertising devices, which are subject to the provisions of Chapter 17.116.060 of this Title. • B. It is the intent of this Section to encourage the continuing improvement of the City by limiting the extent to which nonconforming structures and uses may continue to be used, expanded, or replaced, while allowing for improvements to their appearance. 17.72.020 Limitations on other uses and structures. Except as hereinafter expressly provided, as long as a nonconforming use, building, or structure exists upon any lot, no new use, building, or structure may be established or constructed thereon. 17.72.030 Nonconforming uses. A. Continuation of use. Any nonconforming use may be maintained and continued provided that there is no increase or enlargement of the area, space or volume occupied by or devoted to the nonconforming use. Alterations that do not increase or enlarge a nonconforming use or increase environmental impacts (such as traffic, noise, drainage, light and glare, etc.) may be approved. B. Abandonment or discontinuance of use. A nonconforming use which has been abandoned or has been discontinued for a period of one (1) year shall not be reestablished and any subsequent reuse or any new use established shall conform to the current provisions of this Title. C. Change of use. A nonconforming use that is changed to, or replaced by a conforming use shall not be • reestablished. TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 6 • D. Existing variances and conditional use permits in effect. No use, building, or structure shall be defined as nonconforming for the purpose hereof, where it was previously authorized by a zone variance or conditional use permit, so long as the use, building, or structure conforms with the terms and conditions of the variance or conditional use permit. The variance or conditional use permit must be validly issued and remain unrevoked and unexpired. 17.72.040 Nonconforming structures. A. Alterations or additions. The alteration, enlargement, expansion, extension or reconstruction of a nonconforming structure that is occupied by a conforming use shall be subject to the following: 1. Applicability. This section shall apply to a structure that was established legally which has become nonconforming due to setbacks, floor area, height, or other similar development standards for structures. 2. Enlargement. A structure that is legal nonconforming due to setbacks, height, or other similar development standard, but not including floor area, may be enlarged or extended provided that the enlargement shall not increase the degree on non - conformity nor shall it extend into any conforming setback area. Such enlargement shall be permitted pursuant to the standards set forth in Chapter 17.142. 3. Interior alterations. Changes to interior partitions or other non - structural improvements is may be made within structure that is legal nonconforming. B. Repairs and maintenance. Ordinary repairs and maintenance work may be made to legal nonconforming structures, subject to the following provisions: 1. Ordinary repairs and the repair or replacement of nonbearing walls, fixtures, wiring, and plumbing may be made to an extent not exceeding the latest assessed valuation of the structure. 2. Maintenance work shall not include structural alterations, except those required by the Building Official or by any officer of the City charged with protecting the public safety, in order to correct an unsafe condition. 17.72.050 Nonconforming due to parking. A. Land use changes in nonresidential zones. A use that is nonconforming due to the lack of compliance with off- street parking standards may undergo changes in use subject to the provisions listed below. The use of a structure, which is only nonconforming due to lack of compliance with off - street parking requirements, may be changed to another use as long as the new use is permitted in the zoning district and does not require any more parking than the current use within the structure. • 2. The use of a structure, which is nonconforming due to lack of compliance with off - street parking requirements, may be changed to another use which requires more parking than TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS i 7 • the current use within the structure if it can be demonstrated through the application and compliance with alternative parking provisions, as set forth in Chapter 17.112 (Off- Street Parking and Loading). B. Residential single - family dwellings. An addition that does not exceed one hundred twenty (120) square feet shall be permitted to any single - family detached dwelling which is nonconforming, provided the following facts are found by the Community Development Director: 1. The proposed addition does not exceed one hundred twenty (120) square feet and no other building permits for additions have been issued for the subject dwelling, 2. There has been no conversion of required automobile parking spaces to any other use on the subject property, and 3. The proposed addition does not, by virtue of its placement on the subject property, preclude future construction of an enclosed garage per the City's Zoning Code. 17.72.060 Parking structures and residential garages. A use that is nonconforming due to the lack of compliance with off - street parking standards for a parking lot, parking structure, or residential garages (such as turning radius, size, landscaping, etc.) may be used to serve a new use that does not require more parking than the original use, provided that any unsafe conditions determined to exist by the Community Development Director, or Building and Safety Official, or City Engineer shall be made to conform to current • City standards. 17.72.070 Nonconforming lots. Nonconforming lots may be developed in conformance with the provisions outlined in Article 2, Chapter 17.08, Section 17.08.050. 17.72.080 Reconstruction of damaged nonconforming buildings. Nonconforming structures damaged or destroyed due to an involuntary catastrophic event (e.g. fire, earthquake, or other calamity) may be reconstructed or replaced provided: A. The new structure shall comply with the development standards (such as setbacks and height standards) in effect when the damaged or destroyed structure was originally constructed; provided however, the new structure shall contain no more dwelling units and /or floor area than the damaged structure. B. All new construction shall comply with the current Building and Fire Code requirements. However, the Building Official may require compliance for areas other than the new construction when deemed necessary. C. A building permit for reconstruction must be obtained no later than one (1) year after the date of destruction, and construction must be pursued diligently to completion. D. If the preceding requirements are not met, the replacement structure shall comply with all current requirements of this Title in effect on the date of application for the required building • permit. TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 18 • 17 ' 72.090 Exceptions The purpose of this Section is to preserve residential development rights for properties that were legally developed as residential and have been re -zoned to a non - residential zone. A. Nonconforming Uses and Structures. Properties previously zoned residential with legally established residential uses that have been re -zoned non - residential may continue to be used and developed in compliance with the R -1 development standards including but not limited to, additions and expansions, but not including the construction of additional units. Vacant Properties. Vacant properties shall be developed in compliance with the non- residential development standards. 2. Non - Residential Development. If the property is developed into a non - residential use in conformance with the non - residential zone the property will lose its non - conforming exception status and must from that point forward conform to the existing zone. 17.72.100 Loss of legal nonconforming status. A. The right to continue a nonconforming use shall terminate when it is determined to be a public nuisance by order of the Hearing Officer pursuant to procedures provided in Chapter 8.44 of this code or the order of a court of competent jurisdiction and the nuisance is not abated in the manner and within the time stated in the order of the Hearing Officer or the order of the court. In addition to the specific grounds for finding a nuisance as set forth in Chapter 8.44 of this code, a nonconforming use is a public nuisance if: • 1. The use is, or likely to become, injurious or detrimental to health, safety or welfare, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any public park, square, street or highway; or 2. The use is a business establishment that permits persons to congregate for unreasonably long time periods in parking areas and /or pedestrian walkways resulting in unreasonable noise levels in residential areas between the hours of nine p.m. to seven a.m., or resulting in the persons obstructing or interfering with the free passageway in the parking areas or on said pedestrian walkways, or which becomes a place where an unreasonable number of violations of Title 9 (Public Peace, Morals and Welfare) of this code (such as underage drinking or gambling); or B. The right to continue the use of a nonconforming structure shall terminate when the structure and/or the parcel on which it is located is determined to be a public nuisance by order of the Hearing Officer made pursuant to Chapter 8.44 of this code, or by judgment or order of a court of competent jurisdiction and the nuisance is not abated in the manner and within the time stated in the order of the Hearing Officer or order of the court. If the abatement of the nuisance required demolition of the structure, the order, judgment or order of the court shall find that there is no other way reasonably to correct the nuisances other than by demolition of the structure. C. Where it cannot be found that demolition of a structure is appropriate, the Hearing Officer shall permit the structure to remain in existence, but may impose one or more conditions to • bring the structure into conformity with the requirements of this Title so far as is reasonable in addition to any other conditions necessary to abate the public nuisance. TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 9 • Chapter 17.76 OUTDOOR SALES AND GARAGE SALES Sections: 17.76.010 Outdoor display and sales. 17.76.020 Garage sales. 17.76.010 Outdoor display and sales. The intent of this section is to provide standards for outdoor display of merchandise connected to and operated with permanent commercial and manufacturing uses. A. Application procedure. Any business in the C -1, C -3, C-4, CBD, CI -MU, and M -1 zones seeking outdoor display of merchandise shall submit an application to the Community Development Director for an Outdoor Display Permit. The application shall be accompanied by a site plan, photos, and other exhibits as may be required to properly evaluate the request along with an application fee in an amount to be determined by resolution of the City Council. The application shall include the days of the week, hours, and number of weeks per year for which the application is requested. B. The Community Development Director shall approve an application for the outdoor display of merchandise if the application meets the development standards set forth in this section. The Community Development Director may place reasonable conditions on the issuance of • the permit to ensure conformance with the City's development standards. In the event a permit is denied, the Community Development Director shall supply findings in writing to the applicant within thirty (30) days of such denial. C. The Community Development Director shall retain jurisdiction over the permit and may enforce its provisions as required to ensure compliance with this section. D. Outdoor display development standards. Outdoor display incidental to the primary use shall be allowed in the C -1, C -3, C-4, CBD, CI- MU, and M -1 zones. The outdoor display must comply with the development standards of this section, with the exception of auto dealerships, automotive service stations, and plant nurseries. Outdoor displays shall meet the following requirements: 1. A display area shall be on private property and shall not encroach on required parking areas or landscaped areas. 2. The display area shall be directly related to an allowed use occupying a principal structure on the same premises. 3. Displayed merchandise shall not obstruct traffic sight areas; encroach upon landscaped areas, driveways, parking spaces, or pedestrian walkways; or otherwise create hazards for vehicle or pedestrian traffic. 4. The display area shall be limited to twenty five percent (25 %) the length of the building • or twenty -five (25) feet, whichever is less. The area shall not extend laterally beyond the TITLE 17 - ZONING ARTICLE 4 -SUPPLEMENTAL STANDARDS i 10 • store or building frontage or block access to the business or any other adjacent building /store entrance(s); 5. The display area shall not create a safety hazard or block access to disabled persons; 6. Stacked merchandise may not be above a height of four (4) feet. Displays of merchandise that exceed four (4) feet in height, but is not higher than twelve (12) feet in height may be displayed provided that it does not cover or block more than twenty five percent (25 %) of the front of the business selling the merchandise. The display of trees for sale is not subject to any height limitation. 7. The items proposed for display and sale are the same as those sold inside the store or items that would typically be sold at the business and do not consist of unprepared, packaged merchandise. For purposes of this section "Unprepared, Packaged Merchandise" means items that have been sealed, wrapped or packaged in protective materials not designed for profession merchandise displays. 8. Additional signs, beyond those normally allowed for the subject use, shall not be provided for the outdoor display and sales area. 9. A display area shall be consistent with the City's General Plan, zoning ordinances, and other regulations; 10. A display area shall not be detrimental to the public health, safety, or welfare; • 11. A display area shall not create a public nuisance; and 12. A display area shall not emit noise, odor, smoke, or other obnoxious substances; E. Outdoor display operational requirements. Once approved, outdoor displays shall meet the following requirements: 1. Support structures such as tables and racks used in conjunction with the outdoor display of merchandise shall be removed at the end of each business day; and 2. Merchandise shall be maintained in a neat and orderly manner at all times. F. Appeals. Any decision made pursuant to this section may be appealed pursuant to Chapter 17.160 (Appeals). i G. Revocation. The Community Development Director may revoke the Outdoor Display Permit if the permittee fails to comply with the requirements of this section or any conditions of approval. Prior to revoking the . permit, the Community Development Director shall provide the permittee a written notice of non - compliance. The permittee shall have a right to appeal the notice of revocation pursuant to Chapter 17.160 (Appeals). 17.76.020 Garage sales. A property owner or occupant of a residence shall be permitted to conduct a garage sale on an improved residentially zoned lot provided that: TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS ! 11 • A. No more than two (2) garage sales per address shall be conducted in any six -month period. B. Garage sales shall only be held between the hours of 8:00 a.m. and 8:00 p.m., for a maximum of three (3) consecutive days. Inclement weather may extend the period of time equal to the days lost. C. The merchandise for sale shall consist only of the property owner's or occupant's personal goods. Outside consignments, lot purchases, and the like, for the purpose of resale shall not be permitted. D. The sales area may be conducted on any portion of the ground area of the property outside of the residential dwelling unit or within a garage. No merchandise shall be placed on any public property or right -of -way. E. No advertising signs shall be posted more than one (1) week prior to the initial sale date. No signs relating to such sale shall be placed on the premises except one (1) double - face sign not to exceed six (6) square feet, as measured on one (1) side and only located on the subject property. No signs shall be placed on any public property (i.e., utility pole, traffic sign), right -of -way, or vehicle parked on a public street, alley, or private easement. The conductors of the sale shall remove all signs immediately at the end of the sale. F. The resident of the property shall first obtain a City permit and a copy of such permit • shall be displayed at the site of the sale at all times during such sale. Proof of residency is required. Acceptable forms of proof of residency include utility bill, picture ID, rental agreement, and mortgage statement. Cell phone, cable, and credit card bills will not be accepted as a proof of residency, nor will bank statements. • G. The provisions of this section shall not apply to churches, public and private schools, or charitable organizations if the sale is conducted on the property of the organization and not in a private residence. If such sale is conducted in or on the premises of a private residence, all of the provisions of this section shall apply. H. Violation of any provision of this section is determined to constitute an infraction, punishable by a fine not exceeding one hundred dollars ($100) for a first violation, a fine not exceeding two hundred dollars ($200) for a second violation of the same section within one (1) year and a fine not exceeding five hundred dollars ($500) for each additional violation of the same section within one (1) year. A fourth violation within one year shall constitute a misdemeanor. TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 12 • Chapter 17.84 DENSITY BONUS Sections: 17.84.010 Purpose. 17.84.020 Applicability. 17.84.030 Available density bonuses. 17.84.040 Calculation of density bonus. 17.84.050 Density bonus general provisions. 17.84.060 Requirements for targeted affordable dwelling units. 17.84.070 Additional incentive /concession for projects with affordable units. 17.84.080 Parking standards. 17.84.090 Granting an incentive or concession. 17.84.100 Land donation - density bonus. 17.84.110 Day care centers - density bonus, incentive or concession. 17.84.120 Condominium conversions - density bonus. 17.84.130 Density bonus application requirements and process. 17.84.140 Density bonus housing agreement. 17.84.010 Purpose. The purpose of this Chapter is to provide incentives for the development of housing for very low income, lower income, moderate income households and senior citizens in the City of • Rosemead and to establish procedures for carrying out the legislative requirements and complying with California Government Code section 65915 et seq. In enacting this Chapter, it is the intent of the City to facilitate the development of affordable housing by positively impacting the economic feasibility of providing lower income housing and implementing the goals, objectives, and policies of the City's Housing Element. If there is a conflict between any provision and State law, State law shall control. Projects requesting density bonuses, concessions, and /or incentives shall be approved by the City Council subject to the provisions of Section 17.84.140 and any other applicable requirements of this Code. 17.84.020 Applicability. This chapter applies only to a housing development containing five (5) or more dwelling units, excluding density bonus units. 17.84.030 Available density bonuses. Pursuant to State law, a density bonus may be selected from only one of the following categories, except as specified in Sections 17.84.100, 17.84.110 and 17.84.120. Available density bonuses for very-low /lower /moderate income and qualifying resident/senior units are summarized in Table 17.84.030.1. A. Basic density bonus for very-low income units. A residential development is eligible for a twenty (20) percent density bonus if the applicant seeks a density bonus and agrees to construct five (5) percent of the total units of the residential development as units affordable to very-low income households. (For each additional one (1) percent increase in units affordable to very-low income households, the density bonus shall be increased by two and one half (2.5) percent, up to a maximum • density bonus of thirty five (35) percent.) TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 13 • B. Basic density bonus for lower- income units. A residential development is eligible for a twenty (20) percent density bonus if the applicant seeks a density bonus and agrees to construct ten (10) percent of the total units of the residential development as units affordable to lower- income households. (For each additional one (1) percent increase in units affordable to lower- income households, the density bonus shall be increased by one and one half (1.5) percent, up to a maximum density bonus of thirty five (35) percent.) C. Basic density bonus for moderate - income ownership units. A residential development is eligible for a five (5) percent density bonus if the applicant seeks a density bonus and agrees to construct ten (10) percent of the total units as ownership units affordable to moderate - income households. (For each additional one (1) percent increase in ownership units affordable to moderate - income households, the density bonus shall be increased by one (1) percent, up to a maximum density bonus of thirty five (35) percent.) D. Basic density bonus for qualifying residentsisenior housing. A housing development restricted to those identified as a "qualifying resident" under Government Code Section 65915 is eligible for a twenty percent (20) percent density bonus if it includes at least thirty five (35) dwelling units, and the applicant seeks a density bonus. Housing developments for qualifying residentstseniors are not required under State law to be affordable to very-low, lower or moderate - income households. TABLE 17.84.030.1 • DENSITY BONUS SUMMARY FOR VERY - LOW /LOWER/MODERATE INCOME & QUALIFYING RESIDENT /SENIOR UNITS • TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS i 14 Minimum Eligible Additional Density Maximum Target Housing Units Amount of Density Bonus for Each Density Bonus Target Units Bonus 1% Increase in Allowed Required Target Units Very-Low Income 5% 20% 2.5% 35% Households Lower - Income 10% 20% 1.5% 35% Households Moderate - Income Households 10% 5% 1% 35% (Ownership Units Only) 35 units Qualifying (100% senior, Resident/Senior 20% Not applicable Not applicable Housing no affordable units required) TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS i 14 17.84.040 Calculation of density bonus. • A. The density bonus units shall not be included when determining the number of target units required to qualify for a density bonus. When calculating the required number of target units and the allowable number of density bonus units, any calculations resulting in fractional units shall be rounded to the next larger whole number. B. The developer may request a lesser density bonus than the project is entitled to, but no reduction will be allowed in the number of required target units. Regardless of the number of target units, no residential development shall be entitled to a total density bonus of more than thirty five (35) percent. C. Each residential development is entitled to only one (1) density bonus, which may be selected by the applicant based on the percentage of either very-low income target units, lower- income target units, or moderate - income ownership target units, or the project's status as qualifying resident/senior housing. 17.84.050 Density bonus general provisions. A. The clustering of density bonus units throughout the residential development project is permitted. B. A residential development shall not be precluded from providing additional affordable units or affordable units with lower rents or sales prices than required by this chapter; however, maximum density bonus limits shall still apply. • C. The granting of a density bonus or incentive /concession, in and of itself, shall not be interpreted to require a General Plan amendment, Zoning Code amendment, Zone Change, or other discretionary approval. 17.84.060 Requirements for targeted affordable dwelling units. A. The targeted affordable units shall reflect the range of numbers of bedrooms provided in the residential development project as a whole. B. The target affordable units shall be comparable in the facilities provided (e.g., laundry, recreation, etc.). C. The exterior of targeted affordable units shall be substantially similar to the market rate units. D. The target affordable units may be smaller and have different interior finishes and features than the market rate units. E. Each targeted affordable unit shall be constructed per the requirements of this Title, unless otherwise waived as a concessionlncentive. F. On -site targeted affordable units shall be dispersed throughout the residential development. G. Targeted affordable units shall remain as such throughout the term of the density bonus housing agreement, required pursuant to Section 17.84.140 (Density Bonus Housing • Agreement). TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 15 • 17.84.070 Additional incentive /concession for projects with affordable units. A. Identification of "Incentive" or "Concession ". Incentives or concessions that may be requested pursuant to this chapter may include the following: A reduction of development standards or a modification of Zoning Code requirements which exceed the minimum building standards provided in Part 2.5 (commencing with Section 18901) of Division 13 of the State Health and Safety Code and which result in identifiable, financially sufficient, and actual cost reductions. The reduction of development standards or modification of Zoning Code requirements may include, but are not limited to, the following: a. Reduction of required minimum lot sizes. b. Reduction of required lot dimensions. c. Reduction in the size of required yards. d. Increase in the allowable maximum lot coverage or reduction in the size of required usable open space. e. Increase in the maximum building height. f. Reduction of the minimum distance requirement between buildings. • 2. Applicants may seek a waiver or modification of development standards that will have the effect of precluding the construction of a residential development at the densities or with the incentives or concessions permitted by this chapter. The applicant shall show that the waiver or modification is necessary to make the housing units economically feasible based upon appropriate financial analysis and documentation. • 3. Allowing for mixed -use buildings or developments in conjunction with the residential development, if non - residential land uses will reduce the cost of the residential development, and if the City finds that the proposed non - residential uses are compatible with the residential development and with existing or planned development in the area where the proposed residential development will be located. 4. Deferral of development impact fees (e.g., park fees or traffic impact fees) until occupancy. 5. Other regulatory incentives or concessions proposed by the applicant or the City that result in identifiable, financially sufficient, and actual cost reductions. B. Eligibility for incentives and concessions. If the applicant seeks a density bonus and agrees to construct the specified number of target affordable units, a residential development project shall be eligible for one (1) or more incentives and concessions as follows in Table 17.84.070.1. Incentives or concessions may be selected from only one (1) category (very-low, lower, or moderate income). TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS ! 16 0 • TABLE 17.84.070.1 SUMMARY OF MAXIMUM NUMBER OF INCENTIVES /CONCESSIONS BASED ON TARGET AFFORDABLE UNITS PROVIDED Target Units as a Percentage of Total Units in Project Maximum Number of Incentive(s) /Concession(s) Allowed Very-Low Income Units 5% of Total Units in;Project 1 10% of Total Units in Project 2 15% of Total Units in Project 3 Lower- Income Units 10% of Total Units in Project 1 20% of Total Units in Project 2 30% of Total Units in Project 3 Moderate - Income Units (Ownership Units Only) 10% of Total Units in Project 1 20% of Total Units in Project 2 30% of Total Units in Project 3 17.84.080 Parking standards. A. Upon request of the applicant, the maximum following parking standards shall apply, inclusive of handicapped and guest parking spaces, to the housing development that meets the standards of Section, 17.84.030 (Available density bonuses). 1. One (1) onsite parking space for up to one (1) bedroom; 2. Two (2) onsite parking spaces for up to three (3) bedrooms; 3. Two (2) and one -half (112) parking spaces for more than three (3) bedrooms. B. All parking calculations for the development resulting in a fraction shall be rounded up to the next whole number. C. Parking may be provided by tandem parking or uncovered parking, but not by on street parking. D. Applicant may request additional parking incentives or concessions beyond those provided in this section pursuant to Section 17.84.070 (Additional incentive /concession for projects • with affordable units). TITLE 17 -ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 17 • 17.84.090 Granting an incentive or concession. When the requirements of this chapter are satisfied, the requested incentive /concession shall be granted unless the City Council makes the following finding based on evidence in the record: The requested incentive /concession is not required to make the units affordable. 17.84.100 Land donation - density bonus. The following density bonus applies only when land is donated for the construction of very-low income housing. i A. Eligible amount of density bonus for land donation. A residential development is eligible for a fifteen (15) percent density bonus if the applicant seeks a density bonus and agrees to donate and transfer ten (10) percent of the land within the project for the development of units affordable to very-low income households. For each additional one (1) percent increase above the minimum ten (10) percent land donation, the density bonus shall be increased by one (1) percent, up to a maximum of thirty five (35) percent. This increase shall be in addition to any increase in density allowed by Section 17.84.030, up to a maximum combined density bonus of thirty five (35) percent if an applicant seeks both the density bonus authorized by this section and the density bonus authorized by Section 17.84.030. These provisions are summarized in Table 17.84.120.1, Density Bonus Summary for Land Donation, Day Care Center and Condominium Conversion. B. Necessary findings • The City may approve the density bonus described in this section if it makes all of the following findings when approving the residential development: 1. The applicant will donate and transfer the land no later than the date of approval of the final map, parcel map, or applicable development review application for the residential development. 2. The developable acreage and zoning regulations of the applicable zoning district of the land to be transferred will permit construction of units affordable to very-low income households in an amount not less than ten (10) percent of the total number of residential units in the proposed development, or will permit construction of a greater percentage of affordable units if proposed by the developer to qualify for a density bonus of more than fifteen (15) percent. 3. The transferred land is at least one (1) acre in size or is large enough to permit development of at least forty (40) units, has the appropriate General Plan land use designation, has the appropriate zoning and development standards to make feasible the development of very-low income housing, and at the time of project approval is, or at the time of construction will be, served by adequate public facilities and infrastructure. C. Requirements for land donation. 1. No later than the date of approval of the final map, parcel map, or other applicable development review application for the residential development, the transferred land • shall have all of the applicable development permits and approvals, other than any required building permit approval, necessary for the development of the very-low income TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 18 • housing units on the transferred land unless the City Council finds that the applicant has provided specific assurances guaranteeing the timely completion of the very-low income units, including satisfactory assurances that construction and permanent financing will be secured for the construction of the units within a reasonable time. 2. The transferred land and the very-low income units constructed on the land shall be subject to a recorded density bonus housing agreement, required pursuant to Section 17.84.140, ensuring continued affordability of the units consistent with the density bonus housing agreement, which restriction on the property shall be filed for recordation by the Community Development Director with the Los Angeles County Recorder's Office at the time of dedication. 3. The land shall be transferred to the City or to a housing developer approved by the City. The City reserves the right to require the applicant to identify a developer for the very- low income units and to require that the land be transferred to that developer. 4. The transferred land is within the site boundaries of the proposed residential development. However, the transferred land may be located within one - quarter mile of the boundary of the proposed residential development provided that the City Council finds, based on substantial evidence, that off -site donation will provide as much or more affordable housing at the same or lower income levels, and of the same or superior quality of design and construction, and will otherwise provide greater public benefit than donating land on -site. 17.84.110 Day care centers -density bonus, incentive or concession. • A. A residential development that includes affordable target units and a day care center that will be located on the premises of, as part of or adjacent to the residential development, is eligible for either of the following, (summarized in Table 17.84.120.1, Density Bonus Summary for Land Donation, Day Care Center and Condominium Conversion), at the option of the City, and if requested by the applicant: A density bonus in addition to that permitted by Section 17.84.030 that is equal to the square footage of the gross floor area of the day care center; or 2. An additional incentive /concession that contributes significantly to the economic feasibility of the construction of the day care center. B. The City may approve the density bonus or incentive /concession described in this section if it makes all of the following findings and requires as a condition of approval that: TITLE 17 -ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 19 • 1. The day care center will remain in operation for a period of time equal to or longer than the period of time during which the target units are required to remain affordable pursuant to the density bonus housing agreement. 2. Of all children who attend the day care center, the percentage of children from very-low income households, lower- income households, or moderate - income households shall be equal to or greater than the percentage of dwelling units that are proposed to be affordable to very-low income households, lower- income households, or moderate - income households in the residential development. C. The applicant shall be responsible for all costs of monitoring compliance with these conditions of approval. D. Notwithstanding any other requirement of this chapter, the City shall not be required to provide a density bonus or incentive or concession for a day care center if it finds, based upon substantial evidence, that the community already has adequate day care center facilities. 17.84.120 Condominium conversions - density bonus. A. An applicant shall be eligible for either a density bonus or other incentives or concessions of equivalent financial value in accordance with State law if the applicant for a conversion of existing rental apartments to condominiums agrees to provide fifteen (15 %) percent of the total units in the condominium conversion project as target units affordable to lower- income households, or to provide thirty -three (33 %) percent of the total units in the condominium • conversion project as target units affordable to moderate - income households. Table 17.84.120.1, Density Bonus Summary for Land Donation, Day Care Center and Condominium Conversion, summarizes these requirements. All such target units shall remain affordable for the period specified in the density bonus housing agreement, required pursuant to Section 17.84.140. • B. In condominium conversion projects if the number of affordable target units meets or exceeds the percentages specified in Subsection A, a density bonus of up to twenty -five (25 %) percent of the number of units to be provided within the existing structure or structures proposed for conversion shall be allowed. C. No condominium conversion shall be eligible for a density bonus if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives or concessions were previously provided pursuant to this chapter or Government Code Section 65915. TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 20 0 • TABLE 17.84.120.1 DENSITY BONUS SUMMARY FOR LAND DONATION, DAY CARE CENTER AND CONDOMINIUM CONVERSION 17.84.130 Density bonus application requirements and process. The request for a density bonus and proposals for incentives or concessions shall be made in writing at the time of filing the housing development application and shall be process in conjunction with the underlying application, and shall be accompanied by a fee in an amount established by resolution of the City Council. The information required to be submitted in the application shall be set forth on a checklist provided by the Community Development Department. The application must contain the following information and the following items: • A. Project Description. TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 21 Minimum Amount of Eligible Density Category Land or Bonus Notes Target Units Required 15% (additional 1 % density bonus This increase shall be in addition to Land Donation for 10% of the for each 1 % any increase in density allowed by Very-Low Income land for the increase in Section 17.84.030, up to a maximum Housing project donated land, up to combined density bonus of 35 percent a maximum of 35 %) Eligible for either a density bonus or Equal to the square other incentives/concessions of footage of the equivalent financial value in Day Care Center _ gross floor area of accordance with State law, at the the day care center City's option. This shall be in addition to any increase in density allowed by Section 17.84.030 Condominium 15% of total Eligible for either a density bonus or Conversion-- units in 25 °/, other incentives/concessions of Lower - Income project equivalent financial value in Households accordance with State law Condominium 33% of total Eligible for either a density bonus or Conversion-- units in 25% other incentives/concessions of Moderate - Income project equivalent financial value in Households accordance with State law 17.84.130 Density bonus application requirements and process. The request for a density bonus and proposals for incentives or concessions shall be made in writing at the time of filing the housing development application and shall be process in conjunction with the underlying application, and shall be accompanied by a fee in an amount established by resolution of the City Council. The information required to be submitted in the application shall be set forth on a checklist provided by the Community Development Department. The application must contain the following information and the following items: • A. Project Description. TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 21 • Detailed project description for the highest and best use development on the site given the existing conditions ( "base case "). This description should not include any affordable units or assume an increase in density or any development concessions and waivers. It should include, but is not limited to, the following: 1. Unit mix by type of unit, including the size of each unit; 2. Gross building area and net building area; 3. Construction type; 4. Number of parking spaces as well as where the parking is located (subterranean garage, tuck - under, attached garages, above - grade, parking garage, etc.); and 5. Project amenities. 6. Site plan. B. Concessions or incentives statement. A signed letter from the property owner detailing all requested concessions or incentives and how each of the requested items relates to the affordability of the project as well as change the project description under the base case. C. Appraisal and purchase agreement for the site. • D. Proforma. A completed proforma that outlines the financial justification for each specific concession or incentive requested. The application must clearly demonstrate how granting each request will make actual cost reductions in order for the designated units to be affordable. The proforma shall show the cost comparison of the project without the requested incentives or concessions ( "base case ") versus the proposed project with density bonus and each requested incentives or concession. A proforma shall be provided for the base case (what can be built on site without any waivers or density bonus); base case + concession 1 (what concession 1 adds to the feasibility of the project); same for concessions 2 and 3, and then submit actual proposal (density bonus + all concessions). The proforma shall include the following: a. Direct construction costs: The proforma shall break -out the contractor fees, contingency allowance, shell costs, parking garage costs, on -site improvements, off - site improvements, and any extraordinary costs. b. Indirect costs: the proforma shall provide an itemization of architecture, engineering and consulting fees; permits and fees; taxes, legal and accounting fees; insurance costs; marketing costs; developer fee; and contingency allowance. c. Financing costs: The proforma shall provide details on the financing assumptions for the project (interest rate, construction and absorption periods, loan size, and loan fees). Also include any sales costs such as commissions, warranties, and closing • costs. TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS j 22 d. The proforma shall list sales revenues by product type and income restriction • category, and provide a market study to support the estimated sales prices. e. The proforma shall include a calculation of the total developer profit. E. Statement of findings for incentives /concessions. The application shall describe how the following finding is met in order to grant the requested waivers. 1. The requested incentive /concession is required to make the units affordable. F. Childcare facility permit: Concession/Incentive statement: A signed letter from the property owner detailing the requested concessions/incentives which contributes to the economic feasibility to construct the childcare facility. 2. Proforma: Included with the above proforma, the cost comparison of the project without the requested incentives/ concessions ( "base case ") versus the proposed project with the childcare facility and the additional incentives/concession shall be shown. 17.84.140 Density bonus housing agreement A. Before a density bonus granted by the City Council is effective, the developer must execute a density bonus housing agreement with the City. The density bonus housing agreement • must include and identify the following: 1. Type, size, and location of each target unit. • 2. The term of the agreement. 3. The terms of the construction of the target units. 4. Means of availability of the target units. B. The agreement must be reviewed and approved by the Community Development Director prior to City Council approval. The City Council shall direct execution and recordation of the agreement. C. The terms of the agreement as specified may be lengthened as required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. However, lower income and qualifying residential units shall be maintained as affordable for a minimum of thirty (30) years, and moderate income units shall be maintained as affordable for ten (10) years. TITLE 17 -ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS ! 23 • Chapter 17.88 LIGHTING Sections: 17.88.010 Applicability. 17.88.020 Lighting Standards. 17.88.010 Applicability. The lighting provisions contained in this chapter shall apply to all multi - family residential, commercial, industrial, residential /commercial mixed -use or commercial /industrial mixed -use development. 17.88.020 Lighting Standards. A. A photometric survey (lighting plan) may be required at the discretion of the Community Development Director for new lighting proposed in multi - family, commercial, industrial, institutional, and mixed -use developments. B. 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. C. 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. D. 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. • E. Lighting shall be integrated with landscaping wherever possible. TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS + 24 • Chapter 17.92 PUBLIC ART Sections: 17.92.010 Applicability. 17.92.020 Definitions. 17.92.030 Objects not considered public art. 17.92.040 Approval of art plan. 17.92.050 Additional requirements for public art for on -site installation. 17.92.060 Declaration of covenants, conditions and restrictions. 17.92.010 Applicability. Freely accessible on -site public art work shall be integrated into development projects located within the C-4 zone. 17.92.020 Definitions. The following words or phrases shall have the following meanings when used in this chapter: "Art" or "Art Work." Art, including, but not limited to, sculpture, painting, graphic arts, mosaics, photography, crafts, and environmental works. Art or art work as defined herein may be permanent, fixed, may be an integral part of a building, facility, or structure, and may be integrated with the work of other design professionals. • "Artist." An individual generally recognized by critics and peers as a professional practitioner of the visual, performing, or literary arts, as judged by the quality of that professional practitioner's body of work, educational background, experience, public performances, past public commissions, sale of works, exhibition record, publications, and production of art work. The members of the architectural, engineering, design, or landscaping firms retained for the design and construction of a development project covered by this section shall not be considered artists for the purposes of this section. This definition applies only to the requirements of the section. "Freely Accessible." The art work is accessible to and available for use by the general public during normal hours of business operation consistent with the operation and use of the premises. "Public Art or Art Work." On -site art work produced by an artist, as defined herein, or team of artists, that is freely accessible on private property. 17.92.030 Objects not considered public art The following are not considered public art for the purposes of this chapter: A. Directional elements such as super graphics, signage, or color coding except where these elements are integral parts of the original work of art or executed by artists in unique or limited editions; B. Objects which are mass - produced of standard design such as banners, signs, playground equipment, benches, statuary, street barriers, sidewalk barriers, or fountains; • C. Reproduction, by mechanical or other means, of original works of art; TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS ; 25 • D. Decorative, architectural, or functional elements which are designed by the building architect or landscape architect as opposed to an artist commissioned for this purpose; E. Landscape architecture, gardening, or materials, except where these elements are designed by the artist and are an integral part of the work of art by the artist; or F. Landscaping required by the Rosemead Municipal Code as part of the development entitlements. 17. 92.040 Approval of art plan. A. Art plan documentation shall be submitted for approval by the City Council for each development. B. The City Council shall review the submitted documentation, together with the recommendation of the Community Development Director, and approve, approve with conditions, or deny the proposed art work. C. Criteria for approval shall include location, considering the qualifications of the artist, the aesthetic quality and harmony of the art work with the proposed development project, and the proposed location of and public accessibility to the art work. 17.92.050 Additional requirements for public art for on -site installation. A. Plaque. The public art shall be identified by a plaque that meets the standards in use by the • City at the time of installation of the public art. The requirement of this paragraph may be waived if determined in a particular circumstance to be inconsistent with the intent of this section. B. Ownership and maintenance of art work. All on -site public art work shall remain the property of the property owner and his/her successor(s) in interest. The obligation to provide all maintenance necessary to preserve the art work in good condition shall remain with the property owner of the site. The developer, and subsequently the property owner, shall maintain, or cause to be maintained, in good condition the public art continuously after its installation and shall perform necessary repairs and maintenance to the satisfaction of the City. The maintenance obligations of the property owner shall be contained in a covenant and recorded against the property and shall run with the property. 2. Failure to maintain the art work, as provided herein, is hereby declared to be a public nuisance. In addition to all other remedies provided by law, in the event the owner fails to maintain the art work, upon reasonable notice, the City may perform all necessary repairs, maintenance or secure insurance, and the costs thereof shall become a lien against the real property. The City also may pursue additional remedies to obtain compliance with the provisions of this requirement, as appropriate. C. Location and relocation of on -site public art. • 1. When and if the development project is sold at any time in the future, the public art must remain at the development at which it was created and may not be claimed as the TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 26 • property of the seller or removed from the development or its location approved by the City Council. 2. In the event that a property is to be demolished, the owner must relocate the public art to another publicly accessible, permanent location that is approved in advance by the City Council. 3. A property owner may, for good cause, petition the City Council to replace or relocate the public art to another publicly accessible location on the development project site. City approval, the certificate of occupancy may be revoked. a. Any removal, relocation, or replacement of the public art must be consistent with the California Preservation of Works of Art Act and the Federal Visual Artists' Rights Act and any other applicable law. b. If any approved art work placed on private property pursuant to this chapter is removed without City approval, the certificate of occupancy may be revoked. 17.92.060 Declaration of covenants, conditions and restrictions. The project shall have recorded against it a declaration of covenants, conditions, and restrictions in favor of the City and in a form approved by the City Attorney which shall include the following provisions as appropriate: A. The developer shall provide all necessary maintenance of the art work, including preservation of the art work in good condition to the reasonable satisfaction of the City and • protection of the art work against destruction, distortion, mutilation, or other modification. B. Any other reasonable terms necessary to implement the provisions of this chapter. • TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS ! 27 Chapter 17.96 GREEN BUILDING Sections: 17.96.010 Applicability. 17.96.020 Encouraged green building practices. 17.96.010 Applicability. The City of Rosemead requires specific building practices for all new construction and substantial remodels. The applicable systems are those in effect at the time a complete application for the project is submitted to the Building and Safety Division. The City's Green Building Standards Code is set forth in Title 15, Chapter 15.20 (Green Building Standards Code). 17.96.020 Encouraged green building practices. The use of green building practices beyond what is required in Title 15 is encouraged in any new construction within the City of Rosemead. 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. • C. Developments that employ passive heating and cooling design programs 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 roofing and exterior walls, window shading, and landscaping that provides shading during appropriate seasons. D. The use of trees to shade buildings, roofs and paved surfaces such as streets and parking lots in order to minimize the "heat island" effect and reduce the amount of air conditioning needed. E. Developments that implement U.S. EPA Certified WaterSense labeled or equivalent faucets and high - efficiency toilets (HETs), and implement water conserving shower heads in residential uses to the maximum extent feasible. F. Developments that provide Energy -Star rated appliances in residential units. G. The City of Rosemead formally recognizes two types of green building projects: (1) non- residential projects, and (2) residential projects. 1. The non - residential component is based on the U.S. Green Building Council Leadership in Energy and Environmental Design (LEED) standard, which awards points based on building performance. Design professionals using specialized knowledge and forms typically do the calculations of performance for LEED. Thus the LEED system is most • often used for larger projects in the non - residential (commercial) sector, where specialized professionals will be involved already. TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS ; 28 L-] • 2. The residential component is based on either the LEED standard for homes or NAHB National Green building Standards. 3. Compliance is determined through use of the checklists from each of the programs. The checklists set out the number of points earned for each one of the measures on the checklist. The applicant commits to the items that will be included in the project at the time of building permit application and the total number of points for these items determines compliance. Developers are encouraged to implement items for which points will be awarded. TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS i 29 • Chapter 17.104 OAK TREE PRESERVATION Sections: Permit expiration. 17.104.010 Purpose and intent 17.104.020 Scope. 17.104.030 Definitions. 17.104.040 Permit— Required. 17.104.050 Permit—Applications. 17.104.060 Permit—Approval or denial. 17.104.070 Permit approval -- Conditions. 17.104.080 Permit expiration. 17.104.090 Exemptions from permit requirements. 17.104.100 Permit fees. 17.104.110 Standards for granting permits. 17.104.120 - Tree preservation plan. 17.104.130 Appeals. 17.104.140 Violations — Penalties. 17.104.010 Purpose and intent This Chapter is established to recognize oak trees as significant historical, aesthetic and ecological resources and to create favorable conditions for the preservation and propagation of this unique irreplaceable plant heritage for the benefit of the current and future residents of the • City. It is the intent of this Chapter to maintain and enhance the public health, safety and welfare through the mitigation of soil erosion and air pollution. It is also the intent of this Chapter to preserve and enhance property values through conserving and enhancing the distinctive and unique aesthetic character of many areas of the City in which oak trees live. (Prior code § 9130) 17.104.020 Scope. The provisions of this Chapter shall apply to all oak trees on all public property and to private property which is vacant, undeveloped, or in the process of modification. (Prior code § 9130.1) 17.104.030 - Definitions. For the purpose of this Chapter, unless otherwise apparent from the context, certain words and phrases used in this Chapter are defined as follows: "Arborist" means a person who is a California Certified Arborist; a person accredited by the International Society of Arboriculture in California. "Cutting" shall mean the detaching or separating, either partial or whole, from a protected tree, any part of the tree, including but not limited to, any limb branch, root, or leaves. Cutting shall include pruning and trimming. "Damage" shall mean any action undertaken which causes or tends to cause injury, death, or • disfigurement to a tree. This includes, but is not limited to, cutting, poisoning, burning, overwatering, relocating or transplanting a protected tree, changing or compacting the natural TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 30 • grade within the protected zone of a protected tree, changing groundwater levels or drainage patterns, or trenching, excavating or paving within the protected zone of an oak tree. "Deadwood" shall mean limbs or branches that contain no green leaves or live tissue. A tree or limb may be considered dead if it does not show evidence of any green leaves or live branches over the span of one year, inclusive of prime growing weather. "Director," in a matter involving private property, means the Community Development Director and "director," in a matter involving public property or property to be dedicated for public use, means the Director of Public Works. " Dripline" shall mean the outermost edge of the tree's canopy. When depicted on a map or on the ground, the dripline will appear as an irregularly shaped outline that follows the contour of the furthest extension of the limbs and leaf canopy. "Modification, process of means the change in any land that has or had improvements, buildings and the like for another or expanded use. For the purposes of this subsection, minor maintenance and repair of existing structures and accessory buildings would be exempt from the provisions. "Oak tree" shall mean any oak tree of the genus Quercus, including, but not limited to, Valley Oak (Quercus lobata), California Live Oak (Quercus Agrifolia), Canyon Oak (Quercus chrysolepis), Interior Live Oak (Quercus wisiizenii), and Scrub Oak (Quercus dumosa), thirty - seven and one -half (37.5) inches in circumference; (twelve (12) inches in diameter) as measured four and one -half (4 '/2) feet above the root crown. In the case of properties located • in the R -1 (Single - Family Residential) and R -2 (Light Multiple Residential) zone, Scrub Oak (Quercus dumosa) shall be excluded from this list. "Preservation" means the acts of keeping or saving a tree from harm or destruction by proper maintenance, pruning, treatment and other means of safeguarding trees. "Private property" means land owned by individuals, partnerships, corporations, firms, churches, fraternities and the like to which land access by the public is generally restricted. "Pruning" and /or "trimming" means the cutting of any limb or branch. "Public property" means land owned by a public or governmental entity and generally accessible to the public. "Root crown" means that portion of a tree trunk from which roots extend laterally into the ground. "Routine maintenance" shall mean actions taken for the continued health of an oak tree such as insect control spraying, limited watering, fertilization, deadwooding and ground aeration. For the purposes of this development code, routine maintenance shall include pruning pursuant to the requirements of Section 17.104.090(G). "Undeveloped property" means land which is in its natural, original or pristine state. • "Vacant property" means land on which no buildings or improvements have been erected but which may have been graded for drainage or other purposes. ( TITLE 17- ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS ' 31 • 17.104.040 Permit required. Any person desiring to remove, cut down, destroy, relocate, prune and /or trim, or otherwise undertake activities which could inflict damage to an oak tree, as defined in Section 17.104.030, shall first obtain a tree permit from the City. The pruning and /or trimming of limbs or branches less than twenty -eight (28) inches in circumference (nine (9) inches in diameter) shall be exempt from the requirements of this section. Other exemptions are listed in Section 17.104.090 of this Chapter. 17.104.050 Permit applications. Prior to the granting of a tree permit, an application for a tree permit shall be submitted to the Director. The basic form, content, instructions, procedures and requirements of the application package deemed necessary and appropriate for the proper enforcement of this Chapter shall be established by the Director. (Prior code § 9130.3(B)) 17.104.060 Permit - Approval or denial. Upon the review of an application for a tree permit duly filed in accordance with the approved procedures and requirements (and after an on -site inspection by the Director or his or her designated representative), the Director shall grant or deny a tree permit on the basis of the standards set forth, in this Chapter. (Prior code § 9130.3(C)) 17.104.070 Permit approval— Conditions. Such conditions as deemed necessary and appropriate to insure the proper enforcement of this Chapter may be made a part of the tree permit. Such conditions may involve, but shall not be • limited to, the following: A. The replacement of the oak tree proposed for removal with oak trees of a suitable type, size, number, location and date of planting based upon a ratio of two new trees for every one removed; B. In cases where conditions preclude the project site from planting the replacement trees, the Director may consider planting replacement trees on public property such as designated open space areas, public parks, etc.; C. A condition requiring an objectively observable maintenance and care program to be initiated to ensure the continued health and care of oak trees on the property. D. The installation of six (6) feet high chain link fencing five (5) feet beyond the drip lines and, four (4) signs, two (2) feet square containing the following language: "Protected Oak Tree - Waming —This fence shall not be removed or relocated without written authorization from the City of Rosemead Community Development Department," for the purpose of protecting oak trees on the project site during and after development. E. Restrictions upon cuts, fills and /or grading within the drip line area; F. The submittal of a tree report prepared by a certified arborist evaluating oak trees as defined in Section 17.104.030. The report shall evaluate and recommend proper mitigation measures including but not limited to, relocation, trimming, reinforcing, bracing and other • measures needed to preserve the oak trees. All oak trees identified in the report shall be numerically tagged for identification purposes with a two-inch square metal marker. TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 32 • 17.104.080 Permit expiration. An approved tree permit which is not used within the time specified in the approval or, if no time is specified, within one year after the granting of such approval, shall become null and void and of no effect, except, where an application requesting an extension is filed prior to such expiration date, the Director may extend such time for a period not to exceed one year. (Prior code § 9130.3(E)) 17.104.090 Exemptions from permit requirements. Notwithstanding the provisions of this code, a permit is not required under the following circumstances: A. For the removal of trees that do not exceed thirty-seven and one -half (37.5) inches in circumference; (twelve (12) inches in diameter) as measured four and one -half (4 '/) feet above the root crown. B. In cases of emergency, including, but not limited to, thunderstorms, windstorms, floods, earthquakes, fires or other natural disasters or potential safety hazards. Authorized City official, or any member of law enforcement or law enforcement agency, forester, fireman, civil defense official or Code Enforcement Officer in their official capacity may order or allow the removal of part or all of a protected tree if, upon visual inspection, such tree is determined to be in a hazardous or dangerous condition. If possible, prior notice to the Director shall be provided. Subsequent to the emergency action, written notification shall be provided to the Director describing the nature of the emergency and action taken. • C. For trees planted, grown and /or held for sale as a part of a licensed nursery business. D. Pruning by a public service or utility necessary to protect or maintain overhead clearance for existing electric power or communication lines, or public rights -of -way, subject to prior notice to the Director in nonemergency situations. All pruning work shall follow proper arboricultural practices as approved by the Director and /or the City's urban forester. E. Pruning of limbs or deadwood provided such live limbs do not exceed twenty-eight (28) inches (nine (9) inches in diameter) at the location of the cut. All pruning work shall follow proper arboricultural practices and shall not be excessive to the extent that the life of the tree is endangered or its aesthetic value is diminished. F. When the property owner has received written permission from the Director for the removal of a maximum of three (3) scrub oaks (Quercus dumosa). G. Routine maintenance as defined herein. 17.104.100 Permit fees. Applications for tree permits shall be accompanied by appropriate fees as established by a resolution of the Council, which fees shall be commensurate with the cost of processing and reviewing applications for permits and administering this Chapter. (Prior code § 9130.3(G)) 17.104.110 Standards for granting permits. • The granting of a tree permit pursuant to this Chapter shall be based on the following: TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 33 • A. The condition of the oak tree with respect to disease, danger of falling, and the proximity to existing or proposed structures; B. The necessity to remove an oak tree in order to construct proposed improvements to prevent economic hardships to the owner of the property. The burden of proof shall be the responsibility of the applicant at the time of the application to remove the tree; C. The topography of the land and the effect of tree removal on erosion, soil retention, and the diversion or increased flow of surface waters; D. The number of oak trees existing in the neighborhood on improved property. Decisions shall be guided by the standards established in the neighborhood and the effect of the heritage tree removal upon property values in the area; and E. Good forestry practices, such as the number of healthy heritage trees which a given parcel of land or area can support. (Prior code § 9130.4) 17.104.120 Tree preservation plan. When an application is filed for a conditional use permit for commercial development, tentative tract map, discretionary site plan and design review, or minor land division concurrently a tree preservation plan shall be submitted showing all trees. The plan shall be drawn to twenty (20) scale or equivalent. A tentative map or land surveyors map may be used as a substitute for a tree preservation plan provided the following information listed in subsections A through I of this section is included on the map. All tree preservation plans shall include the following information: A. Location of all trees; B. Proposed property lines; C. Tree drip lines; D. Botanical and common names of all trees; E. Contour lines at one -foot intervals showing elevations of the site; F. Existing and proposed elevations caused by grading on the site; G. Location of existing and proposed buildings, paving or other structures; H. The size, type, location and depth of proposed utility trenching or easement; I. Any additional information as required by the Director. The plan shall show details to justify any tree that is to be relocated or removed at the subdivision, grading, or construction stages of development. Failure to submit the plan in acceptable detail, shall be grounds for rejection as an incomplete development application pursuant to Section 65940 of the Government Code. TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 34 • 17.104.130 Appeals. The decision of the Director may be appealed as set forth in Chapter 17.160 (Appeals). • • 17.104.140 Violations — Penalties. Any violation of the provisions of this Chapter or of any permit granted pursuant to this Chapter shall be a misdemeanor, and any person found guilty of such violation shall be punishable as set forth in Chapter 1.16. TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS ! 35 • Chapter 17.108 FLAG LOTS Sections: 17.108.010 Purpose and intent 17.108.020 Permitted districts. 17.108.030 Flag lot regulations. 17.108.040 Application and procedural provisions pertaining to flag lot developments. 17.108.010 Purpose and intent In order to provide the opportunity for single - family residential flag lot development, and to maintain the integrity of existing single - family areas, the following regulations and criteria of evaluating flag lot development are established. 17.108.020 Permitted districts. Flag lot subdivisions shall only be allowed on property zoned R -1 (Single - Family Residential) and R -2 (Light Multiple Residential). 17.108.030 Flag lot regulations. A. In no case shall more than three (3) flag lots and one non -flag (conventional) be allowed within any subdivision consideration. B. All development standards and definitions contained within this title shall continue to be • applicable and in force unless otherwise specifically addressed within this section. Particular reference is made to Section 17.12.030 pertaining to a minimum 50 -foot street frontage. The applicability of this requirement to non -flag lot (conventional) parcels, which may be part of the land division under consideration, is emphasized for clarity. C. Setbacks 1. Front yard. For the purposes of this section, a "front yard" is defined as that area which extends across the width of the lot, or as otherwise defined within Section 17.04.050 and is immediately adjacent to the flag lot vehicular access leg, which connects to the public street. Such vehicular access leg is exclusive of a front yard setback area, as set out in Figures 17.108 -1 and 17.108 -2 located at the end of this Chapter. 2. Front yard setback. Those front yard setback requirements contained within Section 17.12.030 shall apply; provided, however, that for the purposes of measurement, the following methods shall be applicable, and as set out in Figures 17.108 -1 and Figure 17.108 -2 located at the end of this Chapter. a. When a single (one) flag lot is to be served by a driveway which is solely devoted to the exclusive use of such single flag lot, measurements shall be initiated from the front property line, as defined under subsection C1 of this section. b. When two (2) or more flag lots are to be serviced by a common driveway obtained through fee, easement, or in combination thereof, and when such lots lie partially within such common driveway, no setback measurements shall include any portion • of such common driveway. TITLE 17 - ZONING ARTICLE 4 -SUPPLEMENTAL STANDARDS 1 36 • c. The Planning Commission may establish a new point of measurement for front yards to establish the most appropriate lot orientation for consistency with neighborhood patterns and to minimize vision of privacy impacts; providing, however, that common driveways or vehicular access easements shall not be counted toward satisfying front yard setback requirements. 3. Side yard. Those side yard setback requirements contained within the underlying zone shall apply; provided, however, that for the purposes of measurement, the following methods shall be applicable as per described circumstances, and as set out in Figures 17.108 -1 and 17.108 -2 located at the end of this Chapter. a. When a single (one) flag lot is to be served by a driveway which is solely devoted to the exclusive use of such single flag lot, measurements shall be initiated from the side property line. b. When two (2) or more flag lots are to be served by a common driveway obtained through fee, easement, or in combination thereof, and when such lots lie partially within such common driveway, no setback measurements shall include any portion of such common driveway. 4. Rear yard. Those rear yard setback requirements contained within the underlying zone shall apply. D. Lot area. • 1. The minimum gross lot area for the flag lot shall be six thousand (6,000) square feet. For the purposes of this section, gross lot area shall mean the total area within the boundary lines of a lot or parcel, and the following shall also be applicable: 2. The minimum developable lot area (net area), exclusive of vehicle access leg or common driveway access easements, shall be five thousand (5,000) square feet, and as set out in Figure 17.108 -3 located at the end of this Chapter. E. Lot width. The minimum lot width for a flag lot developable area as described in subsection D of this section shall be fifty (50) feet and shall be determined per the method described under Section 17.04.050, "Lot width," contained within this title. F. Lot width -- street frontage. The minimum street frontage for a flag lot development is directly dependent on the number of flag lots. The following requirements shall be applicable as per described circumstances, and as set out in Figure 17.108 -3 located at the end of this Chapter. 1. The minimum street frontage for a single (one) flag lot shall be fifteen (15) feet. 2. The minimum street frontage for two (2) flag lots which are so designed to provide a common vehicular access leg by way of fee, easement or combination thereof, shall be a minimum of three (3) feet of real property street frontage for each flag lot; provided, however, that the total street frontage for the two flag lots shall be a minimum of • eighteen (18) feet. Such requirement may be achieved by a combined contribution of individual lot street frontage which equals the required access driveway width. TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 37 • 3. The minimum street frontage for three (3) flag lots which are so designed to provide a common vehicular access leg by way of fee, easement or combination thereof, shall be a minimum of three (3) feet of real property street frontage for each flag lot; provided, however, that the total street frontage for the three flag lots shall be a minimum of twenty -six (26) feet. Such requirement may be achieved by a combined contribution of individual lot street frontage which equals the required access driveway. 4. The minimum street frontage width for non -flag lot (conventional) parcels which face a public street, regardless of the number of flag lots in the development, shall be fifty (50) feet as prescribed in Section 17.12.030. 5. The street frontage access width may be increased beyond those requirements contained within this subsection, based on the recommendations or requirements of the City Engineer or Fire Department. 17.108.040 Application and procedural provisions pertaining to flag lot developments. A. The requirements contained within this subsection shall only apply in conjunction with the consideration of a division of land which contains a flag lot. B. A site plan, drawn to scale, which accurately depicts all proposed structures and required setbacks and vehicle driveways, shall be submitted in conjunction with any application for a division of land which contains a flag lot. The site plan will become a permanent formal record of reference within the city's subdivision files after the approval or denial of such plan. • The surrounding areas and land uses shall be shown for a distance of at least three hundred (300) feet. C. The Planning Commission will review the merits of each flag lot proposal in relationship to the immediate property and the surrounding area. D. Vehicle access easements for reciprocal use or otherwise shall be shown on the tentative maps, together with a statement identifying which lots are subservient and which lots are to benefit from such easements. E. Should the Planning Commission choose to approve a subdivision of land, reasonable conditions related to on- and off -site improvements may be required. Such conditions shall include, but not be limited to, the following: Where three (3) or more lots are created by a subdivision, all utilities shall be placed underground; 2. Correct all building code violations that exist on the remaining structures; 3. Correct all zoning violations; 4. Parcel maps splits are required to install street improvements; 5. Residential driveway pavement requirements for two (2) lot divisions are two (2) inches of AC over three -inch base material crushed aggregate; all other divisions are four (4) • inches of AC over four -inch base material crushed aggregate, or six inches of concrete; TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS ; 38 6. New or improved fencing and /or walls shall be required along existing and proposed property lines; 7. Where vehicle access easements are to be used, a covenant shall be prepared by the applicant for review and approval of the City Attorney. The covenant shall assure that private common driveways shall be continually maintained and that cost associated with such maintenance shall be equally shared by all future property owners, whose properties benefit within the division, and shall include the following provisions: a. They shall have the right to cause such repair to be accomplished, and to place liens on the involved properties, if in the estimation of the City Engineer, the subject common driveway has reached a state of disrepair which renders it a hazard, unsightly, or a public nuisance; and that the property owners involved have failed to act within a responsible period, thirty (30) days, after notification. b. No parking shall be allowed within the private common driveway obtained by easement and signs restricting same shall be posted at conspicuous locations. c. The ability to cite violations of such parking restrictions shall be granted to the city. Public hearing. A public hearing is required to be conducted on all divisions of land. This requirement applies to the creation of flag lots. The public will be noted in the manner prescribed by state and local regulations. • G. Necessary findings for approval. The Planning Commission may approve the platting of flag lots where all of the following conditions are found to exist: 01 That the design is justified by topographic conditions or the size and shape of the property prohibits conventional lot division practices; 2. That proposed flag lot division is not so at variance with the existing neighborhood pattern or development as to create detrimental visual or privacy impacts. H. Effective date of order granting or denying the platting of flag lots —Time for Appeal. The resolution of the Planning Commission granting or denying the platting of flag lots shall become effective and final on the fourteenth day following its adoption unless within such period of time, an appeal in writing is filed with the City Clerk by the applicant or any other interested person. Any such appeal shall be accepted by the City Council. The timely filing of an appeal shall stay the effective date of the Planning Commission's resolution pending action by the City Council. TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS ; 39 • E u FIGURE 17.108 -1 FLAG LOT DEVELOPMENT LOT DEPTH REQUIREMENTS \ 1 1 '11W JI 1 I H J o LCT LINE I Z U -- - o MID-PUNT s 4 I rl pl 1 FRONT LOT LINE ACCESS LEG ACCESS LEG STREET ACCESS LEG I \ I 1 I LOT CEPTH LINE FRONT LOT LINE __ __ 1,1113-POINT - —/ I Z W I Z W I I ACCESS LEG �� J o T I I i r, I 1 \ NOT TO SCALE TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 40 • • FIGURE 17.108 -2 FLAG LOT DEVELOPMENT YARD REQUIREMENTS REAR YARD STRUCTURE FRONTS REAR i STRUCTURE YARD ; ; YARD TP U PO ' A5° ACCESS LEG N \ V 15' 18 1 \ \ I ACCESS LEG STREET R/W - 15' I \ \ I ACCESS LEG FRONT YARD I I FRONT YARD STRUCTURE STRUCTURE REAR YARD REAR YARD NOT TO SCALE NOTE: THE PLANNING COMMISSION MAY ESTABLISH THE MOST APPROPRIATE LOT ORIENTATION FOR CONSISTENCY 'MTH NEIGHBORHOOD PATTERNS AND TO MINIMIZE VISION OR PRIVACY IMPACTS TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 41 • FIGURE 17.108 -3 FLAG LOT DEVELOPMENT LOT AREA AND WIDTH REQUIREMENTS • • T "XID LOT SUHDIVISION THREE ICI SURt71VIS10N :FUR I.OT SUBDIVISION ` E5, —J `�.— 68' —i �`- 75' 2 i 3 4 i FLAG LOT FLAG LOT FLAG LOT i� 9000 S0. FT. 6000 6U. FL �" 9000 SC. 71. OR.OS CROSS GROSS ,) 5000 S0. FT. 5000 SQ. FT. ' 5000 Sc. Fi. NCT i NET i. c t:ET i EA SE1l_tJl ACCESS tE0 ' U " -- \I_ Nitl 'I [i J< EPSEIJCIJI I - I 4 I \\ I S FT 3 2 LOi FLAG Ol u CONVENTIONAL 90CC 0, � LOi ti u �! I GROSS 6olw se. FI. 0000 `C.FT, j — crc$s \. 5000 SO. Fi, "SET I5G00 SO. FT. I ( 1 N.7 \I NCT TITLE 17 - ZONING ARTICLE 4 — SUPPLEMENTAL STANDARDS 1 42 `S '•1 -0 1 '7 1), RCC55 lEL 1 J - 9G'lrAH. -� i' nCTS; EEC u I E6tiFgEl:T t i — .,i m rhscucss _ 1 1 2 5_RcET 1 iL• 1 F.� \ 1 FLnG LOT c, G R/V1 COV1'CIJ 7104 e,L ¢ o ICi000 ^0. FT. — LOT o ' 66:055 6007 Fi. n \ 1 \; 5000 SO. FT. 19'MIH. NET ET __ � NCI ' 3' WN 3' MIN- I hCCE55 ! EG t\ - >0'1'1111.�� � h EhsE41ENT 1 —_l _ I \ STREET i R/9 1\ CONCFN tIONAL — 76' MM:. }\ r 1_07 n 3' J.•ut . 9006 S0. FT. IJEi MIN. 3'MIN. _ • -50' 1.11N. i• r STREET L /tv NOT TO SCALE — NOTE: GROSS LOT AREA INCLUDES THE ACCESS LEG NET LOT AREA EXCLUDES THE ACCESS LEG AND /OR EASEt.,IENT TITLE 17 - ZONING ARTICLE 4 — SUPPLEMENTAL STANDARDS 1 42 • Chapter 17 Sections: 17.112.010 17.112.020 17.112.030 17.112.040 17.112.050 17.112.060 17.112.070 17.112.080 17.112.090 17.112.100 17.112.110 17.112.111 17.112.112 17.112.113 .112 OFF-STREET PARKING AND LOADING Purpose. Permit requirements. Exemptions. Number of spaces required. Alternative parking provisions. Elimination or reduction of parking spaces prohibited. Use of recreational vehicles and nonresidential. General use provisions for off - street parking spaces. Parking space and drive aisle dimensions. Location of parking facilities. Valet parking. Parking design and layout standards. Bicycle parking. Loading area requirements. 17.112.010 Purpose. The purpose of this Chapter is to provide off - street parking and loading standards to: • A. Provide for the general welfare and convenience of persons within the City by ensuring that sufficient parking facilities are available to meet the needs generated by specific uses and that adequate parking is provided, to the extent feasible; B. Provide accessible, attractive, secure, and well - maintained off -street parking and loading facilities; C. Increase public safety by reducing congestion on public streets and to minimize impacts to public street parking; D. Ensure access and maneuverability for emergency vehicles; and E. Provide loading and delivery facilities in proportion to the needs of allowed uses. 17.112.020 Permit requirements. A. New parking lots. New parking lot design shall be reviewed in conjunction with the building permit and any other land use or development permit required for the project. A site plan of the premises shall be required for all new parking. The site plan shall include sufficient detail to determine compliance with the provisions of this Chapter. The site plan shall be approved, modified, and /or denied through the normal process of approving, modifying, and /or denying the permit causing the submission of the plan. B. Modification of existing lots. • Modification or improvement to an existing parking lot which impacts parking space layout, configuration, and /or number of stalls shall require the approval of a site plan review and TITLE 17 -ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 43 • design approval. A site plan review and approval is also required in the event that a parking lot is to be modified for the sole purpose of replacing compact spaces with standard spaces or to provide additional handicapped spaces, or to upgrade or provide additional landscaping. Such modification may include a minor modification to the provisions of this Chapter, including the reduction in the required number of spaces, if deemed necessary by the Community Development Director. 17.112.030 Exemptions. The following parking lot improvements shall be considered minor in nature, provided that the number and /or configuration of parking stalls are not altered. Such improvements shall be exempt from site plan review requirements, except such permits which may be required by the Building and Safety Division. A. Repair of any defects in the surface of the parking area, including holes and cracks. B. Resurfacing, slurry coating, and restriping of a parking area with identical delineation of parking spaces. C. Repair or replacement of damaged planters and curbs in the same location. 17.112.040 Number of spaces required. Off- street parking spaces shall be provided in compliance with Table 17.112.040.1. A. Off- Street parking requirements. Except as otherwise specifically stated, the following rules • apply to the required parking. 1. "Square feet" (or "sf) means the "gross floor area" and refers the total building floor area unless otherwise specified. 2. Where parking spaces are required based on a per - employee ratio, this shall mean the total number of employees on the largest working shift. 3. For the purpose of calculating parking requirements, a den, study, or other similar room that may be used as bedrooms, as determined by the Community Development Director, shall be considered bedrooms. 4. Where the number of seats is listed to determine required parking, seats shall mean to be fixed seats. Where fixed seats provided are either benches or bleachers, each twenty (20) linear inches of the bench or bleacher shall be considered a seat. If fixed seats are not provided, the total amount of seating shall be deemed to be the occupancy limit for the room in which the seating is provided as determined by the Building and Safety Department. B. Minimum parking requirements. Unless off - street parking reductions are allowed pursuant to Section 17.112.050, the number of off - street parking spaces required by Table 17.112.040.1 shall be considered the minimum necessary for each use. In conjunction with discretionary development permits, the approving authority may increase or decrease these parking requirements if it is • determined through a parking study as outlined in this Chapter that these requirements are inadequate for a specific project. TITLE 17 -ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS ; 44 • C. Requirements for unspecified uses. Parking requirements for structures and uses not set forth in Section 17.112.040 of this Chapter shall be determined by the Community Development Director, and such determinations shall be based on the requirements for the most comparable structure or use specified. • • D. Calculation/Rounding of quantities. When the calculation of the required number of off - street parking spaces results in a fraction of 0.50 or greater, the total number of spaces shall be rounded up to the nearest whole number. If the fraction is equal to or less than 0.49 of a space, the total number of spaces shall be rounded down to the nearest whole number. E. Mixed -Use without residential /multiple tenants. Except as otherwise provided in this Chapter, for each separate use, a site with multi - tenants, or a combination of principal uses in any one facility, the development shall provide the aggregate number of parking spaces required for each separate use, unless a parking study has been prepared and approved pursuant to this Chapter or except as provided for in Section 17.112.050 (Alternative Parking Provisions). TABLE 17.112.040.1 REQUIRED PARKING OFF-STREET PARKING REQUIREMENTS Residential Uses Required Parking Single - Family and Two-Family Dwellings 4 bedrooms and 2,000 sf' or less 2 spaces per dwelling unit in an enclosed garage 5 or more bedrooms and over 2,000 sf 3 spaces per dwelling unit in an enclosed garage Multi - Family Dwelling and Residential Condominiums Dwelling units 2 spaces per dwelling unit Guest Parking 1 space per 2 dwelling units Second Dwelling Units 1 bedroom unit 1 space in an enclosed garage 2 bedroom unit 2 spaces in an enclosed garage Senior housing Independent living 1 space per 2 units Assisted living 1 space per 10 units Mobile Home Parks 2 spaces per mobile home on the same lot TITLE 17 - ZONING ARTICLE 4 — SUPPLEMENTAL STANDARDS : 45 • E OFF - STREET PARKING REQUIREMENTS (Continued) Retail Trade Uses Required Parking Appliance and Furniture Store 1 space per every 500 sf Large Warehouse -type Retail Sales and 1'r 10,000 sf — 1 space per 300 sf Bulk Merchandise Facilities Over 10,000 sf — 1 space per 500 sf Plus 1 per 1,000 sf of outdoor merchandise areas Retail Sales (single tenant) 1 per 250 A shopping center that has four (4) or less tenants is parked by use. If a shopping center has more than Shopping Center four (4) tenants, then it is parked at the following ratios: Centers with up to 100,000 of floor area: 1 per 250 sf Centers with over 100,000 of floor area: 1 per 280 sf Vehicle Rental 1 per 250 sf, plus 1 per rental vehicle (not including bi cles and similar vehicles Vehicle Sales, Office only 1 per 250 sf no car storage or inventory storage) Vehicle Sales (New or Used) 1 per 250 sf, plus 1 per display vehicle (not including bic Ges and similar vehicles Visitor Accommodations Required Parking 1 space per guest room plus applicable requirement Hotels and Motels for additional uses, plus 1 space per 3 employees, or as re wired b a parking stud Business, Financial, and Professional Required Parking Financial Institutions and Related Services 1 per 250 sf Offices - Business or Corporate 1 per 250 sf Offices — Medical 1 per 250 sf Eating and Drinking Establishments Required Parking Bars, Lounges, Nightclubs, and Taverns 1 per 100 sf Catering 1 per 400 sf Fast Food (drive -thru, takeout, coffee /tea 1 per 100 sf shops) Restaurant under 2,000 sf of floor area 1 per 100 sf Restaurant more than 2,000 sf of floor area 20 spaces for the first 2,000 sf, plus 1 space per 200 sf thereafter When outdoor seating area exceeds 50% of the gross Outdoor Dining and Seating (Including interior floor area, 1 parking space for each 200 square Patios and Accessory Areas open to the feet of floor area exceeding the 50% interior floor area public) shall be provided. Otherwise, no additional parking shall be required for outdoor dining area(s). TITLE 17 - ZONING ARTICLE 4— SUPPLEMENTAL STANDARDS 146 9 • • OFF - STREET PARKING REQUIREMENTS (Continued) Service Uses — General Required Parking Animal Boarding Kennels 1 per 400 sf Animal Grooming 1 per 400 sf Postal and Mailing Service 1 per 250 sf Studio - Art, Dance, Martial Arts, Music 1 space per 2 students plus 1 space per employee Veterinary Services 1 per 400 sf Vehicle Repair and Services Required Parking Automobile Washing /Detailing 4 spaces plus 1 per employee plus stacked parking e ual to 5 times the capacity of the wash facility Automobile Washing (Self - Service) 2 per wash bay (wash bays do not count as spaces) Fuel Station with Repair Facility 1 per 400 sf of building gross floor area, plus 1 per service bay Fuel Station with Convenience Store 1 per 200 sf of building gross floor area Vehicle Repair 1 per 400 sf of building gross floor area, plus 1 per service bay Car Uses Required Parking Adult Day Care — Small (6 or fewer) Spaces required for dwelling unit only Adult Day Care —Large (7 or more) 2 per site for drop -off and pick -up purposes (in addition to the spaces required for the dwelling unit Day Care Facility (Child Care Services or Nursery School ) 1 space per employee plus 1 space for each 10 students; minimum 5 spaces per facility Medical - Related and Social Services Required Parking Ambulance Service (Limited Fleet) 1 per 500 sf plus 1 parking spaces for each company vehicles Emergency /Urgent Care Clinic 1 per 200 sf Hospitals 1 per 2 beds plus 1 per employee Medical and Dental Clinics 1 per 250 sf Outpatient Surgery/Care Facility 1 per 250 sf Residential Care Facility 1 per 6 beds plus 1 for each employee TITLE 17 - ZONING ARTICLE 4 — SUPPLEMENTAL STANDARDS . 47 0 • • OFF - STREET PARKING REQUIREMENTS (Continued) Assembly and Education Facilities Required Parking 1 space per 5 fixed seats or 1 per 75 sf of floor area Assembly /Meeting Facilities used for assembly not containing seats. (1 space per 20 linear inches of bench seating area shall be considered a fixed seat) Colleges 1 per 3 day -time students plus 1 per employee Elementary and Intermediate (K-8) 2 per classroom plus 1 per 350 sf of office/administrative area Health/Fitness Facility 1 per 200 sf High Schools 6 per classroom 1 per 350 sf of office/administrative area Library 1 per 300 sf 1 space per 5 fixed seats or 1 per 75 sf of floor area Places of Religious Assembly used for assembly not containing seats (1 space per 20 linear inches of bench seating area shall be considered a fixed seat Trade School, Business College, or 1 space per 2 students plus 1 per employee Tutoring Facility Amusement and Recreation Required Parking Bowling Alley 4 spaces per lane Game Arcade, Internet Cafe 1 per 2 computer terminals or 1 per 200 sf, whichever is areater Health /Fitness Facility 1 per 200 sf KTV Studios (Karaoke) 1 space per 100 sf Museum 1 per 300 sf Theaters, movie or live performance 1 per 5 seats for up to 800 seats, plus 1 per 8 seats for seats in excess of 800 seats Industry, Manufacturing, and Warehouse Required Parking 1 per 400 sf of industrial manufacturing use, plus 1 per Manufacturing (Primary Use) 250 sf of office use, plus 1 per vehicle operated in connection with the business 1 per 4,000 sf (10 minimum), plus 1 per 250 sf of office Personal Storage (Mini - Storage or Self- plus 2 covered for caretaker, if appropriate, plus Storage) adequate loading and unloading areas as required by the Community Develo ment Director Research and Development 1 space per 350 sf of gross floor area Warehousing (Exclusively Storage) 1 per 1,000 sf plus 1 per 250 sf for office use Wholesale Establishments 1 per 400 sf of gross floor area TITLE 17- ZONING ARTICLE 4— SUPPLEMENTAL STANDARDS , 48 • 17.112.050 Alternative parking provisions. A. Parking requirement determined by parking study. In the event the proposed land use is for a multi- tenant and /or mixed use development or involves a Specific Plan or Planned Development Permit, the Community Development Director may authorize the preparation of a parking study to determine the required number of parking spaces as an alternative to the number of off - street parking as outlined in Table 17.112.040.1 and other applicable provisions of this Chapter, subject to the following conditions: Parking determined by a parking study shall be approved, modified and /or denied by the Commission pursuant to a Conditional Use Permit as authorized and processed under the provisions of this Chapter. 2. The City has the right to select a consultant, which will be paid for by the applicant. 3. The study shall have been undertaken and completed by a traffic engineer registered by the State of California and shall bear the stamp of that engineer. 4. If the required parking is determined by such a parking study, and future building additions, intensifications of use requiring a higher number of parking spaces, or improvements to the parking area which would impact the parking space layout, configuration are proposed, a new parking study pursuant to this Section shall be provided showing that the existing and /or proposed parking is adequate for such expansion and /or increased usage. Alternatively to a revised parking study, at the time • of such expansion or increased usage, the applicant may comply with all provisions of this Chapter in effect at the time of the application. B. Shared /Joint Use and off -site parking. 1. Review authority. The Community Development Director shall be the designated review authority for the review and approval of any proposal shared, joint use, or off -site parking arrangements, unless such parking is included in an application requiring approval of another review authority. 2. Circumstances and requirements for allowing shared parking arrangements. a. Where it can be demonstrated that two (2) or more land uses can effectively share common parking facilities due to the nature of the uses and distinctly different demand for parking, or where off -site parking is proposed to meet parking requirements, then an application may be filed for such a parking arrangement. The application shall include a parking study that identifies the parking demand of all subject land uses and that clearly demonstrates how and why the parking facilities can be shared. b. The applicant shall provide a parking study prepared by a registered traffic engineer that specifically analyzes the parking demand for each use proposing to share the parking, each use's hours of operation, and other related issues of all involved uses. c. The building or use for which an application is being made for authority to share and • utilize the existing off - street parking facilities provided by another building or use shall be located within three hundred (300) feet of the parking facilities. TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 149 0 3. Findings for granting shared/joint use and off -site parking arrangements. a. To grant a request for shared /joint use or off -site parking, the review authority shall make the following findings: 1) There is clear and convincing evidence that peak -hour parking demand from all uses does not coincide and /or the uses are such that the hours of operation are different for the various businesses or uses. 2) There is adequate parking provided for all participating users. 3) Adjacent or nearby properties will not be adversely affected by the sharedloint use or offsite parking. 4) The parking arrangement is consistent with the General Plan and all requirements of this Zoning Code. 4. Legal agreement required. A legal agreement shall be signed by all parties using sharedloint use parking facilities. The agreement shall be approved by the City Attorney and Community Development Director, shall be recorded with the Los Angeles County Recorder, and shall continue to be valid upon change of ownership. 5. Change in use. In the event of a change in use, a new application shall be filed or the existing agreement amended to the satisfaction of the Community Development • Director. 17.112.060 Elimination or reduction of parking spaces prohibited. No existing required off - street parking space shall be eliminated or reduced and no existing garage shall be eliminated, reduced, or converted to any other use unless such space or facility is fully replaced and brought into full compliance with current standards either prior to or concurrently with the deletion, reduction, or conversion of the existing facility or space. 17.112.070 Use of recreational vehicles and nonresidential trailers. A. Use of Recreational Vehicles Zones permitted. Recreational vehicles, as defined in Article 1, Section 17.04.050 (Definitions), and when not stored within a fully enclosed structure approved for that purpose, are allowed to be parked only in the R -1 and R -2 zones. 2. Conditions applicable to all parked recreational vehicles. a. The parking of recreational vehicles shall be restricted to the side and rear yards of R -1 and R -2 lots. The parked recreational vehicle shall be screened from view from the street and adjoining properties by a fence or wall, which is six (6) feet high. b. Use of Recreational Vehicles. At no time shall any recreational vehicle be utilized for living purposes. However, a temporary non -fee permit may be issued, not to exceed two (2) weeks in any six (6) month period, for use by the owner of the property or • their invited guests. TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS : 50 c. All recreational vehicles shall be parked on a paved or similar surface acceptable to the Community Development Director. d. All recreational vehicles shall be maintained in a complete, serviceable, and operational condition, and shall be currently licensed for their intended use. e. No recreational vehicle or trailer on which it may be mounted shall overhang any public right -of -way or adjacent private property. B. Use of Nonresidential Trailer. Zones Permitted. Commercial and Industrial Zones. In the C -1, C -3, C-4, CBD, P -D, CI- MU, and M -1 zones, a nonresidential trailer may be used for a period of not to exceed one (1) year as a temporary office used only by employees of the principal business or use occupying the property not open to the general public. The use of any trailer shall be contingent upon the principal business and trailer meeting off - street parking requirements. All nonresidential trailers shall be architecturally compatible with surrounding buildings and fitted with appropriate skirting, landscaping and other screening devices. 2. Conditions applicable to all nonresidential trailers. a. A nonresidential trailer shall include any trailer occupation or habitation, other than for residential • be installed and maintained in accordance with Code, provided no piping for water is permitted obtained. coach designed for purposes. Any suc h the Uniform Building and the appropriate human use, trailer shall Code, Fire permits are b. Nonresidential trailers may be used as construction offices on or adjacent to any site on which a building permit has been issued and the project is being diligently pursued. Such trailers shall be removed upon expiration of the permit or completion of the project. 3. Any trailer uses not meeting the above standards, or not otherwise permitted under Chapter 17.124 (Temporary Use Permits and Special Events), may apply for an Administrative Use Permit pursuant to Chapter 17.128 of this code. 17.112.080 General use provisions for off - street parking spaces. A. Living or sleeping in any vehicle is prohibited. B. Any vehicle or trailer which is inoperable and /or without current registration shall not be in plain view of the street and shall be stored entirely within an enclosed structure. No such vehicle or trailer shall be parked or stored in any yard on residential property. C. Building and Safety Division Certificates of Use and Occupancy. A Certificate of Use and Occupancy for any structure or premises shall be issued only after all the required parking and loading facilities have been completed in conformance with the • provisions of this Chapter. D. Changes in uses. TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 51 • When the use of any structure or premises is changed to a different use having a higher parking requirement, additional parking shall be provided to meet the new requirements prior to the issuance of a new business license. E. Nonconforming parking facilities. Off- street parking and loading facilities made nonconforming by the adoption of this Chapter shall conform to the requirements of Section 17.72.050 and shall not be reduced below the requirements for an equivalent new structure or use. All such facilities shall be continued for as long as the structure or use served is continued or until equivalent facilities are substituted in conformance with the provisions of this section. F. Facilities not required. Any off - street parking or loading facility which is permitted but not required by this section shall comply with all the provisions of this section governing the location, design, improvement, and operation of such facilities. 17.112.090 Parking space and drive aisle dimensions. A. Parking space dimensions. 1. Residential parking space dimensions. a. Each required parking space in a residential garage shall be not less than ten (10) feet wide, seven (7) feet high, and twenty (20) feet long and shall be in a garage. Not more than one (1) tandem space shall be permitted within residential garages. • b. Required guest parking spaces for multiple dwellings may be uncovered. All uncovered guest parking spaces shall be a minimum dimension of nine (9) feet wide by eighteen (18) feet deep. Where a parking stall is located abutting a wall, column, or similar structure, the stall width shall be increased by two (2) feet. • 2. Nonresidential parking space dimensions. a. Customer parking shall be a minimum dimension of nine (9) feet wide by eighteen (18) feet deep. Parking stalls may overhang landscape planters by two (2) feet. b. 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 twenty -five (25) percent of the total number of required parking stalls. Each small car parking space shall be eight (8) 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 on a common location subject to the approval of the Community Development Director. c. 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 (2) feet. TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS ; 52 d. Design standards for handicapped parking stalls shall be provided in accordance 40 with accepted State standards, and shall be considered as part of the parking space requirements for the given facility. B. Driveway and drive aisle dimensions and standards. The following drive aisle dimensions and standards shall apply to all projects, unless a different standard is otherwise required for a specific use and /or stated within the underlying Zoning district. 1. Residential drive aisle dimensions. a. Driveways used to serve not more than two (2) dwelling units shall be a minimum of twelve (12) feet wide. b. Except as otherwise provided with respect to the R -3 zone, driveways used to serve more than two (2) dwelling units shall have a width of not less than eighteen (18) feet unless there are two (2) driveways of not less than twelve (12) feet in width. c. All driveways shall be clear and unobstructed for a height of thirteen (13) feet above ground. d. All access shall be from a dedicated street or alley. e. Driveways must lead to an approved off- street parking garage. Where driveways no • longer lead to an off - street parking structure or garage, the driveway approach, curb and gutter shall be replaced to the satisfaction of the City Engineer and the paved parking surface shall be replaced with landscaping. However, for properties that have an approved alley access to a garage, additional access from the front yard may be permitted. 2. Nonresidential drive aisle dimensions. a. Driveways used to serve more than twelve (12) parking spaces or which are more than one hundred twenty -five (125) feet in length, shall have a width of not less than twenty (20) feet unless there are two (2) one -way drive ways of not less than twelve and one half (12'/2) feet. b. All driveways shall be clear and unobstructed for a height of thirteen (13) feet above ground. c. The entire parking area, including the parking spaces and maneuvering lanes required by this Section, shall be paved with asphaltic, concrete surfacing, or other acceptable material in accordance with specifications approved by the City Engineer. It shall be the responsibility of the property owner to ensure that the surface is maintained free from conspicuous cracks or holes. Surfacing required for temporary lots shall be determined by the City Engineer. d. All access shall be from a dedicated street or alley. • e. Driveways must lead to an approved off - street parking structure or parking lot. Where driveways no longer lead to an off - street parking structure or parking lot, the TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS � 53 driveway approach, curb and gutter shall be replaced to the satisfaction of the City Engineer. f. The minimum parking stall and aisle dimensions are set forth in Figure 17.112 -1 at the end of this Chapter. 17.112.100 Location of parking facilities. A. Except as otherwise permitted herein, all required off - street parking shall be accessible from a street or alley at all times. B. All permitted or required accessory parking and loading facilities shall be provided on the same site as the structure or use served, except where specifically permitted to be located off the site by the provisions of this Chapter. C. Location of parking facilities on residential lots. 1. The location of residential garages shall comply with all setback requirements in the underlying zone. 2. Parking spaces in addition to the minimum required may be allowed in the front and street -side side yards of R -1 and R -2 residential lots in compliance with the following conditions: a. Vehicle parking (and access thereto) shall be located on a permanently paved • surface. b. Parking is not allowed within any required landscape area or any area not designated as a driveway or vehicle parking area. c. Parking spaces shall not prevent direct and free access to stairways, walkways, elevators, pedestrian access ways, or fire safety equipment. Such access shall be a clear minimum width of forty-four (44) inches, no part of which shall be within a parking space. D. Location of parking facilities on nonresidential lots. 1. Neither a required side yard abutting a street, nor a front yard, shall be used for off - street parking, except in the P zone. Parking lot areas may occupy a rear yard. 2. Parking structures shall comply with the setback requirements in the underlying zone. 3. Parking spaces shall not prevent direct and free access to stairways, walkways, elevators, pedestrian access ways, or fire safety equipment. Such access shall be a dear minimum width of forty-four (44) inches, no part of which shall be within a parking space. 17.112.110 Valet parking. A. Where permitted and approval process. • Valet parking may be permitted subject to the approval of an Administrative Use Permit, based on the approval process outlined this Section. If a request for valet parking is TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 54 included in an application requiring discretionary approval, then the review and approval shall be made by the governing body having approval authority. B. Review criteria. Valet parking shall be subject to review of hours of operation, circulation and other pertinent impacts. All proposals for valet parking shall be accompanied by a parking study, prepared by a registered traffic engineer, which addresses circulation impacts, operational characteristics of the use, parking space size and configuration and other issues deemed necessary by the Community Development Director. 2. Valet parking shall be provided on the same site as the business for which the valet parking is being approved. In the event the location for the valet parking is off -site and away from the business, the provisions for shared, joint use, or off -site parking arrangements outlined in Section 17.112.050 shall also be applicable. C. Development standards for valet parking uses. Because of the unique characteristics of valet parking facilities, parking space size shall be determined on a case -by -case basis and not necessarily subject to the standards listed in this Chapter. 2. Valet parking facilities shall not be permitted to use parking that is specifically set aside or required for another use, unless a shared parking or off -site parking agreement, as • applicable, is approved by the City. 3. No fee shall be charged to the users of valet parking, if the parking is provided as a method for meeting the off- street requirements of this Chapter. 17.112.111 Parking design and layout standards. A. All spaces shall be provided adequate access by means of maneuvering lanes. Spaces designed so than it is necessary to back directly into a public street to enter or leave them shall be prohibited, except for residential garages serving single - family dwellings and duplexes. B. Adequate entries and exits to and from parking facilities by means of clearly defined drive aisles shall be provided for all vehicles. Circulation within a parking facility shall be such that: 1. A vehicle using the parking facility need not enter the street to reach another aisle within the same facility. 2. All parking spaces and garages shall be accessible and usable for the full number of parking spaces required whenever the use or structure which they were built to serve is in operation. C. A public alleyway of a minimum paved width of twenty (20) feet may be used for vehicle backup providing: • 1. That the balance of the required backup distance is achieved; and TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS , 55 2. That, in the opinion of the City Engineer such parking configurations shall not create a public safety problem. D. One -way driveways, ramps and aisles shall have directional markings to indicate and assure one -way vehicular circulation. E. Continuous curbs and /or headers shall be used instead of individual wheel stops, unless otherwise approved by the Community Development Director. F. The illumination of a parking or loading facility shall conform to the requirements standards contained in Chapter 17.88 Lighting. G. Grade of entrances, spaces and driveways 1. Entrance driveways. Driveways shall not exceed a maximum grade of twelve (12) percent plus or minus six (6) percent measured along the driveway centerline, unless approved by the City Engineer. Where there is a change in slope of the driveway, it shall be demonstrated that vehicles will be able to pass over the change in slope without interference with the vehicle's undercarriage. 2. Parking spaces. Parking spaces and abutting access aisles shall have a maximum grade of five (5) percent, measured in any direction. H. Parking space markings. • Parking stalls shall be striped with three (3) inch double lines, six (6) inches apart. The stall width shall be measured from the center point of each double striped marking. Access and maneuvering markings. In all parking facilities containing twenty -one (21) or more spaces, the aisles, approach lanes, and maneuvering areas shall be clearly marked with directional arrows and lines to expedite traffic movement. Once a parking facility has been marked in accordance with the approved site plan, the markings shall be permanently maintained. 1. Marking changes. If any changes to existing markings are approved by the City, existing markings shall first be completely removed prior to re- marking the parking area. Painting over existing markings without first completely removing old lines is not permitted. Remarking of the parking area according to the approved, revised site plan will be done in accordance with this Section. J. Layout. Plans for the layout of off - street parking facilities shall be in accordance with the minimum requirements set forth in Table 17.112.040.1, Table 17.112.100.2 and Figures 17.112.1, 17.112.2, and 17.112.3. K. Parking adjacent to residential zones. Where a parking area abuts property classified for R uses, it shall be separated by a solid masonry wall, six (6) feet in height. The wall, from the front property line to a depth equal to the required front yard on the abutting R classified property, shall be forty -eight (48) inches in height. • L. Parking areas adjacent to streets. TITLE 17 -ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 156 Where parking area abuts a street, a landscape strip of at least five (5) feet in width shall be • constructed adjacent to the street frontage. 1. The landscape strip shall incorporate a combination of trees, shrubs, plants, and ground cover. 2. Parking area screening shall be provided by one of the following methods or combinations: a. A decorative masonry wall between twenty-four (24) inches and thirty-six (36) inches in height shall be placed approximately in the center of the planting area parallel to the street. b. A screening hedge may be planted using shrubs which shall not exceed three (3) feet in height and shall consist of compact evergreen plants. Hedges shall not be planted within five (5) feet of any driveway in order to maintain clear visibility at ingress and egress points. c. An earth berm with a height of three (3) feet to four (4) feet may be substituted provided that the landscape strip is widened appropriately to provide ease of maintenance and slopes not to exceed fifty (50) percent. M. Sight distance required. Each entrance and exit to a parking lot shall be constructed and maintained so that any vehicle entering or leaving the parking lot shall be clearly visible at a distance of not less • than ten (10) feet to a person approaching such entrance or exit on any pedestrian walk or footpath. Exits from parking lots shall be clearly posted with "Stop" signs and it shall be unlawful for a motorist to fail to stop at such sign before leaving the parking lot. N. Safety and directional requirements. Appropriate bumper guards, entrance and exit signs, space marking, and directional signs shall be maintained where needed. Any lights used to illuminate such parking area shall be so arranged so as to reflect the light away from adjoining premises and streets. O. Landscape requirements. Where more than twelve (12) automobile parking spaces exist on a lot or parcel of land, not less than two (2) percent of the gross area devoted to such parking shall be developed to interior landscaping as may be necessary'to make such parking compatible with adjoining uses, except for property zoned M -1 which shall provide a total of three (3) percent landscaping of each M -1 lot in compliance with this Chapter. Before development of such a parking area, the person proposing such development shall submit a plot plan to the City which shows, to the satisfaction of the Community Development Director, that such landscaping will comply with this section and the requirements of Chapter 13.08 (Water Efficient Landscapes). 17.112.112 Bicycle parking. A. Secure bicycle storage shall be required for all developments over twenty thousand (20,000) square feet in the P -O, C -1, C-3, C-4, CI -MU and M -1 zones, and in any commercial or industrial development in the P -D zone. • TITLE 17 -ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 157 B. Bicycle storage facilities for use by employees or tenants shall be conveniently located in relationship to employee building entrances. C. Bike storage facilities in industrial developments shall be provided for five (5) bicycles for every one hundred (100) employees or fraction thereof and in commercial developments one (1) bicycle for each two thousand (2,000) square feet of floor area. 17.112.113 Loading area requirements. Spaces required for commercial vehicles and for loading: A. Spaces for commercial vehicles. In addition to the parking spaces required by Section 17.112.040 for owners, occupants, employees, customers, and visitors of structures and uses, one (1) parking space shall be provided for each commercial vehicle used in conjunction with the operation of any structure or use. The parking spaces for such accessory vehicles shall be provided within a designated parking space on the same lot as, or adjacent to, the structure or use to which the vehicles are necessary. B. Off- street loading. Off- street loading space shall be required on the same subject site with every building; storage warehouse, auto dealership, wholesale distributor, goods display center, department store, market, hotel, hospital, funeral home, laundry, dry cleaning, and other similar uses involving the receipt or distribution by vehicle of materials or merchandise incidental to carrying on such activity. Such space shall be sufficient to permit the standing, • loading, and unloading of vehicles to avoid undue interference with the public use of streets and alleys and shall not be a part of the subject site area used for the off - street parking required for each particular use. • C. Loading space. 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 (1) 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. TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS i 58 u FIGURE 17.112 -1 - Parking Layout N1W%',Wvl PARKING 0Ib4ENSIONS Id' _. �—• . 4r'L72 "r:,` ENO S'r'L^_- 9'IfT1NGA E.uitc N(.�ok or -_R VE- mur:ricN.tiI- c I (TYR), � PUBLIC; ALLEY PARKING: I A ftEY I I �.LL_1• I NOTE: DRAVdINGS ARE SNOT T O SCALE. SIGHT DISTANCE REQUIREMENTS: TITLE 17- ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS j 59 cci:.F.FV'S ?R'£R�i'iP, C5 L` 16' PUBLIC; ALLEY PARKING: I A ftEY I I �.LL_1• I NOTE: DRAVdINGS ARE SNOT T O SCALE. SIGHT DISTANCE REQUIREMENTS: TITLE 17- ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS j 59 19 ul FIGURE 17.112 -2 STALL AND AISLE DIAGRAt.4 Olt-4ENSIONS: .ISLE ::vuiHS PER n � PARALLEL PARKING - t,41�9t.4Uh:1 PARKING AND AISLE 011.4-=— NSIONS: Q , zs•— A: * ASU I'11, : A oUI LDIN '.>. FEW:_. OH Y'I'HER .V Uk5'I'ftUtiT'ION EL sJ `' m :4c g. NOTE: DRAVONGS ARE NOT TO SCALE. PARKING ANGLE 3U° 45° v0° 70° d0" 50° AISLE ::`IDTH 1�' � 14' c0' 21'' 23' c6' DIRECTION OF TRAFFIC ^�:E Ci:� �. ;;.v ;rw C1:J[ sn.• T4 @ ^- ir'IQ v:;.r ••.av ly'.b ::.r TITLE 17 -ZONING ARTICLE 4 — SUPPLEMENTAL STANDARDS 60 0 • • FIGURE 17.112 -3 PLANTERS BETWEEN PARKING STALLS 2'- 5" 3' IdfH 1 . 1 1 • Rais_n c��Re I :r>:EEL srel> PLANTERS ADJACENT TO R RMSED 6• CURS. . UE^ORA`TVE " %ALL R TREE WELL L' I. ACCEPTABLE LANDSCAPE LOCATIONS: j NOTE: DRAVJINGS ARE NOT TO SCALE. TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 61 Chapter 17 Sections: 17.116.010 17.116.020 17.116.030 17.116.040 17.116.050 17.116.060 17.116.070 17.116.080 17.116.090 17.116.100 17.116.110 17.116.120 17.116.130 17.116.140 17.116.150 17.116.160 17.116.170 • 17.116.180 17.116.190 17.116.200 .116 SIGNS Purpose and intent. Definitions. General provisions, standards and controls. Exceptions. Signs prohibited in any zone. Signs in R (residential) zones. Signs in commercial and industrial zones. English language use on on- premise signs. Signs in the P -D and PA zones. Billboards prohibited. Billboards erected prior to December 1, 1979. Rehabilitation of existing billboards. Rehabilitation of existing substandard billboards. Effect of conformity to Section 17.116.130. Nonconforming sign — Replacement of alteration. Nonconforming signs and billboards — Removal procedure. Illegal signs in public right -of- way — Removal authority. Illegal signs — Presumption of responsible party. Illegal signs on public property— Removal charges. Hearing on removal costs. 17.116.010 Purpose and intent. The regulations contained in this chapter are intended to promote the health, safety and welfare of the City by regulating existing and proposed signs of all types. The specific goals of this chapter are to improve the visual, aesthetic and economic environment of the City through: A. Controlling the size, type and locations of signs in every zone; B. Providing reasonable periods of amortization for existing signs declared nonconforming by the enactment of this chapter; C. Creation of a plan for amortization and removal of signs which, because of their size, location or construction, have an adverse effect upon the residential, economic and general aesthetic environment in the City; and D. Encouraging the upgrading of existing signs to conform with the requirements set forth hereinafter. (Prior code §9900) 17.116.020 Definitions. For the purpose of this chapter, words, terms and phrases are defined, and shall be deemed to • have the meaning ascribed to them herein, as follows: TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 62 "Billboard" means a structure of any kind or character erected or maintained by a state - licensed outdoor advertising company for outdoor advertising purposes which: 1. Solicits public support or directs public attention to the sale, lease, hiring or use of any objects, products or services not produced, sold or otherwise available on the premises where such advertising sign is erected and maintained; or 2. Contains a visual message to the general public concerning candidates for public office, matters relating to elections, or any public service announcement. "Building directory sign" means any sign which serves the limited purpose of identifying the name, address and lawful use of the premises upon which it is located and sets forth no other advertisement. "Flag (vertical) sign" means a sign attached to the exterior wall of a building with the face area in a vertical plane to the plane of the exterior wall. Such sign to be a directory-type indicating only the name of the business and use conducted by the tenant. "Freestanding sign" means any sign not attached or supported by any other structure. "Freeway" means a highway to which the owners of abutting lands have no right or easement of access to or from their abutting lands, and which is declared to such in compliance with the Streets and Highways Code of the state of California. "Monument sign" means a low profile sign, which is an integral part of a landscaping plan, located between a building or street setback line and a street property line for identification purposes, and having a solid base support. • "Roof sign" means any sign erected on the roof of any building solely for the purpose of advertising the goods and /or services available within such building. • "Sale, lease or rent sign" means any sign advertising the premises for sale, lease or rent. "Sign" means any device used for visual communication or attraction, including, but not limited to, any announcement, declaration, demonstration, display, illustration, insignia or symbol used to advertise or promote the interest of any person or business, together with all parts, materials, frame and background. "Sign area" means the total surface area of a sign, defined as that total area enclosed within a plane or solid figure created by enclosing the sign within imaginary lines in such a manner as to result in plain parallelograms for the surface area of simple two - dimensional signs and solid figure created by plain parallelograms either joined at the extremities of each plane, or by parallel lines joining the extremities in each plain parallelogram. This will result in a solid figure enclosed by plain parallelograms. The surface area is to be computed by adding the area of each plane surface that contains any visual communications as specified in the definition of "sign" above. "Temporary sign" means a sign which is intended or designated to advertise community or civic projects, construction projects, rent, sale or lease, or matters relating to elections, sales by merchants, special holidays or other special events on a temporary basis. Such temporary sign shall not be permanently affixed to a building. All temporary signs must be removed within ten days after the conclusion of the event which they advertise. TITLE 17- ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 63 • 'Wall sign" means any sign attached to or erected on the exterior wall of a building or structure with the exposed face of sign in a plane approximately parallel to the plane of the exterior wall, such sign to be of a limited directory type indicating only the name of the business and the use conducted by the tenant. 'Window sign" means any sign exposed to public view through a window or attached, painted or pasted, in either permanent or temporary form, on the exterior or interior of a window. Window signs shall be permitted in any zone except residential, and shall cover no more than fifteen (15) percent of any window. (Prior code § 9901) 17.116.030 General provisions, standards and controls. Signs shall not be permitted in the various zones except as expressly permitted by this chapter, and signs so permitted shall be subject to all standards and regulations in this chapter. A. Nature of Copy. No sign of any kind shall be permitted to advertise or display an unlawful act, business or purpose. B. Illumination and Movement. Illumination signs shall be located, and light sources shielded to prevent glare, annoyance or hazard to the public or neighboring properties. 1. Signs may be internally or indirectly lighted. 2. No blinking or flashing signs shall be permitted in any zone, except for time and • temperature signs. C. Height of Sign Permitted. Maximum height of freestanding and roof signs in any commercial or industrial zone shall not exceed thirty-five (35) feet above grade level of the adjoining public walk. D. Projecting Signs Prohibited. Signs projecting out over the building line or public right -of -way are prohibited, except projecting flag (vertical) signs. E. Flag Signs— Projection Over Right -of -Way. Clearance above grade less than eight feet: no projection is permitted. Clearance above grade over eight feet: one inch of projection is permitted for each additional inch of dearance, provided that no such projection shall exceed a distance of four feet. F. Permits. All signs shall be established under a valid building permit in accordance with fire and building code regulations. G. Maintenance. All signs shall be maintained in good condition and repair and shall pose no hazard to public safety statutes, standards and ordinances. (Prior code § 9902) 17.114.040 Exceptions. • The provisions in this chapter shall not apply to the following signs except as otherwise indicated herein: TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 64 A. Official notices issued by any court, public body or public officer; B. Notices posted by any public officer in performance of a public duty, or by any public agency, to give legal notice; C. Traffic, directional, warning or information signs required or authorized by law or by the federal, state or municipal authority, including directives of the Public Utilities Commission; D. Official signs used for emergency reasons; E. Temporary signs displaying political election campaign material or signs advertising community events, provided that such signs meet all size requirements contained in this chapter and are removed within two working days after the event or election. (Prior code §9903) 17.116.060 Signs prohibited in any zone. A. Signs that create a safety hazard to pedestrian and vehicular traffic; B. Any ground or roof sign if the proposed sign would adversely affect access to air, light or visual corridors by adjacent residential property; C. Any portable, folding, A -frame or box sign, or similar signs on rollers, casters or otherwise designed to be portable; • D. Signs on any utility poles, traffic sign posts, traffic signals, or signs on any parkway or sidewalk, except for freestanding signs on public property located in redevelopment project areas (though the signs may remain after redevelopment of the project area has been completed), are within two hundred (200) feet of property zoned P -D and within seventy-five (75) feet of the Interstate 10 (San Bernardino) Freeway, the physical characteristics, including, but not limited to, height and total area of which are subject to the approval of the City Council; E. Freestanding signs displayed from trucks, autos, trailers or other vehicles except public buses; F. Revolving and /or flashing signs. (Prior code §9904) (Ord. No. 916, §4, 7- 26 -11) 17.116.060 Signs in R (residential) zones. Signs in all R (residential) zones shall be designed and located in a manner which does not interfere with adjoining residential uses, and which assures general aesthetic controls for a harmonious residential and visual environment in the surrounding neighborhood. Those signs permitted in R (residential) zones shall be: A. Sale, Lease or Rent Signs. One sign not to exceed seven square feet in sign area. B. Temporary signs during construction. ' One temporary sign, not to exceed sixteen (16) square feet in area, giving the names and other pertinent information of the architects, contractors and engineers of the project during TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 65 . any construction period. Such signs may be erected on the date the building permit is issued, and must be removed not later than fifteen (15) days after notice of completion is filed or occupancy granted. C. Identification Signs. 1. Single and Duplex Dwelling Structures. One sign per dwelling, not to exceed ten square feet in area, and displaying only the name of the property owner or occupant of the dwelling, and the address. 2. Identification Signs for Multiple Dwelling Structures. One sign not to exceed an area of fifteen (15) square feet. Any pylon or freestanding sign shall not exceed a maximum height of six feet or project into a public right -of -way, nor project above the roof line. D. Subdivision signs. Subdivision signs for the limited purpose of advertising the existence and availability of new single - family, duplex or multiple - family dwellings in an approved subdivision, may be erected on property included within the approved subdivision. Such signs shall not exceed a maximum size of six feet by twelve (12) feet and an area of seventy -two (72) square feet, nor a maximum height of twenty (20) feet measured from the adjacent grade level to the top of the sign. 1. Removal of Subdivision Signs. The developer, upon receiving approval of any subdivision, shall agree, in writing, to remove all signs from the tract within fifteen (15) • days after the close of escrow on the last lot on which the signs are located, and shall grant the city the right to enter upon the property and remove the signs upon the expiration of the fifteen (15) days and failure to have removed the signs. The developer shall bear all costs and liability for City removal and disposal of the signs by posting a bond or providing other appropriate guarantee to performance. 2. Lighting. Subdivision signs may be lighted by internal or indirect lights. (Prior code § 9905) 17.116.070 Signs in commercial and industrial zones. All commercial and industrial zones shall have controls and limitations placed upon sign design and location to minimize visual discontinuity created by large numbers of signs spaced in irregular patterns. Spacing, design and size requirements are intended to promote an attractive commercial environment without vehicular distractions, visual disorder, or economic effect on surrounding properties. Those signs permitted in commercial and industrial zones shall be: A. Building directory signs. One exterior sign at each building entrance, such sign not to exceed ten square feet in area. B. Exterior wall signs. Exterior wall signs may cover no more than twenty -five (25) percent of any front, side or rear wall of a main building or structure. C. Roof signs • D. Flag (vertical) signs. One flag sign for each structure or building. TITLE 17- ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 166 • E. Freestanding signs. 1. Number. The number of freestanding signs for each property shall be determined by the number of linear feet the property has along the street from which its address is derived. The number of signs shall be based upon the following formula: Frontage in feet No. of Signs 0-100 1 101 -200 2 201 -300 3 301 -400 4 In no event shall a property be entitled to more than five freestanding signs. 2. Size. The total area of any freestanding or roof sign (as defined in Section 17.116.020 shall not exceed: Zone Number of Feet C -1 zone 100 square feet C -3, CBD, and C1 -MU zones 200 square feet M -1 zone 200 square feet • F. Miscellaneous Signs. All signs permitted in the R (residential) zones as set forth in Section 17.116.060. (Amended during 1999 codification; prior code § 9906) 17.116.080 English language use on on- premise signs. The following regulations shall apply to on- premise signs in the City: A. All commercial, industrial and professional office on- premise signs shall identify the type of business (e.g. "restaurant," "market ") in the English language. B. All commercial, industrial and professional office locations shall have required street numbers in Arabic numerals. C. The signage required in subsections A and B of this section shall be no less than four inches in height and shall be visible from the street for a distance of at least fifty (50) feet. (Prior code § 9906 -A) 17.116.090 Signs in the P -D, P -O, R/C MUDO zones. All signs in the P -D, P -O, and R/C MUDO zones are subject to the following sign provisions and are regulated thereby. P -D zone Chapter 17.24 (Section 17.24.040.1) P -O zone Chapter 17.16 (Section 17.16.030.C.1) • R/C MUDO zone Chapter 17.28 (Section 17.28.030.D.18) TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 67 • (Prior code § 9907) 17.116.100 Billboards prohibited. Because billboards create visual blight, visual distraction to motorists, unsightliness and impairment of the economic environment for residential and commercial uses throughout the city, development of new billboards is expressly prohibited in any zone within the city. (Prior code §9908) 17.116.110 Billboards erected prior to December 1, 1979. To provide for an amortization period for existing billboards and a term of years for the phasing out of existing boards, all existing billboards shall be subject to the amortization periods set forth in this chapter, unless, as of December 1, 1979, such billboard was: A. Erected with a valid building permit or pursuant to preexisting regulations of the county of Los Angeles; and B. Constructed to a face width of at least twenty -five (25) feet and face height of at least twelve (12) feet. The owners of billboards qualifying under the provisions of subsections A and B of this section may elect to rehabilitate their billboards to the standards set forth in Section 17.116.120 and, upon successful completion of such rehabilitation, become exempt from the period of amortization set forth in this chapter. (Prior code § 9909) • 17.116.120 Rehabilitation of existing billboards. All billboards existing as of December 1, 1979, shall be rehabilitated to the following standards on or before December 31, 1980. A. Aesthetic standards. 1. Face width: twenty -five (25) feet 2. Face height: twelve (12) feet 3. Bottom edge: Not less than fifteen (15) feet from the ground. But in no event to exceed the dimensions in existence on December 1, 1979. B. Structural standards. 1. All supports shall be of metal structure, freestanding systems, and shall not be attached to or supported by the roof or sides of any structure. 2. No billboard shall project onto any portion of the public right -of -way. 3. The rear of any single face board shall have a solid back of metal and shall remain painted and in good repair at all times or shall have a second conforming face for advertising display. • 4. The name or insignia of the owner of each billboard shall be displayed on the front of each billboard. TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 68 • 5. All billboards shall be maintained in good condition and repair and shall pose no hazard to public safety. (Prior code § 9910) 17.116.130 Rehabilitation of existing substandard billboards. All existing eight- foot -by- nine -foot size wooden billboards shall be completely re -moved by their owners within the time al -lowed by that certain agreement dated September 11, 1984 between Independent Out -door Advertising, Inc., and the city. Such signs may be replaced in accordance with that certain agreement by the placement of single -faced six- foot -by- twelve -foot stainless steel nonilluminated signs at the following locations only: 8640 E. Garvey Avenue FW, single face 8724 E. Garvey Avenue FW, single face 8905 W. Garvey Avenue FW, single face 2708 N. San Gabriel Blvd. FN, single face 9430 Valley Boulevard FW, single face (Prior code § 9910.1) 17.116.140 Effect of conformity to Section 17.116.130. A. Billboards not in conformity with the standards of Section 17.116.130 on December 31, 1978, shall be subject to the amortization terms set forth in this chapter. • B. Billboards conforming to the standards of Section 17.116.130 on December 31, 1980, shall be exempted from the amortization provisions of this chapter. (Prior code § 9911) 17.116.150 Nonconforming sign — Replacement of alteration. A. A nonconforming sign may be replaced only by a conforming sign. Alteration of a nonconforming sign shall be permitted only to decrease or abate the nonconformity. Nothing in this section shall preclude repair for normal maintenance of a sign. B. No signs may be added to an occupancy with a nonconforming sign unless all signs associated with such occupancy are made conforming. (Prior code § 9912) 17.116.160 Nonconforming signs and billboards — Removal procedure. Upon determination by the Community Development Director that a particular use, structure or sign is nonconforming, the following procedure shall be employed: A. Notice. Notice shall be directed, in writing, to the owner of the subject property and the lessee, if known, that a public hearing will be held before the Commission to determine if the use, structure or sign is nonconforming and, therefore, considered a public nuisance, injurious to neighboring properties and to the health and welfare and environment of the city. The notice shall be mailed not less than ten days before the public hearing. In the case of a nonconforming sign, the notice shall be directed to the owner of the sign, if known, and to the owner of the land. • B. Procedure at hearing. TITLE 17 -ZONING ARTICLE 4 -SUPPLEMENTAL STANDARDS 169 • The procedure to be employed by the Commission and rights of appeal therefrom shall be set forth in Article 6. C. Decision. If the Commission finds that the use, structure or sign does not conform to the provisions of this code, and that the period of continuation of such use, structure or sign has expired, the Commission shall order repair, alteration, correction or removal of such structure, sign or use within thirty (30) days of mailing a copy of its decision to the owners. D. If the owner of the land, lessee, the owner of the sign or structure, or other re- sponsible party fails or refuses to repair, correct, demolish or discontinue a use, sign or structure declared to be nonconforming and a nuisance pursuant to subsections A and C of this section, and such correction, repair, discontinuance or demolition is not performed within thirty (30) days of the mailing of the notice set forth in subsection C of this section, the city may order such work be done by, and the costs therefor, assessed against the owner of the land and becoming a lien on such property by operation of law. (Prior code § 9913) 17.116.170 Illegal signs in public right-of-way—Removal authority. A. Any illegal sign in the public right -of -way may be removed by the city. B. No notice shall be required prior to removal of illegal signs, including without limitation elections signs, in the public right -of -way. C. Any sign removed by the city, except any sign of de minimis value, shall be held in storage • and the owner or other person in control of such sign, if the owner or other person in control of such sign is identified, shall be given written notice and ten days to reclaim such sign. In the event the city is not able to identify the owner or person in control of such an illegal sign, no notice is required. D. Any sign held in storage by the city may be destroyed by the city if not reclaimed: 1. In the time period set forth in subsection C of this section; or 2. Within ten days after the removal if the owner or other person in control of such sign is not known. E. in order to reclaim a sign removed by the city, the owner or other person in control of such sign shall first pay to the city a fee as set forth in a resolution adopted by the City Council. F. Any illegal sign in the public right -of -way of de minimis value shall be deemed to be abandoned and may be destroyed by the city after removal. No opportunity to reclaim such sign shall be given by the city. G. For purposes of this section, any sign made of cardboard or other nondurable material shall be deemed to be of de minimis value. (Ord. 774 § 2 (part), 1996: prior code § 9915) • 17.116.180 Illegal signs — Presumption of responsible party. TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 70 • A. Each of the following persons is pre -sumed to be responsible for the posting of an illegal sign, including without limitation an election sign, on public property: 1. Any person whose name appears on the sign; and 2. The promoter or sponsor of an event named on the sign; and 3. Any person retained to post or distribute such signs. B. More than one person may be deemed responsible for the placement of the same sign. (Ord. 774 § 2 (part), 1996: prior code § 9916) 17.116.190 Illegal signs on public property— Removal charges. A. All persons responsible for an illegal sign posted on public property, as well as any person who actually posted the sign, shall be jointly and severally liable for the costs of the city for the removal of such sign from public property. Such charges shall be in addition to all other legal remedies, criminal, civil and administrative, which may be pursued by the city to address any violation of this code. B. A bill of charges shall be served upon a responsible party by the director of the department which removed the sign. C. The total amount of the bill of charges shall be deemed to be a civil debt to the city and the city may take such action to recover such charges as the city is authorized to do by law for • the recovery of a civil debt. (Ord. 774 § 2 (part), 1996: prior code § 9917) 17.116.200 Hearing on removal costs. A. The bill of charges shall include a notice of the right of the person being charged to request a hearing before the City Manager to dispute the imposition of the charges. • B. Any request for a hearing to dispute the imposition of charges must be in writing and received by the office of City Manager within ten days of the date of service of the bill of charges, and shall include a statement of the reasons and grounds upon which the dispute is based. The office of the City Manager shall conduct the hearing on disputed charges within twenty (20) days of the receipt of the request for hearing. (Ord. 774 § 2 (part), 1996: prior code § 9918) TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 71 ri Ll • ARTICLE 5 LAND USE AND DEVELOPMENT APPLICATION PROCEDURES Chapter 17.120 APPLICATIONS AND PROCESSING Sections: 17.120.010 Purpose. 17.120.020 Authority for land use and zoning decisions. 17.120.030 Multiple permit applications. 17.120.040 Optional pre - application review and meeting. 17.120.050 Land use application preparation and filing. 17.120.060 Application fees. 17.120.070 Initial application review and completeness. 17.120.080 Public hearing. 17.120.090 Time limits. 17.120.100 Changes to an approved project 17.120.110 Environmental assessment. 17.120.010 Purpose. This Chapter provides procedures and requirements for the preparation, filing, and initial • processing of applications for the land use permits required by this Title. 17.120.020 Authority for land use and zoning decisions. Table 17.120.020.1 (Review Authority), below, identifies the review authority responsible for reviewing and making decisions on each type of application required by this Zoning Code. "Decision" means that the review authority makes the final decision on the matter. "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier decision - making body, in compliance with Chapter 17.160 (Appeals). "Recommend" means that the review authority should provide preliminary review and forward input to the decision - making review authority for consideration. Any review authority may defer and refer the request to the next higher review authority level. The review and approval land use permits, where the Community Development Director is indicated as the Review Authority in the table below, is shared by the Planning Division, the Community Development Director, and the Development Review Committee. 17.120.030 Multiple permit applications. A. Concurrent filing. An applicant for a development project that requires the filing of more than one application (e.g., Zoning Map Amendment and a Conditional Use Permit, etc.), shall file all related applications concurrently, with all application fees, unless this concurrent filing requirement is waived by the Community Development Director. B. Concurrent processing. Multiple applications for the same project shall be processed concurrently, and shall be • reviewed, and approved or denied by the highest review authority designated by this Zoning Code for any of the applications. For example, a project for which applications for Zoning TITLE 17 -ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 11 • Map Amendment and a Conditional Use Permit are filed shall have both applications decided by the Council instead of the Commission which would otherwise be the final decision making authority for the Conditional Use Permit as specified in Table 17.120.020.1. In the example cited, the Commission would still hear each application (the Zoning Map Amendment and the Conditional Use Permit) and forward recommendations to the Council. • 0 TABLE 17.120.020.1 REVIEW AUTHORITY REVIEW AUTHORITY Type of Land Use Permit CD Director Commission Council Administrative Determinations • Decision • Appeal • Appeal Administrative Use Permit • Decision • Appeal • Appeal Annexations • Recommend • Recommend • Decision Conditional Use Permit • Recommend • Decision • Appeal Density Bonus • Recommend • Decision Design Review (D-Overlay and RCMUDO) • Recommend • Decision • Appeal Design Review (C-4 Zoned Projects) • Recommend • Recommend • Decision Development Agreements • Recommend • Recommend • Decision General Plan Amendment • Recommend • Recommend • Decision Joint/Off-Site Parking Agreement • Decision • Appeal • Appeal Minor Variances • Decision • Appeal • Appeal Municipal Code Amendment (Zoning Code Text Amendment) . Recommend • Recommend • Decision Outdoor Sales (Nonresidential) • Decision • Appeal • Appeal Planned Developments • Recommend • Recommend • Decision Reasonable Accommodation • Decision • Appeal • Appeal Sign Plan • Decision • Appeal • Appeal Site Plan and Design Review (Administrative) • Decision •Appeal •Appeal Site Plan and Design Review (Discretionary) • Recommend • Decision • Appeal TITLE 17 — ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 1, 2 • REVIEW AUTHORITY Type of Land Use Permit CD Director Commission Council Specific Plans • Recommend • Recommend • Decision Subdivisions (Tentative Parcel Maps and Tentative Tract Maps) • Recommend • Decision • Appeal Temporary Use Permits, Special Event Permits, Temporary Banner Permits • Decision •Appeal •Appeal Yard Sale (Residential) • Decision • Appeal • Appeal Zone Change • Recommend • Recommend • Decision Zone Variance • Recommend • Decision • Appeal 17120.040 Optional Pre-application review and meeting. A. Optional pre - application process. A prospective applicant is encouraged to file for a Pre - application review and meeting before completing and filing a land use permit application. The Pre - application process is intended to streamline the overall land use approval process by helping the applicant, staff, and • outside agencies identify and resolve critical issues very early in the development process. 1. Pre - application filing. For an application to be accepted, the applicant must provide all of the required information described on the checklist and application form provided by the Planning Division at the time of application submittal. A letter of authorization from the property owner is required if the Pre - application is not signed by the owner. Incomplete applications will not be accepted. Only one application may be filed per project. 2. Pre - application fee. A fee, as established by Council resolution, shall be paid upon filing of such application. 3. Pre - application review. Staff conducts an initial review of the proposal, and the applicant is notified of the time and place of the Pre - application meeting within thirty (30) days of the application submittal. 4. Pre - application meeting. The purpose of a Pre - application meeting is to inform the applicant of City requirements as they apply to the proposed project. During the meeting staff will discuss the City's review process, possible project alternatives or modifications, and identify information and materials the City will require along with the application, including any necessary technical studies and information anticipated for the environmental review of the project. a. The applicant or representative must attend the Pre - application meeting. • b. A final comment letter will be sent to the applicant within four (4) business days after the Pre- application meeting. TITLE 17— ZONING ARTICLE 5- DEVELOPMENT APPLICATION PROCEDURES 13 • c. The Pre - application review, project comments, information, and /or pertinent policies shall not be construed as either a recommendation of project approval or denial by the City's representative. Failure of the City's representative to identify all required studies or all applicable requirements at the time of Pre - application review shall not constitute a waiver of those studies or requirements.. 17.120.050 Land use application preparation and filing. Each application for a permit, amendment, or other matter pertaining to this Zoning Code shall be made in writing and filed with the Planning Division, using the standard forms provided by the department together with all necessary fees and /or deposits, exhibits, maps, materials, plans, reports, and other information specified in the application form and any additional information required by the Community Development Director in order to describe clearly and accurately the proposed project, its potential environmental impact, its effect on existing improvements, and to conduct a thorough review of the proposed project. Informational requirements for each application are referred to as the application's 'Submittal Standards' or 'Checklist' and are available at the Planning Division counter. A. Applicants are encouraged to contact the Planning Division Staff before submitting an application to verify which materials and fees are necessary for application filing and /or to arrange for an appointment for submittal. • B. The applicant shall verify the contents of the application and the date of verification shall be noted on the application. 17.120.060 Application fees. A. Application fees. 1. The City Council shall establish a schedule of fees for the processing of the applications required by this Zoning Code, hereafter referred to as the Planning Division Application Fee Schedule. a. The Planning Division Application Fee Schedule is intended to allow recovery of all costs to the maximum extent by law, incurred by the City in processing permit applications. b. The Planning Division Application Fee Schedule may be amended as often as deemed necessary by the City Council. 2. Timing of payment. a. Applications shall not be deemed complete, and processing shall not commence, on any application until all required fees or deposits have been paid. Payment of required fees and /or deposits shall not deem the application complete. b. Failure to timely pay supplemental requests for payment of required fees and /or • deposits shall be a basis for denial or revocation of any permit or other requested entitlement, notwithstanding any other provisions of this Zoning Code. TITLE 17 -ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 14 • 3. Refunds and withdrawals. a. Application fees cover City costs for public hearings, mailings, staff and consultant time, and the other activities involved in processing applications. b. No refund due to denial shall be allowed. c. In the case of a withdrawal, the Community Development Director shall have the discretion to authorize a partial refund based upon the pro -rated costs to -date and the status of the application at the time of withdrawal. 17.120.070 Initial application review and completeness. Each application filed with the Planning Division shall be initially processed as follows: A. Completeness review. The Planning Division shall review an application for completeness and accuracy before it is accepted as being complete and officially filed. The Division will consider an application complete when: 1. All necessary application forms, documentation, exhibits, materials, maps, plans, reports and other information specified in the application form, any applicable Division handout, and any additional information required by the Community Development Director have been provided and accepted as adequate. • 2. All necessary fees and deposits have been paid and accepted. B. Notification of applicant. As required by Government Code Section 65943, the applicant shall receive written notification within thirty (30) days of submittal that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the written notification, must be provided. C. Expiration of application. If an applicant fails to provide the additional information specified in the City's letter within 90 -days following the date of the letter, or shorter time frame as determined by the Community Development Director, the application shall expire and be deemed withdrawn without any further action by the City, unless a written request for an extension is submitted by the applicant and approved by the Community Development Director. D. Extension of application. The Community Development Director may grant one 90 -day extension upon written request of the applicant. After expiration of the application, and extension, if granted, a new application, including fees, plans, exhibits, and other materials will be required to commence processing of a new project application on the same property. E. Referral of application. At the discretion of the Community Development Director, or where otherwise required by • this Zoning Code or State or Federal law, an application may be referred to any public agency that may be affected by or have an interest in the proposed project. TITLE 17 - ZONING ARTICLE 6 - DEVELOPMENT APPLICATION PROCEDURES 5 • F. Project review procedures. 1. Investigation of facts. Following receipt of a completed application, the Community Development Director shall investigate the facts necessary for action consistent with the purpose of this Article. 2. Inspection of premises. a. Pre - inspections. The Community Development Director shall have access to the subject premises in order to make an inspection(s) to confirm the statements contained in the application and accompanying graphic materials and to make a judgment as to its suitability. b. Post - inspections. After approval, the Community Development Director shall have access to the subject premises to confirm compliance with this Zoning Code and all conditions of permit approval. 17.120.080 Public hearing. The procedure set forth in Chapter 17.156 (Public Hearings and Administrative Review) and Chapter 17.160 (Appeals) shall constitute the procedure for public hearings, except as otherwise specifically provided in this chapter. 17.120.090 Time Limits. A. Unless a condition of approval or other provision of this Zoning Code establishes a different • time limit, any permit or approval not exercised within one (1) year from the actual date of review authority approval shall expire and become void, except where an extension of time is approved in compliance with subsection (F) of this section. • B. The permit shall not be deemed "exercised" until at least one of the following has first occurred: 1. A grading permit has been issued and grading has been substantially completed; 2. A building permit has been issued and construction has commenced, and the building permit remains to be valid by or through the making of satisfactory progress as determined by the Building Official; 3. A Building Certificate of Occupancy has been issued; 4. The use is established; or 5. A time extension has been granted in compliance with subsection (F) of this section. C. If a project is to be developed in preapproved phases, each subsequent phase shall be exercised within one (1) year from the date that the previous phase was exercised, unless otherwise specified in the permit, or, the permit shall expire and become void, except where an extension of time is approved in compliance with subsection (F) of this section. TITLE 17 - ZONING ARTICLE 6 - DEVELOPMENT APPLICATION PROCEDURES 16 • D. If the project also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit shall be exercised before the expiration of the tentative map, or the permit shall expire and become void and of no further effect. E. Once exercised, any use that has been abandoned for at least one hundred eighty (180) days or changed shall be deemed void. F. Extensions of Time. Upon written request by the applicant, the Review Authority who made the decision on the application may extend the time for an approved permit or approval to be exercised. Filing and Review of Request. The applicant shall file a written request for an extension of time with the Planning Division no less than thirty (30) days or more than ninety (90) days before the expiration date of the permit, together with the filing fee required by the City's fee schedule adopted by resolution. 2. Action on extension request. A permit or approval may be extended for no more than three (3) additional twelve (12) month periods beyond the expiration of the original approval; provided, the Review Authority first finds that there have been no changes in the conditions or circumstances of the site or project so that there would have been grounds for denial of the original project. G. Effect of expiration. After the expiration of a permit or approval in compliance with subsection (F) of this Section, no further work shall be done on the site and no further use of the site shall occur until a new permit or approval and any required building permit or other • City permits or approvals are first obtained. 17.120.110 Changes to an approved project. Development or a new use authorized through a permit granted in compliance with this Zoning Code shall be established only as approved by the review authority, and in compliance with any conditions of approval, except where a change to the project is approved in compliance with this section. A. Application. An applicant shall request a proposed change in writing, and shall also furnish appropriate supporting information and materials explaining the reasons for the request. B. Minor changes approved by the Community Development Director without a public hearing. 1. The Community Development Director may authorize minor changes to an approved discretionary permit, without a public hearing, where the Community Development Director first finds that the changes: a. Are consistent with all applicable provisions of this Zoning Code; b. Do not involve a feature of the project that was a basis for or subject of findings or exemptions in a negative declaration or Environmental Impact Report for the project; c. Do not involve a feature of the project that was specifically addressed or was the • subject of a condition(s) of approval for the project or that was a specific consideration by the applicable review authority in the project approval; and TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 17 • d. Do not result in an expansion or change in operational characteristics of the use. L� 2. The Community Development Director may choose to refer any requested change to the original review authority for review and final action. C. Changes approved by original review authority. A proposed change that does not comply with the criteria identified in subsection (B) of this section, or any other provision of the Zoning Code, may only be approved by the original review authority for the project through a modification permit application filed and processed in compliance with this Chapter. 17.120.110 Environmental assessment. After acceptance of a complete application, the project shall be reviewed in compliance with the California Environmental Quality Act (CEQA), to determine whether the proposed project is exempt from the requirements of CEQA or is not a project as defined by CEQA, whether a negative declaration or a mitigated negative declaration may be issued, or whether an environmental impact report (EIR) shall be required. When these determinations are required, the preparation of EIRs, shall be in compliance with the City's CEQA Guidelines. TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 18 • Chapter 17.124 TEMPORARY USE PERMITS AND SPECIAL EVENTS Sections: 17.124.010 Purpose. 17.124.020 Definitions. 17.124.030 Exempt temporary uses and special events. 17.124.040 Allowed temporary uses and special events. 17.124.050 Application filing, processing, and review. 17.124.060 Findings and decision. 17.124.070 Conditions of approval. 17.124.080 Expiration, modification, extension and revocation of temporary use permit or special event permit. 17.124.010 Purpose. The purpose of this Chapter is to allow for short-term activities that are compatible with adjacent and surrounding uses when conducted in compliance with this Chapter. 17.124.020 Definitions. For the purpose of this Chapter, the following terms shall have the meaning set forth herein. "Temporary Land Use" means a land use that is interim, non - permanent, and /or seasonal in nature, lasting between from one (1) to thirty (30) days, and generally not more than thirty (30) • consecutive days in duration. The temporary land use shall only occur on private property. "Special Event" means a short-term event lasting no more than three (3) days that meets any of the following criteria: 1. Any event that requires the closure of any street or public right -of -way to vehicular or pedestrian traffic. 2. Any event to be held at a public/private facility with a projected attendance of five hundred (500) or more people. 3. Any event that will generate any outdoor video or sound. 4. Any event that will require the use of City resources for security, crowd control, sanitation, etc. 17.124.030 Exempt temporary uses and special events. The following minor and limited duration uses are exempt from Temporary Use Permit and Special Event Permit requirements. Uses that do not fall within the categories defined below shall comply with this Chapter. A. Construction sites — on -site. 1. On -site contractors' construction /storage uses, in conjunction with an approved • construction project on the same parcel. TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 19 2. One adult caretaker may be present during non - construction hours. 3. The construction and /or storage use shall be removed immediately upon completion of the construction project, or the expiration of the building permit, authorizing the construction project, whichever first occurs. B. Emergency facilities. Emergency public health and safety needsAand use activities, as determined by the Community Development Director. C. Outdoor sales and garage sales. Outdoor sales on nonresidential property and garage and yard sales (i.e., personal property sales) conducted on residentially zoned property allowed only in compliance with Chapter 17.76 (Outdoor Sales and Garage Sales). D. Publicly owned property. Events that are to be conducted on publicly owned property, are subject to the approval of the Community Development Director, and are sponsored by educational, fraternal, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Revenue and Taxation Code. 17.124.040 Allowed temporary uses and special events. The following temporary uses and special events are allowed, subject to the issuance of a permit, and only when conducted in compliance with Section 17.124.070 (Conditions of Approval). A. Temporary uses. 1. Contractors' construction sites (off- site). The temporary use of a site for an off -site contractor's construction, staging, or storage area(s). The permit may be effective for up to one hundred eighty (180) days and extended in 180 -day increments, with the Community Development Director approval, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs. 2. Outdoor meetings and group activities /assemblies for three (3) consecutive days or less, and no more than three (3) events will be permitted on a single property per calendar year, excluding City sponsored events. 3. Seasonal sales (i.e., Halloween pumpkin sales and Christmas tree sale lots), issued in compliance with Business License requirements provided, the activity may only be held from October 1st through October 31st of the same year for the Halloween pumpkin sales, and from the day after Thanksgiving through December 26th, of the same year for Christmas tree sales. The Community Development Director may grant an alternative time period on a case -by -case basis. 4. Temporary structures. A temporary office or similar portable structure, including a manufactured or mobile unit, may be approved, for a maximum time period of twelve (12) months, as an accessory use or as the first phase of a development project, on sites located within the commercial, industrial, and mixed- use zones of the City. TITLE 17 - ZONING ARTICLE 6 - DEVELOPMENT APPLICATION PROCEDURES 1 10 • 5. Temporary work trailers. A trailer or mobile home may be used as a temporary work site for employees of a business during construction or remodeling of a permanent commercial, or industrial structure when a valid Building Permit is in force for up to twelve (12) months. 6. Other similar temporary uses. Similar temporary uses that, in the opinion of the Community Development Director, are compatible with the subject zone and surrounding land uses. B. Special events. Special events shall last not more than three (3) days, and no more than three (3) events will be permitted on a single- property per calendar year, excluding City sponsored events. The following is a list of examples of special events: • An arts and crafts exhibit, • Auctions, • Carnivals, • Concerts, • Fairs, • Festivals, • Food markets /events, • Outdoor entertainment, or • Sporting events, such as a 5K, bicycle race, or walking event. 17.124.050 Application filing, processing, and review. • A. Filing. An application for a Temporary Use Permit or a Special Event Permit shall be filed with the Planning Division in the following manner: An application for a Temporary Use Permit or Special Event Permit shall include the information and materials specified in the Temporary Use Permit and Special Event Permit handout, together with the required fee(s) as established by City Council's resolution. A Special Event Permit application shall be filed with the Planning Division at least sixty (60) days before the event is scheduled to take place. Special Event Permit applications submitted within thirty (30) to fifty -nine (59) days before the event is scheduled shall be subject to an expediting fee. b. An application for Temporary Use Permit shall be submitted at least thirty (30) days before the use is schedule to commence. B. Evidence. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.124.060 (Findings and Decision), below. C. Project review procedures. Following the receipt of a completed application for a Temporary Use Permit or Special Event Permit, the Community Development Director will investigate and consult with other • City departments and other agencies as necessary and schedule a conference with the applicant to further discuss any concerns. TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 111 • D. Public hearing not required. A public hearing shall not be required for the Community Development Directors decision on a Temporary Use Permit or Special Event Permit application. 17.124.060 Findings and decision. The Community Development Director, or his /her designee, shall review the application and may issue a Temporary Use Permit or Special Event Permit that would be operated in full compliance with the Chapter if the following findings can be made: A. The operation of the requested temporary use or special event at the location proposed and within the time period specified will not endanger, jeopardize, or otherwise constitute a menace to the public convenience, health, safety, or general welfare; B. The operation of the requested temporary use or special event will not be detrimental to adjoining properties through the creation of excessive dust, light, noise, odor, or other objectionable characteristics; C. The proposed site is adequate in size and shape to accommodate the temporary use or special event without detriment to the enjoyment of other properties located adjacent to and in the vicinity of the subject parcel; D. The proposed parcel is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or • could reasonably be expected to generate; E. Adequate temporary parking to accommodate vehicular traffic which would be generated by the use will be available either on -site or at alternate locations acceptable to the Community Development Director; and F. The applicant agrees in writing to comply with any and all of the conditions imposed by the review authority in the approval of the Temporary Use Permit or Special Event. 17.124.070 Conditions of approval. A. May impose conditions. In approving a Temporary Use Permit or Special Event Permit, the Community Development Director may impose conditions that are deemed reasonable and necessary to ensure that the activity would be in full compliance with the findings required by Section 17.124.060 (Findings and Decision). B. Appropriate conditions. Conditions addressing any offsite impacts of or other pertinent factors affecting the operation of the temporary event, or use, and may be imposed on the use, and may include (but are not limited to) the following: • Fixed period of time; • Operating hours and days; • Temporary pedestrian and vehicular circulation; • Regulation of nuisance factors; • Regulation of temporary structures; • Litter, sanitary, and medical facilities; ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 1 12 • • Waste collection, recycling, and /or disposal; • Evidence of food service permits. • Police /security and safety measures; • Signs; • Limitations on alcoholic beverage sales; • Performance bond or other security, such as a Clean -up Deposit; • Insurance and indemnification requirements to protect the City from liability as necessary; • Clarification of applicant's status, if claiming tax - exempt, non - profit status must attach a copy of their I.R.S. determination letter; • Written notification to neighbors; • Compliance with Title 5 (Business Licenses and Regulations); • Removal of debris, litter, or any other evidence of the temporary use or special event upon completion or removal of the use or event; • Compliance with applicable provisions; and • Other conditions. 17.124.080 Expiration, modification, extension and revocation of temporary use permit or special event permit. A. If the use authorized by any Temporary Use Permit or Special Event Permit is, or has been unused, abandoned, or none of the conditions have been complied with, the Temporary Use Permit shall become null and void and of no effect. • B. If any condition attached to a Temporary Use Permit or Special Event Permit is violated or if any law, statute or City ordinance is violated, the Temporary Use Permit or Special Event Permit and privileges shall be suspended; provided that the applicant has been given written notice to cease such violation and has failed to do so within the period of time specified. Repeated violations of any of the conditions attached to a Temporary Use Permit or Special Event Permit may be.grounds for revocation of the permit in accordance with the provisions of Chapter 17.168 (Revocations and Modifications). • C. In the event that the operation of any part of a facility granted by Temporary Use Permit or Special Event Permit should result in substantial complaints to the Planning Division, and when staff investigation determines that the conditions as originally drafted are not sufficient to properly regulate the use, the conditions may be modified in accordance with the provisions of Chapter 17.168 (Revocations and Modifications). D. For any revocation or modification of a Temporary Use Permit or Special Event Permit, as set forth in subsection B or C of this section, the Community Development Director shall send notice, in writing, to the original grantee of the permit that the Community Development Director intends to revoke or modify the permit, stating the grounds, and informing the grantee of the time and place of the hearing on such revocation, in addition to the requirements set forth in Chapter 17.168 (Revocations and Modifications). TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 1 13 • Chapter 17.128 ADMINISTRATIVE USE PERMIT Sections: 17.128.010 Purpose. 17.128.020 Applicability. 17.128.030 Application filing and processing. 17.128.040 Findings and decision authority. 17.128.050 Conditions of approval. 17.128.060 Expiration, modification, extension and revocation of administrative use permit. 17.128.010 Purpose. An Administrative Use Permit is intended to allow for public review of land use proposals which are not of sufficient magnitude or complexity to warrant a Planning Commission hearing, but which could have a noticeable impact on the neighborhood. Uses listed in the Zoning Code as requiring an Administrative Use Permit are deemed to possess location, use, building or traffic characteristics of such unique and special form as to make impractical or undesirable, their automatic inclusion as permitted uses. In granting an Administrative Use Permit, certain conditions may be required to protect the public health, safety, convenience, and general welfare and to assure that the purposes of the Zoning Code shall be maintained with respect to the location, use, building, traffic and other impacts of the proposed use and its relationship with other existing and proposed uses in the surrounding area. • 17.128.020 Applicability. u Approval of an Administrative Use Permit is required to authorize proposed land uses specified by Article 2 (Zoning Districts, Allowable Land Uses and Zone - Specific Standards) as being allowable in the applicable zone when subject to the approval of an Administrative Use Permit. 17.128.030 Application, filing and processing. The procedure set forth in Chapter 17.120 (Applications and Processing), Chapter 17.156 (Public Hearings and Administrative Review) and Chapter 17.160 (Appeal) shall constitute the procedure relating to Administrative Use Permits, except as otherwise specifically provided in this Chapter. 17.128.040 Findings and decision authority. An Administrative Use Permit may be issued only after a hearing before the Community Development Director of the City upon application. The Community Development Director shall also find that the establishment, maintenance or operation of the use so applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the immediate neighborhood, not be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the City. A. All of the following findings shall be made by the Community Development Director in conjunction with the approval of an Administrative Use Permit: TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 114 • 1. Approval of the application will not be incompatible or injurious to other properties or land uses in the vicinity or create conditions materially detrimental to the public health, safety and general welfare. 2. The use is consistent with the General Plan. . 3. The use is consistent with the provisions of this Zoning Code. 4. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. 5. If development is provided for under the Administrative Use Permit, the project is consistent with the goals and 'objectives of the applicable standards and Design Guidelines in the overlying district. B. Referral to the Planning Commission. If the Community Development Director determines that there are unusual circumstances or special conditions related to an application, the Community Development Director may defer action and refer the application to the Planning Commission for final decision. 17.128.050 Conditions of approval. The Community Development Director has the authority to impose any additional conditions upon the Administrative Use Permit, which may be necessary or desirable to mitigate any potential impacts. The conditions may relate to use, height, area, yards, open spaces, • setbacks, parking, loading, signs, improvements, general character, appearance, time limits, revocation dates, and other conditions necessary to comply with the findings listed in Section 17.128.040 (Findings and decision authority) and all applicable site location, operation and development standards. 17.128.060 Expiration, modification, extension and revocation of administrative use permit. A. If the use authorized by any Administrative Use Permit is, or has been unused, abandoned or discontinued for a period of six (6) months or none of the conditions have been complied with, the Administrative Use Permit shall become null and void and of no effect. B. If any condition attached to a Administrative Use Permit is violated or if any law, statute or City ordinance is violated, the Administrative Use Permit and privileges shall be suspended; provided that the applicant has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days. Repeated violations of any of the conditions attached to an Administrative Use Permit may be grounds for revocation of the Administrative Use Permit. C. In the event that the operation of any part of a facility granted by Administrative Use Permit should result in substantial complaints to the Planning Division, and when staff investigation determines that the conditions as originally drafted are not sufficient to properly regulate the use, the conditions may be modified. D. For any revocation or modification of an Administrative Use Permit, as set forth in • subsection B or C of this section, the Community Development Director shall follow the TITLE 17 -ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 115 u • revocation and modification provisions set forth in Chapter 17.168 (Revocations and Modifications). TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 16 • Chapter 17.132 CONDITIONAL USE PERMITS Sections: 17.132.010 Purpose. 17.132.020 Applicability. 17.132.030 Application filing and processing. 17.132.040 Findings and decision authority. 17.132.060 Conditions of approval. 17.132.060 Expiration, modification, extension and revocation of conditional use permit. 17.132.010 Purpose. The purpose of a Conditional Use Permit is to provide for uses that have a potential for adverse impacts on surrounding properties, residents, or businesses. Therefore, when such uses are approved, conditions are placed on their establishment and operation to mitigate or eliminate such impacts to insure they are not detrimental to surrounding property. 17.132.020 Applicability. A Conditional Use Permit is required for all land uses that are necessary for the development of the community, but because of their nature cannot be classified as a permitted use and must be located, planned, and used in such a manner as not to be detrimental to the property abutting such uses and to the community as a whole. • 17.132.030 Application, filing and processing. The procedure set forth in Chapter 17.120 (Applications and Processing), 17.156 (Public Hearings and Administrative Review), and 17.160 (Appeals) shall constitute the procedure relating to Conditional Use Permits, except as otherwise specifically provided in this Chapter. 17.132.040 Findings and decision authority. A Conditional Use Permit may be issued only after a public hearing before the Planning Commission of the City upon application. The Planning Commission shall also find that the establishment, maintenance or operation of the use so applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood thereof, not be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the City. All of the following findings shall be made by the Planning Commission in conjunction with the approval of a Conditional Use Permit: A. Approval of the application will not be or incompatible or injurious to other properties or land uses in the vicinity or create conditions materially detrimental to the public health, safety and general welfare. B. The use is consistent with the General Plan. C. The use is consistent with the provisions of this Zoning Code. D. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. TITLE 17 -ZONING ARTICLE 6 - DEVELOPMENT APPLICATION PROCEDURES 1 17 • E. If development is provided for under the Conditional Use Permit, the project is consistent with the goals and objectives of the applicable standards and Design Guidelines in the overlying district. 17.132.060 Conditions of approval. The Planning Commission and /or City Council have the authority to impose any additional conditions upon the Conditional Use Permit which it determines are necessary or desirable to mitigate any potential impacts. These conditions may address any pertinent factors affecting the operation of the use, and may include but are not limited to the following: A. Limitation on duration of use. B. Operating hours and days. C. Pedestrian and vehicular circulation. Provision for adequate pedestrian and vehicular circulation, parking facilities (including vehicular ingress and egress), and public transportation, if applicable; D. Regulation of nuisance factors. Regulation of nuisance factors including prevention of glare or direct illumination on adjacent lots, dirt, dust, erosion, gases, heat, noise, odors, smoke, soil contamination, trash, and vibration; E. Regulation of temporary structures. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including • buffer areas and other yards; F. Landscaping and screening provisions; G. Waste collection, recycling, and /or disposal. Provision for solid, hazardous, and toxic waste collection, recycling, and /or disposal; H. Site maintenance; I. Lighting provisions (exterior and interior); J. Police /security and safety measures. Provision for police /security and safety measures, as appropriate; K. Signs. Regulation of signs in compliance with Chapter 17.116 (Signs); L. Indemnification agreement; M. Signed affidavit for acceptance conditions of approval; N. Compliance with applicable provisions. A requirement that the approval of the requested limited term permit is contingent upon compliance with applicable provisions of the Municipal Code and the successful granting of all required permits and licenses from any other department or governing agency; and • O. Other conditions. Other conditions that would ensure the operation of the use in an orderly and efficient manner, and in full compliance with the purpose of this section. TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 1 18 • 17.132.060 Expiration, modification, extension and revocation of conditional use permit A Conditional Use Permit approved in compliance with the provisions of this Chapter shall continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this Chapter, except as follows: A. If the use authorized by any Conditional Use Permit is, or has been unused, abandoned or discontinued for a period of one (1) year, the Conditional Use Permit shall become null and void and of no effect. B. If any condition attached to a Conditional Use Permit is violated or if any law, statute or City ordinance is violated, the Conditional Use Permit and privileges shall be suspended; provided that the applicant has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days. Repeated violations of any of the conditions attached to a Conditional Use Permit may be grounds for revocation of the conditional use permit. C. In the event that the operation of any part of a facility granted by Conditional Use Permit should result in substantial complaints to the Planning Division, and when staff investigation determines that the conditions as originally drafted are not sufficient to properly regulate the use, the conditions may be modified. D. For any revocation or modification of a Conditional use permit, as set forth in subsection B • or C of this section, the Community Development Director shall follow the revocation and modification provisions set forth in Chapter 17.168 (Revocations and Modifications). L TITLE 17 -ZONING ARTICLES - DEVELOPMENT APPLICATION PROCEDURES 1 19 • Chapter 17.136 SITE PLAN AND DESIGN REVIEW Sections: 17.136.010 Purpose. 17.136.020 Applicability. 17.136.030 Review authority. 17.136.040 Application requirements and review criteria. 17.136.050 Issuance of other required permits and approvals. 17.136.010 Purpose. Site Plan and Design Review procedures and standards provide for the comprehensive review of proposed development projects to: A. Assure orderly development and harmonious appearance of structures with associated site improvements (such as landscaping, parking areas, signs, etc.); B. Ensure that each new development is designed to best comply with the purpose and intent of the zoning district in which the property is located, and balance the rights of adjoining property owners regarding privacy, noise, light, health, and safety; C. Ensure compliance with the required standards, design guidelines, and ordinances of the City; minimize potential adverse effects on surrounding properties and the environment; and protect the integrity and character of the residential, commercial and public areas of the City; • D. Ensure the implementation of urban design policies and principles consistent with the City's General Plan; • E. Develop property in a manner that respects the physical and environmental characteristics of each site and will complement surrounding properties and maintain and protect property values and financial investments; Ensure the development of a circulation pattern that is safe and convenient for both pedestrians and vehicles; and G. Ensure the development will not be incompatible or injurious to other properties or land uses in the vicinity or create conditions materially detrimental to the public health, safety and general welfare. 17.136.020 Applicability. No building permit or any other type of construction permit shall be issued for any building structure or other development of property until a Site Plan and Design Review covering the parcel or parcels is approved as provided herein. Building permits and other construction permits may be issued only in accordance with such an approved plan, including the terms and conditions thereof. TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 1 20 • 17.136.030 Review authority. A. Discretionary review. 1. Residenfial. A Discretionary Site Plan and Design Review by the Planning Commission shall be required for the following residential projects: a. Any new dwelling unit to be constructed that equals or exceeds two thousand five hundred (2,500) square feet of developed living area; b. Any addition to a dwelling unit in which the total floor area with the addition equals or exceeds two thousand five hundred (2,500) square feet of developed living area; c. Any fill that would raise the building pad or front yard elevation by more than twenty- four (24) inches above the natural grade; and d. The construction of a multi - family dwelling or apartment building in the R -3 zone 2. Non - residential. A Discretionary. Site Plan and Design Review by the Planning Commission shall be required for the following non - residential projects: a. Any proposal to construct a new building of three thousand (3,000) gross square feet or more, or the addition of three thousand (3,000) square feet or more within a one year period, or an addition that exceeds fifty (50) percent of the existing gross floor area in the P -O, C -1, C -3, CBD, CI -MU, and M -1 zones; • b. Any proposal to construct a building over the minimum numerical height requirement, to exceed the maximum by no more than five (5) feet if it is determined that the additional height would provide unique architectural elements that would enhance the project overall in the Commercial P -0, C -1, C -3, C-4, and CBD zones; and c. Any other development proposal where a discretionary site plan review is required by this Title. B. Administrative staff review. 1. Residential. An Administrative Site Plan and Design Review by Planning Division staff shall be required for the following residential projects: a. The construction of any single - family or two- family dwelling unit in the R -1, R -2, and R -3 zones that has a total developed living area of less than two thousand five hundred (2,500) square feet; b. A residential addition and modification to a single - family or two- family dwelling unit in the R -1, R -2, and R -3 zones, in which the total developed living area with the addition is less than two thousand five hundred (2,500) square feet. A modification to a residential structure shall include structural fagade improvements, front yard porches, and roof pitch changes; c. The installation of hardscape directly adjacent to a new or remodeled residential • driveway; TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 1 21 d. The installation of a portable shade structure in the rear yard of a R -1 or R -2 lot; e. The installation of new fences and walls in a residential front yard; and The construction including expansion of square footage of any accessory structure, including patio covers, pools, and spas. g. Minor, non - structural repairs and maintenance to existing structures provided such minor maintenance and repairs meet the standards of the underlying zone shall be exempt from an administrative site plan review. Minor repairs and maintenance to nonconforming residential structures shall comply with Chapter 17.72 (Nonconforming Uses and Structures). 2. Non - residential. An Administrative Site Plan and Design Review by Planning Division staff shall be required for the following nonresidential projects: a. Notwithstanding the provisions of Chapter 17.28 (Overlay Zones), the construction of a new non - residential building with a total gross floor area less than three thousand (3,000) square feet; b. Any addition or modification to a non - residential structure in which the total gross floor area with the addition is less than three thousand (3,000) square feet. A modification to a nonresidential structure shall include structural fagade improvements, including window and door change outs when a building permit is required, and roof pitch changes; • c. Other non - residential construction consisting of new fences and walls, new parking lot layout plans, new landscape planters, and signs. d. Minor, non - structural repairs, and maintenance to existing structures, parking lots, and landscape planters shall be exempt from an Administrative Site Plan Review, provided such minor maintenance and repairs meet the standards of the underlying zone. Minor repairs and maintenance to nonconforming non - residential structures shall comply with Chapter 17.72 (Nonconforming Uses and Structures). 17.136.040 Application requirements and review criteria. A. Discretionary site plan and design review. A Discretionary Site Plan and Design Review shall be subject to the design review application filing, processing and review criteria outlined in Chapter 17.28, Section 17.28.020 and the public hearing provisions in Chapter 17.156 (Public Hearings and Administrative Review). B. Administrative site plan and design review. Items requiring an Administrative Site Plan and Design Review shall be subject to the review and approval of the Planning Division staff. Each application for an Administrative Site Plan and Design Review shall be reviewed to ensure that the application is consistent with 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 completed application, staff shall review the design, location, site plan configuration, and the effect of • the proposed development on surrounding development by comparing the project plans to TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 1 22 • the established development standards, regulations, and applicable design guidelines and policies. 17.136.050 Issuance of other required permits and approvals. A. Permits for grading, structures, and uses. Upon approval Administrative Site Plan and Design Review permits may be issued for grading, structures, and uses. B. Grading shall not be started and no structure shall be altered, enlarged, erected, moved, or rebuilt subject to the provisions of this Chapter, except in compliance with the approved Site Plan and Design Review and the conditions imposed on the review. C. Expiration. Construction of improvements permitted by a Discretionary or Administrative Site Plan and Design Review approval shall be "exercised" or started 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. D. Extension. An extension of time for a Site Plan and Design Review maybe granted by the Community. Development Director upon the written request of an interested person filed with the Community Development Department prior to the expiration of such twelve (12) months 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 Community Development Director finds the facts to be substantially as set forth and to constitute justifiable cause for such extension. If the Site Plan and Design Review was approved by the Planning Commission, then the Planning Commission shall consider the request for an 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. • TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 23 • Chapter 17.140 VARIANCES Sections: 17.140.010 Purpose. 17.140.020 Applicability. 17.140.030 Application filing and processing. 17.140.040 Findings and decision authority. 17.140.050 Conditions of approval. 17.140.060 Expiration and extensions. 17.140.010 Purpose. The purpose of a Variance is to give the Planning Commission authority to allow an exception to certain development standards prescribed in the Zoning Code when practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this title occur by reason of a strict interpretation and enforcement of any of the provisions of this Title. 17.140.020 Applicability. A Variance is required for any development that is not consistent with applicable development standards or other regulations of this Title, with an exception of Minor Modifications, which are processed in accordance with Chapter 17.142. A Variance may not be used to permit a land use or activity, which is otherwise not permitted in the applicable zoning district. • 17.140.030 Application filing and processing. The procedure set forth in Chapter 17.156 through 17.172 shall constitute the procedure relating to Variances, except as otherwise specifically provided in this chapter. • 17.140.040 Findings and decision authority. A Variance may be granted only after a public hearing before the Planning Commission of the City held pursuant to Chapter 17.156. All acts of the Planning Commission or any City officers under the provisions of this Chapter, shall be construed as administrative acts performed for the purpose of this title shall apply in special cases, as provided in this Chapter, and shall not constitute amendments to the provisions of this Title or the Zoning Map. All of the following findings shall be made by the Planning Commission in conjunction with the approval of a Variance: A. There are special circumstances or conditions applicable to the subject property (such as location, shape, size, surroundings, topography, or other physical features, etc.) that do not apply generally to other properties in the vicinity under an identical zoning district; B. Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other property in the vicinity and under an identical zoning district; C. Approving the Variance would not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity and zone in which the subject property is situated; and TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES ; 24 • D. The requested Variance would not allow a use or activity that is not otherwise expressly authorized by the regulations governing the subject parcel. • 11 17.140.050 Conditions of approval. If a Variance is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents, or businesses. 17.140.060 Expiration and extensions. A. No permit or license shall be issued for any use involved in an application for a Variance until it has become final by reason of the failure of any person to appeal or by reason of the action of the City Council. B. If the use authorized by any Variance is, or has been, unused, abandoned or discontinued for a period of one (1) year, or the conditions have not been complied with, said Variance shall become null and void and of no effect, unless by conditions of the Variance a longer period of time is allowed. C. An extension of a Variance may be granted by the Planning Commission upon the written request of the applicant filed with the Planning Commission prior to the expiration of a one (1) year period. Such request shall set forth reasons supported by factual data why the Variance has been unused, abandoned or discontinued or the conditions not complied with. No extension of any Variance shall be granted unless the Planning Commission finds the facts to be substantiated and to constitute justifiable cause for the extension. TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 125 • Chapter 17.142 MINOR EXCEPTION Sections: 17.142.010 Purpose. 17.142.020 Authority to approve. 17.142.030 Application and fees. 17.142.040 Hearing and notice. 17.142.050 Investigation of application. 17.142.060 Appeals from decision of Community Development Director. 17.142.070 Decision on minor exception to be final prior to issuance of permit. 17.142.080 Voiding of minor exception. 17.142.090 Extension of time. 17.142.010 Purpose. The purpose of a Minor Exception is to give the Community Development Director authority to allow an exception to certain development standards prescribed in the Zoning Code when practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this title occur by reason of a strict interpretation and enforcement of any of the provisions of this Title. 17.142.020 Authority to approve. A. The Community Development Director shall have the authority to grant, subject to appeals • to the Planning Commission, minor exceptions as follows: Minor Exceptions of the rear yard, side yard, lot coverage, driveway, or parking stall size as may be necessary to secure an appropriate improvement of a lot to prevent unreasonable hardship or to promote uniformity of appearance, provided such exceptions do not exceed a twenty percent (20 %) exception from existing regulations. a. A Minor Exception request for the extension of nonconforming building walls with in a side yard side yard setback may be approved only where: 1) The square footage of any new encroachment into the setback does not exceed the square footage of the existing nonconforming, encroachment into the setback. 2) The resulting structure complies with the floor area, lot coverage, and other setback requirements of the zone in which it is located. 3) The minor exception shall be in compliance with all Building and Safety laws. 4) No previous variance or minor exception has been granted for an extension of the subject nonconforming wall. 5) The expansion area shall be defined by the extension of two or more existing exterior walls. 2. Minor exception of fence, wall, hedge, sign, swimming pool, and storage regulations, including vehicles, boats, trailers, and campers, as may be necessary to secure an appropriate improvement or use of a lot, provided that such exceptions do not exceed a twenty percent (20 %) variation from existing regulations; 3. Reduction of other than ADA required accessible parking by two (2) spaces; but TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 126 • a. Not to exceed ten percent (10 %) of the total parking requirement; and b. Not to be used in combination with any other variance or exception or development standard modification to the parking requirements; and c. Not to be used to reduce the number of spaces required when new buildings or new parking areas are being constructed. 4. Any other Minor Exception authorized by the City of Rosemead Municipal Code pursuant to these provisions. 5. The Community Development Director may, in his or her discretion, refer to the Planning Commission any application for a Minor Exception for the decision of the Planning Commission without further fee to the applicant. 6. All acts performed pursuant to the provisions of this chapter shall be construed as administrative acts performed for the purpose of assuring that the intent and purposes of this chapter shall apply in special cases and shall not be construed as amendments to the provisions of this Title or to the map adopted by the provisions of this Title. 17.142.030 Application and fees. A. Form. Applications for a Minor Exception shall be made in writing to the Community Development Department in such form as approved by the Department. The City shall develop an • Application Checklist, which shall specify all information required to be provided by the applicant in order for such application to be considered complete. Applications filed pursuant to the provisions of this section shall be numbered consecutively in the order of their filing, and copies of all notices and actions pertaining to the application shall be attached thereto. • B. Supplementary information. Applications for a Minor Exception shall be accompanied by the following: 1. A reference to the provisions of this chapter from which such property is sought to be excepted; and 2. Written consent to the Minor Exception from all property owners abutting the property, or a statement indicating which property owners refused to provide such consent and the reasons therefore if known. Written consent from all property owners shall only be a factor to be considered and does not divest the Community Development Director, the Planning Commission, or the City Council of the discretion to deny a Minor Exception application. 3. Fees. A fee shall be paid to the City upon the filing of each application for the purpose of defraying the expenditures incidental to the proceedings set forth in this subchapter in an amount established by the City Council, from time to time, by resolution. TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 127 • 17.142.040 Hearing and notice. If the applicant has been unable to obtain the consent of all property owners as specified in Section 17.142.030.B.2 above, the Community Development Director shall hold a hearing on the application. Such hearing shall be held not less than ten (10) days nor more than forty (40) days after submittal of a complete application. Not less than ten (10) days before the date of such hearing, notice shall be given by mailing, postage prepaid, to the owners of all property abutting the exterior boundaries of the subject property. 17.142.050 Investigation of application. The Community Development Director shall cause to be made such investigations of the facts bearing upon such applications as will serve to provide all the necessary information to assure that the action on each such application is consistent with the intent of the provisions of this subchapter and with previous amendments, variances, and Minor Exceptions. 17.142.060 Appeals from decision of Community Development Director. Appeals from decisions of the Community Development Director shall be made in writing directly to the Planning Commission in accordance with the provisions set forth in Chapter 17.260 (Appeals). 17.142.070 Decision on minor exception to be final prior to issuance of permit. No permit or license shall be issued for any use or construction involved in an application for a Minor Exception until the decision on such application shall have become final by reason of the expiration of the time to make an appeal. 1101 17.142.080 Voiding of minor exception. If for a period of six (6) months any use or construction authorized by any Minor Exception is, or has been, unused, abandoned, or discontinued, or the conditions have not been complied with, such Minor Exception shall become null and void and of no effect. E 17.142.090 Extension of time. An extension of time for any Minor Exception maybe granted by the Community Development Director upon the written request of an interested person filed with the Community Development Department prior to the expiration of a six (6) months period. Such request shall set forth the reasons, supported by factual data of why the minor variance has been unused, abandoned, or discontinued, or the conditions not complied with. No extension of time for any Minor Exception shall be granted unless the Community Development Director finds the facts to be substantially as set forth and to constitute justifiable cause for such extension. If the original Minor Variance was granted after an appeal to the Planning Commission, then the Planning Commission shall consider the request for an 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. TITLE 17 -ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 128 • Chapter 17.144 REASONABLE ACCOMMODATIONS Sections: 17.144.010 Purpose. 17.144.020 Applicability. 17.144.030 Administration. 17.144.040 Review and determination. 17.144.050 Required findings. 17.144.060 Conditions of approval. 17.144.070 Appeals. 17.144.010 Purpose. These regulations are intended to provide a formal procedure for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the "Acts ") to request reasonable accommodation in the application of the city's land use regulations and to establish relevant criteria to be used when considering such requests. A. This Chapter is intended to apply to those persons who are defined as disabled under the Acts. • B. This Chapter is intended to provide for minor structural modifications and /or regulatory exceptions. Nothing in these sections shall be interpreted to require the City to waiver or reduce development or building fees associated with the granting of a reasonable accommodation request. 17.144.020 Applicability. A request for reasonable accommodations may be made by any person with a disability, their representative, or any entity, when the application of a zoning law or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities. 17.144.030 Administration. A. Requesting reasonable accommodation. A disabled person (or his or her representative) who requests a reasonable accommodation in the form of a modification in the application of a zoning requirement or prohibition that might otherwise act as a barrier to fair housing opportunities due to the disability of the applicant may do so by submitting a letter to the Community Development Director and paying any fees. The letter shall contain the following information: 1. The applicant's name, address, telephone number, and e-mail address; 2. Address of the property for which the request is being made; 3. The current actual use of the property; . 4. The basis for the claim that the individual is considered disabled under the Acts; TITLE 17 -ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES j 29 • 5. The zoning code provision, regulation, or policy from which reasonable accommodation is being requested; 6. Why the reasonable accommodation is necessary to make the specific property accessible to the individual. B. If an individual needs assistance in making the request for reasonable accommodation, the Community Development Director will make every effort to provide the assistance necessary to ensure that the process is accessible to the applicant. C. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including, but not limited to, a conditional use permit, design review, general plan amendment, zoning change, annexation, and the like), then the applicant shall file the information required by this section together for concurrent review with the application for discretionary approval. 17.144.040 Review and determination. A. The Community Development Director shall have the authority to consider and act on requests for reasonable accommodation. The Community Development Director may approve, conditionally approve, or deny a request. Approvals are subject to the applicant agreeing to comply with all other applicable zoning or building regulations. The determination shall be made in writing. The determination shall be based on the ability to make the required findings as set forth below. B. Rather than act on a request for reasonable accommodation, the Community Development • Director may refer the application to the Planning Commission for consideration. The Planning Commission may approve, conditionally approve, or deny a request. Approvals are subject to the applicant agreeing to comply with all other applicable zoning or building regulations. If the matter is referred to the Planning Commission, notice for a public hearing shall be given as required by Chapter 17.156 (Public Hearings and Administrative Review). The determination shall be based on the ability to make the required findings as set forth below. C. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review. The determination shall be based on the ability to make the required findings as set forth below. 17.144.050 Required findings. The following findings must be analyzed, made and adopted before any action is taken to approve, conditionally approve or deny a request for reasonable accommodation, and must be incorporated into the record of the proceeding relating to approval, conditional approval or denial: A. The housing, which is the subject of the request, will be used by a person with a disability as • defined under the Acts; TITLE 17 - ZONING ARTICLE 6 - DEVELOPMENT APPLICATION PROCEDURES 130 • B. The request for reasonable accommodation is necessary to make specific housing available to a person with a disability as defined under the Acts; C. The requested reasonable accommodation would not impose an undue financial or administrative burden on the City; D. The reasonable accommodation would not require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning; E. The impact on surrounding uses does not negatively impact the public health, safety, and welfare; F. The physical attributes of and any proposed changes to the subject property and structures are necessary and appropriate; G. There are no alternative reasonable accommodations which may provide an equivalent level of benefit and greater adherence to the Code; H. The reasonable accommodation would not result in a concentration of uses not otherwise allowed in a residential neighborhood, to the detriment of the residential character of that neighborhood. 17.144.060 Conditions of approval. A. In granting a request for reasonable accommodation, the reviewing authority may impose • any conditions of or for approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by Section 17.144.040. B. Conditions may be imposed to ensure that any removable structures or physical design features that are constructed or installed in association with the reasonable accommodation be removed once those structures or physical design features are unnecessary to provide access to the dwelling unit for the current occupants. 11 C. Any approval or conditional approval of an application under Chapter may be conditioned to provide for its rescission or automatic expiration under appropriate circumstances. 17.144.070 Appeals. The decision of the Community Development Director or the Planning Commission may be appealed as set forth in Chapter 17.160 (Appeals). TITLE 17 - ZONING ARTICLE 6 - DEVELOPMENT APPLICATION PROCEDURES 131 • Chapter 17.148 DEVELOPMENT AGREEMENTS Sections: 17.148.010 Purpose. 17.148.020 Applicability. 17.148.030 Application filing and processing. 17.148.040 Findings and decision authority. 17.148.050 Content of development agreement. 17.148.060 Execution and recordation. 17.148.070 Periodic review. 17.148.080 Amendment or cancellation of development agreement. 17.148.010 Purpose. In order to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic cost of development, the Legislature of the State of California adopted Section 65864 et. seq. of the Government Code, authorizing local governments to enter into Development Agreements with applicants for development projects. The objective of such an agreement is to provide assurances that, upon approval of the project, the applicant may proceed with the project in accord with existing policies, rules, and standards, subject to the conditions of approval, thus vesting certain development rights in the property. The purpose of this chapter is to establish procedures and requirements for consideration of Development Agreements by the City consistent with state law. • 17.148.020 Applicability. The City may enter into a Development Agreement with any person having a legal or equitable interest in real property for the development of the property as provided in this Title. The City shall, upon request of an applicant, by resolution or ordinance, establish procedures and requirements for the consideration of Development Agreements upon application by, or on behalf of, the property owner or other person having a legal or equitable interest in the property. 17.148.030 Application, filing, and processing. A. City staff shall not begin to negotiate with the applicant until the City Council has so authorized staff, following completion of the pre - application process as set forth below. B. The Planning Division shall review the proposal, consult with all City departments, obtain such additional information from the applicant as may be deemed necessary by the City Manager, and shall, within forty -five (45) days of receipt of the proposal, prepare a staff report containing the Departments recommendation to the City Council. C. The recommendation shall consist of the following: A statement of potential public benefits for the City if the agreement were entered into, as identified by the Community Development Director; 2. A recommendation whether the City should negotiate further with the applicant, with supporting arguments; TITLE 17 -ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 132 • 3. A statement of issues for further research and investigation, and issues which should be addressed in the Development Agreement; and 4. A statement of those documents, applications and other items required by the Community Development Director in order to further process the application or negotiate with the applicant. D. Upon receipt of the recommendation of the Community Development Director, the report shall be set for a public hearing before the City Council at its next regularly scheduled meeting. The City Council shall consider at the hearing whether to authorize City staff to negotiate with the applicant concerning the Development Agreement. The public hearings shall be held pursuant to Chapter 17.156 (Public Hearings and Administrative Review), which is in accordance with Section 65090 and 65091 of the Government Code. E. Upon the close of the hearing, the City Council shall either: Direct City staff, by written resolution, to begin negotiating with the applicant, and to prepare a proposed Development Agreement for Planning Commission review; or 2. Determine that no further negotiations are desirable and so state in a written resolution, including the reasons for such a determination, and reject the application. F. The Planning Division shall, at the applicants expense and in accord with City procedures for implementation of CEQA, undertake environmental review and, upon completion of such • review, transmit the application, together with the recommendations thereon, to the Planning Commission. 17.148.040 Findings and decision authority. A Development Agreement is a legislative act that shall be approved by ordinance and is subject to referendum. A. Planning Commission. Upon receipt of an application, the results of the environmental review, and the recommendations of the staff, the Planning Commission shall schedule a public hearing pursuant to Chapter 17.156 (Public Hearings and Administrative Review). The Planning Commission hearing shall be scheduled for six (6) months following City Council authorization to staff to negotiate with the applicant, unless the City and the applicant mutually agree to a later date. 2. Notice of intention to consider the application shall be given as provided in Sections 65090 and 65091 of the Government Code. In addition, if the application is being processed together with the development project, notice of such intention shall be given as required for consideration of the development project. 3. After the public hearing is closed, the Planning Commission shall determine whether the agreement is consistent with the General Plan, shall recommend either approval, modification, or disapproval of the proposed Development Agreement. TITLE 17 - ZONING ARTICLE 6 - DEVELOPMENT APPLICATION PROCEDURES 133 • B. City Council. 1. Upon receipt of the application, the results of the environmental review, and the recommendations of the Department and the Planning Commission, the City Council shall schedule a public hearing on the application pursuant to Chapter 17.156 (Public Hearings and Administrative Review). 2. If the application is being processed together with the development project, the public hearing on the application may be held concurrently with the hearing on the project. C. All of the following findings shall be made by the City Council in conjunction with the approval of a Development Agreement: 1. The agreement is consistent with the General Plan and with any Specific Plan. 2. The agreement is consistent with the provisions of this Zoning Code. 3. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. 4. That the City Council has considered the fiscal effect of the Development Agreement on the City and the effects on the housing needs of the region in which the City is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources. • 5. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. • 6. That the agreement will not be detrimental to the health, safety and general welfare; and will not adversely affect the orderly development of property. 17.148.050 Content of development agreement. The Development Agreement shall contain the following: A. A legal description of the property sought to be covered by the agreement; B. A statement of concurrence in the application by the owner if the applicant is not the fee owner; C. A description of the proposed uses, height and size of building(s), density or intensity of use, and provision for reservation or dedication of land for public purposes; D. .A statement of terms and conditions relating to applicant financing of public facilities and required improvements; E. All proposed conditions, terms, requirements for subsequent City discretionary actions; TITLE 17 -ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 134 • F. A statement specifying which rights are intended to vest on the effective date of the agreement, and the timing and sequence of subsequent discretionary approvals and vesting of rights; G. The proposed time when construction would be commenced and completed for the entire project and any proposed phases; H. The termination date for the agreement; A map showing the location and street address of the property that is the subject of the amendment and of all lots of record within three hundred (300) feet of the boundaries of the property; J. A list, drawn from the last equalized property tax assessment roll, showing the names and addresses of the owner of record of each lot within three hundred (300) feet of the boundaries of the property; K. A statement documenting that the project is consistent with the General Plan and all applicable specific plans; and L. Such other information as the Community Development Director may require by policy or to satisfy other requirements of law. 17.148.060 Execution and recordation. • Any approval of a proposed agreement shall authorize the Mayor and the City Administrator to sign the agreement on behalf of the City, and shall become effective after thirty (30) days following the second reading, unless a referendum is filed within that time. • 17.148.070 Periodic review. A. All Development Agreements shall be reviewed by the Community Development Director at least once every twelve (12) months, unless the agreement provides for more frequent review, in which case the agreement shall prevail. B. The purpose of the review shall be to inquire into the good faith compliance of the applicant with the terms and conditions of the agreement and for any other purpose specified in the agreement. Upon a finding by the Community Development Director that substantial compliance. has not been achieved, the matter shall be referred for review by the City Council. C. Any modification or termination is subject to the provisions of Section 17.148.080, below 17.148.080 Amendment or cancellation of development agreement Any Development Agreement may be amended, or canceled in whole or in part, by mutual consent of the applicant (or its successor in interest) and the City, or it may be modified or terminated pursuant to the provisions of Section 17.148.070, above. Any significant amendment shall be subject to the provisions of the Government Code, Section 65867.5. Any Development Agreement that is amended or modified shall be subject to those rules, standards, and official policies in force at the time of the execution of the agreement. TITLE 17 -ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 135 • Chapter 17.150 SPECIFIC PLANS Sections: 17.150.010 Purpose. 17.150.020 Applicability. 17.150.030 Required specific plan contents. 17.150.040 Initiation. 17.150.050 Authority for adoption. 17.150.060 Adoption procedure. 17.150.070 Fees and charges. 17.150.010 Purpose. The purpose of this Chapter is to provide regulations for review of development in those areas of the City for which a Specific Plan has been adopted pursuant to Government Code Section 65450 and Government Code Section 65453. 17.150.020 Applicability. A. This Chapter shall apply to all lands which have been zoned "SP" and for which a specific plan has been adopted in accord with the provisions of that specific plan. B. Where the provisions of this Title and the provisions of the adopted specific plan differ, the provisions of the specific plan shall prevail. • C. Where the provisions of this Title and the provisions of a development agreement adopted to implement a specific plan differ, the provisions of the development agreement shall prevail. D. Any regulation, standards, or procedure of this Title that is not addressed by the specific plan's regulations, standards, or procedures, shall be applicable to the area governed by the specific plan. 17.150.030 Required specific plan contents. A. State law specifies the mandatory specific plan contents pursuant to §65451. Each Specific Plan shall list the land uses that may be allowed within the zoning districts established by the Specific Plan, determine the type of land use permit/approval required for each use, and provide standards for site layout and building size. B. Development standards. Uses shall conform to the development standards, conditions and any special restrictions contained in the adopted specific plan and any amendments thereto; provided, however, that if the specific plan lacks one or more standards, the applicable standards from the zoning classification which most closely fits the land use assigned to the site shall be utilized. C. The zone shall be applied only upon a finding that the specific plan of land use contains definitive development standards and requirements relating to land use, density, lot size and • shape, siting of buildings, setbacks, circulation, drainage, landscaping, architecture, water, TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 136 • is sewer, public facilities, grading, maintenance, open space, parking, and other.elements deemed necessary for the proper development of the property. 17.150.040 Initiation. Adoption of, or amendment to, a specific plan relating to land use may be initiated by the City or by submittal of a Master Plan. When initiated by a master plan, the person shall file a petition with the City and pay a filing fee as required in Chapter 17.120 of this Title. 17.150.050 Authority for adoption. Planning and Zoning Law, Title 7 of the Government Code of the State of California, provides for the preparation and adoption of specific plans to effectuate the General Plan. 17.150.060 Adoption procedure. The adoption of, or amendments to, specific plans shall be adopted pursuant to Chapter 17.156 (Public Hearings and Administrative Review). 17.150.070 Fees and charges. The City Council shall adopt fees by resolution which defray, but do not exceed, the cost of preparation, adoption and administration of the specific plan. TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 137 0 0 2 0 • ARTICLE 6 ADMINISTRATION AND ENFORCEMENT Chapter 17.152 GENERAL PLAN, ZONING MAP AND ZONING CODE AMENDMENTS Sections: 17.152.010 Purpose. 17.152.020 Initiation of changes and amendments. 17.152.030 Processing, notice, and hearings. 17.152.040 Planning Commission action. 17.152.050 Council action. 17.152.060 Findings. 17.152.070 Effective dates. 17.152.010 Purpose. A. General Plan. The purpose of the comprehensive General Plan is to express the City's development goals, embody public policies and programs relative to the distribution of future land uses. The provisions of this Section shall be fully consistent and in full compliance with Section 65350 et seq of the State Government Code and all provisions shall be so construed. • B. Zoning Map and Zoning Code. The purpose of this Chapter is to provide the procedures for the amendment of the Zoning Map and Zoning Code in conformance with the comprehensive General Plan. Zoning implements the General Plan; it separates a community into districts, or "zones" that regulate land uses and the intensity of development. The provisions of this Chapter shall be fully consistent and in full compliance with Section 65853 et seq of the State Government Code and all provisions shall be so considered. • 17.152.020 Initiation of changes and amendments. Adoption of, or amendment to the City's General Plan, Zoning Map and Zoning Code, including changes to the text or any map or diagram may be initiated by the Planning Commission or the City Council, whenever the public necessity, convenience, general welfare or good zoning practice justifies such action. The Planning Commission or City Council may initiate upon its own motion, or upon the verified application of the owner of property in the City or the owner's agent (with notarized authorization from the owner) on said owner's property, or of a public or private agency that is or will be a plaintiff in eminent domain with respect to property affected by such zoning or regulation. 17.152.030 Processing, notice, and hearings. A. Application filing and processing. 1. If initiated by the filing of an amendment application, the application shall be processed in compliance with Chapter 17.120 (Applications and Processing). TITLE 17 - ZONING ARTICLE 6 - ADMINISTRATION AND ENFORCEMENT 1 1191 2. The application shall include the information and materials specified in the Department handout for amendment applications, together with the required fee in compliance with the Planning Fee Schedule. 3. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17. 152. 060 (Findings), below. B. Timing of General Plan Amendments. The mandatory elements of the General Plan may be amended up to four (4) times in a single calendar year, as authorized by and subject to the provisions of Government Code Section 65358. C. Public hearings required. The Planning Commission and Council shall each conduct one (1) or more public hearings regarding the amendment. D. Notice and hearing. Notice of the public hearings shall be provided and the hearings shall be conducted in compliance with Chapter 17. 156 (Public Hearings and Administrative Review) and as specified in Government Code Sections 65353, 65355, 65854, and 65856. 17.152.040 Planning Commission's action. A. Recommendation to Council. • 1. All amendments. After the public hearing, the Planning Commission shall forward a written recommendation, and reasons for the recommendation, to the City Council whether to approve, approve in modified form, or deny the proposed amendment, based on the findings identified in Section 17. 152. 060 (Findings), below. 2. Recommendation for approval of Zoning Code or Zoning Map Amendments. A recommendation for approval or approval in modified form of a Zoning Code or Zoning Map amendment shall require only a majority vote. 3. Recommendation for approval of General Plan Amendments. A recommendation for approval or approval in modified form of a General Plan Amendment shall require the affirmative vote of not less than a majority of the total voting members in compliance with Government Code Section 65354. B. Denial by Planning Commission. 1. A recommendation against the proposed amendment shall require only a majority vote. 2. The action of the Planning Commission to deny an amendment shall be final and conclusive unless, within ten (10) days following the date of the Planning Commission's action, an appeal is filed with the City Clerk in compliance with Chapter 17. 160 (Appeals) and as specified in Government Code Sections 65354. 5 and 65856. 17.152.050 Council's action. • A. Approval. TITLE 17 - ZONING ARTICLE 6 - ADMINISTRATION AND ENFORCEMENT 2 • 1. All amendments. Upon receipt of the Planning Commission's recommendation to approve, or approve in modified form, the proposed amendment, the City Council shall conduct a public hearing and either approve, approve in modified form, or deny the proposed amendment based on the findings identified in Section 17. 152. 060 (Findings), below. 2. Approval of Zoning Code or Zoning Map Amendments. The action by the Council to approve the Planning Commission's recommendation regarding a Zoning Code or Zoning Map Amendment shall be by a majority vote of the members present, adopted by ordinance, and shall be final and conclusive. 3. Approval of General Plan Amendments. The action by the Council to approve the Planning Commission's recommendation regarding a General Plan amendment shall require the affirmative vote of not less than a majority of the total voting members in compliance with Government Code Section 65356, adopted by resolution, and shall be final and conclusive. B. Referral to Planning Commission. If the Council proposes to adopt a substantial modification(s) to the amendment not previously considered by the Planning Commission, the proposed modification shall be first referred to the Planning Commission for its recommendation, in compliance with Government Code Sections 65356 and 65857. • 2. Failure of the Planning Commission to report back to the Council within the time limits identified in Govemment Code Sections 65356 and 65857 following the referral shall be deemed approval by the Planning Commission of the proposed modification(s). 17.152.060 Findings. Amendments to this Zoning Code, the General Plan, or the Official Zoning Map may be approved only if all of the following findings are first made, as applicable to the type of amendment. A. Findings for General Plan amendments. 1. The amendment is internally consistent with all other provisions of the General Plan. 2. The proposed amendment will not be detrimental to the public interest, health, safety, convenience or welfare of the City. 3. The affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and /or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located. • B. Findings required for all Zoning Code and Zoning Map Amendments. TITLE 17 - ZONING ARTICLE 6 - ADMINISTRATION AND ENFORCEMENT 3 • 1. The proposed amendment is consistent with the General Plan and any applicable specific plan; and 2. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. 3. Additional finding for Zoning Code Amendments. The proposed amendment is internally consistent with other applicable provisions of this Zoning Code. 4. Additional finding for Zoning Map Amendments. The affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and /or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located. 17.152.070 Effective dates. A. General Plan. A General Plan amendment shall become effective immediately upon the adoption of a resolution by the City Council. B. Zoning Code and Zoning Map. • A Zoning Code or Zoning Map amendment shall become effective on the 30" day following the adoption of an ordinance by the City Council. • TITLE 17 - ZONING ARTICLE 6 - ADMINISTRATION AND ENFORCEMENT 4 0 Chapter 17.156 PUBLIC HEARINGS AND ADMINISTRATIVE REVIEW Sections: 17.156.010 Purpose. 17.156.020 Notice of public hearings and administrative review. 17.156.030 Scheduling of hearing. 17.156.040 Hearing procedure. 17.156.050 Decision and notice. 17.156.010 Purpose This Chapter provides procedures for public hearings required by this Zoning Code. When a public hearing is required, advance notice of the hearing shall be given, and the hearing shall be conducted, in compliance with this Chapter. 17.156.020 Notice of public hearings and administrative review. When this Zoning Code requires a noticed public hearing before a decision on a permit or for another matter, the public shall be provided notice of the hearing in compliance with Government Code Sections 65090, 65091, 65094 and 66451.3, and Public Resources Code 21000 et seq. , and as required by this Chapter. • A. Content of notice. Notice of a public hearing shall include all of the following information, as applicable. Hearing information. The date, time, and place of the hearing and the name of the review authority; a brief description of the City's general procedure concerning the conduct of hearings and decisions (e.g., the public's right to appear and be heard); and the phone number and street address of the Department where an interested person could call or visit to obtain additional information. 2. Project information. The date of filing of the application and the name of the applicant; the City's file number assigned to the application; a general explanation of the matter to be considered; and a general description, in text and /or by diagram, of the location of the property that is the subject of the hearing. 3. Statement on environmental document. If a proposed Negative Declaration, Mitigated Negative Declaration, or final Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines, the hearing notice shall include a statement that the review authority will also consider approval of the proposed Negative Declaration or Mitigated Negative Declaration, or certification of the final Environmental Impact Report, as applicable. B. Method of notice distribution. Notice of a public hearing required by this Chapter for a planning permit, amendment, appeal, or other approval shall be given as follows, as required by Government Code Sections 65090 and 65091. TITLE 17 - ZONING ARTICLE 6 - ADMINISTRATION AND ENFORCEMENT 5 • 1. Mailing. Notice shall be mailed or delivered at least ten (10) days before the scheduled hearing to the following: a. Project site owner(s) and the applicant. The owner(s) of the property being considered in the application or the owner's authorized agent, and the applicant. b. Local agencies. Each local agency expected to provide roads, schools, sewage, streets, water, or other essential facilities or services to the property which is the subject of the application, whose ability to provide those facilities and services may be significantly affected. c. Affected owners. All owners of real property, as shown on the latest adopted tax roll of the County, located within a radius of three hundred (300) feet of the exterior boundaries of the parcel that is the subject of the hearing. d. Persons requesting notice. Any person who has filed a written request for notice with the Community Development Director and has paid the required fee for the notice. e. Other person(s). Any other person(s), whose property might, in the judgment of the Community Development Director, be affected by the proposed project. 2. Alternative to mailing. If the number of property owners to whom notice would be mailed in compliance with Subparagraph B.1., above is more than one thousand (1,000), the • Community Development Director may choose to provide the alternative notice allowed by Government Code Section 65091(a)(4). 3. Publication and posting. a. Publication. Notice shall be published at least once in a newspaper of general circulation in the City at least ten (10) days before the scheduled hearing. b. Posting. Notice shall be posted at least ten (10) days before the scheduled hearing in at least three (3) public places within the City, including one (1) public place in the area affected by the proceeding. c. Additional notice. In addition to the types of notice required above, the Community Development Director may provide any additional notice with content or using a distribution method (e.g., posting on the City's website, on -site sign) as the Community Development Director determines is necessary or desirable. 17.156.030 Scheduling of hearing. After the completion of the appropriate environmental document required by the California Environmental Quality Act (CEQA) and a Department Staff report, a matter requiring a public hearing shall be scheduled on the next available agenda (Community Development Director, Planning Commission, or Council, as applicable) reserved for public hearings, but no sooner than any minimum time period established by State law. • t 17.156.040 Hearing procedure. A. Time and place of hearing. TITLE 17 - ZONING ARTICLE 6 - ADMINISTRATION AND ENFORCEMENT 6 0 • L� A hearing shall be held at the date, time, and place for which notice was given. B. Continued hearing. Any hearing may be continued from time to time without further notice; provided, the chair of the hearing body announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing. C. Deferral of final decision. The review authority may announce a tentative decision, and defer their action on a final decision until appropriate findings and /or conditions have been prepared. 17.156.050 Decision and notice. A. Decision. The review authority may announce and record its decision on the matter being considered at the conclusion of a scheduled hearing, or defer action and continue the matter to a later meeting agenda in compliance with Section 17. 156. 040 (Hearing Procedure), above. 2. At the conclusion of a hearing conducted Community Development Director may Commission for review and final decision. by the Community Development Director, the instead refer the matter to the Planning 3. The decision of the City Council on any matter shall be final and conclusive. B. Notice of decision. 1. Provision of notice. Following the final decision on an application for a permit or other approval required by this Zoning Code, the City shall provide notice of its final action to the applicant, property owner /owner's representative, and to any person who specifically requested notice of the City's final action. 2. Contents of notice. The notice of the final decision shall contain applicable findings, conditions of approval, reporting /monitoring requirements deemed necessary to mitigate any impacts and protect the public convenience, health, interest, safety, or general welfare of the City, and the procedure for appeal. TITLE 17 -ZONING ARTICLE 6 - ADMINISTRATION AND ENFORCEMENT 7 • Chapter 17.160 APPEALS AND REQUESTS FOR REVIEW Sections: 17.160.010 Purpose. 17.160.020 Council review. 17.160.030 Planning Commission review. 17.160.040 Appeals of decisions. 17.160.050 Filing and processing of appeals. 17.160.060 Request for review. 17.160.010 Purpose. The purpose of an appeal is to establish procedures for the initiation of a request for review of a decision rendered by the approval body with decision authority on the issue in question. 17.160.020 Council review. Any discretionary action by the Planning Commission may be appealed to the City Council in compliance with the provisions of this Section. 17.160.030 Planning Commission review. Any discretionary action by the Community Development Director may be appealed to the Planning Commission in compliance with the provisions of this Section. • 17.160.040 Appeals of decisions. A. Decisions, either with or without conditions, of an application before the Community Development Director shall be final unless within ten (10) days after the decision by the Community Development Director, the applicant, any member of the Planning Commission or City Council, or any other person aggrieved by such decision, shall appeal in writing to the Planning Commission by filing an appeal with the Community Development Department, B. Decisions, either with or without conditions, of an application before the Planning Commission shall be final unless within ten (10) days after the decision by the Planning Commission, the applicant, any member of the City Council or any other person aggrieved by such decision, shall appeal in writing to the City Council by filing an appeal with the City Clerk. 17.160.050 Filing and processing of appeals. A. Required documents. An appeal shall be in writing and contain the grounds for the appeal, how the approval body failed to conform to the requirements of this Title and the description of the grounds. B. Scope of planning permit appeals. An appeal of a decision on a planning permit shall be limited to the issues raised at the public hearing, or in writing before the hearing, or information that was not known at the time of the decision that is being appealed. C. The appeal shall be accompanied by a fee in the amount set by City Council resolution, • except in the case of an appeal filed by a member of the Planning Commission or City Council. TITLE 17 - ZONING ARTICLE 6- ADMINISTRATION AND ENFORCEMENT 8 • D. Report and scheduling of hearing. Public hearing requirements. If the original approving action did not require a public hearing, the appeal review shall not require a public hearing. If the original approving action required a public hearing, the appeal review shall also require a public hearing. 2. When an appeal has been filed, a report shall be prepared on the matter, including all of the application materials in question, and the matter shall be scheduled for a public hearing by the appropriate review authority within forty (40) days of filing of the appeal. 3. Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 17. 156 (Public Hearings and Administrative Review). 4. Any interested party may appear and be heard regarding the appeal. E. Decision. 1. During the appeal hearing, the issues that may be raised and considered by the review authority are not limited to those raised by the appellant, and may include any aspect of the proposed project, whether or not originally considered as part of the decision being appealed. The review authority may: a. Affirm, affirm in part, or reverse the action, determination, or decision that is the • subject of the appeal, based upon findings of fact about the particular case. The findings shall identify the reasons for the action on the appeal, and verify the compliance or noncompliance of the subject of the appeal with this Zoning Code. b. Adopt additional conditions of approval, which may address the issues or concerns other than the subject of the appeal. 2. If new or different evidence is presented on appeal, the Planning Commission or Council may refer the matter to the Community Development Director or Planning Commission, as applicable, for further consideration. 3. In the event of a tie vote by the review authority on an appeal, the decision being appealed shall stand. 4. Provision of notice of decision. a. Following the final decision on an application for a permit or other approval required by this Zoning Code, the City shall provide notice of its final decision to the appellant, applicant, property owner /owner's representative, and to any person who specifically requested notice of the City's final action. b. The notice of the final decision shall contain applicable findings, conditions of approval, and the reporting /monitoring requirements deemed necessary to mitigate any impacts and protect the public convenience, health, interest, safety, or general welfare of the City. • TITLE 17 - ZONING ARTICLE 6- ADMINISTRATION AND ENFORCEMENT 9 • 17.160.080 Request for Review. Any City Council person, based on his/her responsibility to the electorate, may file with the City Clerk a 'Request for Review" (RFR) of any decision made by the Planning Commission. A. Such RFR shall be filed within ten (10) days of the decision by the Planning Commission, as a no fee filing, together with a statement that such RFR is not indicating support for or opposition to such decision, but is filed because the filer believes that such decision involves a matter of such interest, import, precedent or significance that such decision should as a matter of policy and planning be made by elected officials. B. Upon the timely filing of an RFR, the decision of the Planning Commission shall be suspended until the RFR is determined by the City Council; and the City Clerk shall immediately: 1) notify the Council, Planning Commission, applicant and all who appeared at the Planning Commission meetings with regard thereto; and 2) set the matter for hearing before the City Council for final determination. C. Except as set forth in this section, the procedures of an RFR shall be the same as those for an appeal, as indicated in this Chapter. TITLE 17 - ZONING ARTICLE 6 - ADMINISTRATION AND ENFORCEMENT 10 0 Chapter 17.164 ENFORCEMENT Sections: 17.164.010 Purpose. 17.164.020 Permits and approvals. 17.164.030 Enforcement responsibility. 17.164.040 Inspections. 17.164.060 Violations. 17.164.060 Initial enforcement action. 17.164.070 Legal remedies. 17.164.080 Remedies are cumulative. 17.164.090 Enforcement of title provisions. 17.164.010 Purpose. This Chapter establishes provisions that are intended to ensure compliance with the requirements of this Zoning Code and any conditions of planning permit approval, to promote the City's planning efforts, and for the protection of the public health, safety, and welfare of the City. 17.164.020 Permits and approvals. All departments, officials, and public employees of the City who are assigned the authority or duty to issue certificates, licenses, or permits shall comply with the provisions of this Zoning • Code. A. Permits which are in conflict with this zoning code. Certificates, licenses, or permits for uses or structures that would be in conflict with the provisions of this Zoning Code shall not be issued. B. Permits deemed void. Any certificate, license, or permit issued in conflict with the provisions of this Zoning Code shall be void and of no effect. 17.164.030 Enforcement responsibility. It shall be the duty of the City Manager, or any person, department or agency designated by him to enforce the provisions of this title. 19.164.040 Inspections. Authorized to enter defined areas. For the purpose of necessary investigations and inspections, the City Manager or any person, department or agency designated by him to enforce the provisions are hereby authorized to enter upon the following defined areas of private property within the City: A. Any area which is open to the public generally; B. Any area which is visible and accessible from the public street and which is not fenced or • locked or otherwise physically arranged in a manner as to evidence an intent to prohibit entry; TITLE 17 - ZONING ARTICLE 6 - ADMINISTRATION AND ENFORCEMENT 11 C. Any area which is used as common area by persons residing or staying in structures located upon the property, unless the area is fenced or locked or otherwise physically arranged in a manner as to evidence an intent to prohibit entry; and D. Any area where the privacy of an individual would not be violated by entry. Any person who interferes or refuses with the right of entry granted by this Section shall be guilty of a misdemeanor. 17.164.050 Violations. A. Any use of land or structures operated or maintained contrary to the provisions of this Zoning Code and any structure constructed or maintained contrary to the provisions of this Zoning Code are hereby declared to be a violation of this Zoning Code and a public nuisance. B. The violation of any required condition imposed on a permit or approval shall constitute a violation of this Zoning Code and may constitute grounds for revocation or modification of the permit in compliance with Chapter 17. 168 (Revocations and Modifications). 17.164.060 Initial enforcement action. This Section describes the procedures for initiating enforcement action in cases where the City Manager or any person, department or agency designated by him to enforce the provisions has determined that real property within the City is being used, maintained, or allowed to exist in violation of the provisions of this Zoning Code. It is the objective of these provisions to • encourage the voluntary cooperation of responsible parties in the prompt correction of violations, so that the other enforcement measures provided by Chapter 1.16 (General Penalty), Chapter 1.20 (Administrative Citations), and this Chapter may be avoided. • A. Notice to responsible parties. The City Manager or any person, department or agency designated by him to enforce the provisions shall provide the record owner of the subject site and any person in possession or control of the site with a written Notice of Violation, which shall include the following information: 1. A description of each violation and citations of applicable Zoning Code provisions being violated; 2. A time limit for correcting the violation(s) in compliance with Subsection B. , below; 3. A statement that the City intends to issue an administrative citation in accordance with Chapter 1. 20 (Administrative Citations) or enforce penalties outlined in Chapter 1. 16 (General Penalty), if violation(s) are not corrected within the time limit permitted; and B. Time limit for correction. 1. The Notice of Violation shall state that the violation(s) shall be corrected within fourteen (14) days from the date of the notice to avoid further enforcement action by the City, unless the responsible party contacts the City Official who originally issued the Notice of Violation within that time to arrange for a longer period for correction. TITLE 17 - ZONING ARTICLE 6 - ADMINISTRATION AND ENFORCEMENT 12 2. The 14 -day time limit may be extended by the City Official upon a showing of good cause. 3. The City Manager or any person, department or agency designated by him to enforce the provisions may also require through the Notice of Violation that the correction shall occur within less than fourteen (14) days if the Code Enforcement Officer determines that the violation(s) constitutes a hazard to public health or safety. 17.164.070 Legal remedies. The City may choose to undertake any one or all of the following legal actions to correct and /or abate any nuisances or violation(s) of this Zoning Code. A. Injunction. The City Attorney, upon order of the Council, may apply to the Superior Court for injunctive relief to terminate a violation(s) of this Zoning Code. B. Abatement proceedings. Where any person fails to abate a violation(s) after being provided a Notice of Violation in compliance with this Chapter and /or being issued an Administrative Citation in accordance with Chapter 1. 20 (Administrative Citations), the City Attorney, upon order of the Council, shall apply to the Superior Court for an order authorizing the City to undertake actions necessary to abate the violation(s) and require the violator to pay for the cost of the actions. C. Nuisance abatement. The City may pursue any remedies or enforcement action(s), as provided in the Municipal Code for the abatement of a nuisance. • 17.164.080 Remedies are cumulative. • A. Cumulative, not exclusive. All remedies contained in this Zoning Code for the handling of violations or enforcement of the provisions of this Zoning Code shall be cumulative and not exclusive of any other applicable provisions of City, County, or State law. B. Other remedies. Should a person be found guilty and convicted of an infraction or misdemeanor for the violation of any provision(s) of this Zoning Code, or any permit or approval issued in compliance with this Zoning Code, the conviction shall not prevent the City from pursuing any other available remedy to correct the violation(s). 17.164.190 Enforcement of title provisions. It shall be the duty of the City Manager, or any person, department or agency designated by him to enforce the provisions of this title. All departments, officials, public employees and agencies of the City, contractual or otherwise, vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this title and shall issue no permit or license for uses, buildings or purpose in conflict with the provisions of this title; and any such permit or license issued in conflict with the provisions of this title shall be null and void. The provisions of this title shall be interpreted and administered by the Planning Commission whose inspectors or authorized representatives shall have the right to enter upon any premises affected by this title for purposes of inspection. TITLE 17 - ZONING ARTICLE 6 - ADMINISTRATION AND ENFORCEMENT 13 • • Any building or structure erected or maintained, or any use of property, contrary to the provisions of this title shall be and the same is hereby declared to be unlawful and a public nuisance and upon direction by the City Council, the City Attorney shall take such steps, and shall apply to such court as may have jurisdiction to grant such relief as will abate or remove such building, structure or use and restrain and enjoin any person, firm or corporation from erecting or maintaining such building or structure, or using any property contrary to the provisions of this title. This title may also be enforced by injunction issued out of the Superior Court upon the suit of the City or the owner or occupant of any real property affected by such violation or prospective violation. This method of enforcement shall be cumulative and in no way affect the penal provisions thereof. TITLE 17 - ZONING ARTICLE 6 - ADMINISTRATION AND ENFORCEMENT 14 Chapter 17 Sections: 17.168.010 17.168.020 17.168.030 17.168.040 17.168.060 .168 REVOCATIONS AND MODIFICATIONS Purpose. Revocations. Modifications. Findings to modify or revoke. Hearing and notice required. 17.168.010 Purpose. This Chapter provides procedures for securing necessary modification or revocation of previously approved permits or approvals. 17.168.020 Revocations. The City's action to revoke a permit or approval, instead of modification, shall have the effect of terminating the permit or approval and denying the privileges granted by the original approval. 17.168.030 Modifications. The City's action to modify a permit or approval, instead of revocation, may include conditioning any operational aspect of the project, including buffers, duration of the permit or entitlement, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, or any other aspect/condition • determined to be reasonable and necessary to ensure that the permit or approval is operated in a manner consistent with the original findings for approval. 17.168.040 Findings to modify or revoke. A. Permits. • A Conditional Use Permit, Administrative Use Permit, or other City planning permit or approval (except a Variance or Minor Modification, see Subsection B., below) may be modified or revoked by the review authority (e.g. Community Development Director, Planning Commission, or City Council) that originally approved the permit, if the review authority first makes any one of the following findings: a. Circumstances under which the permit or approval was granted have been changed by the applicant to an extent that one or more of the findings that justified the original approval can no longer be made, and the public health, safety, and welfare require the modification or revocation; b. The permit or other approval was granted, in whole or in part, on the basis of a fraud, misrepresentation, or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the permit or approval; c. One or more of the conditions of the original permit or approval have not been substantially fulfilled or have been violated and /or the permit is in violation of any statute, ordinance, law or regulation; TITLE 17 - ZONING ARTICLE 6- ADMINISTRATION AND ENFORCEMENT 15 d. An improvement authorized in compliance with the permit or approval is in violation of any applicable code, law, ordinance, regulation, or statute; or e. The improvementfuse allowed by the permit or approval has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a nuisance. B. Variances and Minor Exceptions. 1. A Variance or Minor Exception may be modified or revoked by the review authority which originally approved the Variance or Minor Exceptions, if the review authority first makes any one of the following findings, in addition to any one of the findings specified in Subsection A, above: a. Circumstances under which the original approval was granted have been changed by the applicant to a degree that one or more of the findings contained in the original approval can no longer be made in a positive manner, and the grantee has not substantially exercised the rights granted by the Variance or Minor Exceptions; or b. One or more of the conditions of the Variance or Minor Exception have not been met, or have been violated. 17.168.050 Hearing and notice required. A. Hearing. 18 1. The appropriate review authority shall hold a public hearing to modify or revoke a permit or approval granted in compliance with the provisions of this Zoning Code. The hearing shall be noticed and conducted in compliance with Chapter 17.156 (Public Hearings and Administrative Review). 2. Ten (10) days before the public hearing, notice shall be mailed or delivered to the applicant for the permit or approval being considered for modification or revocation, and /or owner of the property for which the permit or approval was granted. The only exception to the 10 -day notice provision shall be for Temporary Use Permits which, because of their short term nature, shall only require a 24 -hour notice. B. Mailing of notice. 1. Notice shall be deemed delivered two (2) days after being mailed through the United States Postal Service, postage paid, or by some other method providing for proof of delivery, to the owner as shown on the County's current equalized assessment roll and to the project applicant, if not the owner of the subject property. TITLE 17 - ZONING ARTICLE 6 - ADMINISTRATION AND ENFORCEMENT 16 0 m� v v, m m 0 • r� r1 u Ll 0 TITLE 17 ARTICLE 1 PURPOSE AND APPLICABILITY OF ZONING CODE Chapter 17.04 GENERAL PROVISIONS Sections: 17.04.010 Purpose. 17.04.020 Authority, relationship to general plan. 17.04.030 Applicability of zoning code provisions. 17.04.040 Interpretation of provisions. 17.04.050 Definitions - general. 17.04.010 Purpose. This Title, cited as the Rosemead Zoning Code, Title 17 of the Rosemead Municipal Code, .carries out the policies of the Rosemead General Plan by classifying and regulating uses of land and structures within the City. This Title is adopted to protect and promote the public health, safety, and general welfare of residents and businesses in the City. More specifically, it is the purpose of this Title to: A. Provide standards that will guide orderly growth and development of the City; • B. Preserve and protect the integrity and character of the City's residential neighborhoods; C. Maintain vital areas for business activities that serve the community and protect the quality of life; D. Require thoughtful planning and design that enhances the visual character of the City and avoids conflict between land uses; E. Create a comprehensive and stable pattern of land uses for which public services and infrastructure can be efficiently and adequately planned; and F. Ensure that property within the City is well maintained by requiring each owner, occupant, or other person in charge of any property to keep it in good, repair and in compliance with the provisions of this Title. 17.04.020 Authority, relationship to general plan. A. Authority. This Title is adopted pursuant to Article XI, of the Constitution of the State and in compliance with the requirements of Government Code Title 7, Planning and Zoning Law. B. General Plan consistency. The City's General Plan is the document that establishes the broad goals and policies for all future development. This Title is one of the primary tools used to implement the goals, objectives, and policies of the General Plan. The City Council intends, and • State law requires, that this Title be consistent with the General Plan, and that any use TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 1 . or development approved in compliance with this Title will also be consistent with the General Plan. 17.04.030 Applicability of zoning code provisions. This Title applies to all land uses, structures, and development within the City as follows: A. New land uses or structures. It shall be unlawful and a violation of this Title for any person to establish any land use or construct any structure except in compliance with the requirements of this Title. B. Existing land uses or structures. The requirements of this Title are not retroactive in their effect on land uses or structures, lawfully established before the effective date of this Title or any applicable amendment. Existing land uses or structures are lawful and not in violation of the Rosemead Municipal Code only when operated and maintained in compliance with all applicable provisions of this Title. C. Other permits and requirements. Nothing in this Title eliminates the need for obtaining any other permits required by the City, or any permit approval required by other provisions of the Municipal Code or the laws or regulations of any County, Regional, State, or Federal agency. D. Government projects. The provisions of this Zoning Code shall apply to any County, special district, and State or Federal government or agency to the maximum extent allowed by law. The provisions of this Zoning Code shall not apply to any public project of the City except to the minimum extent required by law. 17.04.040 Interpretation of provisions. A. Authority to interpret. The Community Development Director shall have the responsibility and authority to interpret the requirements and intent of this Title. B. Interpretations Implemented as Policy. The Community Development Director may from time to time establish an interpretation as a matter of policy in order to ensure consistent and fair application of the code. After ascertaining all pertinent facts regarding an interpretation, the Community Development Director shall set forth the findings of the interpretation in writing as provided in subsection B1 and made available to the public together with the zoning code. Unless such finding and interpretation is appealed to the Planning Commission, the Community Development Director's interpretation shall thereafter govern. 1. Procedure for Interpretation. At the written request of any person, or at the Community Development Director's discretion, the Community Development Director may determine the meaning or applicability of any requirement of this Title and may issue an official interpretation. a. Requests for interpretation shall be in writing and specifically state the provision(s) in question and provide any information to assist in the review. b. The Community Development Director's official interpretation shall be recorded in TITLE 17 -ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 2 • writing and shall quote the provision(s) being interpreted, and explain their meaning orapplicability in the particular orgeneral circumstances that caused the need for interpretation. c. The Community Development Director's official interpretations shall be distributed to the City Council, Planning Commission, City Attorney, City Clerk, and all affected staff. d. Any interpretation of this Title by the Community Development Director may be appealed to the Planning Commission, whose decision regarding the interpretation shall be final. The Community Development Director may also refer any interpretation to the Planning Commission for a determination. 2. Allowable Uses of Land. The Community Development Director may determine that a proposed use not listed in Article 2, Chapter 17.03 (Residential Zoning Districts), Chapter 17.04 (Commercial Zoning Districts), Chapter 17.05 (Business and Industrial Zoning Districts), Chapter 17.06 (Special Purpose Zoning Districts), and 17.07 (Overlay Zones) is allowable if the use is substantially similar to a use permitted in Article 2, Chapter 17.03 (Residential Zoning Districts), Chapter 17.04 (Commercial Zoning Districts), Chapter 17.05 (Business and Industrial Zoning Districts), Chapter 17.06 (Special Purpose Zoning Districts), and 17.07 (Overlay Zones) and all of the following findings are made: a. The proposed use will be consistent with the goals, objectives, and policies of the General Plan; • b. The characteristics of, and activities associated with, the proposed use are equivalent to those of one or more of the uses listed in the zoning districts as allowable, and are no more detrimental or intensive than the uses listed in the district for which the proposed use is determined to be consistent with; and c. The proposed use will meet the purpose and intent of the zoning district that is applied to the site where the proposed use is to be located. 3. Zone district boundaries. The Community Development Director may determine the exact location of any zone district boundary. Any such determination shall be documented in writing and shown clearly on a map, and may be appealed to the Planning Commission. C. Interpretation as Minimum Requirements. When any regulation or standard of this Title is being interpreted and applied all provisions shall be considered to be minimum requirements unless stated otherwise (such as height limits and lot coverage for structures). D. Calculations - Rounding. Where provisions of this Zoning Code require calculations to determine applicable requirements any fractional /decimal results of the calculations shall be rounded as provided by this Subsection. 1. Residential density, minimum lot area, and number of lots. The fractional /decimal • results of calculations of the number of dwelling units allowed on a parcel based on TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 3 • maximum density requirements, and the number of parcels allowed through subdivision based on a minimum lot area requirement shall be rounded down to the next lowest whole number, except when calculating a density bonus in compliance with Chapter 17.84 (Density Bonus). In the case of a density bonus, the fractional /decimal results of a calculation of the number of dwelling units allowed shall be rounded up to the next whole number. 2. All other calculations. For all calculations required by this Zoning Code other than those described in Subsection D.1 above, the fractional /decimal results of calculations shall be rounded to the next highest whole number when the fraction /decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5. 17.04.050 Definitions — general. For use in this Title certain terms are hereby defined. Words used in the present tense shall include the past and future tense and vise versa. Words in the singular form shall include the plural form and vice versa. The words "shall' and "will' are mandatory and the words "should" and "may" are permissive. Words and phrases used in the Zoning Code and not specifically defined shall be construed according to the context and common usage of the language and as ultimately determined by the Community Development Director. For the purpose of carrying out the intent of this title, certain terms, words, and phrases are defined and shall be deemed to have the meaning ascribed to them as follows: "Accessory Structure" "Nonresidential Accessory Structure" means an attached or detached structure that is a part of, and clearly incidental and secondary to, a nonresidential structure and that does not change the character of the nonresidential structure. Illustrative examples of these structures include: • Decks. • Fences. • Garages. • Gazebos. • Kiosks and carts for selling beverages, food, clothing, phones, toys, etc. • Outdoor fireplaces. • Outdoor kitchens. • Outdoor play equipment. • Patios. • Platforms. • Porches. • Refuse collection structures /trash enclosures. • Spas and hot tubs. • • Storage or work sheds. TITLE 17 -ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 4 • • Swimming pools. • Tennis and other on -site sport courts. • Terraces. • Walls. • Workshops. "Residential Accessory Structure" means an attached or detached structure that is a part of, and clearly incidental and secondary to, a residence and that does not change the character of the residential structure. Does not include second dwelling units. Illustrative examples of these structures include: • Decks. • Fences. • Garages. • Gazebos. • Greenhouses (noncommercial). • Outdoor play equipment. • Patios. • Platforms. • Porches. • Spas and hot tubs. • Storage or work sheds. • Swimming pools. • Tennis and other on -site sport courts. • Terraces. • • Walls. • Workshops. "Accessory Use" means an activity on a property that is incidental and subordinate to the main use of the site. "Acupuncture" means a form of medical treatment involving the use of pressure, needles, or similar applications. "Adult Business" means any business establishment or concern that, as a regular and substantial course of conduct, performs or operates as an adult arcade, adult cabaret, adult model studio, adult store or adult theater, or any combination thereof. It also means any business establishment or concern that, as a regular and substantial course of conduct, sells or distributes sexually oriented merchandise or sexually oriented material; or any other business establishment or concern that, as a regular and substantial course of conduct, offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas. Adult business does not include those uses or activities, the regulation of which is preempted by state law. (See Chapter 17.30 Section 17.30.030 (Standards for Specific Land Uses) and Chapter 5.08, pertaining to the licensing and regulation of Adult Businesses. "Alcohol Beverage Sales" "Alcohol Sales, Off -Sale" means any establishment in which alcoholic beverages TITLE 17 -ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 5 are sold, served, or given away for consumption off the premises. References to the establishment shall include any immediately adjacent area that is owned, leased, rented, or controlled by the licensee. "Alcohol Sales, On -Sale" means any establishment in which alcoholic beverages are sold, served, or given away for consumption on the premises and where the owner is applying for or has obtained any ABC Licenses for on -site consumption. References to the establishment shall include any immediately adjacent area that is owned, leased, rented, or controlled by the licensee. (See Article 3, Chapter 17.30 (Standards for Specific Land Uses), Section 17.30.040 for Alcohol Beverage Sales regulations.) "Alley" means a public way, other than a street, permanently reserved as a secondary means of vehicular access to abutting property. "Ambulance Fleet Services" means a base facility where ambulances and similar vehicles are parked and from which they are dispatched, and /or where ambulance vehicles and crews are not based at a hospital or fire department stand by for emergency calls. "Animal Hospital /Clinic" see "Veterinary Services ". "Animal Sales and Services" "Animal Boarding /Kennels" means the commercial provision of shelter and care for dogs, • cats, other household animals, and horses (where allowed), including activities associated with such shelter and care (i.e., feeding, exercising, grooming, and incidental medical care). L "Animal Grooming" means the commercial provision of bathing and trimming services for dogs, cats, and other household animals permitted by this Development Code. Overnight boarding is not allowed. "Animal Retail Sales" means the retail sales of household animals within an entirely enclosed building. This use includes grooming, if incidental to the retail use, but specifically excludes boarding of animals other than those for sale. "Antique" means any article which because of age, rarity, or historical significance has a monetary value greater than the original value, or which has an age recognized by the United States Government as entitling the article to an import duty less than that prescribed for contemporary merchandise. "Apartment" means a room or a suite of two or more rooms in a multiple dwelling, occupied or suitable for occupancy as a residence for one family. "Apartment House" means a building containing three or more apartments each of which is designed for occupancy or occupied by a person or family living independently of the other apartments or units in the building. "Apartment Studio" means a small apartment usually consisting of one main living space, a small kitchen, and a bathroom. TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 6 • "Arcade" FReaRs aRy StF61GtYFe , h h ti within its r a played. of the patFeA Fnay be means an establishment that provides four or more amusement devices, whether or not the devices constitute the primary use or an accessory or incidental use of the premises. Amusement devices means electronic or mechanical equipment, game, or machine that is played or used for amusement, which when so played or used involves skill and which is activated by coin, key, or token, or for which the player or user pays money for the privilege of playing or using. See also "Internet/Cyber Cafe". "Architectural Feature" means any part of the structure that is part of the design and creates the style of the building or structure such as windows, eaves, trim, porches, etc. • "Assembly /meeting facilities, Public or Private" means a facility for public or private assembly and meetings. Illustrative examples of these uses include: • Banquet rooms. • Civic and private auditoriums. • Community centers. • Conference /convention facilities. • Meeting halls for clubs and other membership organizations. • Places of Religious Assembly, including limited associated accessory uses (i.e., religious school activities that are not full -time, residence for clergy, and office space, and excluding schools with regular daily sessions.) • Sports stadiums and arenas. • Also includes functionally related internal facilities (i.e., kitchens, multi - purpose rooms, storage, etc.), and functionally associated accessory uses (e.g. temporary aid shelters to provide humanitarian assistance). Does not include conference and meeting rooms that are accessory and incidental to another principal use and typically used only by on -site employees and clients, and that occupy less floor area on the site than the principal use they support. Does not include sports or other commercial entertainment facilities (see "Commercial Recreation and Entertainment'). Does not include funeral homes and mortuaries (see "Funerals Homes and Mortuaries "). Related on -site facilities including day care centers and schools are separately defined (see "Educational Institute "). "ATM (Automated Teller Machine)" means an automated device used by the public to conduct banking and financial transactions electronically (i.e. withdrawing cash from, or depositing cash or checks into, a bank, savings and loan, credit union, credit card or similar account). This does not apply to retail point -of -sale transactions within a fully enclosed location. This also refers to machines located on properties separate from financial institutions. "Attic" means the area located between the top plate and the roof or ridge of a building, as further defined in the Building Code (see Figure 17.04.050.1). TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 7 • Figure 17.04.050.1 —Attic Attic ----- - - - - -- - -- 2nd Floor - - - -- - - - -- - - - - -- -- 1st Floor "Automobile Car Wash" means establishments engaged in the washing, waxing, or cleaning of automobiles or similar light vehicles. "Full Service" means a car wash establishment where operating functions are performed entirely by an operator /owner with the use of washing, waxing, and drying equipment. "Self- Service or Accessory" means an establishment where washing, drying, polishing, or vacuuming of an automobile is done by the car driver or occupant. "Automobile Lube and Tune Facility" means an establishment that provides minor maintenance services for automobile engines and brake systems. Such businesses are characterized by short service visits. Overnight outdoor parking or storage of automobiles being serviced is prohibited. "Automobile Parts and Accessory Store" means a retail place of business selling or furnishing automobile supplies and parts. No repair work of any kind may be conducted in conjunction with such use. "Automobile Rental or Leasing" means a place of business used for the storage and display of complete and operative automobiles for the purpose of renting or leasing said vehicles on a short or long term basis. "Automobile Repair Garage" means a business conducted within a fully enclosed building which services and repairs motor vehicles, but exclusive of all body and fender repair or painting, steam cleaning, mechanical and non - mechanical car washing, 0 TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 8 • recapping of tires, engine or transmission overhauling or replacement and other major repairs. "Automobile Service Station" means a retail business establishment limited to the sale of motor fuels and supplying goods and services generally required in the operation and maintenance of automotive vehicles and the fulfilling of motorists' needs. These may include sale of petroleum products; sale and servicing of tires, batteries, automotive accessories and replacement items; washing and lubrication services; the performance of minor automotive maintenance and repair; and the supplying of other incidental customer services and products. Major automotive repairs, painting and body fender work are excluded except where such uses are otherwise permitted. "Service station" as used herein does not include chain, automatic or coin - operated wash racks. "Bachelor Apartment" means a studio unit, an apartment, or dwelling unit in a multiple dwelling or apartment house, occupied or suitable for occupancy as a residence for one person. A bachelor apartment contains bath and cooking facilities and one room used for living room and sleeping with no separate bedroom. "Bar /Cocktail Lounge" means a saloon, bar, pub, tavern, or similar place used primarily for drinking alcohol and designed for social interaction and /or entertainment. "Basement" means an area of a building or structure that is partially above ground and having no more than fifty (50) percent of its height, at any point, above finish grade on each and every side. A basement is not considered a floor or story unless more than fifty (50) percent of its height is above finished grade. • "Beauty shop" means a commercial establishment that sells beauty and health products and /or provides personal care and grooming services such as hair cutting and styling, nail care, facial hair removal, and non - permanent make -up application to the face. A "Beauty Shop" does not include electrolysis, facials, skin care and skin treatment services, massage, reflexology, tanning, body wrapping or weight management. E "Beauty /Health Spa" means a commercial establishment, such as a (nonmedical) health spa or day spa, providing a comprehensive range of beauty, health, relaxation, and personal care and grooming services including, but not limited to, hair cutting and styling, facials and skin care, skin treatments, aesthetician services, nail care, hair removal, electrolysis, cosmetics, tanning, body wrapping, weight management, and massage. "Bedroom" means an enclosed space within a dwelling unit that is designed for sleeping has a permanent door permitting closure and separation from all kitchen, living room, and hallway areas and complies with the Uniform Building Code requirements for a bedroom. "Berm" means a raised earthen area (see Figure 17.04.050.2). TITLE 17 -ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 9 • Figure 17.04.050.2 - Berm e.� "U "Body Art" means art made on, with, or consisting of, the human body. The most common forms of body art are tattoos and body piercing. "Body Art Establishment" means a single business location, which is engaged in the creation of body art, such as tattoo parlors. Body Art Establishments shall not include beauty salons, and /or similar establishments, that provide permanent cosmetics to the human face as a means of producing designs that resemble makeup to the skin of the face, including, but not limited to, the permanent coloring of the eyebrows, lip line, eye line, and /or eyelashes. Such beauty salons, and /or similar establishments shall operate pursuant to a valid cosmetology license and in accordance with any and all state, county, and city regulations. "Body Branding" means impressing or burning a mark or figure on the skin of a person with a hot object or flame. • "Body Scarring" means any method by which a scar is applied to or left upon a body. "Breezeway" means a structure with a roof and open sides that connects two buildings. "Building" means a permanently located structure having a roof supported by columns or walls for the shelter, housing or enclosure of persons, animals, personal property of any kind. "Building Height" means the vertical distance from the average finished ground level of the site to the highest point of the roof. In cases of ambiguity and for unique architectural elements, the determination of building height will be determined by the Community Development Director. "Building Site" means the ground area of a building or group of buildings together with all open spaces as required by this Zoning Code. "Business and Business Activity" means any sole proprietorship, partnership, joint venture, corporation, or other business entity formed for profit- making purposes. "California Licensed Medical Professional" means a physician, surgeon, chiropractor, acupuncturist, osteopath, nurse, or physical therapist who is duly licensed to practice his or her r TITLE 17 - ZONING ARTICLE 1 -PURPOSE AND APPLICABILITY OF ZONING CODE 1 10 • respective profession in the State of California and who performs activities encompassed by such professional license. TaFP8FV meaRS a peffsaneRt Mefed StFUGtUFe With Rat FReFe than twe eFIGIesed sides used OF 4 d d 4 be used iar a temebile shelter and StOFag "Catering Service ", means a business which primary function is to prepare food for distribution off the premises. It shall not include a business which primary function is the sale of individual meals or portions thereof on the premises. "Chief of Police" means the Los Angeles County Sheriff or the Sheriffs designee. "Church" see "Places of Religious Assembly ". "Club" means any building or premises used by an association of persons, whether incorporated or unincorporated, for some common nonprofit purpose, but not including groups organized primarily to render a service carried on as a business. "Commercial Recreation and Entertainment" means establishments providing participant or spectator recreation or entertainment, either indoors or outdoors, for a fee or admission ' charge. Illustrative examples of these uses include: • arcades or electronic games (see "Arcade ") • batting cages • country clubs • family fun centers • golf courses internet/cyber cafes (see "Internet/Cyber Cafe ") "Community Development Director" means the Director of the City of Rosemead Community Development Department or his or her designee. "Conditional Use Permit" means a discretionary permit required for certain uses specified in this Code to provide for the thorough review of such proposed uses and their associated structures and other improvements, with the intent of ensuring that if approved, such use can be operated in a manner compatible with surrounding uses. See Article 5, Chapter 17.132 (Conditional Use Permits). "Convalescent Facility" see "Residential Care Facility ". "Convenience Store" means easy access retail stores selling a combination of alcohol, gasoline, or a range of merchandise to provide a variety of items primarily for the motoring public. "Corner Cutoff Area" means a portion of a corner lot or parcel of land which is maintained in a manner to provide adequate and safe visibility for vehicular and pedestrian traffic wherever streets and alleys converge. "Cottage food operation" means an enterprise within the registered or permitted area of a dwelling unit where the cottage food operator, as defined by California Health and Safety Code 113758, resides and where cottage food products pursuant to California Health and Safety • TITLE 17 - ZONING ARTICLE 1 — PURPOSE AND APPLICABILITY OF ZONING CODE 1 11 • Code 113758 are prepared or packaged for direct, indirect, or direct and indirect sale to consumers. "Cultural Institution" means any facility such as a museum or library that displays or preserves objects of community or cultural interest relating to one or more of the arts or sciences. This use includes libraries, museums, and art galleries. "Day Care, General" are establishments that provide nonmedical care for 15 or more persons on a less than a 24 -hour basis, including nursery schools, preschools, and day care centers for children or adults. Such use must comply with all applicable State regulations, and specifically those set forth in the California Health and Safety Code commencing with Section 1596.70, to be considered a General Day Care facility. General. Day Care establishments may be accessory to an industrial, commercial or institutional use, as may be allowed by Article 2 of this Zoning Code. "Day Care, Limited" means nonresidential, nonmedical care and supervision of 14 or fewer persons on a less than 24 -hour basis. Child Day Care: "Child Care Home, Small Family (8 or fewer children)" means day care facilities located in single - family dwellings where an occupant of the dwelling provides care and supervision for eight or fewer children. Children under the age of 10 years who reside in the dwelling count as children served by the day care facility. Such use must comply with all applicable State regulations, and specifically those set forth in the California Health and Safety Code • commencing with Section 1596.70, to be considered a small family child care home. "Child Care Home, Large Family (9 to 14 children)" means day care facilities located in single - family dwellings where an occupant of the dwelling provides care and supervision for nine to 14 children. Children under the age of 10 years who reside in the dwelling count as children served by the day care facility. Such use must comply with all applicable State regulations, and specifically those set forth in the California Health and Safety Code commencing with Section 1596.70, to be considered a large family child care home. See "Day Care, General" for facilities serving 15 or more children. "Adult Day Care" see "Day Care, General' "Developed Living Area" means the sum of the areas of all floors of a building approved for residential use as measured from the interior faces of exterior walls. "Disability" means a physical or mental impairment that limits or substantially limits one or more major life activities. A person with a disability is anyone who is regarded as having such impairment or anyone who has a record of such impairment. "Discretionary Permit" means a permit that is subject to the evaluation, judgment, and approval or denial by the Rosemead Planning Commission and /or the Rosemead City Council. "Donation Box" means a bin, storage shed, or similar facility measuring no more than eight feet wide by eight feet long and eight feet high, and established as an accessory use to a primary use for the purpose of providing a collection location for donated clothes, shoes, and • small household items. Such facilities generally are established by a charitable or non - profit TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 12 • organization. "Drive- Through or Drive -Up Facilities" means an establishment that sells products or provides services to occupants in vehicles, including drive -in or drive -up windows and drive - through services. Examples include fast food restaurants, banks, and pharmacies. "Driveway" means a paved access from a street or alley to a garage or other parking area; a driveway may include the space required to turn or maneuver a motor vehicle into and out of such parking area. :.... s ,e Dwelling, th mare families 1'e nn . Rdepe Rdently of o n Gh ethef "Dwelling" means a structure or portion thereof designed exclusively for permanent residential purposes, but not including hotels, motels, emergency shelters, or extended stay locations. "Dwelling Unit" means any structure or portion thereof designed for living and sleeping purposes that contains independent cooking and sanitation facilities. "Multi- Family Dwelling Unit" means a structure or portion thereof containing three or more dwelling units designed for the independent occupancy of three or more households. "Primary Dwelling Unit" means an existing single -unit residential structure on a single lot with provisions for living, sleeping, eating, a single kitchen for cooking, and sanitation facilities, and occupied by one household. "Single- Family Dwelling Unit" means a detached structure containing no more than one dwelling unit which, regardless of form of ownership, is designed and /or used to house not more than one household, including all domestic employees for such • household. TITLE 17 -ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 13 • "Second Dwelling Unit' means an attached or detached dwelling unit which provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as an existing qualified primary dwelling unit is situated. "Two- Family Dwelling (Duplex) Unit" means a building containing two complete dwelling units designed for the independent occupancy of two households. See also "Manufactured Housing" and "Mobile Housing Unit'. "Easement" means a recorded right or interest in the land of another, which entitles the holder thereof to some use, privilege or benefit out of or over the real property without possessing it. An access easement is a right granted by a landowner to certain other property owners, or the general public, to travel across the landowner's property for access. "Eating and Drinking Establishments" "Accessory Food Service" means an establishment that sells food and /or beverages as an accessory use in a retail, office, or institutional structure and that does not change the character of the primary use. "Bar, Lounges, Nightclubs, Taverns (includes independent or accessory establishments)" means any establishment that sells or serves alcoholic beverages for consumption on the premises and is holding or applying for a public premise license from • ABC and in which persons under 21 years of age are restricted from the premises. References to the establishment shall include any immediately adjacent area that is owned, leased, rented, or controlled by the licensee. "Fast Food" means a restaurant which supplies food and beverages primarily in disposable containers and which is characterized by high automobile accessibility, self - service, and short stays by customers. "Outdoor Dining" means a dining area with seats and /or tables located outdoors of a sit - down restaurant, fast food, or other food service establishment. Outdoor dining is located entirely outside the walls of the contiguous structure or enclosed on one or two sides by the walls of the structure with or without a solid roof cover. "Restaurant, Sit - down" means an establishment engaged in the business of selling food and beverages, including alcoholic beverages, prepared on site for primarily on -site consumption. Food and beverages are served to the customer at a fixed location (i.e., booth, counter, or table). Food and beverages are ordered from individual menus. Customers typically pay for food and beverages after service and /or consumption. The sale or service of sandwiches, whether prepared in the kitchen or made elsewhere and heated on the premises, or snack foods, shall not constitute a sit -down restaurant. "Take -Out Service" means an establishment that offers a limited variety of food or beverages. Transactions are sales for off -site consumption. Customers are served either at a counter or service window. Incidental seating (less than 250 square feet of seating area) may be provided for limited on -site consumption of food or beverages. Typical uses • include bakeries, coffee stores, ice cream and frozen dessert stores, delivery-only pizza TITLE 17 -ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 14 0 • establishments, small delicatessens, and similar establishments. "Eave" means the part of a roof that overhangs an exterior wall. "Educational Institute" means any public, private, or parochial elementary, junior high, high school, university, or other school giving general academic instruction in the several branches of academic learning, which has five (5) or more students. Educational Institutes do not include trade schools, which are defined separately herein. "Electronic Game Center" see "Arcade ". "Emergency Health Facility" means establishments that provide emergency medical service (i.e., outside normal physician office hours or before a physician appointment is available) with no provision for overnight or continuing care on an inpatient basis. Also includes "urgent care" facilities and walk -in clinics. Does not include hospitals (see "Hospital "). "Emergency Shelter" "Emergency Shelter" shall mean any establishment operated by an Emergency Shelter Provider that provides homeless people with immediate, short-term housing for no more than six (6) months in a twelve (12) month period, where no person is denied occupancy because of inability to pay. Emergency Shelters may also provide shelter residents with additional supportive services such as food, counseling, laundry, and access to other social programs. Emergency Shelters may have individual rooms and common areas for residents of the facility, but may not be developed with individual dwelling units, with the exception of a manager's unit "Emergency Shelter Provider" shall mean a government agency or non - profit organization that provides emergency or temporary shelter, and which may also provide meals, counseling, and access to other social programs. This definition does not include such emergency shelters as may be provided for relief following a natural disaster or during a state of emergency or those provided at.a place of religious assembly for less than five (5) days in any thirty (30) day period. "Temporary Aid Center" shall mean any establishment that provides homeless and low- income people with short-term services, where no person is denied assistance because of inability to pay. Temporary aid centers provide supportive services such as food, clothing, counseling, laundry, and access to other social programs, but do not provide overnight shelter. This use does not include establishments that function as medical or professional offices and provide social services. "Equipment Rental Yard" means service establishments primarily engaged in the outdoor storage and rental of construction equipment, materials or supplies, machinery or industrial supplies. "Establishment" see "Business and Business Activity ". "Facade" means one side of the exterior of a building, generally the front, but also may include the sides and rear. In architecture, the facade of a building is often the most TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 15 • important from a design standpoint, as it sets the tone for the rest of the building "Family" means any group of individuals living together as the functional equivalent of a family where the residents may share living expenses, chores, eat meals together and are a close group with social, economic, and psychological commitments to each other. A family includes, for example, the residents of residential care facilities and group homes for people with disabilities. A family does not include larger institutional group living situations such as dormitories, fraternities, sororities, monasteries, or nunneries. "Farmers' Market" means an outdoor market certified for direct retail sales by farms to the public by the State or County Agricultural Commission under California Code of Regulations Title 3, Chapter 3, Article 6.5. Farmers' Markets can also include limited sales of crafts and goods. "Financial Service or Institution" means a company specializing in consumer loans and lines of credit and other financial services such as a bank, savings and loan, credit union, mortgage office, or automated teller machine (ATM). This does not include check cashing establishments. "Fence" means a freestanding structure designed to restrict or prevent movement across a boundary or to mark the boundary of an area. "Floor" means a unit of building height to be used as an alternative term to story. "Floor Area" means the total floor space in terms of square footage occupied by an owner, • lessee, or renter in a building except: 1. Elevator shafts; 2. Stairwells; 3. Courts or atriums uncovered and open to the sky; 4. Rooms exclusively housing building operating equipment; and 5. Parking areas. "Floor -area ratio (FAR)" means the total square- footage of developed liv ng aFea floor area on a lot divided by the gross area of the lot, prior to any required dedications for street or utility rights- of -way. Such calculation shall include only those structures intended for permanent habitation. For flag lot developments, FAR calculations shall use the net area of the proposed lot. "Fortunetelling" means a business that professes to foretell future events. No such business shall be conducted in a structure utilized for residential purposes. No such business qualifies as a home occupation. "Frontage" is the face of a building or length of a lot that is parallel to, or is at a near parallel angle to a public street or public parking area. "Funeral Homes and Mortuaries" means establishments engaged in the provision of services involving the care, preparation, or disposition of human remains other than in cemeteries. May or may not include crematories and /or mortuaries. No internment is provided on site. May include areas for assembly services and living quarters for funeral • home /mortuary manager. TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 16 • "Garage" means a ti ding pertigR s a ti • ,r. iR which eh ,. , used by the eeewpaRtS E)F tenants of !he main buildiRg OF buildings eR the pFeffliseG aFe Stored OF kept. an accessory structure or portion of the main building permanently roofed and enclosed on all sides, which is designed or used for the shelter of motor vehicles. "General Plan" means the General Plan for the development of the City adopted by the City Council. "Glare" means the shining of bright or intense light on a property "Government Facilities" means a building or structure owned, operated, or occupied by a governmental agency to provide a governmental service to the public. "Grade, Existing" means the surface of the ground or pavement at a stated location as it exists before disturbance in preparation for a project regulated by this Zoning Code. "Grade, Finished" means the elevation of the surface of the ground adjoining the building at the completion of a project regulated by this Zoning Code. "Grade (ground level)" is the average of the finished ground level at the center of all walls of a building, except in cases where walls are parallel to and within five feet of a sidewalk, ground level shall be measured at the sidewalk. "Group Home" means any residential care facility licensed by the State of California for • occupation by six or fewer persons. See definition under Title 22 (Social Security) in the California Code of Regulations (Section 80001 [g]). "Hardscape" means areas such as patios, decks, driveways, paths, and sidewalks that do not require irrigation. "Health /Fitness Facilities" "Health /Fitness Facilities (Small)" means an indoor facility of 2,000 square feet or less in size where passive or active exercises and related activities are performed using minimal muscle - building equipment or apparatus for the purpose of physical fitness, improved circulation or flexibility, and /or weight control. Examples of uses include Pilates, personal training, yoga, and martial arts studios. "Health /Fitness Facilities (Large)" means a full - service fitness center, gymnasium, or health and athletic club which is over 2,000 square feet in size and may include any of the following: sauna, spa or hot tub facilities; weight rooms; indoor tennis, handball, or racquetball courts; aerobic classes and other indoor sports activities; locker rooms and showers. "Hedge" means a line of closely spaced shrubs and tree species, planted and trained in such a way as to form a barrier or to mark the boundary of an area. "Heliport" means an area used for.the landing, parking, or takeoff of helicopters including operations facilities (i.e. fueling, loading and unloading, maintenance, storage, terminal • facilities, etc.). TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 17 • "Helistop" means a single pad used for the landing, parking, or takeoff of one helicopter and other facilities as may be required by Federal and State regulations, but not including operations facilities (i.e. fueling, loading and unloading, maintenance, storage, terminal facilities, etc.). "Homeowners Association" means an organization of homeowners whose major purpose is to maintain and provide community facilities and services for the common benefit of the residents. "Home Occupation" means a business, occupation, or activity conducted as an accessory use within a dwelling unit incidental to the residential use of the property and in which there is no display, no stock or trade commodity sold on the premises, and which the appearance gives no indication of any use other than residential. "Horticulture" means the study and practice of cultivating plants, such as growing fruit, flowers, ornamental plants, and vegetables in small gardens. Horticulture usually refers to gardening on a smaller scale, while agriculture refers to the large -scale cultivation of crops. "Horticulture, Commercial" means the cultivation of agricultural products for retail or wholesale sales. Includes plant nurseries. "Horticulture, Private" means the cultivation (but not sale) of agricultural products for use or consumption only by the property owner or tenant. . "Hospital, Sanitarium" FReaRS any bu:ld!Rg OF portion `hereof used to pFeyde med:eal "Hospital" means a facility providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons, primarily on an inpatient basis. This use includes incidental facilities for outpatient treatment, as well as training, research, and administrative services for patients and employees. This excludes sanitariums and residential care facilities. "Hotel" means a building or a portion of a building containing guest rooms intended or designed to be used or which are used, rented, or hired out to be occupied or which are occupied for temporary or overnight accommodations, but not used as the legal residence or principal dwelling place of the occupant(s), with or without meals, in which no provision is made for cooking in any individual room or suite. Entrance to all guest rooms must be from completely enclosed interior halls. "Industry" means establishments engaged in the manufacturing of finished parts or products, either from raw materials or previously prepared materials, within an enclosed structure. This includes processing, fabrication, assembly, treatment, testing (i.e., laboratories), packaging, incidental office storage, sales, and distribution of the parts or products; and laundry and dry cleaning plants. "Industry, Light" means the manufacture and /or processing of consumer - oriented goods in a manner that does not produce noticeable odors, air emissions, or other environmental • effects, and that has limited associated trucking activity. Light industries generally require TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 18 limited amounts of raw materials to produce goods. Examples of light industries include, but are not limited to, the manufacture of clothes, shoes, furniture, consumer electronics, and household items. "Industry, Heavy" means the manufacture and /or processing of materials and goods utilizing large quantities of raw materials, and generally requiring high capitalization and production of large quantities of output. Heavy industry often sells output to other business users rather than consumers. Characteristics of heavy industry include, but are not limited to, heavy trucking activity, noise, emissions requiring federal or state environmental permits, use of large quantities of hazardous materials as defined the U.S. Environmental Protection Agency, and requirement for specialized permits from federal and state occupational health and safety agencies. "Internet Cafe and Game Arcade" means an establishment that provides more than three computers and /or other electronic devices to the public for compensation and /or for public access to that system commonly referred to as the " internet' for the purpose of e-mail, playing video games over the Internet or other network system, and /or access to other computer software programs. Internet cafe is also synonymous with PC cafe, cyber cafe, internet gaming center, computer /internet rental and cyber centers. See "Commercial Recreation and Entertainment'. "Karaoke entertainment" means an accessory entertainment use consisting of a musical rendition in which participant(s) sing words accompanied by popular recordings from which the vocals have been removed and the results of which are professionally mixed and amplified for play -back entertainment of other patrons. "Karaoke N (KTV) studio" means an establishment offering participatory Karaoke entertainment as a primary use, where patrons perform semi - privately in booths or rooms reserved for such purpose. "Kennel" see "Animal Sales and Services, Animal Boarding /Kennels ". "Kitchen" means any room all or part of which is designed and /or used for the cooking and other preparation of food. "Landscaping" means any combination of native or exotic plants, lawn, groundcover, trees, shrubs, and other plant materials, plus decorative outdoor and complementary elements such as pools, fountains, water features, paved or decorative walkways or surfaces of rock, stone, brick, block, or similar material (excluding driveways, parking, loading, or storage areas), and sculptural elements. Plants on rooftops or porches or in boxes attached to structures typically are not considered landscaping. "Large collection facility" means a center for the acceptance by donation, redemption or purchase of recyclable materials from the public. Such a facility does not use power- driven processing equipment and is two hundred (200) square feet or greater in floor space and is located on the same parcel as the principal use. "Laundry and Dry Cleaning Services" "Laundry/Dry Cleaning Services — Off - Site" means establishments that serve as pick -up • and drop -off locations for dry cleaning only, with no cleaning equipment located onsite. TITLE 17 -ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 19 • This use does not include a self- service laundry establishment, which is classified separately. "Laundry/Dry Cleaning Services — On- Site" means establishments that provide laundering and dry cleaning services on -site, and may only use non - petroleum solvents. The establishment may include related services such as tailoring. "Laundry /Self- Service" means any establishment for laundering where there is no pickup or delivery service and no steam or hand laundry of any type, and where there is no intermingling of customers' laundry. "Live Entertainment" means singing, dancing, acting, or similar performances provided by a performer who is hired or otherwise secured by the operator of the business where the entertainment is presented. "Lot" means a parcel of real property shown as a delineated parcel with a number or other separate designation on a plat recorded in the office of the County Recorder, or a parcel the dimensions or boundaries of which are defined by a record of survey recorded pursuant to the provisions of the Subdivision Map Act of the state, in the office of such recorder, or a parcel the dimensions and boundary of which are shown on a plot plan or map filed, finally approved and in effect pursuant to Title 16 of this code, or a parcel containing not less than the minimum square footage required in the zone in or a parcel held under separate ownership and lawfully separated in ownership prior to the effective date of this chapter and all applicable predecessor ordinances, and abutting upon a street or private easement. • "Lot, Corner" means a lot situated at the intersection of two or more streets. (See Figure 17.04.050.3) Lot, Flag" means a lot whose shape or property line configuration is created in a manner which utilizes an extension of property for the exclusive purpose of obtaining vehicular and pedestrian access to a public street, or as set out in Article 3, Chapter 17.108 of this Code. "Lot, Interior" means a lot other than a corner lot. (See Figure 17.04.050.3) " . t s Fated by a alloy, "Lot, Reversed Corner" means a corner lot the side street line of which is substantially a continuation of the front lot line on the first lot to its rear. (See Figure 17.04.050.3) "Lot, Through" means a lot having frontage on two parallel or approximately parallel streets. (See Figure 17.04.050.3) Lot Area" means the total area within the boundary lines of a lot or parcel; provided, however, that the following shall be excluded from the computation thereof: 1. Any portion of the lot or parcel which serves as an access easement to any other lot or building site; or 2. Any portion of the lot or parcel which serves as an improved surface flood control • project under the jurisdiction of any public agency. TITLE 17 - ZONING ARTICLE 7 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 20 • For the purpose of determining area in the case of an irregular, triangular, or gore- shaped lot, a line ten feet in length within the lot and furthest removed from the front lot line and at right angles to the line representing the lot depth of such lot shall be used as the rear lot line. "Lot Coverage" means the area of the site covered by buildings or roofed areas, excluding allowed projecting eaves, balconies, porte - cocheres, and similar architectural features. Lot coverage does not include pools, hot tubs, or similar features. "Lot Depth" means the length of a straight line drawn from the midpoint of the front lot line and at right angles to such line connecting with the line intersecting the midpoint of the rear lot line; provided, however, that for the purpose of measurement, methods of measurement shall be applicable as per the following described circumstances: 1. In the case of lot having a curved front line, the front lot line, for the purposes of this section, shall be deemed to be a line tangent to the curve and parallel to a straight line connecting the points of intersection of the side lot lines of the lot with the front lot line. 2. In the case of a flag lot, for the purposes of this section, the front lot line shall be that property line which extends across the width of the lot, which is exclusive of and is not to be confused with, those property lines contained within the flag lot vehicle access leg to the public street. (See Figure 17.04.050.3) "Lot Line, Front" means: 1. For an interior lot, the line separating the lot from a street or highway; 2. For a corner lot, the line separating the narrower street frontage from a street or highway, unless otherwise specified by deed restriction; 3. In the case of lots set back from the street, with long narrow portions for access (flag lot), the line, or series of lines, delimiting the front of the buildable portion of the lot shall be established as the front lot line; 4. For a through lot, the lot line abutting the street providing the primary access to the lot. (See Figure 17.04.050.3) "Lot Line, Interior" means any lot line not abutting a street. "Lot Line, Rear" means a lot line, not intersecting a front lot line, which is most closely parallel to the front lot line. In the case of an irregularly shaped lot or a lot bounded by only three lot lines, rear lot line shall mean an imaginary line within the lot having a length of 10 feet, parallel to and most distant from the front lot line, which shall be interpreted as the rear lot line for the purpose of determining required yards, setbacks, and other provisions of this Land Use Code. (See Figure 17.04.050.3) "Lot Line, Side" means any lot boundary line that is not a front lot line or a rear lot line. On a corner lot, the street right -of -way line with the greatest amount of street frontage shall be the side lot line, unless otherwise specified by deed restriction. (See Figure 17.04.050.3) "Lot Width" means the minimum horizontal distance between the side lot lines measured at the front setback line. (See Figure 17.04.050.3) • "Lot Width, Average" shall be the average of the front and rear lot lines. In computing lot TITLE 17 -ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 21 • width or average width, the following shall be excluded: 1. Any portion of the width that serves as an access easement to any other lot or building site; • 2. Any portion of the width that serves as an improved surface flood control project under the jurisdiction of any public agency. Figure 17.04.050.3 Lot Types "Manufactured Housing Unit" means a dwelling unit which is either wholly or mainly manufactured at an off -site location and is assembled on site on a permanent foundation with permanent service connections. The definition does not include a mobile home, mobile accessory structure, or an automobile trailer or recreational vehicle. "Massage" or "Massage Therapy" means any method of treating the external parts of the body for remedial, hygienic, relaxation or any other similar purpose, whether by means of pressure on, friction against or stroking, kneading, tapping, pounding, vibrating, rubbing or other manner of touching external parts of the body with the hands, or with the aid of any mechanical or electrical apparatus or appliance with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, ointment or other similar preparations commonly used in this practice and shall include herbal body wraps. For the purposes of this chapter, "massage" or "massage therapy" includes the techniques of acupressure and reflexology. "Massage Business or Establishment" means any business or establishment, including a sole proprietor or independent contractor, conducted within the City where any person engages in, conducts, carries on or permits to be engaged in, conducted or carried on, for money or any other consideration, the administration to another person of a massage, and also includes all businesses or establishments where massage therapy is provided as an ancillary service such as clubs, gyms, day spas and professional offices where such massage therapy is not otherwise exempt under this chapter. "Medical Clinic" means any building or portion thereof used to provide medical, surgical or • psychiatric care to persons and which as a principal function provides such care on TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 22 Iaocn ®WCav WMW I ...OR I YAI i LOT j OT i CORNER i i I i ce, E Ir urs � I I »wERNnr I COINER INT600R I INMOR I LOT LOT 1 NOT _,- �vnw�j ? ±`dL06MC •• i OT IX1900R / yOgl IDT ?, IiEV66E IMMOR CORNER LOT j MO MO i I NOT COT j LOT CO RER (COO IN1 I j LOT LOT LiR1� "Manufactured Housing Unit" means a dwelling unit which is either wholly or mainly manufactured at an off -site location and is assembled on site on a permanent foundation with permanent service connections. The definition does not include a mobile home, mobile accessory structure, or an automobile trailer or recreational vehicle. "Massage" or "Massage Therapy" means any method of treating the external parts of the body for remedial, hygienic, relaxation or any other similar purpose, whether by means of pressure on, friction against or stroking, kneading, tapping, pounding, vibrating, rubbing or other manner of touching external parts of the body with the hands, or with the aid of any mechanical or electrical apparatus or appliance with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, ointment or other similar preparations commonly used in this practice and shall include herbal body wraps. For the purposes of this chapter, "massage" or "massage therapy" includes the techniques of acupressure and reflexology. "Massage Business or Establishment" means any business or establishment, including a sole proprietor or independent contractor, conducted within the City where any person engages in, conducts, carries on or permits to be engaged in, conducted or carried on, for money or any other consideration, the administration to another person of a massage, and also includes all businesses or establishments where massage therapy is provided as an ancillary service such as clubs, gyms, day spas and professional offices where such massage therapy is not otherwise exempt under this chapter. "Medical Clinic" means any building or portion thereof used to provide medical, surgical or • psychiatric care to persons and which as a principal function provides such care on TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 22 • an outpatient basis. "Mezzanine" means an intermediate floor between the main floors of a building, and therefore may not be counted among the overall floors of a building. Often a mezzanine has a low- ceiling and projects outward in the form of a loft or balcony. "Medical Use" means any use involving the care of persons' general health by licensed practitioners. This includes hospitals, urgent care clinics, out - patient facilities, doctor and dental offices, chiropractic and podiatric facilities, and similar practices of the medical field and directly related laboratory services. ... -•, - -. .. . "Ministerial" means a government decision involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the action, including the issuance of a permit. "Mixed Use Development (Mixed Use Project)" is an approach to land use development that involves integrating two or more different but highly compatible types of uses on the same property as part of a unified development. Generally, a Mixed Use Development consists of commercial and residential uses integrated either vertically in the same structure or group of • structures, or horizontally on the same development site where parking, open spaces, and other development features are shared. However, light industrial and commercial development may also be considered as Mixed Use. In a Mixed Use Development, both uses are considered primary uses of the land. "Mobile Housing Unit (Mobile Home)" FneaRs a tFaRSpertable GtFUGt6IF8 that built on peffnalleRt chassis and designed te fURGtiGR as a dwelling When connected to the Fequ Fed . means a trailer, transportable in one or more sections; that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974; that is over eight feet in width and forty (40) feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory-built housing. A mobile home on a permanent foundation is included under the definition of "Single -unit dwelling." "Mobile Home Park" means a type of residential development, established either as a legal subdivision of land with individual mobile home pads and common areas or as a development where pads are leased or rented, for the purpose of accommodating mobile home units on individual pads as part of a coordinated development. A mobile home park may include common areas and facilities for the use of all park residents. "Mobile Recycling Unit" Fneans aR autemabile, tFUGk, tFaiI8F E)F van, lisensed by the TITLE 17 - ZONING ARTICLE 1 — PURPOSE AND APPLICABILITY OF ZONING CODE 1 23 • tFyoks, ._. _, OF 1 a'1___ _Rd used for the Belle Gtie of FGGYG!able matee„aiS. "Modular Home" see "Manufactured Housing Unit ". "Motel" means one or more buildings containing guest rooms without kitchen facilities, some or all of which have a separate entrance leading directly from the outside of the building designed and used as rental for temporary or overnight accommodations for guests and are offered primarily to automobile tourists or transients, with garages or parking spaces conveniently located to each room or unit. "Motor Home" see "Recreational Vehicle ". "Multi- family Dwelling" see "Dwelling, Multi- family ". "'Museum" see "Cultural Institution ". "Nonconforming Building or Structure" means a building or structure or portion thereof which was lawful when constructed but does not conform to Zoning Ordinance requirements subsequently established. "Nonconforming: Use" means the use of land /or building or structure, which was lawful when established including compliance with property development requirements but which does not conform to Zoning Code use and property development requirements subsequently established. • "Nursery" see "Horticulture ". "Nursery School" see "Child Day Care Facility ". "Office" "Accessory" see "Accessory Use ". "Administrative Business Professional, Corporate" means an establishment providing direct, "over- the - counter" services to consumers (such as, insurance agencies, real estate offices, travel agencies, utility company offices, etc.) and office -type facilities occupied by businesses providing professional services and /or engaged in the production of intellectual property. "Government" means an administrative, clerical, or public contact office of a government agency, including postal facilities, together with the incidental storage and maintenance of vehicles. "Medical and, Dental" means an office or health facility providing health services TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 24 • including, without limitation; preventative and rehabilitation treatment, diagnostic services, testing and analysis. This use includes offices providing medical, dental, surgical, rehabilitation, podiatric, optometric, chiropractic and psychiatric services, and medical or dental laboratories incidental to these offices, but exclude inpatient services and overnight accommodation. "Open Space" "Open Space, Common" means the total land area within a residential development that is not individually owned nor dedicated for public use, and that is designed, intended, and reserved exclusively for the shared use of all the residents of the development and their guests. Examples include barbecue and picnicking areas, play areas, swimming pools, tennis courts, turf areas, and other recreational or leisure features and facilities. Common Open Space does not typically include enclosed spaces /facilities such as a community center, meeting rooms, etc. "Open Space, Private" means a usable open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests. "Open Space, Usable or Improved" means outdoor space that serves a recreational function or provides visual relief from the building mass. "Open Space, Unimproved" means any open space that has not been landscaped or otherwise provided with amenities, and is generally kept in a natural state. • "Outdoor Charitable Donation Boxes" see "Donation Boxes ". "Outdoor Dining" see "Eating Establishments ". "Outdoor Storage" means the storage of any materials outside of a structure, either as an accessory or primary use. "Outdoor Use and Display" means any condition other than storage whereby activities are conducted and /or merchandise is placed and advertised for sale outside of a structure, either as an accessory or primary use. "Outpatient Surgery Facility" means a medical facility where surgery is performed that does not require an overnight hospital stay. Patients may go home after being released following surgery and time spent in the recovery room. (Also referred to as ambulatory surgery facility) "Overhang" means a protruding structure which may provide protection for lower levels. "Pad, building" means the land area needed to support the building, landscaping and utilities of a structure. "Parapet" means a wall -like barrier at the edge of a roof, terrace, balcony, or other structure. Where extending above a roof, it may simply be the portion of an exterior wall that continues above the line of the roof surface, or it may be a continuation of a vertical feature beneath the roof such as a fire wall or party wall. TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 25 • "Parking, Joint Use" means the use of a single parking facility by several related uses occupying the same or adjacent parcels. For example, the use of a single parking facility by tenants of a shopping center. "Parking, Shared" means the use of a single parking facility by two distinctly different uses with distinctly different hours of operation such that the shared use of the facility can be accomplished without limiting the ability of one use to occupy the facility to the detriment of the other. For example; distinctly different uses could be a place of religious assembly which generally has weekend parking demands and an office development, which typically uses the parking facility during the week. "Parking Space" means an unobstructed space or area other than a street or alley that is permanently reserved, maintained, and accessible for the parking of one motor vehicle. "Garage Parking Space" means a parking space provided within an enclosed structure, with a closing and locking door, whose primary use is the storage of vehicles. "Off- Street Parking Space" means a permanent parking space for a vehicle which is designed to City standards and not located on a dedicated street right -of -way. "On- Street Parking Space" means parking space for a vehicle which is designed to City standards and located on a dedicated street right -of -way. "Parking Structure" means a structure that is designed specifically for automobile parking and where there are a number of floors or levels on which automobiles park. a"Parks and Recreation Facilities" means public parks, play lots, playgrounds, and athletic fields for noncommercial neighborhood or community use including sports courts. These may include passive outdoor recreation areas that also may be located in conservation areas and /or qualify as 'open space." These do not include facilities that are privately owned or commercial facilities ( "Commercial Recreation and Entertainment'). "Parkway" is the portion of the public right -of -way between the curb and the sidewalk or, where no sidewalk is provided between the curb and adjacent private property line. A parkway generally includes landscape improvements. "Patio" means a paved unenclosed outdoor area that is used for lounging, dining, etc. "Patio Cover" is a solid or open roof structure that covers a patio, platform, or deck area, and that is either detached from or attached to another structure. "Personal Services Business" is any business or enterprise that provides individual care to persons involving their personal health, fitness, grooming, or appearance. "Personal Services, General" Establishments that provide recurring needed services of a . personal nature. Examples of these uses include: • acupuncture and acupressure • barber and beauty shops (without massage services) • clothing rental shops • day spas • TITLE 17 -ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 26 • • dry cleaning pick up stores with limited on -site cleaning equipment • laundromats (self- service laundries) • locksmiths • nail salon • shoe repair shops • tailors and seamstresses "Personal Services, Restricted" Personal services with characteristics that have the potential to adversely impact surrounding areas and which may need to be dispersed to minimize their adverse impacts. Examples of these uses include: • check cashing • fortune - telling and psychic services • game arcades • internet cafes • massage establishments with licensed massage technicians • palm and card readers • tanning salons • tattoo and body piercing services "Personal Storage (Mini- Storage or Self- Storage, Indoor Only)" means a structure containing separate storage space that is designed to be leased or rented individually. Indoor storage shall mean that access to all storage spaces shall be from common interior corridors, and the facility has only shared loading areas. This use does not include outdoor storage of any kind. Further, such storage does not involve any manufacturing, retail or wholesale selling, • office or business services, or human habitation in any storage space or anywhere on site. "Pharmacy" means a place where prescription drugs are dispensed. "Places of Assembly" see "Assembly /Meeting Facilities, Public or Private ". "Places of Religious Assembly" means any facility specifically designed and used to accommodate the gathering of persons for the purposes of fellowship, worship, or similar conduct of religious practices and activities. Places of Religious Assembly includes limited associated accessory uses (i.e., religious school activities that are not full -time, residence for clergy, and office space, and excluding schools with regular daily sessions.) Also includes functionally related internal facilities (i.e., kitchens, multi - purpose rooms, storage, etc.), and functionally associated accessory uses (e.g. temporary aid shelters to provide humanitarian assistance). "Planning Commission or Commission" means the Planning Commission of the City of Rosemead. "Pool and Billiard Hall" means an establishment providing access to pool tables and billiard games. "Porte - Cochere" means a canopy attached to a residence, which is open on all sides, except where attached to a residence and which extends over a driveway used for the loading and unloading of vehicles, but which cannot be used to satisfy the off - street parking requirements of this chapter. • TITLE 17 -ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 27 • "Principal Use" aRs _,. existing .._......_._.cl use - -- ...... Unit., -- -- faamf., ... see "Use ". "Postal Services" means establishments that provide commercial retail postal services directly to the customer, including letter and parcel mailing, post office box rental, and related services. "Printing and Duplicating Services" means an establishment providing printing, blueprinting, photocopying, engraving, binding, and related services. "Public Assembly, Place(s) of see "Assembly /Meeting Facilities, Public or Private ". "Public Facility" means a site or structure owned and operated by the City of Rosemead, or other public agency, for the purpose of providing one or more services to residents of the City, and /or to support other City functions. "Queuing Space" means a temporary waiting area for motor vehicles or persons obtaining a service or other activity. "Radio/TV Broadcast Studios /Recording Studios, Film TV Studios" Commercial and public communications facilities including radio and television broadcasting and receiving stations and studios, with facilities contained entirely within structures. Does not include transmission and receiving apparatuses including antennas and towers. "Reasonable Accommodation Request" means a request that or exception to the rules, standards, and practices for the site, housing - related facilities that would eliminate regulatory barriers a with a disability an equal opportunity to housing of their choice. may include a modification development, and use of nd would provide a person "Recharging Station" means a place that supplies electricity for the recharging of electric vehicles (including plug -in hybrids). "Recreational Vehicle (RV)" means motorhome, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, with a living area less than four hundred (400) square feet, excluding built -in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, bath and toilet rooms. M-0 "Recycling Facility" _.,_ a GeRteF fGF the = !!__`.:_.. alldieic nr - - -- n of - , elabl of the rarfomia oa.,erage rnnfain oe..yGlin na I 'FFer Rpdu,.F,an Ant of icy or .. a ___.. ___ _. I F d on th r of sidential eemmemial rnaRufaGtWing use as used EK manufaetureF. Reeyel'n fan'I'f'a al de large and all ellenF'e fan'lif'e SiRgle feed • FeveFse and L lk .___.__ __...±•nom _nh_..__ and mobile .__,,.Imnn RtS means a land use TITLE 17 -ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 28 • type that includes a variety of facilities involved with the collection of recyclable materials. A "certified" recycling or processing facility is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986 (Public Resources Code, Division 12.1). Recyclable material includes reusable domestic containers and other material that can be reconstituted, remanufactured, or reused in an altered form including glass, metals, paper, and plastic. Recyclable material does not include refuse or hazardous materials. This land use does not include storage containers located on a residentially, commercially, or industrially designated site that is used solely for the recycling of material generated on the site. "Collection Facility (Small)" means a facility that occupies an area of 350 square feet or less where the public may donate, redeem, or sell recyclable materials and may include: 1. A mobile unit; 2. Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet. A bulk reverse vending machine is a reverse vending machine that is larger than 50 square feet, is designed to accept more than one container at a time, and issues a cash refund or redeemable credit slip based on total weight instead of by container count. 3. Kiosk -type units that may include permanent structures. "Collection Facility (Large)" means a facility that occupies an area of more than 350 square feet and /or includes permanent structures where the public may donate, redeem, or sell recyclable materials. "Reverse Vending Machine" means an automated mechanical device which accepts at • least one or more types of empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value, as determined by State law. These vending machines may accept aluminum cans, glass and plastic bottles, and other containers. The vending machines typically occupy an area of less than 50 square feet. "Processing Facility" means a structure or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end - user's specifications, by such means as bailing, briquetting, compacting, Flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Processing facilities are not allowed in the City of Rosemead. "Research and Development" means facilities for scientific research and design, development, and testing of biological, chemical, electrical, pharmaceutical, telecommunications, or other components in advance of product manufacturing. Typical uses include experimental laboratories, pharmaceutical laboratories, and testing laboratories. "Residence" means the same as "Dwelling." "Residential Care Facility" means a family home, group care facility, residential care facility for the elderly, foster home, alcohol and /or drug recovery facility, intermediate care facility or similar facility, for twenty -four (24) hour non - medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. In the event the provisions of state law are updated, this section shall be interpreted and applied in conformity with State law. • TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 29 • "Residential Use" means the occupation of a structure that provides permanent housing for one or more households. "Restaurant" see "Eating and Drinking Establishments ". least E)Re or more types f empty beveFage n.. iReludiRg, but of limited te la .1 IaM'n bettla Rd issues a nb of nd OF a redeemable nred{t si p with a value net less thaR the eentalneF'S Fedemptien value as de ined b, the state. A bulk reveFse VeRdiRg maGhi..- Jis - vending Fnaoh;Re that is larger thall fift!' (60) squaFe feet; s desigRed te a6Gept FnWe thaR GRe eentalneF at a time; and will pay by weight instead of by n nt a'n "Retail Store" means an establishment which offers goods (such as books, gifts and clothing) to the general public. This does not include swap meet, pawn shop, or thrift sales. "School, Public and Private" see "Education Institute ". "School, Business or Trade" means a public or private school offering instruction in the technical, commercial, and /or trade skills such as real estate, business and secretarial, electronics, automotive and air craft, medical and dental, and similar commercial establishments. "Screened" means the use of a wall or growth or stand of trees, shrubs, or plants to shelter, protect, or hide an area from view. • "Second Dwelling Unit" see "Dwelling Unit ". "Secondary Use" see "Use ". "Secondhand Store" means a retail establishment where the majority of the merchandise for sale is secondhand or used. This includes thrift stores but does not include pawn shops or antique /collectibles shops. "Sensitive Use" see "Use ". "Setback" means the distance from which a structure, parking area, or other development feature must be separated from a prescribed lot line, easement, or other structure or development feature (see Figure 17.04.050.4). "Front Yard Setback" means the minimum distance required between a structure and the front property line (see Figure 17.04.050.4). "Primary Building Line" means that portion of the front yard area defined by the space between the front property line and the entire building frontage of the primary structure, whether or not all fagade portions of the primary structure coincide with the front setback line (see Figure 17.04.050.4). "Side Yard Setback" means the minimum distance required between a structure and a side property line (see Figure 17.04.050.4). • TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 30 • "Rear Yard Setback" means the minimum distance required between a structure and the rear property line (see Figure 17.04.050.4). Figure 17.04.050.4 Setbacks • "Shopping Center" means a commercial site with two or more separate businesses managed as a total entity, sharing common access, circulation, signage and pedestrian and parking areas so that a public right -of -way does not need to be used to get from one business to another in the C -1, C -3, and CBD zones. "Single- family Dwelling" see "Dwelling, Single- family" "Single Room Occupancy (SRO)" development is a structure with six or more guest rooms in which 30% or more of the units do not have a private bath and toilet within the unit. "Specialty Retail (C-4 zone)" means a retail store concentrating on selling one merchandise line of goods for a particular and usually selective clientele. Examples are stores selling DVDs, bagels, leather goods, and imported dishware. Specialty retailers have a narrow but deep selection in their specialty of items for sale. "Specific Plan" means, Under Article 8 of the Government Code (Section 65450 et seq.), a legal tool for a detailed design and implementation of a defined portion of the area covered by a • TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 31 • General Plan. A specific plan may include all detailed regulations, conditions, programs, and /or proposed legislation which may be necessary or convenient for the systematic implementation of any General Plan element(s). "Storage" "Storage — Accessory" means the indoor storage of materials accessory and incidental to the primary use is not considered a land use separate from the primary use. "Storage — Outdoor" means the storage of various materials outside of a structure other than fencing, either as an accessory or primary use. "Storage - Personal Storage Facility" see "Personal Storage ". "Story" means that portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above it then the space between such floor and the ceiling above it. "Street" means a public thoroughfare which affords the principal means of access to abutting property. "Structurally Altered" means to have had an alteration of any structural element, floor, frame, • wall, roof, or any other stress bearing portion of a building and excludes alterations to, or additions of, interior nonbearing partitions and interior remodeling which does not affect the structural system. L "Structure" means anything constructed or erected, which requires a fixed location on the ground, or is attached to something having a fixed location on the ground but not including fences or walls used as fences, less than six feet in height. (See Figure 17.04.050.5 — Structure Types) "Accessory Structure" see "Accessory Structure ". "Attached Structure" means any structure that has a wall or roof in common with another structure. "Primary Structure" means a structure that is conducted as the primary or predominant use of the lot and /or building site. TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 32 • Figure 17.04.050.5 Structure Types "Studio - Art, Dance, Martial Arts, Music" means small -scale instructional facilities, typically accommodating one group of students at a time, in no more than one instructional space. Examples include: individual and group instruction and training in the arts, production • rehearsal, photography and the processing of photographs produced only by users of the studio facilities, martial arts training studios, and gymnastics instruction. This also includes production studios for individual filmmakers, musicians, painters, sculptors, photographers, and other artists. These uses may also include accessory retail sales of products related to the services provided. Supermarket' means a self- service grocery and associated consumer goods store divided into departments and may also offer prepared foods and food service. This may include secondary uses within the store for visitor convenience, such as banking services, retail sales of non -food items, a pharmacy, etc. "Swimming Pool" means an artificial body of water containing or normally capable of containing water to a depth of 18 inches or more at any point which is designed, constructed and used for swimming, dipping, or immersion purposes. This includes, but is not limited to, in- ground, above - ground, and on- ground pools, hot tubs, portable and non - portable spas, and fixed in -place wading pools. "Tandem Parking Stall" means a parking stall design where one vehicle is parked behind another. Tandem parking may not include more than two cars in depth, and are not allowed for use by occupants of separate dwellings. "Tot Lot" means a playground specifically designed for young children. "TFaileF" means any vehiGle OF StFUGtUFG used f0F sleepiRg, liViRg, 13616 Ress OF storage PuFpeses +670F has been, 9F Feasenably may be equ pped with wheels OF etheF deviGes fer UaRspekiRg TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 33 i Accessory i Structure Primary Structure Street Attached � Structure 1 IL!X1 (Garage) L.— •— •— •— •— • -- -•— — — — — •— • —•—•— "Studio - Art, Dance, Martial Arts, Music" means small -scale instructional facilities, typically accommodating one group of students at a time, in no more than one instructional space. Examples include: individual and group instruction and training in the arts, production • rehearsal, photography and the processing of photographs produced only by users of the studio facilities, martial arts training studios, and gymnastics instruction. This also includes production studios for individual filmmakers, musicians, painters, sculptors, photographers, and other artists. These uses may also include accessory retail sales of products related to the services provided. Supermarket' means a self- service grocery and associated consumer goods store divided into departments and may also offer prepared foods and food service. This may include secondary uses within the store for visitor convenience, such as banking services, retail sales of non -food items, a pharmacy, etc. "Swimming Pool" means an artificial body of water containing or normally capable of containing water to a depth of 18 inches or more at any point which is designed, constructed and used for swimming, dipping, or immersion purposes. This includes, but is not limited to, in- ground, above - ground, and on- ground pools, hot tubs, portable and non - portable spas, and fixed in -place wading pools. "Tandem Parking Stall" means a parking stall design where one vehicle is parked behind another. Tandem parking may not include more than two cars in depth, and are not allowed for use by occupants of separate dwellings. "Tot Lot" means a playground specifically designed for young children. "TFaileF" means any vehiGle OF StFUGtUFG used f0F sleepiRg, liViRg, 13616 Ress OF storage PuFpeses +670F has been, 9F Feasenably may be equ pped with wheels OF etheF deviGes fer UaRspekiRg TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 33 "T '1 T 11 hi I Ftable StF Gt a built .. .i a ehasS'nn'.. ed 0 be ed as 1 FReans r feF tFavel haV R9 a body Width RE)t a tempeFaFy exeeediRg e dwelling and FeE;Feat!eRal Purposes, ght feel in width. lip W-10pli 0:11g. fle "Transitional Housing" means a project or facility that facilitates the movement of homeless individuals and families to permanent housing within a reasonable amount of time (usually 24 months) and that immediately takes the homeless individuals out of danger and provides support services for finding permanent housing. This transitional space may take the form of communal housing, battered shelters, churches, private homes, or temporary rooms for rent. "Tutoring Services (Large)" means one -on -one educational instruction in general or specific academic subjects to children for the purpose of supplementing regular school instruction. Services are intended to be in addition to normal school teachings and shall not be provided as a replacement or substitute for public or private school. A large tutoring service establishment provides services to more than five (5) students at any given time. "Tutoring Services (Small)" means one -on -one educational instruction in general or specific academic subjects to children for t he purpose of supplementing regular school instruction. Services are intended to be in addition to normal school teachings and shall not be provided as a replacement or substitute for public or private school. A small tutoring service establishment provides services to not more than five (5) students at any given time. "Urgent Care Facility" means a public or private hospital -based or free - standing facility, which includes x -ray and laboratory equipment and a life support system, licensed or legally operating as an urgent care facility, primarily providing minor emergency and episodic medical care with one or more physicians, nurses, and x -ray technicians in attendance at all times when the facility is open. "Use" means the purpose for which land or a building is designed, arranged, or intended, or for which either is or may be occupied or maintained. "Accessory Use" see "Accessory Use ". "Allowed Use, Permitted Use" means a use of land identified by Article 2 (Zoning Districts, Allowable Land Uses, and Zone Specific Standards) as allowed or conditionally allowed that may be established with a permit or license, subject to compliance with all applicable provisions of Article 2. "Compatible Use" means a use that by its manner of operation is suitable in the district in which it may generally be considered as a primary use or is reasonable given its proximity to residential or other known sensitive uses. Said use of land and /or buildings shall be in harmony with the uses on the property as well as abutting properties. "Conditional Use" means a use permitted on a particular lot and within a zone only upon 40 1 TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 34 • a finding that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in the Zoning Code, and requires authorization by either the Planning Commission or City Council, and the granting of a valid permit. "Conforming Use" means a lawfully established use of property that operates in compliance with all applicable provisions of this Development Code. "Primary Use" means the principal or predominant use of any lot, building, or structure. "Secondary Use" means any use that is specifically allowed in the zone in which it is located but is subordinate to the primary use in terms of occupied structure area or lot area. "Sensitive Use" means any kindergarten, elementary school, middle school, high school, public library, public park, religious institution, or youth- oriented establishment characterized by either or both of the following: (1) the establishment advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors; or (2) the individuals who regularly patronize, congregate, or assemble at the establishment are predominantly minors. "Temporary Use" means a use of land that is designed, operated, and occupies a site for a limited period of time. "Usable Open Space" see "Open Space ". "Utilities" means all lines and facilities owned and /or operated by a licensed provider and related to the provision, distribution, collection, transmission, or disposal of water, storm drainage, sanitary sewage, oil, gas, electricity, information, telecommunications, telephone cable, and similar services. This includes facilities for the generation of electricity. This does not include "Wireless Telecommunications Facilities." "Vending Machine" Any unattended self- service device that, upon insertion of a coin, coins, or token, dispenses anything of value including food, water, beverages, goods, wares, merchandise or services. This does not include newspaper racks, automatic teller machines (ATMs), or public telephones. "Veterinary Services (Animal Hospital /Clinic)" means an establishment where household animals receive medical and surgical treatment and may be temporarily boarded (more than one night stay) in association with such medical or surgical treatment. Short-term animal boarding may be provided as an accessory use. "Wall" means a physical barrier constructed largely of masonry, brick, concrete, stucco, concrete block, or any combination thereof and intended to mark a boundary. "Warehouse Retail Store" means a store that emphasizes the packaging and sale of products in large quantities or volumes, some at discounted prices. Sites and buildings are usually large in character. Patrons may be required to pay membership fees. "Warehousing" means the storage of material goods including the performance of • administrative and physical functions associated with storage of goods and materials. These TITLE 17 -ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 35 functions include receipt, identification, inspection, verification, putting away, storage, retrieval for issue, etc. "Wholesaling" means the sale of commercial goods at or near production cost. "Wireless Communications Facilities (WCF)" see Article 3, Chapter 17.54. "Yard" means an open space on a lot, other than a court, unoccupied or unobstructed from the ground upward. "Yard Area" means the horizontal area between a property line and a parallel line along the nearest structure located outside of the required setback area. "Yard Area, Required" means the open space between a lot line and the building area within which no structure is permitted to be located. • "Y a e'.1 » fra the FequiFed F.nn♦ Fd the F.nn♦ let I'n I. FReaRs a yard exteRdiRg F ♦ .,h'nh side aFd shall be is ♦e the the dth Re .1 Fd FequiFed, Fd of h tally free. Rd at F gh♦ angles ♦n the side In♦ I'n TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 36 0 CJ 0 0 • C. ARTICLE 2 ZONING DISTRICTS, ALLOWABLE LAND USES AND ZONE - SPECIFIC STANDARDS Chapter 17.08 ESTABLISHMENT OF DISTRICTS AND GENERAL REQUIREMENTS Sections: Zoning District Name 17.08.010 Districts established. 17.08.020 Official zoning map. 17.08.030 Interpretation of zone boundaries. 17.08.040 Zoning of annexed property. 17.08.050 General requirements. 17.08.060 Hierarchy of zoning district restrictiveness. 17.08.010 Districts established. Rosemead shall be divided into zoning districts that implement the General Plan. These districts shall also classify, regulate, restrict and segregate the uses of land and buildings. The zoning districts described in Table 17.08.010.1 are hereby established, and shall be shown on the official Zoning Map adopted. Table 17.08.010.1 Zonina Districts Zoning Map Symbol Zoning District Name General Plan Land Use Classification Implemented by Zoning District Residential Zonin Districts R -1 Sin le -Famil Residential Low Density Residential R -2 Light Multiple Residential Medium Density Residential R -3 Medium Multiple Residential High Density Residential Commercial Zoning Districts P -O Professional Office Commercial C -1 Neighborhood Commercial Commercial C -3 Medium Commercial Commercial C -4 Regional Commercial High Intensity Commercial CBD Central Business District Commercial Business and Industrial Districts CI -MU Commercial /Industrial Mixed -Use Mixed -Use Industrial /Commercial M -1 Li ht Manufacturing and Industrial Office/Light Industrial Special Pur ose ning Districts P Automobile Parking Commercial P -D Planned Development All land use designations except High Intensity Commercial, Open Space and Cemetery O -S Open Space Open Space/Natural Resources Overlay Zones D -O Design Overlay RC -MUDO Residential /Commercial Mixed -Use Development Mixed -Use Residential /Commercial & Mixed -Use High Density Residential/ Commercial 17- AND ZONE SPECIFIC STANDARDS • 17.08.020 Official zoning map. The official Rosemead Zoning Map has been adopted separately by the City Council and is on file in the office of the City Clerk. The Zoning Map is made a part of this Title by reference, and all notations, references and other information shown thereon shall be as much a part of this Title as if such notations, references and information were fully set forth herein. All properties included in such zoning map are classified and zoned in accordance with the zoning designation shown on the Zoning Map. 17.08.030 Interpretation of zone boundaries. Where uncertainty exists as to the boundaries of any zone shown on the zoning map, the following provisions shall apply: A. Where such boundaries are indicated as approximately following street and alley lines or lot lines, such lines shall be construed to be such boundaries. B. In un- subdivided property or where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by the use of the scale appearing on the map. C. Where any public street or alley, or any portion thereof, is officially vacated or abandoned, the regulations applicable to abutting property shall apply to the centerline of such vacated or abandoned street or alley. D. Where any private right -of -way or easement of any railroad, railway, canal, channel, transportation or public utility company, or any portion thereof, is vacated or abandoned, the regulations applicable to abutting property shall apply to such vacated or abandoned property. E. All property in the City not otherwise zoned, and all property hereafter annexed and not zoned upon annexation, is classified as R -1 until such time as the City Council re- classifies the property consistent with the General Plan land use designation for the property. In case any uncertainty exists, the Community Development Director shall determine the location of boundaries pursuant to section 17.08.030. 17.08.040 Zoning of annexed property. A. Petition for pre - zoning. Upon the initiation of proceedings for the annexation of property to the City, the owner or owners may request the City to concurrently adopt the proposed zoning designation or designations for the property or properties involved in such annexation, in the event the property is annexed to the City. The City Council may also initiate proceedings for pre - zoning properties that may be annexed into the City. B. Pre - zoning optional. The proceedings for establishing the zoning of property pending proceedings for annexation of such property to the City, are optional, and are not to be construed as a condition precedent to the completion of any annexation proceeding. C. Adoption of zoning. • TITLE 17- ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 12 AND ZONE SPECIFIC STANDARDS ® Procedures for application, notice and hearings for pre - zonings shall be in accordance with Chapter 17.152, General Plan, Zoning Map and Zoning Code Amendments. The City Council shall classify property to be annexed for zoning purposes in accordance with the General Plan, and in accordance with its determination, to be effective upon the date of annexation of the property to the City. • 17.08.050 General requirements. A. Conflicting regulations. Where any provision of this Title imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other requirements, law or ordinance, or by private covenants, then the provisions of this Title shall control in the event of any conflict between such specific provision or regulation and a general provision. B. Additional permitted uses. Uses of land not listed as permitted in Sections 17.12.020, 17.16.020, 17.16.030.C.3, 17.20.020, 17.24.020, and 17.28.020 shall not be permitted unless any such unlisted use is determined to be permitted by the Community Development Director in accordance with section 17.04.040. C. Regulations applicable to all zones. The general regulations provided in this section shall apply to all land and development subject to this Title. In the event of a conflict between these general regulations and the regulations provided with respect to a specific zone, the latter shall prevail. 1. Uses Permitted. No building shall be erected, and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building or premises be used, designed or intended to be used for any purpose or in any manner other than a use listed in this Title, or amendments thereto, as permitted in the respective zone in which such land, building or premises is located. 2. Building Height. Where a building height is given, this shall be the maximum building height, except as specifically authorized in Article 2, Chapter 17.12 (Residential Zoning Districts), Chapter 17.16 (Commercial Zoning Districts), Chapter 17.20 (Commercial and Industrial Zoning Districts), Chapter 17.24 (Special Purpose Zoning Districts), and 17.28 (Overlay Zones). Except as hereinafter provided, no building shall be erected nor any existing building be moved, reconstructed or structurally altered to exceed in height the limit established by this Title, or amendments thereto, for the zone in which such building is located. No penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment; towers, roof signs, or other similar structures shall exceed the height limit provided in this Title, except as may otherwise be permitted. Radio and television masts, and steeples aad flagpoles may extend not more than thirty (30) feet above the height limit provided in this Title, provided that in the opinion of the Building Official the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances. Ground- mounted flagpoles shall be allowed in residential zones to a maximum height of 28 feet and in nonresidential zones to a maximum height of 35 feet. 'TITLE 17 -ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 13 AND ZONE SPECIFIC STANDARDS 3. Yards. Where a yard distance is given this shall be a minimum distance, except as here after provided: a. No building shall be erected nor shall any existing building be removed, altered, enlarged or rebuilt, nor shall any open spaces surrounding any building be encroached upon or reduced in any manner except in conformity with the yard regulations established by this Title, or amendments thereto, for the zone in which such building is located. b. No yard or other open space provided about any building for the purpose of complying with the regulations of this Title or amendments thereto, shall be considered as providing a yard or open space for any other building or structure. c. The front yard shall be measured from the front property line except that where there is an official plan line or a future street line, the front yard shall be measured from the official plan line or future street line. d. All required yards shall be established by minimum building setbacks as specified in the development standards tables for each of the zone districts. 1) Setbacks shall be the measurement between a property line or right -of -way line to the building line of any structure. 2) The building line of a structure shall be along the foundation or columns that support the structure's outside elevation. The outside wall of a cantilevered story above the first floor shall be considered the building line for the purpose of establishing the required setback. • 4. Lot Area and Dimension Area Requirements. • a) Where t#e a minimum lot area peF dwelling 6wit is given this shall be the minimum lot area. peF dW8I1iRg unit, previded, However, when any lot(s) has been legally created and is subsequently zoned to a minimum parcel size larger than the existing parcel size, said lot(s) shall be found to be legally non - conforming and shall not be subject to requirements for variance to minimum lot size for the development of uses that are permitted by right. b) Lot Width. Where a lot width is given this shall be a minimum distance. However, when any lot(s) has been legally created and is subsequently zoned to a minimum lot width larger than the existing lot width, said lot(s) shall be found to be legally non- conforming and shall not be subject to requirements for variance to minimum lot width for the development of uses that are permitted by right. c) Uses that have specific lot area or dimension requirements. A nonconforming lot due to lot width or lot area may be occupied by any use permitted in the zone in which it is located except for those uses which require a width, area, or other lot dimension other than the minimum specified in the area requirements of the zone. D. Building under construction. Any building or structure for which a building permit has been issued prior to the effective date of this Title may be completed and used in accordance with the plans, specifications and permits on which the building permit was granted, as long as the construction is TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 4 AND ZONE SPECIFIC STANDARDS • commenced within sixty (60) days after the issuance of the permit and diligently pursued to completion. E. Public street access for dwellings. Unless otherwise provided for in this Title, every dwelling shall have access to a public street or other permanent means of access to a public street by way of direct lot frontage or a public or private easement or passageway other than an alley. Through lots. On through lots, both lines separating such lot from a public street shall be designated as front lot lines. G. Utilities. The provisions of this Title shall have no application to utility facilities subject to the jurisdiction of and regulation by the State of California Public Utilities Commission. Street dedication and improvement. No building or structure shall be erected or enlarged, and no building permit shall be issued therefore, on any lot in any zone or in any planned development in any P -D zone of which lot is a part, other than R -1, R -2 or R -3 zone, if such lot abuts a Major arterial or Minor arterial, unless one -half of the street which is located on the same side of the street as such lot has been dedicated for the full width of the lot, subject to the following provisions: 1. Major and Minor arterials to which these provisions apply are those shown on the Circulation Plan for Major Rosemead Roadways in the Circulation Element of the General Plan. 2. The maximum area of land to be so dedicated shall be proportional to the impacts caused by the proposed development, and shall not exceed twenty -five (25) percent of any such lot. 3. Dedication and improvements shall be for the full frontage of the lot on a Major or Minor arterial, and shall meet the standards for Major and Minor Arterial streets as approved by the City Council and on file in the office of the City Engineer. 4. Any person required to dedicate and make improvements by the provisions of this section shall execute and deposit with the City Manager an instrument of conveyance executed by all parties of interest as shown by a preliminary title report prepared by a title company, and in such form as approved by the City Attorney, and with respect to improvements shall either make and complete such improvements to the satisfaction of the City Engineer or file with the City Manager a bond in such amount as the City Engineer shall estimate to be necessary to complete the improvements required. 5. Whenever any uncertainty may exist as to the application of the provisions of this section in the matter of street alignments, area of dedication, or improvement specifications, the City Engineer shall determine their application in conformity with the adopted Circulation Plan for Major Rosemead Roadways. 6. A property owner required to dedicate land under the provisions of this section may appeal any such requirement to the City Council. TITLE 17- ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 15 AND ZONE SPECIFIC STANDARDS • I. Variable height. In addition to the height requirements set forth in each zone, the following development standards shall apply. When the requirements of this section conflict with sections of this Municipal Code, the most restrictive shall apply: • • 1. All commercial, industrial, nonresidential planned development zones, and residential commercial mixed -use zones shall have a variable height limitation established when abutting R -1 and R -2 zones, described as follows and shown in Figure 17.08.050.1 Commercial Rear Yard Setback Adjacent to Residential Zones and Figure 17.08.050.2 Commercial Side Yard Setback Adjacent to Residential Zones: a. P -O, C -1, C -3, C -4, CBD, CI -MU, M -1, P -D, P, and RC -MUDO Zones Rear Yard Limitations. Establishing a height at fifteen (15) feet above the finished grade of adjacent residential property line and located twenty -five (25) feet from the rear property line, a sixty (60) degree incline plane is projected that establishes the height limitation. — LONING AK IGLC Z —LVN IN U VIJ I KI%o I J, ALLVWAOLCI AND ZONE SPECIFIC STANDARDS 9 • TITLE 17 - ZONING Figure 17.08.050.1 Variable Height Rear Yard Building Envelope VARIABLE HEIGHT REAR YARD BUILDING ENVELOPE HEIGHT LIMIT 15' 60° angle Calnnv+eW Mntl W IbrvMWeMW Po R VgRO �`da R1 & R2 RESIDENTIAL! Est r. UI 60° HEIGHT TABLE MEASURED FROM 25' SETBACK HORIZONTAL HEIGHT EXAMPLE loft 32.2 R 20 R 49.60 R 30 R 66.96 R AND ZONE SPECIFIC STANDARDS • b. P -O, C -1, C -3, C -4, CBD, CI -MU, M -1, P -D, P, and RC -MUDO '^US:,;a P--D- Zones Side Yard Limitations. Establishing a height at fifteen (15) feet above the finished grade of adjacent residential property line and located ten (10) feet from the side property line, a sixty (60) degree incline plane is projected that establishes the height limitation. • Figure 17.08.050.2 Variable Height Side Yard Building Envelope VARIABLE HEIGHT SIDE YARD BUILDING ENVELOPE HEIGHT LIMIT 15' 600 angle C—.mdW h.dw N- W..W PD lDF y a... ... Dnmm. iw 4R0 �}C Z" R1 & R2 RESIDENTIAL x 10' N 600 HEIGHT TABLE MEASURED FROM 10' SETBACK HORIZONTAL HEIGHT Exuma mn JL]2 n' zon 4u."R 3Dn W" 1 / — LUNINU AND ZONE SPECIFIC STANDARDS I1 L 2. When P -O, C -1, C -3, C -4, CBD, CI -MU, M -1, P -D, P, and RC -MUDO zone street frontage is opposite R -1 or R -2 zones, the inclined plane set forth in subsection (a)(1) of this section shall be used, commencing at a height of thirty -five (35) feet and located twenty (20) feet from the front property line facing the residential zone. Figure 17.08.050.3 Variable Height Front Yard Building Envelope VARIABLE HEIGHT FRONT YARD BUILDING ENVELOPE HEIGHT LIMIT 35' 60 angle IndmWal D00mmerlc No"esld Ne&Co 0e.M PD RONT Res.DORUn. mu y gi k,, sTRF�T ARO a;i;r�`rw h$ 81 & R2 RESIDENTIAL" 20' 60 °HEIGHTTABLE MEASURED FROM 20' FRONT SETBACK HORIZONTAL HEIGHT EXMPa E 108 52.138 208 09." In all zones, accessory buildings and structures, when abutting R -1 and R -2 zones shall not exceed a height of nine (9) feet above the adjacent residential finished grade, and when abutting R -3 development, the height shall not exceed fifteen (15) feet provided a five -foot setback is maintained. J. Trash enclosures. Enclosed solid waste collection areas shall be conveniently located and shall be an integral part of the architectural development of properties with three (3) or more residential units and all properties with non - residential development. See Article 4, Chapter 17.64 • (Accessory Structures) for the development standards of trash enclosures. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 9 AND ZONE SPECIFIC STANDARDS 0 0 • Security bars. Metal security bars, gates, grilles, shutters, or wire mesh shall not be used on the exterior of any door or window that is visible from any street or other public space. L. Visible Street Address. The street address of a development shall be clearly visible from the street to which the building is addressed. M. Transit measures. New multifamily developments in the R3 zone and all commercial, industrial, mixed use and overlay zones shall incorporate both local and regional transit measures into project design that promotes the use of alternative modes of transportation and /or construct, contribute or dedicate land for the provision of on -site bicycle trails linking the facility to designated bicycle commuting routes, in accordance with the trip reduction regulations in Chapter 12.32 of the Municipal Code. 17.08.060 Hierarchy of zoning district restrictiveness. The following base zone districts are listed in the order of most restrictive permitted uses to least restrictive permitted uses: P Automobile Parking Zone O -S Open Space Zone R -1 Single Family Residential R -2 Light Multiple Residential Zone R -3 Medium Multiple Residential Zone P -O Professional Office Zone C -1 Neighborhood Commercial Zone C -4 Regional Commercial Zone CBD Central Business District Zone C -3 Medium Commercial Zone CI -MU Commercial /Industrial Mixed -Use Zone M -1 Light Manufacturing and Industrial Zone P -D Planned Development Zone Overlay designations are not included in the order of restrictiveness. TITLE 17- ZONING AND ZONE SPECIFIC STANDARDS • Chapter 17.12 RESIDENTIAL ZONING DISTRICTS Sections: 17.12.010 Purpose. 17.12.020 Residential district land uses and permit requirements. 17.12.030 Residential district development standards. • 17.12.010 Purpose. The purpose of the individual residential zoning districts and the manner in which they are applied are as follows: A. Single- family residential (R -1) district. The R -1 zoning district identifies areas characterized by single - family dwellings. The standards of the R -1 district are intended to protect the existing density and maintain the character of the City's single - family residential neighborhoods, consistent with the General Plan Low Density Residential land use designation. B. Light multiple residential (R -2) district. The R -2 zoning district identifies areas characterized by single - family dwellings and duplexes. The R -2 standards are intended to maintain the character of existing neighborhoods while allowing the opportunity for duplex and smaller lot single - family development that is consistent with the General Plan Medium Density Residential land use designation. C. Medium multiple residential (R -3) district. The R -3 zoning district identifies areas characterized by higher density attached homes, apartments, and condominiums. The standards of the R -3 district are intended to ensure that new development is compatible with the character of existing neighborhoods while allowing for a mix of housing types, consistent with the General Plan High Density Residential land use designation. 17.12.020 Residential district land uses and permit requirements. Table 17.12.020.1, Uses in Residential Districts, identifies the uses of land allowed in each residential zoning district, and the land use permit required, if any, to establish each use. Where the last column in the tables (Specific Use Regulations) includes a section reference number, the regulations in the referenced section apply to the use in addition to those shown in the table. - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE AND ZONE SPECIFIC STANDARDS �J 0 Table 17.12.020.1 Uses in Residential Districts Residential Uses See section 17.12.030 for district Single- family Dwellings P P P Emu Residential Uses See section 17.12.030 for district Single- family Dwellings P P P specific requirements. See Chapter 17.42 for Manufactured Homes. See section 17.12.030 for district Two - family Dwellings (Duplex) __ p p specific requirements. Multiple - family Dwellings -- -- DR See sections 17.12.030 for district specific requirements. p p p See Article 3, Chapter 17.30, Section Second Dwelling Unit, Single -story 17.30.190 (Second Dwelling Units) Second Dwelling Unit, Two -story CUP CUP CUP See Article 3, Chapter 17.30, Section 17.30.190 (Second Dwelling Units) Mobile Home Parks AUP AUP AUP See Article 3, Chapter 17.46 (Mobile Home Parks and Park Conversions) Care Uses See Article 3, Chapter 17.30, Section Child Care Home, Small Family (8 or fewer) P P P 17.30.160 (Large and Small Family Child Day Care Home Facilities) See Article 3, Chapter 17.30, Section Child Care Home, Large Family (9 to 14) -- AUP AUP 17.30.160 (Large and Small Family Child Day Care Home Facilities) Residential Care Facilities (6 or fewer) P P P Residential Care Facilities (7 or more) -- CUP CUP Transitional Housing -- -- P Notes: P Permitted Use A Permitted Accessory Use AUP Administrative Use Permit Required CUP Conditional Use Permit Required -- Use Not Allowed • TITLE 17 — ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE LAND USES 112 AND ZONE SPECIFIC STANDARDS 0 • Table 17.12.020.1 Uses in Residential Districts (Continued) ' Agriculture and Animal- Related Uses ,-,i k rCr rri sw-v. an Use Regwrements by Distract Specific Use Regulations Animal Keeping A A ' Agriculture and Animal- Related Uses See Title 6 (Animals) of the Animal Keeping A A A Municipal Code Horticulture — Private A A A Other Uses See Section 17.12.030 and Article 3 Accessory Structures A A A Chapter 17.32 (Accessory Structures Educational Institution - Private CUP CUP CUP Educational Institution - Public P P P Home Occupations, including Cottage Food A A A See Title 5, Chapter 5.41 (Home Operations. Occupations) Lighted outdoor sporting field or court (tennis, CUP CUP CUP See Article 4, Section 17.68.060 basketball, etc.). Places of Religious Assembly CUP CUP CUP Public Buildings and Facilities ALP AUP ALP Public Utility Facilities P P P Telecommunication Facilities, not including CUP CUP CUP Wireless Telecommunication Facilities Temporary Uses and Special Events See Article 5, Chapter 124 (Temporary Use Permits and Special Events) Notes: P Permitted Use A Permitted Accessory Use AUP Administrative Use Permit Required CUP Conditional Use Permit Required -- Use Not Allowed rITLE 17— ZONING AND ZONE SPECIFIC STANDARDS 17.12.030 Residential District Development Standards. A. General requirements. 1. New land uses and structures and alterations to existing land uses and structures in the R -1, R -2 and R -3 zones shall conform to the requirements in Table 17.12.030.1 (Residential District Development Standards) as well as specific district standards listed below. Table 17.12.030.1 Residential District Development Standards • TITLE 17— ZONING ARTICLE 2— ZONING DISTRICTS, ALLOWABLE LAND USES 114 AND ZONE SPECIFIC STANDARDS Requirement by Zoning District Development Feature R•1 R -2 R•3 Notes and Exceptions Minimum Lot Area 6,000 sq. ft. 6,000 sq. ft. 10,000 sq. ft. Lot Area /Unit 6.000 sq. ft. 3,630 sq. ft. 1,450 sq. ft. See Article 4, Minimum Lot Width 50 ft. 50 ft. 70 ft. Chapter 17.108 for Flag Lots. Minimum 1st Floor and Maximum 2nd Floor Area Requirements Single and Two - family Dwellings (Excluding Garage and Other Non - habitable Space) Floor Area Requirements 1st Floor 1,000 sq. ft. 750 sq. ft. See Section Minimum 17.12.030.B.2.f 2nd Floor 75% of 1 st 75% of 1st for Multi - Family Dwellings Maximum floor area floor area See Section Floor Area Ratio 0.35:1 0.35:1 0.35:1 17.12.030.6.1.k for FAR Bonus Program Minimum Setbacks setbacks required Main Bldg 20 ft. 20 ft. 15 ft. Front Yard Setback is Garage 25 ft. 25 ft. required for front facing garages Greater of 5 Greater of 5 15 ft. for R -3 1st Floor ft. or 10% ft. or 10% 10ft. all floors abutting R -1 or Side Yard of lot width of lot width R -2 zone 5 fl. min. 15 ft. 5 ft. min. 15 ft. 15 ft. for R -3 Interior Lots 2nd Floor combined combined abutting R -1 or R -2 zone • TITLE 17— ZONING ARTICLE 2— ZONING DISTRICTS, ALLOWABLE LAND USES 114 AND ZONE SPECIFIC STANDARDS 0 Table 17.12.030.1 Residential District Development Standards (Continued) • TITLE 17 — ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE LAND USES 115 AND ZONE SPECIFIC STANDARDS Requirement by Zoning District Development Feature Notes an'd v, R -2 R -3 'I Exceptions st Greater of 5 Greater of 5 1 Floor ft. or 10% ft. or 10% interior side oflot width of lot width 10 ft. 5 ft. min. 5 k. min. all floors 2nd Floor 20 ft. 20 ft. See Section Side Yard interior side combined combined 17.12.030.B.2.a Corner Lots (Single - Family 1st Floor street 10 ft. 10 ft. and Two - Family side Development on 15 ft. a R -3 Lot) nd 10 ft. min. 10 ft. min. all floors Floor street 20 ft. 20 ft. side combined combined Less than 4 Lesser of 25 Lesser of 20 bedrooms and k. or 20% of ft. or 20% of See Section 2,000 s.f, lot depth lot depth 17.030.12.B.2.a Rear Yard 15 ft. (Single - Family More than 4 bedrooms and 35 k. 35 ft. and Two - Family 2,000 s.f. Development on a R -3 Lot) 2 stories & 2 stones & 3 stories & Height 30 ft. 30 ft. 35 ft. 20 ft Bldg. Separation 20 ft. 20 k. 25 k. front to (Dwellings) front Bldg. Separation 6 ft. 6 ft. 15 ft. ( Dec kslp roje ctio n sip o of s ) See Section 200 s.f. 17.12.030.B.2.e Open Space N/A N/A per unit for Multi - Family development Parking See Article 4, Chapter 17.112 (Off Street Parking and Loading) Fences & Walls Article 4, Chapter 17.68 (Fences, Walls, and Landscape Screening) • TITLE 17 — ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE LAND USES 115 AND ZONE SPECIFIC STANDARDS • 2. Applicability of conventional development standards. All development standards applicable to the zone designation of the lot shall apply without regard to whether the proposed dwelling is conventional or manufactured housing. B. District specific requirements. In addition to the general development requirements listed in Table 17.12.030.1, Residential District Development Standards, the following development standards apply to specific residential districts as shown: 1. R -1 and R -2 Zoning Districts a. Lot Coverage and Impervious Surfaces /Landscaping. A minimum of twenty percent (20 %) of the entire parcel shall be fully landscaped with plant materials. Pedestrian walkways, vehicular access ways and other impervious surfaces shall not collectively occupy more than fifty (50) percent of the front and side yard areas that are visible from a public right- of -way. Addition of impervious surfaces in these areas shall require a site plan subject to approval of the Community Development Director. All other portions of these areas shall be landscaped with lawn, trees, shrubs, plants and other plant landscape materials in compliance with any drought tolerance requirements in effect. b. Floor area maximum and minimum. 1) Residential dwelling units in the R -1 zone shall have a minimum ground floor area, exclusive of open porches or garages, of one thousand (1,000) square feet and residential dwelling units in the R -2 zone shall have a minimum ground floor area, exclusive of open porches or garages, of seven hundred fifty (750) square feet. 2) Total floor area of the second floor, including areas designated as covered or uncovered balconies, shall not exceed seventy -five percent 75% of the floor area of the first floor. For this calculation, floor area of the first floor shall only include first floor living area, and any floor area designated as garage floor area if the garage is attached. c. Front Driveway. Vehicle access ways (driveways) serving front facing garages shall be set back at least three (3) feet from any side property line. The maximum width of the access way shall not exceed twenty -five (25) feet for a two -car garage or thirty -five (35) feet for a three -car garage. d. Walkways. Pedestrian walkways on private property shall not exceed five (5) feet in width when located in front or side yard areas. e. Merged Lots. When two (2) or more lots are merged, the allowed lot Floor Area Ratio (FAR) shall be no larger than one hundred fifty (150) percent of the FAR allowance that would occur for the largest single lot. f. Landscaping. Landscaped areas shall be permanently maintained in a neat and orderly manner and shall comply with the following: 1) Landscaping shall not be permitted to limit or restrict the line of sight on any public right - of -way. 2) A minimum of one tree shall be planted in new or remodeled residential front yards for every fifty (50) feet of street frontage. • TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 116 AND ZONE SPECIFIC STANDARDS • g. Yard Encroachments. Required yard areas shall be kept open and unobstructed, except as follows: 1) Cornices, canopies, eaves, patios, fireplaces or other similar architectural features and exterior pad mounted heating, ventilation and air conditioning equipment may extend into required front, side or rear yards or required separations between buildings not to exceed two (2) feet. 2) Open, unenclosed, uncovered porches, platforms or landing places which do not extend above the level of the first floor of the building, may extend into any front, side or rear yard not more than six (6) feet. 3) Detached accessory buildings may occupy side and rear yards as provided in Article 3, Section 17.32.030. 4) Detached garages, cafperts, and patios may occupy not more than fifty (50) percent of a required rear yard. Swimming pools may occupy rear yards, but not required front or side yards, except that no swimming pool may be located less than five (5) feet from a property line. Attached accessory structures, shall comply with residential front, side, and rear yard setback requirements. 5) Storage in Yards. No portion of any side yard on the street side of a corner lot, or any portion of the rear yard on the street side of a corner lot unless it is screened with a solid block wall meeting the fence height requirements in Article 4, Chapter 17.68, or any portion of the front yard on any lot in a residential area shall be used for the permanent storage of motor vehicles, recreational, airplanes, boats, parts of any of the foregoing, rubbish, garbage, junk, tents, clotheslines, garage or trash receptacles, or building materials (except building materials used on the premises stored thereon during the time a valid permit is in effect for construction on the premises). `Permanent storage" as used in this subsection, means the • presence for a period of forty -eight (48) or more consecutive hours in the front or side yard. h. R -1 and R -2 Development Design Standards. 1) At least forty (40) percent of the street - facing wall of the second floor shall be set back a minimum of ten (10) feet from the street - facing wall of the first floor. 2) Reflective building materials are prohibited. 3) Exterior paint colors shall not exceed a light reflective value greater than forty (40) percent. 4) Mechanical elements (roof -top and ground - level) must be screened from view. 5) Residential front yard walls and fences may not exceed four (4) feet in height (including fencing, hedges, or other material). 6) Portable shade structures shall not be located in any side or front yard. 7) All garages shall match the main house in terms of color scheme, roofing material, roof pitch, gable orientation and design. 8) Hedges shall not encroach onto a curb or sidewalk or over a lot line. 9) Vehicles may not be parked on any lot except in the garage, on the driveway or parking apron or other approved hardscaped surface previously approved by the Planning Division. 10)The street address shall be clearly visible for all homes. 11)Remodels shall utilize materials, colors, architectural style and designs that match the existing structure. 12) Sidewall articulation shall be required on exterior walls that are not separated from an adjacent home by more than twenty -five (25) feet. 13)Entry treatment shall not exceed a maximum total height of twelve (12) feet for • single -story homes and fourteen (14) feet for two -story homes. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 17 AND ZONE SPECIFIC STANDARDS • 14)Bay windows shall not exceed the height of one story or encroach into a required side yard. 15)Any second floor exterior side wall that exceeds a length of twenty -four (24) feet shall require an offset of two (2) feet for a distance of not less than eight (8) feet. 16) Existing residential development proposed to remain on a lot, where new residential development is proposed, shall be renovated to match or complement the new construction in colors, materials and architectural style. All onsite conditions, such as landscaping and fencing, shall also be improved. ri U • i. Additional Site Plan and Design Review Requirements. In addition to general City of Rosemead Planning Division review and approval requirements for residential projects, the following items are also subject to ministerial review and approval: 1) A site plan and design review application shall be required to install hardscape directly adjacent to a new or remodeled residential driveway. 2) A no -fee permit shall be required to install new fencing or replacement fencing in any residential front yard. 3) A site plan and design review application shall be required to install a portable shade structure in the rear yard. 4) A site plan and design review application shall be required for any accessory building greater than one hundred twenty (120) square feet in floor area, whether the total area is in one building or cumulatively in multiple buildings, including storage structures and workshops, but not including required garages. 5) A site plan review by the DevelepmeRt Reyiew Committee shall be fegai; e' Discretionary Site Plan and Design Review. The following shall be subject to a discretionary Site Plan and Design review application, pursuant to the procedures in Chapter 17.120 (Applications and Processing) and Chapter 17.136 (Site Plan and Design Review) of this Title: 1) Any new dwelling unit to be constructed that equals or exceeds two thousand five hundred (2,500) square feet of developed living area. 2) Any addition to a dwelling unit in which the total floor area with the addition equals or exceeds two thousand five hundred (2,500) square feet of developed living area. 3) Any fill that would raise the building pad or front yard elevation by more than twenty - four (24) inches above the natural grade. k. Residential Design Incentives. An additional five (5) percent of bonus floor area may be obtained through the use of design incentives that are listed in Table 17.12.030.2. TITLE 17 - ZON AND ZONE SPECIFIC STANDARDS u • Table 17.12.030.2 Residential Bonus Floor Area Design Incentives Floor Area (FAR) Bonus Qualifying Design Elements Garages placed at the rear of the lot and not visible from the street 1.5% FAR BONUS Usage of windows that are recessed a minimum of 4 inches on the front elevation (per design element) Eave overhangs of 18- inches or more with exposed decorative rafter tails Porch design that extends a minimum of 50% of the front elevation. Landscape plan with 3 or more mature trees (defined as 24" box or larger) 1.0% FAR BONUS design Second floor fully contained within a pitched roof (per element) Use of true divided -light windows, doors and side lights Tandem garage design Second story top plate that does not exceed 20 feet in height Both side yard setbacks that exceed the zoning minimum by more than 5 feet Second floor setback that exceeds the zoning minimum by more than 10 feet on 75% of the front elevation Second floor setback that exceeds the zoning minimum by more than 5 feet on one side 0.5% FAR BONUS (per design element) Any new single -story home (instead of two -story) Use of single -hung or double -hung windows of the front elevation Use of landscape materials instead of fencing to create separation between public and private spaces No front yard fencing or fencing lower than 4 feet in height Use of natural architectural materials (such as wood and stone) Use of drought - tolerant plant materials and automatic irrigation with moisture sensors Use of interlocking pavers, decomposed granite or other decorative hardscape materials for walkways and driveways 2. R -3 Zoning District. Single - Family and Two - Family Development on R -3 Lots. If an R -3 lot is improved with two (2) or fewer dwelling units, such residential development shall comply with all R -2 Residential District Development Standards and R -2 District Specific Requirements outlined in Table 17.12.030.1 and Section 17.12.030.6.1, with the exception of the density requirement. One - family and two - family development on an R -3 lot shall comply with the density requirement of the R -3 zone. b. Maximum Heights. No building or structure shall exceed a height of thirty -five (35) feet or three (3) stories. Building or structure height means the vertical distance from grade, as defined in this section, to the highest point of the parapet or coping of a flat roof, or to a deck line of a mansard roof, or to the highest ridge of a pitched or hip roof. The first floor "finished floor" elevations at building entry points shall be a maximum of two (2) feet above the finished grade adjacent to the entry point. 1 ) "Existing ! Fade" n the elevation of the existing .fare of the n nd at the adjaGent a pFalgerty "Fes. Whe Fe, the eommen re e.ty rn is at a b!46- Sidewalk, alley eF other IJ'e way, the .note shall be the ele.,et'n of the Sidewalk, alley eF P61bliG Way. • TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 19 AND ZONE SPECIFIC STANDARDS • 2) "FRished GF aRS the ^I°„^.'^ ^f the F^•shed ground surfaee at the�mf ed six feet 'n height whe.e it or Mbined with a FetaiRiRg all c. Landscaping. All usable open space (i.e., pedestrian walkways, separations between buildings, yard areas, and common recreation areas) shall be landscaped and provided with permanent, moisture sensing devices and automatic underground irrigations systems, developed in accordance with an approved landscape plan and maintenance plan. Landscape design shall be subject to the following: 1) A landscape and irrigation plan, prepared by a professional landscape architect, shall be submitted to the Community Development Department along with the application for a site plan and design review. • 2) Except as provided in RMC Chapter 13.08, Water Efficient Landscapes, all plants and shrubs shall be living evergreen vines, shrubs, or ground cover, mowable grass, or a combination thereof. All trees shall be living, a minimum of 50% which shall be an evergreen type. The following minimum sizes shall apply: • Trees, fifteen (15) gallons; • Shrubs, five (5) gallons; and • Ground cover and vines from pots or rooted cuttings from flats spaced twelve (12) inches on center. 3) All landscape designs must incorporate energy and water conservation measures. 4) The developer and subsequent owners shall be responsible for maintaining the landscaping as shown on the approved plan. Maintenance shall include regular irrigation, weeding, fertilizing, and pruning of dead materials. 5) Landscaping shall not be permitted to limit or restrict the line of sight on any public right -of -way. d. Driveway Requirements. Minimum driveway design standards shall be as follows: 1) Two -way drives shall be twenty -six (26) feet in unobstructed width and thirteen (13) feet six (6) inches in unobstructed vertical clearance. The vertical clearance shall not be applicable to subterranean parking. 2) Building projections such as balconies may project no more than three (3) feet into the driveway width for a minimum horizontal clearance of twenty (20) feet. 3) All driveways shall comply with County of Los Angeles Fire Department Access Standards. • 4) All points of vehicular access to public rights -of -way shall be subject to approval TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 20 AND ZONE SPECIFIC STANDARDS • by the City's Public Works Department e. Usable Open Space. A minimum of two hundred (200) square feet of usable open space shall be provided for each dwelling unit. "Usable open space" means space designed for outdoor living, recreation, or landscaping, and may be located on the ground, or on an unenclosed balcony, deck or porch, including patios and deck areas of swimming pools. No areas utilized for vehicular driveways, parking, covered pedestrian access between structures or dwelling units shall constitute usable open space. f. Floor Area Requirements. Each apartment or dwelling unit shall have a minimum floor area, excluding garages, as follows: Table 17.12.030.3 R -3 Floor Area Requirements Unit Type Minimum Floor Area Studio Unit 600 square feet One Bedroom Unit 650 square feet Two Bedroom Unit 800 square feet For Each Additional Bedroom An additional 200 square feet 1) Storage and Utility Space. A single area having a minimum of two hundred forty (240) cubic feet of private and secure storage space shall be provided for each dwelling unit, exclusive of closets within the living space of the dwelling unit. Such storage may be located within the garage, provided it does not interfere • with automobile parking. 2) Maintenance Utility Space. Adequate storage space shall be provided in a main or accessory building for storage of maintenance equipment in projects with common recreational and landscape areas. Laundry facilities shall also be provided in a main or accessory building available and accessible to residents of all dwelling units not equipped with laundry space. 3) Trash Collection Facilities. Adequate refuse and solid waste collection containers shall be provided and be conveniently located near the dwelling units they serve. The refuse area location(s) shall provide for large refuse collection vehicle circulation and access from a public street or alley. See Chapter 17.64 (Accessory Structures) for development standards. 4) Building Length Limitations. The length of any building or wing of a building shall not exceed one hundred twenty (120) feet. Length means the distance between the opposing extremities of the building measured in a straight line. 5) Distances to Swimming Pools. There shall be a minimum distance of fifteen (15) feet measured horizontally between any swimming pool and the nearest point of any balcony, porch, second story patio, sun deck, or other architectural feature of a building or structure with windows, doors, or other openings of sufficient size to permit the passage of a person. 6) Discretionary Site Plan and Design Approval. Before issuance of a building permit for development of an apartment or multi - family dwelling in the R -3 zone, the developer shall submit for a site plan and design review application in conformance with Article 5, Chapter 17.120 (Applications and Processing) and Chapter 17.136 (Site Plan and Design Review). • TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 21 AND ZONE SPECIFIC STANDARDS Chapter 17.16 COMMERCIAL ZONING DISTRICTS Sections: 17.16.010 Purpose. 17.16.020 Commercial district land uses and permit requirements. 17.16.030 Commercial district development standards. 17.16.010 Purpose. The purpose of the individual commercial zoning districts and the manner in which they are applied are as follows: A. Professional Office (P -O) District. The P -O zoning district is intended to provide for office, professional and /or administrative service uses that are consistent with the General Plan Commercial land use designation. Limited retail and service commercial uses may be allowed when designed to meet the needs of the immediate employment population. B. Neighborhood Commercial (C -1) District. The C -1 zoning district is intended to provide for small -scale business activities which generally offer retailing or service- oriented uses serving the needs of nearby residents, consistent with the General Plan Commercial land use designation. C. Medium Commercial (C -3) District. The C -3 zoning district is intended to provide for small to medium scale commercial uses, emphasizing community serving retail, office and service uses, consistent with the General Plan Commercial land use designation. D. Regional Commercial (C -4) District. The C-4 zoning district is intended to provide opportunities for well- designed sub - regional commercial centers that provide goods and services in a larger retail form with ancillary smaller retail uses supporting the sub - regional commercial uses. The Regional Commercial areas will result in a higher level of site design, including architectural character and urban design, vehicular access, parking, landscaping, and pedestrian amenities, consistent with the General Plan High Intensity Commercial designation. E. Central Business District (CBD). The CBD zoning district is applied to the area along Valley Boulevard in the civic center area. It is intended to encourage medium scale commercial uses including retail, restaurant and cultural uses consistent with the General Plan Commercial land use designation. 17.16.020 Commercial district land uses and permit requirements. Table 17.16.020.1, Uses in Commercial Districts, identifies the uses of land allowed in each commercial zoning district, and the land use permit required, if any, to establish each use. Where the last column in the tables (Specific Use Regulations) includes a section reference number, the regulations in the referenced section apply to the use in addition to those shown in the table. • TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 122 AND ZONE SPECIFIC STANDARDS Ll • 0 TABLE 17.16.020.1 USES IN COMMERCIAL DISTRICTS Requirements by District -w . .. . Specific Use l and Use '` - aRegulations Retail uses such as: Alcoholic Beverage Retail Sale (off -sale) -- CUP CUP see section 17.1e.030.C.3 For C4 re CUP See Article 3, Chapter 17.30 Antique Store P P P Appliance Store and Repairs -- P P P Automobile Sales /Rentals (no repair) -- -- CUP -- Auto Parts Sales, Retail (no installation) -- P P P Bakeries -- P P P Beauty Supply Store -- P P P Bicycle and Mini -bike Sales with Incidental Repair _ P P P Book or Stationary Store -- P P P Clothing Store -- P P P Confectionary Shop -- P P P — — - R Convenience Store _ P P P See Article 3, Chapter 17.30 Department Store -- -- P P Drug Store -- P P P Dry Goods -- P P P Electronics Store — P P P Fabric Store — P P P Florist Shop -- P P P Furniture Store -- -- P P Gift Shop -- P P P Grocery/Supermarket -- -- P P Notes: P Permitted Use A Permitted Accessory Use -- Use not allowed CUP Conditional Use Permit required AUP Administrative Use Permit required TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 23 AND ZONE SPECIFIC STANDARDS 0 • • TABLE 17.16.020.1 USES IN COMMERCIAL DISTRICTS (Continued) Requirements by District - Specific Use Land Use Regulations P-O C -1, C -3 I C-4 CBD Retail uses such as: (Continued) Hardware Store -- P P see sect. 17.16.030.0.3 for Canine P Hobby Shop -- P P P Home Furnishings and Decorating Accessories Store _ _ P P Home Improvement Center — — P — Horticultural Sales (nursery) with Outdoor Display _- -- CUP Jewelry Store -- P P P Meal Market/Delicatessen no slaughtering) P P P Music Store and PStFUetlOR -- P P P Open Air Markets held on a recurring basis (farm or craft markets, produce markets, and similar use ) — — CUP CUP Outlet Center — — P — Paint and Wallpaper Store — P P P Pawn Shop -- — -- -- Pet Store — P P P Photography /Camera shop -- P P P Retail Store -- P P P Secondhand Store -- — CUP — Shopping Center — P P P Shoe Store -- P P P Warehouse Retail Store -- — CUP — Notes: P Permitted A Permitted Accessory Use •• Use not allowed CUP Conditional Use Permit required AUP Administrative Use Permit required TITLE 17 — ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE AND ZONE SPECIFIC STANDARDS 0 0 TABLE 17.16.020.1 USES IN COMMERCIAL DISTRICTS (Continued) ,.Land Use -' Requirements -by District - ,Specific Use'" Regula'tions - - P -0 - C -1 C -3 C-6 CBD Business, Financial, and Professional uses such as: ATM A A A A See Article 3, Chapter see San. 1730 Financial Institutions and related services P P P 17.115.030C.3 1 Uses A Offices, Business, or Corporate P A P P Eating and Drinking Establishments : Accessory Food Service (open to public) -- A A A See Article 3, Chapter Bars, Lounges, Nightclubs, and Taverns 9 9 -- -- CUP See Seclbn CUP 17.30 for Alcohol Sales Fast Food — -- P P See Article 3, Chapter Outdoor Dining (up to B00 sq. ft.) -- -- A 17.16030.0.3 for Cd Uses A 77.30 Outdoor Dining (more than 800 sq. ft.) -- -- AUP __ See Article 3, Chapter 77.30 See Article Chapter Restaurant — Sit -down -- P P P 17.30 0 for Alcohol Sales Take -Out Service -- P P A Services Uses - General: Acupuncture and Acupressure P — P -- No overnight boarding Animal Grooming 9 _ -- P of animals allowed No overnight boarding Animal Da Care Y -- -- CUP _ of animals allowed Animal Hospital/Clinic (not including _ CUP — Kennel Automobile Car Wash /Detailing — — CUP — See Article 3, Chapter See Secsm 77.30 See Article 3, Chapter Automobile Lube and Tune Facility — — CUP 17 6.030.C.3 — 1730 for C< Uses Automobile Service Station (fuel, CUP CUP CUP See Article 3, Chapter maintenance ) 17.30 Barber and Beauty Shop -- P P P Catering Service -- P P P Clothing Rental Shop -- -- P P Dry Cleaning Pick -Up Store -- P P P No equipment Notes: P Permitted Use A Permitted Accessory Use •• Use not allowed CUP Conditional Use Permit required AUP Administrative Use Permit required TITLE 17 — ZONING ARTICLE 2 — AND ZONE SPECIFIC STANDARDS 0 `l Cell TABLE 17.16.020.1 USES IN COMMERCIAL DISTRICTS (Continued) Land Use Requirements by District Specific Use Regulations P -0 CA C -3 C-4 CBD Services Uses - General: (Continued) Electronics repair shop — P P See section 17.16.030.0.3 or C< Uses P Employment agencies P P P — Landromals (Self- service Laundries) -- P P P Locksmith -- P P P Nail Salon -- P P P Postal and Mailing Service A P P P Shoe Repair Shop -- P P P Studio Art, Dance, Martial Arts, Music -- -- AUP ALP Tailors and Seamstresses -- P P P Services Uses - Restricted: Beauty Health Spa — — AUP 1Sees o.G3 fo` ca Uses AUP Check Cashing — — CUP -- Fortune Telling -- -- AUP -- Hotel /Motel -- -- CUP CUP See Article 3, Chapter 17.30 Massage Services — -- AUP -- See Title 5, Chapter 5.24, relating to Business License Requirements for Massage Uses Care Uses: Day Care Facility — CUP CUP see Sufi«, 17.16.030.0.3 for ca uses -- Seniors Congregate Care (Housing) — -- CUP -- Medical- Related and Social Services: Ambulance Service (Limited fleet) -- -- AUP -- Emergency /Urgent Care Clinic -- -- P 17 rU es .3 Uses _ Hospital -- -- CUP -- Notes: P Permitted Use A Permitted Accessory Use -- Use not allowed CUP Conditional Use Permit required AUP Administrative Use Permit required TITLE 17 — AND ZONE SPECIFIC STANDARDS USES . 1 26 0 0 O TABLE 17.16.020.1 USES IN COMMERCIAL DISTRICTS (Continued) 'Land Use Requirements by District . Spenfc,Use � Reguletioris.- P -O - C -1 C,3 C4 CBD - Medical - Related and Social Services: Medical, Dental Clinics and Offices P P P P Medical Lab A -- P -- Medical Supplies A P P -- Outpatient Surgery/Care Facilities P -- P -- Pharmacy A P P P Transportation, Communication, and Infrastructure Uses: Automobile Parking Facilities as principal use subterranean and structures A -- CUP 477e section 10.03o.C.a or Cd Uses CUP . Utilities - P P P P Recreation and Education: Billiards, Pool Halls -- -- CUP See Section 17.16.030.0.3 for C-d uses -- See Chapter 5.16 Commercial Recreation -- -- CUP CUP Entertainment Accessory Use (Karaoke. Live Band, Piano, Singer, Dancing) -- -- A A See Chapter 5.12 Game Arcade, Internet Cate, or Similar Business -- CUP CUP See Article 3, Chapter 17.30 Health Fitness Facilities (up to 2,000 sq. ft.) -- -- AUP ALP Health Fitness Facilities (more than 2,000 sq. ft. -- _ CUP CUP KTV Studios (Karaoke) -- -- CUP -- S7 30 Article 3, Chapter Library — — P P Movie Theater — — CUP — Museums -- — CUP — Schools, Private — — CUP — Schools, Trade, Vocational — — CUP — Studio, Art, Dance, Martial Arts, Music (up to 2,000 sq. ft. _ AUP AUP AUP Studio, Art, Dance, Martial Arts, Music more than to 2,000 sq. M. -- CUP CUP CUP Notes: P Permitted Use A Permitted Accessory Use -• Use not allowed CUP Conditional Use Permit required AUP Administrative Use Permit required TITLE 17— ZONING ARTICLE 2— AND ZONE SPECIFIC STANDARDS Q O TABLE 17.16.020.1 USES IN COMMERCIAL DISTRICTS (Continued) :.Land Use Requirements by District - .Specific Use ' - .:Regulations;. P-0 f 6-1. C -3 I C-4 CBD Recreation and Education (Continued): Tutoring Services (large) CUP -- CUP CUP Tutoring Services (small) P -- P P Other Uses: 3, Chapter S7 Accessory Structures A A A See section A 3Z rticle Assembly /Meeting Facilities CUP CUP CUP A 17.16.030.brc.ac 3 3, Chapter 17 Donation Box (Charitable) -- -- J..$ -- 30 rticle Drive - through or Drive- up Facilities -- -- P P See Article 3, Chapter 17.30 Government Buildings and Facilities -- — P P Outdoor Displays See Chapter 17.76 (Outdoor Sales and Garage Sales) Recycling Facilities, Reverse Vending AUP AUP see section __ See Article 3, Chapter Machines and Small Collection Facilities 17.16.030.C.3 ruee�ts 17.30 Single Room Occupancy (SRO) CUP CUP See Article 3, Chapter Developments _ _ 17.30 Special Events See Article 5, Chapter 124 (Temporary Use Permits and Special Events) See sece Studios, Recording /Film — — CUP 17.rorc.3 C — Temporary Uses See Article 5, Chapter 124 (Temporary Use Permits and Special Events) Notes: P Permitted Use A Permitted Accessory Use -- Use not allowed CUP Conditional Use Permit required AUP Administrative Use Permit required TITLE 17— ZONING ARTICLE 2— ZONING DISTRICTS, ALLOWABLE LAND USES 28 AND ZONE SPECIFIC STANDARDS OA. Performance standards. The following performance standards shall apply to all commercial uses located in the P -O, C -1, C -3, C -4, and CBD zone districts. Smoke. No use may emit from a vent, stack, chimney, or combustion process any smoke or emission, other than water vapor, that is visible to the naked eye and violates any standards established by the South Coast Air Quality Management District and the California Air Resources Board. 2. Noise. No use may violate the City's noise standards. 3. Vibration. No use may generate any ground- transmitted vibration that is perceptible to the human sense of touch measured at the outside boundary of the immediate space occupied by the enterprise generating the vibration if the enterprise is one of several located on a lot, or lot line if the enterprise generating the vibration is the only enterprise located on a lot. Odors. No use may generate any obnoxious or adverse odor that can be detected beyond the boundary of the lot occupied by that use. 5. Electrical disturbance or interference. No use may create any electrical disturbance that adversely affects any operations, equipment, appliances, communications devices, or other electrical devices other than those of the creator of such disturbances 6. Stormwater runoff. The construction of any new building, and all activities conducted indoors o and out of doors, shall comply with stormwater runoff regulations and National Pollution Discharge Elimination Systems (NPDES) requirements. • Business license required. A valid business license, obtained pursuant to Title 5 of the Rosemead Municipal Code, shall be required as a condition of obtaining any permit or authority to establish a use under this Zoning Code. C. Site Plan and Design Review application required. 1. A Site Plan and Design Review application shall be submitted in accordance with the requirements of Article 5, Chapter 17.120 (Applications and Processing) and Chapter 17.136 (Site Plan and Design Review) for any new commercial development or any addition to an existing development in the P -O, C -1, C -3, CBD as follows: a. Any proposal to construct a new building of 3,000 gross square feet or more, or the addition of 3,000 square feet, or an addition that exceeds fifty (50) percent of the existing Floor area shall require a discretionary review. b. Notwithstanding the provisions of Chapter 17.28 (Overlay Zones), any proposal to construct less than 3,000 square feet of new construction shall be subject to City staff - level review coordinated by the Community Development Department. 2. See Section 17.16.030.0 for development review application requirements in the C4 zone. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 129 AND ZONE SPECIFIC STANDARDS • 17.16.030 Commercial District Development Standards. u LJ A. General requirements. 1. Development Standards Table. New land uses and structures and alterations to existing land uses and structures in the P -O, C -1, C -3, C -4, and CBD zones shall conform to the requirements in Table 17.16.2, Commercial District Development Standards, as well as specific district standards listed below. Table 17.16.030.1 Commercial District Development Standards Development Feature Requirement 6y Zoning District P-0. C -1 C -3 Cd CBD Minimum Lot Area 10,000 sq. ft. 5,000 sq. ft. 5,000 sq. ft. Area #1 15 ac Area #2 3 ac 5,000 sq. ft. Minimum Lot Width /Depth 50 ft. 50 ft. 50 ft. 100 ft. 50 ft. Floor Area Ratio (FAR) See General Plan See General Plan See General Plan See General Plan See General Plan Setbacks Minimum setbacks required Front 10 ft. 0 ft. 0 ft. 20 ft. None Side None None None 0 or x 10 ft. None Side Adjoining Residential Zone 10 ft. 10 ft. 15 ft. 15 ft. 5 ft. Rear 20 ft. None None 0 or z 10 ft. None Rear Adjoining Residential Zone 20 ft. 20 ft. 15 ft. 20 ft. 10 ft. Height 50 ft. 35 ft. 75 ft. 75 ft. 50 ft. Height Adjoining Residential Zone See Section 17.08.0501 (Variable Height) Parking See Chapter 17.112 (Off Street Parking & Loading) — ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE LAND USES 130 AND ZONE SPECIFIC STANDARDS • 2. Restrictions of the Division of Space. All planned division of office, retail, or other space within a building shall be shown on building plans. No further division of space for individual lease or use purposes beyond that shown on approved plans shall be permitted without the approval of the Community Development Director. Each lease space shall contain no less than 800 square feet of gross floor area. 3. Exceptions to Height Limit. Through the application of a discretionary Site Plan and Design Review application in accordance with the provisions in Article 5, Chapter 17.136, the Planning Commission may allow the numerical height requirement, indicated as maximum feet in this section, to exceed the maximum by no more than five (5) 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. 4. Encroachments. a. No part of the structure, permanent attachment or other similar architectural feature may extend into: 1) Any required front, side, or rear yard or minimum distance between buildings for more than two (2) feet. 2) The public right -of -way without approval of an encroachment permit. b. Hedges or any other shrubs or landscaping shall not encroach onto a curb or sidewalk or over a lot line. 5. 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 (2) feet of the curb but must clear the sidewalk vertically by at least eight (8) 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. 6. Landscape and Irrigation Plans. a. Landscape and irrigation plans for any development within a commercial zone, including the type and location of plant materials to be used, shall be submitted to the Planning Division for review and approval by the Community Development Director. b. A total of 6% of the gross lot area shall be landscaped. The landscape plan shall be designed and installed such that much of the landscaping is visible from the public street or thoroughfare. Additional site landscaping maybe required for conditionally permitted uses or developments that require the approval of a discretionary Site Plan and Design Review application. c. An automatic irrigation system installed below ground except for sprinkler heads shall be • permanently maintained in all landscaped areas. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 31 AND ZONE SPECIFIC STANDARDS • d. All landscaping shall be maintained in a neat and healthy condition. e. Parking lot landscaping shall include a minimum of one (1) tree per one thousand five hundred (1,500) square feet of parking area. Trees shall be located in groupings or in regular intervals or in such a manner as to enhance the appearance of the parking lot. f. Landscaped areas shall comply with the City of Rosemead Water Efficient Landscape Ordinance. 7. Fences/Walls /Landscape Screening. Each development shall be improved with fencing, walls, and landscape screening in accordance with Article 4, Chapter 17.68. 8. Lighting. Each development shall be improved with lighting facilities in accordance with Article 4, Chapter 17.88. 9. Mechanical Equipment, Loading Zones, and Service Area Screening. 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. c. 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. d. 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. 10. Trash. Each development shall be improved with solid waste and recyclable material collection in accordance with Article 3, Chapter 17.32 (Accessory Structures). 11. Outside Storage. The following provisions apply to uses with outside storage areas: a. Outside storage (not for display purposes) is permitted on the rear area of a lot or parcel of land. On corner lots or where site coverage or topography make rear yard storage impossible or impose a severe hardship upon the owner or occupant of the parcel, storage may be permitted, subject to the approval of the Community Development Director, in a side yard or open yard adjacent to a corner. b. Any outdoor area used for storage shall be completely enclosed by a solid masonry wall and solid gate not less than six (6) feet in height. The Community Development Director may approve the substitution of a fence or decorative wall where such fence or wall provides adequate visual clearance, is structurally adequate, and equivalent in decorative TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 132 AND ZONE SPECIFIC STANDARDS • appearance. In no event shall the height of such storage exceed the height of the wall or fence enclosing the storage area. C. District specific requirements. In addition to the general development requirements listed in Table 17.16.030.1, Commercial District Development Standards, the following development standards apply to specific commercial districts as shown: 1. P -O Zoning District a. Accessory Uses. Pharmacies, snack bars, cafeterias, copy and mail centers and other similar uses may be permitted as accessory uses where said use is less than 5% of the total net floor area of the professional office use and is established to primarily service the businesses on the same site. b. Signs— Content and location. In addition to the requirements of Chapter 17.116 (Signs), signs in the P -O zone shall also be required to comply with the following: 1) Any exterior sign displayed shall pertain only to the name and address or use conducted within the building, shall be attached flat against a wall of the building and parallel with its horizontal dimension, and shall front on the principal street, a parking area in the rear, or, in the case of a corner building, that portion of the side street within fifty (50) feet of the principal street. In no case shall a sign project above the roofline, have moving parts, flashing lights or animated lighting. The total area of such signs shall not exceed one square foot of sign area for each two (2) linear feet of building frontage. 2) The square footage of a sign made up of letters, words or symbols within a frame shall be determined from the outside edge of the frame itself. The square footage of a sign composed of only letters, words or symbols shall be determined from imaginary, straight lines drawn around the entire copy or grouping of such letters, words or symbols. Only those portions of the construction elements that are an integral part of the sign itself shall be considered in the allocation of square footage allowed. An obvious border designed as an integral part of the sign shall be calculated in the total square footage allowed. 2. C -1, C -3, and CBD Zoning Districts. a. Manufacturing shall not be permitted in the C -3 and CBD zones, except that manufacturing as an appurtenant function of a permitted use may be permitted, provided the manufacturing operation is of a minor, accessory and limited nature and occupies not more than twenty -five (25) percent of the floor area devoted to the permitted use. b. Furniture stores. Furniture stores in the C -3 and CBD zones shall be limited to new furniture, except that any 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) of the total retail area, whichever is less. c. Appliance /Electronic Stores and Repairs. Appliance /Electronic stores and repairs in the C -1, C -3, and CBD zones shall be limited to new appliances and electronics, except that used appliances and electronics taken in trade may be repaired and serviced, provided such used appliance sales do not exceed twenty five percent of gross floor area or.twenty 2- ZONING DISTRICTS, ALLOWABLE LAND USES 33 AND ZONE SPECIFIC STANDARDS • five (25) percent of total retail area, whichever is less, and shall be located to the rear of the main retail area. • 3. C -4 Zoning District. The following regulations shall apply to the C -4 Regional Commercial zone unless otherwise provided in this Title. a. The C -4 Regional Commercial designation consists of two project areas as outlined below: 1) Project Area 1. This area consists of eleven (11) parcels of land totaling approximately 15.8 acres, located on the north side of Garvey Avenue between Del Mar Avenue and San Gabriel Avenue. This area is bounded by Garvey Avenue to the south, Strathmore Avenue to the west, single - family residential land uses to the north, and Paradise Trailer Park and Apartments to the east. 2) Project Area 2. This area is located on the southeast corner of Valley Boulevard and Walnut Grove Avenue, and includes three (3) parcels totaling approximately 3.4 acres. Rubio Wash is located just south of site and a combination of commercial and single - family residential land uses are located to the east. b. Approval Procedure. A precise plan of design for a commercial development shall be submitted for Design Review and appreved reviewed in accordance with the requirements of Chapter 17.28, Section 17.28.020, with the exception that the City Council shall approve or disapprove such project upon receiving a recommendation from the Planning Commission that the project satisfies the following criteria for the C -4 zone: 1) Establish a well - balanced and carefully planned collection of signature commercial retail anchors, general retail outlets, and casual to upscale restaurants, which take advantage of the site's accessibility to major roadway corridors; 2) Allow for the development of site in a manner which will provide a productive use of commercial opportunities; 3) Expand commercial retail and restaurant options for local customers by providing daytime and nighttime shopping and dining opportunities in a safe and secure environment; 4) Augment the City's economic base by providing a variety of tax generating uses; 5) Create employment generating opportunities for the residents of Rosemead and surrounding communities; 6) Require consistent and rational development of the site(s) in accordance with established and functional aesthetic standards; and 7) Minimize impacts on surrounding residential neighborhoods by providing adequate mitigation measures that address project access, loading and unloading activities, parking, development scale and massing, screening, noise, lighting, and architectural design. c. Uses and Floor Area Requirements. The C -4 Regional Commercial zone provides opportunities for commercial retail and restaurant related uses. Although not limited to just the uses shown in the tables below, the following mix of land uses and building sizes identified in Table 17.16.030.2 and Table 17.16.030.3 following reflect the General Plan direction for the two Project Areas. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES .34 AND ZONE SPECIFIC STANDARDS • TABLE 17.16.030.2 LAND USE AND BUILDING FLOOR AREA REQUIREMENTS FOR PROJECT AREA 1 (as identified in the General Plan) E • rlTLE 17 -ZONING AND ZONE SPECIFIC STANDARDS 'x Building. Floor Area Range: - Permitted Use Mix Minimum — Maximum The primary use of the site shall have a major anchor tenant (75,000 — 140,000 square feet) and /or a hotel use. Large Retail Center with Anchor Tenants: Consumer electronics and appliances retail, department store, discount and variety store, home improvement, and 75,000 — 140,000 s.f hardware store General Retail Outlets: Home furnishing and housewares retail; music, video, book and entertainment retail; office products retail; sporting and recreational equipment retail; 15,000 — 35,000 s.f hobby and craft retail; and other specialty retail Restaurant - Related Uses: Casual dining restaurants, 5,000 — 10,000 s.f. specialty eateries, and upscale dining Hotel, when approved with a Conditional Use Permit 100 guest rooms (minimum) Ancillary Commercial Uses, include the following as well as uses of similar character as approved by the Community Development Director: Eating and drinking establishments (restaurants, fast food facilities, including drive - through services, candy and confectionaries shops, delicatessens, donut shops and coffee sales); financial institutions (banks, savings and loans, and credit unions); food and beverage sales (markets, catering services, and 1,500 — 3,000 s.f. retail bakeries); personal services and sales (beauty and barbershops, including beauty supply, florist shops, photography studios, private postal service, travel agencies, tailors; shoe repairs, video sales and /or rental); specialized retail (consumer electronics, fabric store, hobbies and crafts, apparel and accessories, books and magazines, jewelry, sporting good (sales and rental), photography, and stationery sales) rlTLE 17 -ZONING AND ZONE SPECIFIC STANDARDS • • TABLE 17.16.030.3 LAND USE AND BUILDING FLOOR AREA REQUIREMENTS FOR PROJECT AREA 2 (as identified in the General Plan) rITLE 17 - AND ZONE SPECIFIC STANDARDS Building Floor Area Rarige.. Permitted Use Mix (Minimum - Maximum) Primary use of the site shall have a minimum of one general retail outlet and /or a hotel use. General Retail Outlets: Home furnishing and housewares retail; music, video, book and entertainment retail; office products retail; sporting and recreational equipment retail; 15,000- 35,000 s.f. hobby and craft retail; and other specialty retail Restaurant - Related Uses: Casual dining restaurants, 5,000- 10,000 s.f. specialty eateries, and upscale dining Hotel, when approved with a Conditional Use Permit 100 guest rooms (minimum) Ancillary Commercial Uses, include the following as well as uses of similar character as approved by the Community Development Director: Eating and drinking establishments (restaurants, fast food facilities, including drive - through services, candy and confectionaries shops, delicatessens, donut shops and coffee sales); financial institutions (banks, savings and loans, and credit unions); food and beverage sales (markets, catering services, and retail bakeries); personal services and sales (beauty and barbershops, 1,500- 3,000 s.f. including beauty supply, florist shops, photography studios, private postal service, travel agencies, tailors, shoe repairs, video sales and /or rental); specialized retail (consumer electronics, fabric store, hobbies and crafts, apparel and accessories, books and magazines, jewelry, sporting good (sales and rental), photography, and stationery sales) rITLE 17 - AND ZONE SPECIFIC STANDARDS D. Development standards. In addition to the Commercial District Land Uses and Permit Requirements in Section 17.16.020, Commercial District Development Standards and Special Conditions for Specific Land Uses in Section 17.16.030, the following additional standards shall also apply to development in the C -4 zone. 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 (7) feet and a minimum height of eight (8) 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 (3) 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 commercial 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 (4) lanes: TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 37 AND ZONE SPECIFIC STANDARDS • • 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 2) On intersection corners, regardless of the number of lanes on each street: a) Retail, restaurant, or overnight accommodation uses within buildings facing two (2) 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 (2) entrances, a corner entrance; and b) Buildings on corner lots shall address both streets with an equal level of architectural detail. e. Undergrounding of Utilities. 1) Utility lines to a development from the building to the property line, including, but not limited to, electric, communications, street lighting and cable television shall be placed underground. 2) Utility lines within the right -of way shall extent practicable. The requirements of Council upon recommendation from the topographical, soil or any other conditic unreasonable or impractical. 2. Site Design and Circulation. be placed underground to the maximum this section may be waived by the City City Engineer if it is determined that ns make such underground installations Minimum Development Area. 1) The minimum development area for a commercial project within Project Area 1 shall be fifteen (15) acres. 2) The minimum development area for a commercial project within Project Area 2 shall be three (3) acres. 3) Lots may be subdivided within each development site area for the purpose of creating a commercial condominium or separate commercial pads in accordance with Article 3, Chapter 17.36, RMC Title 16, and the Subdivision Map Act. 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 City Council. 3) Mature trees that are approved for removal by the City Council 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 three (3) percent of required off - street parking. 2) 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; 7- AND ZONE SPECIFIC STANDARDS 38 • 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 3) At -grade parking shall not be located between any building and the street frontage. 4) Vehicular access to corner lot developments shall be from an alley or from a side street. 5) 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. 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. TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 39 AND ZONE SPECIFIC STANDARDS • b. Design Differentiation between Floors. 1) 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. c. Roofline Variation. 1) 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 (3) feet in height. a) 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. 4. Signs. a. A uniform sign program shall be approved by the Planning Division for each commercial development. b. Permitted sign types shall be limited to wall, window, awning and monument signs. 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 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 (6) feet in height. 8) A maximum of two (2) monument signs per development. 9) The monument sign shall be set back a minimum of three (3) feet from the property line at a location where the building is set back a minimum of ten (10) feet. 5. Public Art Requirement. A freely accessible on -site public art work shall be integrated into each project in accordance with Article 4, Chapter 17.92. used iR this se6toGaL i) "AFt" er "Art Wa*." Art, iRoluding, bUt Rat limited W, sGulpture, painting, TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 40 AND ZONE SPECIFIC STANDARDS n �J TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES ( 41 AND ZONE SPECIFIC STANDARDS E TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 42 AND ZONE SPECIFIC STANDARDS 0 Chapter 17.20 COMMERCIAL AND INDUSTRIAL ZONING DISTRICT Sections: 17.20.010 Purpose. 17.20.020 Commercial and industrial district land uses and permit requirements. 17.20.030 Commercial and industrial district development standards. 17.20.010 Purpose. The purpose of the individual commercial zoning districts and the manner in which they are applied are as follows: A. Commercial — Industrial Mixed Use District (CI -MU). The CI -MU zoning district is intended to provide for heavy commercial and quasi - industrial uses that are consistent with the General Plan Industrial land use designation. The purpose of the CI- MU zone is to accommodate light industry, research and development, and office uses. The emphasis is on providing career - oriented and trade jobs. Commercial uses are limited to those that support the primary industrial and office uses. Light Manufacturing and Industrial (M -1) District. The M -1 zoning district is intended to provide for manufacturing, assembly, research and development, and light industrial parks, consistent with the General Plan Industrial land use designation. 17.20.020 Commercial District land uses and permit requirements. • Table 17.20.020.1, Uses in Commercial and Industrial Districts, identifies the uses of land allowed in each such zoning district, and the land use permit required, if any, to establish each use subject to section 17.08.050. Where the last column in the tables (Specific Use Regulations) includes a section reference number, the regulations in the referenced section apply to the use in addition to those shown in the table. • TABLE 17.20.020.1 USES IN COMMERCIAL AND INDUSTRIAL DISTRICTS - Land Use - _- - - Requirements by District "- .. Specific Use Regulations° 61�iyu M-1 Permitted Accessory Use CUP Conditional Use Permit required AUP Industry, Manufacturing, Processing, and Warehousing Uses: Chemical Product Manufacturing -- P Creameries and Dairy Products Depot -- P Consumer Electronics and Equipment Manufacturing -- P Note: P Permitted Use A Permitted Accessory Use CUP Conditional Use Permit required AUP Administrative Use Permit required Use not allowed TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 43 AND ZONE SPECIFIC STANDARDS • TABLE 17.20.020.1 USES IN COMMERCIAL AND INDUSTRIAL DISTRICTS E • ` Land W4 ,. Requirements by District -. Specific Use Regulations CI -MU.` -M -1` Permitted Accessory Use CUP Conditional Use Permit required AUP Industry, Manufacturing, Processing, and Warehousing Uses (Continued) Fabric Products Manufacturing -- P . Food and Beverage Packing /Canning /Processing -- P Furniture Manufacturing -- P Glass, Metal and Plastics Products Manufacturing -- P Lumber and Wood Products Manufacturing -- P Metal Products Fabrication and Welding Shops -- P Paper Products Manufacturing -- P Personal Self Storage (Mini- Storage), Indoor Only -- CUP Research and Development P P Stone, Clay and Pottery Product Manufacturing -- P Cabinet or Carpenter Shops -- P Carpet, Window Covering, and Upholstery Cleaning -- P Contractor's Storage Yards -- ALP Handicraft Industry -- P Garment Manufacturing, Processing, or Assembling, including Sewing and Cutting Operations -- CUP Laboratories A P Laundries and Dry Cleaning Plants CUP P Warehousing, Wholesaling, and Distribution Facilities P P Warehousing, Wholesaling, and Distribution Facilities of Alcoholic Beverages CUP CUP See Article 3, Chapter 17.30 Note: P Permitted Use A Permitted Accessory Use CUP Conditional Use Permit required AUP Administrative Use Permit required Use not allowed 17— ZONING ARTICLE 2— ZONING DISTRICTS, ALLOWABLE LAND AND ZONE SPECIFIC STANDARDS • TABLE 17.20.020.1 USES IN COMMERCIAL AND INDUSTRIAL DISTRICTS 0 • -, Requireents by District Land Use $pectftc Use m Regulations - CI -MU' ;M -1 Retail Trade Uses: Auto Parts Stores, including Installation Services ALP -- Automobile Sales /Rentals, New or Used CUP -- Building Materials Storage and Services CUP P Equipment Rental CUP CUP Home Improvement Stores P -- Horticultural Sales (Nursery) with Outdoor Display CUP CUP Outlet Center P -- Retail Sales A A See Section 17.20.030 Spas, Hot tubs, Barbecue Sales P -- Statuary, Fountains and Landscape Sales P -- Business, Financial, Professional, and Medical Uses: Offices — Business, Medical, Government, and Professional P P Emergency /Urgent Care Clinic P -- Ambulance Services (Limited fleet) ALP ALP Eating and Drinking Establishments: Accessory Food Service (Open to Public) P AUP Catering Service P -- Service Uses: Animal Boarding /Kennels -- CUP Animal Grooming g _ ALP No overnight boarding Animal Hospital /Clinic (not including Kennel) CUP -- Note: P Permitted Use •• Use not allowed A Permitted Accessory Use CUP Conditional Use Permit required AUP Administrative Use Permit required TITLE 17 — ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE LF AND ZONE SPECIFIC STANDARDS • TABLE 17.20.020.1 USES IN COMMERCIAL AND INDUSTRIAL DISTRICTS E Requirements by District Land e t ReS pfi ecic Use Us - - CI -MU M•1 gulations Service Uses: (Continued) Auto Repair and Body Shops P y P CUP CUP See Artide 3, Chapter 17.30 Automobile Car Wash /Detailing CUP CUP See Article 3, Chapter 17.30 Automobile Lube and Tune Facility CUP CUP See Article 3, Chapter 17.30 Automobile Service Stations (Vehicle Fueling, Accessories ) CUP CUP See Article 3, Chapter 17.30 Automobile Storage — Primary Use -- -- Vehicle Towing with Storage -- AUP Funeral Homes and Mortuaries CUP CUP Maintenance and Repair Services (other than vehicle) P P Printing and Duplicating Services, Postal Services P P Transportation, Communications, and Infrastructure Uses: Automobile Parking Facilities as principal use (subterranean and structures) CUP CUP Heliports and Helistops A/CUP A/CUP Telecommunications facilities (not including Wireless Telecommunication facilities) P P Utilities P P Wireless Telecommunication Facilities -- CUP See Article 3, Chapter 17.54 Note: P Permitted Use A Permitted Accessory Use CUP Conditional Use Permit required AUP Administrative Use Permit required Use not allowed TITLE 17 — ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE AND ZONE SPECIFIC STANDARDS 10 • TABLE 17.20.020.1 USES IN COMMERCIAL AND INDUSTRIAL DISTRICTS . %� Requirements by District •' Land Use' ?Specific Use CI -MU M -1 Regulationsj, Special Needs Uses, limited to only the following: Emergency Shelters -- P See Article 3, Chapter 17.30 Mortuaries /Funeral Homes -- CUP AUP Places of Religious Assembly CUP -- Single Room Occupancy g P Y -- CUP See Article 3. Chapter 17.30 Other Uses: Accessory tructures rY P P See Article 3, Chapter 17.32 Adult Businesses -- P See Article 3, Chapter 17.30 Body rt Establishment Y -- P See Article 3, Chapter 17.30 Day Care Facility CUP CUP Recycling Facilities — Collection Small Y 9 (Small) AUP AUP See Article 3, 17.30 Recycling Facility Collection (Large) Y 9 Y — 9 ) CUP CUP See Article 3, Chapter 17.30 Recycling facilities — Processing '- -- See Article 30 Special Events P See Article 5, Chapter 124 (Temporary Use Permits and Special Events) Temporary Use Permits See Article 5, Chapter 124 (Temporary Use Permits and Special Events) Note: P Permitted Use - A Permitted Accessory Use CUP Conditional Use Permit required AUP Administrative Use Permit required Use not allowed — ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE LAND USES 47 AND ZONE SPECIFIC STANDARDS A. Performance standards. The following performance standards shall apply to all uses located in Cl -MU and M -1 zone districts. 1. Smoke. No use may emit from a vent, stack, chimney, or combustion process any smoke or emission, other than water vapor, that is visible to the naked eye and violates any standards established by the South Coast Air Quality Management District and the California Air Resources Board. 2. Noise. No use may violate the City's noise standards. 3. Vibration. No use may generate any ground- transmitted vibration that is perceptible to the human sense of touch measured at the outside boundary of the immediate space occupied by the enterprise generating the vibration if the enterprise is onto of several located on a lot, or the lot line if the enterprise generating the vibration is the only enterprise located on a lot. 4. Odors. No use may generate any obnoxious or adverse odor that can be detected beyond the boundary of the lot occupied by that use. 5. Electrical disturbance or interference. No use may create any electrical disturbance that adversely affects any operations, equipment, appliances, communications devices, or other electrical devices other than those of the creator of such disturbances 6. Stormwater runoff. The construction of any new building, and all activities conducted indoors and out of doors, shall comply with stormwater runoff regulations and National Pollution • Discharge Elimination Systems (NPDES) requirements. 1 B. Health Risk Assessment. The City may require a health risk assessment for any use involving hazardous materials. C. Business license required. A valid business license, obtained pursuant to Title 5 of the Rosemead Municipal Code, shall be required as a condition of obtaining any permit or authority to establish a use under this Title. D. Site Plan and Design Review required. A Site Plan and Design Review application shall be submitted in accordance with the requirements of Article 5, Chapter 17.120 (Applications and Processing) and Chapter 17.136 (Site Plan and Design Review) for any new development or any addition to an existing development in the CI -MU or M -1 as follows: a. Any proposal to construct a new building of 3,000 gross square feet or more, or the addition of 3,000 square feet, or an addition that exceeds fifty (50) percent of the existing floor area shall require a discretionary review. Notwithstanding the provisions of Chapter 17.28 (Overlay Zones), any proposal to construct less than 3,000 square feet of new construction shall be subject to City staff - level review coordinated by the Community Development Department. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 48 AND ZONE SPECIFIC STANDARDS • • 17.20.030 Commercial and industrial district development standards. A. General requirements. Development standards table. New land uses and structures and alterations to existing land uses and structures in the CI -MU and M -1 zones shall conform to the requirements in Table 17.20.030.1, Commercial and Industrial District Development Standards, as well as specific district standards listed below. TABLE 17.20.030.1 COMMERCIAL AND INDUSTRIAL DISTRICT DEVELOPMENT STANDARDS Development;, Requirement by Zoning District CI -MU M-1 Feature r :_ - Minimum Lot Area 20,000 sq. ft. 1 acre Minimum Lot 150 150 Width /Depth Maximum Floor Area See General Plan See General Plan Setbacks Street Frontage 10 ft. 10 ft. Front Adjoining 15 ft. 15 ft. Residential Zone Side None None When side abuts side or rear of residential R zone, school or park a setback equal to Side Adjoining side yard setback of residential R zone shall be required for building line of main Residential Zone structure. Setback area may be used to comply with parking requirements. Rear None None Rear Adjoining When rear abuts side or rear of residential R zone, school or park a setback equal to side yard setback of residential R zone shall be required for building line of main Residential Zone structure. Setback area may be used to comply with parking requirements. Height 50 ft. 75 ft. Height Adjoining Variable height limit per section Variable height limit per section Residential Zone 17.08.050 1 17.08.050 1 Parking Per Chapter 17.112 (Off- Street Parking and Loading) TITLE 17 — ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE LAND USES 149 AND ZONE SPECIFIC STANDARDS 2. Encroachments. a. No part of the structure, permanent attachment or other similar architectural feature may extend into: 1) Any required front, side or rear yard or minimum distance between buildings for more than two (2) feet. 2) The public right -of -way without approval of an encroachment permit. b. Hedges or any other shrubs or landscaping shall not encroach onto a curb or sidewalk or over a lot line. 3. 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 (2) feet of the curb but must clear the sidewalk vertically by at least eight (8) 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. 4. Landscape and Irrigation Plans. a. Landscape and irrigation plans for any development within a commercial zone, including the type and location of plant materials to be used, shall be submitted to the Planning Division for review and approval by the Community Development Director or his designee. b. A total of 3% of the gross lot area shall be landscaped. The landscape plan shall be designed and installed such that much of the landscaping is visible from the public street or thoroughfare. Additional site landscaping maybe required for conditionally permitted uses or developments that require the approval of a Design Review or precise plan of design. c. An automatic irrigation system installed below ground except for sprinkler heads shall be permanently maintained in all landscaped areas. d. All landscaping shall be maintained in a neat and healthy condition. e. Landscaped areas shall comply with the City of Rosemead Water Efficient Landscape Ordinance. 5. Fences/Walls /Landscape Screening. Each development shall be improved with fencing walls, and landscape screening in accordance with Chapter 17.68. 6. Lighting. Each development shall be improved with lighting facilities in accordance with Chapter 17.88. 7. Mechanical Equipment, Loading Zones, and Service Area Screening. TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 50 AND ZONE SPECIFIC STANDARDS • 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. c. Rooftops should be designed in a way that acknowledges their visibility from other buildings and the street. Equipment shall be screened on all four (4) 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. d. 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. Trash. Each development shall be improved with solid waste and recyclable material collection in accordance with Chapter 17.32 (Accessory Structures). 9. Outside Storage. The following provisions apply to uses with outside storage areas: a. Outside storage (not for display purposes) of equipment or materials is permitted on the rear area of a lot or parcel of land. On corner lots or where site coverage or topography • make rear yard storage impossible or impose a severe hardship upon the owner or occupant of the parcel, storage may be permitted, subject to the approval of the Community Development Director, in a side yard or open yard adjacent to a corner. Any outdoor area used for storage if visible from public right -of -way shall be completely enclosed by a solid masonry wall and solid gate not less than six (6) feet in height. The Community Development Director may approve the substitution of a fence or decorative wall where such fence or wall provides adequate visual clearance, is structurally adequate, and equivalent in decorative appearance. In no event shall the height of such storage exceed the height of the wall or fence enclosing the storage area. B. District Specific Requirements. In addition to the general development requirements listed in Table 17.20.030.1, Business and Industrial District Development Standards, the following development standards apply to specific commercial districts as shown: 1. CI -MU Zoning District. a. Merchandise. All display of merchandise for sale on the premises shall be wholly within an enclosed building, except as provided in section 17.20.030.B.1.b below. b. All display of merchandise for sale on the premises shall be wholly within an enclosed building except for the following: 1) Parking Lots 2) Automobile Sale Areas • 3) Service Station Fuel Dispensing Activities TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 51 AND ZONE SPECIFIC STANDARDS • 4) Plant Nurseries 5) Garden and bulky hardware supplies associated with a home improvement or similar retail business, provided that all such outdoor use shall be fully screened and secured by walls or fencing materials (See Chapter 17.76 Outdoor Sales and Garage Sales). 6) Temporary sales or special events permits with the approval of a Temporary Use Permit pursuant to Chapter 17.124 (Temporary Use Permits and Special Events) 2. M -1 Zoning District. Retail uses. Permitted retail sales within the M -1 Zoning District shall be subject to the following requirements: 1) Vehicular access to the property shall be from an arterial street. 2) All customer parking and pedestrian circulation serving the retail shall be separate from any non - retail uses on the same site. 3) The retail use shall comply with all standards for parking, landscaping, circulation and access. 4) No restrictions shall apply to retail sales in which the premises are "point of sale' only, with limited customer traffic and the merchandise is shipped or delivered from elsewhere. b. Manufacturing, assembly and heavy commercial processing uses shall be subject to the following requirements: 1) Maintain loading and outdoor operations a minimum of fifty (50) feet from any school, park or residentially zoned property. 2) Provide a buffer adjacent to a school, park or residential zoned property sufficient to confine light, glare, odor and noise to the property on which the industrial use is established. 3) Uses adjacent to a school, park or residentially zoned property shall limit outdoor operations to the hours of 7:00 am to 10:00 pm. TITLE 17 -ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE AND ZONE SPECIFIC STANDARDS 0 Chapter 17.24 SPECIAL PURPOSE ZONING DISTRICTS Sections: 17.24.010 Purpose. 17.24.020 Special purpose district land uses and permit requirements. 17.24.030 Special purpose district development standards. 17.24.040 P -D District reclassification and plan adoption. 17.24.010 Purpose. The purpose of the individual special purpose zoning districts and the manner in which they are applied are as follows: A. Open Space (O -S) District. The O -S zoning district is intended to provide for urban relief, recreation and environmental preservation. This zoning district is applied to parks, streams, urban forestry areas and other similar features to enhance the quality of the environment consistent with the General Plan. B. Automobile Parking (P) District. The P zoning district is intended to provide for specialized facilities that serve a critical but single purpose need for automobile parking. This zone may be applied to public parking lots and structures, shared parking facilities by multiple businesses or residential projects and other similar parking needs. C. Planned Development (P -D) District. The P -D district is intended to provide for residential, commercial, industrial, or institutional developments that are characterized by innovative use and design concepts. This zone provides for a new development to offer amenities, quality, design excellence and other similar benefits to the community and not be inhibited by strict numerical development standards. The P -D zone may not be used to develop residential projects that exceed the density allowed under the General Plan and density bonus provided in Chapter 17.84. 17.24.020 Special Purpose District Land Uses and Permit Requirements. Table 17.24.020.1, Uses in Special Purpose Districts, identifies the uses of land allowed in the Open Space (O -S) district and the Automobile Parking (P) zoning district, and the land use permit required, if any, to establish each use subject to Section 17.08.050. Where the last column in the tables (Specific Use Regulations) includes a section reference number, the regulations in the referenced section apply to the use in addition to those shown in the table. The Planned Development (P -D) zone district requirements are outlined in Sections 17.24.030 and 17.24.040. • TITLE 17 -ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES ( 53 AND ZONE SPECIFIC STANDARDS 0 • Table 17.24.020.1 USES IN SPECIAL PURPOSE DISTRICTS Land Use Requirements by District Specific Use Regulations O -S P Agricultural and Horticultural Uses P Propagation, Growing and Storage of Nursery Stock P Christmas Tree Farms, and Turf Farms P Hiking Trails, Public P A Parks and Recreation Facilities, Public P Parks and Recreation Facilities, Private CUP Landscaping P A Open Space, Public P P Open Air, Temporary Parking of Transient Automobiles P Public Parking, including Parking Lots and Structures P P Private Parking Facilities for Shared Use CUP Government Buildings and Facilities A -- Wireless Telecommunication Facilities CUP -- See Article 3, Chapter 17.54 Utilities P P Note: P Permitted Use A Permitted Accessory Use CUP Conditional Use Permit required AUP Administrative Use Permit required Use not allowed 0 TITLE 17 — ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE LAND USES 154 AND ZONE SPECIFIC STANDARDS 0 • 17.24.030 Special Purpose District development standards. A. Development standards table. New land uses and structures and alterations to existing land uses and structures in the O- S, P, and P -D zones shall conform to the requirements in Table 17.24.030.2, Special Purpose District Development Standards, as well as specific district standards listed below. TABLE 17.24.030.1 SPECIAL PURPOSE DISTRICT DEVELOPMENT STANDARDS TITLE 17 — AND ZONE SPECIFIC STANDARDS Requirement by Zoning District Development, Feature . O-S P P -D Minimum Lot Area None 20,000 sq. ft. 1 ac. Minimum Lot Width /Depth None 50 ft. None Maximum Floor Area See General Plan See General Plan See General Plan Setbacks 10 ft. 10 ft. None Front Front (Adjoining Residential Zone) 1 5 ft. 15 ft. 20 ft. Side 10 ft. 10 ft. None When side abuts side or rear of residential R zone, school or park a setback equal to side yard setback of residential R zone shall be Side (Adjoining Residential required for building line of main structure. Setback area may be used Zone) to comply w/ parking requirements. Rear 1Oft. 10 ft. 10 ft. When rear abuts side or rear of residential R zone, school or park a Rear (Adjoining Residential setback equal to side yard setback of residential R zone shall be Zone) required for building line of main structure. Setback area may be used to comply w/ parking requirements. Height 20 ft. None None Height (Adjoining Residential Zone) Variable Height Limit Requirement per Section 17.08.050.1 Parking In accordance with Chapter 17.112 (Off- Street Loading and Parking) TITLE 17 — AND ZONE SPECIFIC STANDARDS . B. District Specific Requirements. In addition to the general development requirements listed in Table 17.24.030.2, Special Purpose District Development Standards, the following development standards apply to specific commercial districts as shown: C. O -S District requirements. Development review. Projects proposed within the Open Space (O -S) District shall be subject to applicable review procedures as set forth in Article 5 Land Use and Development Application Procedures of this Title. 2. Supplementary district and temporary use regulations. For sign, parking, fence, swimming pool, and similar regulations for the Open Space (O -S), see Article 4 Supplemental Standards of this Title. D. District Improvements. All such parking areas shall be improved and maintained in accordance with the provisions of Chapter 17.112 (Off- Street Parking and Loading). E. P -D District requirements. 1. This zone is designated to accommodate various types of development such as shopping centers, professional and administrative areas, multiple housing developments, single - family residential developments, commercial service centers and industrial parks and other uses or a combination of uses which can be made appropriately a part of planned development. 2. A Planned Development zone may be established to provide diversification in the location of structures and other land uses while insuring compliance with the General Plan and compatibility with existing and future developments in surrounding areas. 3. Development within the P -D zone shall be subject to the provisions of Section 17.24.040 of this Chapter. 17.24.040 P -D District reclassification and plan adoption. A. Permitted uses. Commercial, residential, industrial, and institutional uses may be permitted in the P -D zone subject to regulations set forth in this Chapter and subject to the approval of the Planning Commission and City Council. B. Creation of planned development zone - reclassification. Planned development zones shall be created in the same manner as property is reclassified from one zone to another as set forth in Chapter 17.152. An application for change of zone to a P -D zone shall include and be accompanied by a precise development sensept plan, which if approved by the Planning Commission and City Council, shall become a part of the Zoning Map of the City. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 56 AND ZONE SPECIFIC STANDARDS . 3. The Planning Commission may recommend to the City Council approval or disapproval of the P -D zone and precise development eeasept plan as submitted, or modification, alteration, adjustment, amendment or conditional approval of the development concept plan. The decision of the Planning Commission shall include a finding as to whether the proposed development is consistent with the General Plan. • C. Approval of development plan. 1. An app! Gation feF appFeval ef a develepment plan shall be filed with the Gemmissk)R The Planned Development Review application shall set forth the name and address of the property owner and the description of the property. In addition, application shall be accompanied by a precise development plan which shall include the following details: 1. Location of each existing and location and dimensions of each proposed structure in the site, the use or uses to be contained therein, the number of stories, gross building and floor area, location of entrances and loading points thereof. 2. Location of proposed parks, playgrounds, school sites, public buildings and other such uses within the zone. 3. All streets, points of access, curb cuts, garage door locations, driving lanes, parking areas, and in commercial developments, the ratio of off - street parking to building floor area, loading area, public transportation points, and illumination facilities for same. 4. All pedestrian walks, malls and open areas for the use of occupants and members of the public. 5. Location, height and material of all walls and fences. Location and height of all screen planting in front, side and rear yards. • TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 57 AND ZONE SPECIFIC STANDARDS ® 6. Types of surfacing, such as paving, turf or gravel, to be used at the various locations. 7. Landscaping and tree planting plan including type and location of plant materials to be used and an irrigation plan, in accordance with the City's Water Efficient Landscape Ordinance. 8. Plans and elevations of structures indicating architectural, building materials and construction standards. 9. The gross land area of the site and of the footprints of the structures, and land use of the area within three hundred (300) feet of the perimeter of the site, including the location of structures and other improvements. 10. Such other information as may be required by the Community Development Department to assist in the consideration of the development plan. 11. A map or grading plan showing the proposed grading and topography of the site. 12. Such application shall be processed and heard in accordance with the provisions of Article 5, Chapter 17.120 (Applications and Processing). The Planning Commission and City Council may impose reasonable conditions to the approval of the development plan. approved upeR adept an of the P -P ZARA. 0 D. Conditions of approval of planned development. An applicant may be required to dedicate land for street or other purposes authorized by law, to restrict areas for open space, for beautification or for off - street parking and to comply with such other conditions as may be imposed to achieve harmony with the General Plan and compatibility with surrounding land uses. The development as authorized shall be subject to all conditions so imposed. Such conditions may be modified where circumstances warrant after a hearing by the Planning Commission. In addition to the above requirements, all residential planned development (P -D) projects shall include in the required covenants, conditions and restrictions (CC &Rs) or other similar recorded instrument the following statement. This statement is intended to notify all prospective property owners of certain limitations on construction to residential dwellings contained in planned development projects. a. "All residential dwellings within this project were designed and approved under a precise plan, planned development (P -D) concept. As a result, some of the project lots and yard areas are smaller than would ordinarily be allowed under the development standards contained in the Rosemead Zoning Code. b. "Purchasers of project dwellings are hereby notified that they should not assume that they will be able to gain City of Rosemead approval for any further building on any smaller- than - standard lot. Applications for room additions, patio enclosures, TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 58 AND ZONE SPECIFIC STANDARDS • etc., will be reviewed on a case -by -case basis. Further information is available from the City of Rosemead Planning Department during regular business hours." Modification of the development plan. Changes in the use shown in the development plan shall be considered in like manner as changes in the zoning map and shall be made in accordance with the procedures set forth in this Title, except such changes may be accomplished by a resolution rather than by ordinance. F. Area. A P -D zone shall include a parcel of land containing not less than one (1) acre (forty - three thousand five hundred sixty (43,560) square feet). A P -D zone may be considered on a parcel of land less than one acre in area only where such property has a common boundary with property which has previously been developed under an approved plan pursuant to this Chapter and the plan shall indicate that the proposed development will constitute an orderly extension in arrangement of buildings, facilities and open space throughout the combined parcels of land in addition to all other requirements for approval. 2. The proposed density of a residential planned development shall be consistent with the land use element of the General Plan. as eutlined belev: Law density FesideRtial: Maximum ef eRe URit peF 6,000 squaFe feet ef Iand aFea Medium d 't '.d Rt Al. n4;m r. of a R t s . 4,509 s e foot of la...d af-Ca High ,d • ' e i deRtiak Maxim of a e'♦ s . 1,500 square feet of leaf area 1. Open AFea 2. PeFGeRt f 't FeqU Fed to he .devoted epeR spaGe for r si de,d'al develepMeRtSi ..f f.' this Rt At Nast n e half of the r real a shall h r II'f Riche d'gF .de t W c a .d to ,,,,,- „Q.�„- o.�a„- ,,.,,�..�a -sa .�n�;ersenf. The remaining open spaGL may he ed le it'; al state (nn left 4- eLcTn }p spaGe shall be hazard free. SLibj8Gt to the appFeval ef the Commission and GE)URGil, epen mYleft s AK 11ULt Z — LUKINU UI, I Kit.; I S, ALLUWAULt AND ZONE SPECIFIC STANDARDS G. Phasing. If development is to be accomplished in stages the development plan shall coordinate improvement of the open space, the construction of buildings, structures and improvements in such open space, and the construction of dwelling units, in order that each development stage achieves a proportionate share of the total open space environmental quality of the total planned development. H. Gemmereia+ Non - residential planned developments. Additional conditions containing reasonable regulations regarding traffic flow, access driveways, off - street parking, signs and billboards, walls, fences, paved areas, planting areas and other open areas may be required by the Planning Commission to assure a reasonable and compatible development in harmony with, and not detrimental to, the surrounding area. I. Signs permitted in the P -D zone. Other than as specifically set forth in this section, Chapter 17.116 (Signs) shall apply to the P -D zone. 1. Building Directory Signs. One (1) exterior sign at each building entrance, such sign not to exceed ten (10) square feet in area, and such sign to be a limited directory type • indicating only the name of the business and the use conducted by tenants. 2. Exterior Wall Signs. Exterior wall signs may occupy not more than twenty (20) percent of any front, side or rear wall of a main building or structure, such signs to pertain only to a use conducted, service provided, goods produced or sold on the premises, or the name of the owner or tenants of the building. 3. Free Standing Signs. One (1) free standing sign for each commercial business, provided that the total area of any one (1) sign shall not exceed one hundred (100) square feet. Total height of any free standing sign not to exceed thirty -five (35) feet. Such signs shall pertain only to a use conducted, service provided, goods produced or sold on the premises, or the name of the owner or tenants of the building. c. Permitted free standing signs shall not project into any public right -of -way. (Pfier J. Parking. Parking requirements shall be as provided in Chapter 17.112 (Off- Street Parking and Loading). K. Building permits— Issuance. • TITLE 17 - ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 160 AND ZONE SPECIFIC STANDARDS • 1. No building permit shall be issued until the precise development plan is approved by the Planning Commission and the City Council. 2. Building permits shall be issued for plans substantially in accordance with the approved development plan. L. Development schedule. 1. An application for approval of a development plan in the P -D zone shall be accompanied by a development schedule indicating the approximate date on which construction of the project can be expected to begin, the anticipated rate of development and completion date. 2. Such development schedule, if approved by the Planning Commission and City Council, shall become a part of the development plan and shall be adhered to by the owner of the site and any successor in interest. M. Development plan— Expiration. 1. Upon the abandonment of a project authorized by approval of a development plan, or upon the failure to implement the development plan within the time specified, or if no time is so specified, within one (1) year after approval of the development plan, the development plan shall be null and void. 2. Unless a longer period of time has otherwise been set forth in development plan conditions of approval, the plan shall not be deemed "exercised" until at least one (1) of the following has first occurred: a. A grading permit has been issued and grading has been substantially completed; b. A building permit has been issued and construction has commenced, and the building permit remains to be valid by or through the making of satisfactory progress as determined by the Building Official; c. A Building Certificate of Occupancy has been issued; d. The use is established; or e. A time extension has been granted in compliance with subsection five (5) of this section. 3. If a project is to be developed in preapproved phases, the development plan for the property shall include conditions related to the phasing of development. 4. If the project also involves the approval of a tentative map, the phasing shall be • consistent with the tentative map and the development plan shall be exercised before rITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE AND ZONE SPECIFIC STANDARDS • the expiration of the tentative map, or the development plan shall expire and become void and of no further effect. • • 5. Upon good cause shown by the applicant, the Planning Commission may extend the time limitation imposed by this Chapter once, for a period of not to exceed one (1) year, without a public hearing. 6. Once a development plan has become void by failure to implement, or if no application for approval of a development plan has been filed within two (2) years after classification of a property as P -D, it is the general policy of the Planning Commission to initiate amendment proceedings under this Title to rezone the project area to whatever zone it had prior to the P -D zone approval. 7- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 62 AND ZONE SPECIFIC STANDARDS • Chapter 17.28 OVERLAY ZONES Sections: 17.28.010 Purpose. 17.28.020 Design Overlay (D -O) Zone. 17.28.030 Residential /Commercial Mixed -Use Development Overlay (RC -MUDO) Zone. 17.28.010 Purpose. The purpose of the individual overlay zones and the manner in which they are applied are as follows: A. Overlay zone districts. An overlay zone is a zoning district that applies special requirements to a portion of other zoning districts. The City of Rosemead has designated certain areas within the city to be subject to overlay zones in order to supplement the base zones in these areas with special purpose regulations. Each overlay zone specifies the uses and developments that are subject to such special requirements. Uses and developments not specified are subject only to the requirements of the base zone district. B. Design Overlay (D -O) Zone. The purpose of the design overlay zone is to promote orderly development so that buildings, structures, signs and landscaping will be harmonious within a specified area; to prevent the development of structures or uses which are not of acceptable exterior design or appearance or are of inferior quality or likely to have a depreciating or negative effect on the local environment or surrounding area by reasons of use, design, appearance or other criteria affecting value. C. Residential /Commercial Mixed -Use Development Overlay (RC -MUDO) Zone. The purpose of the Residential /Commercial Mixed -Use Development Overlay Zone (RC- MUDO) is to provide opportunities for well- designed development projects that combine residential with nonresidential uses, including office, retail, business services, personal services, public spaces and uses, and other community amenities designated with the mixed -use land use designations in the City of Rosemead General Plan, and consistent with the policy direction in the General Plan. The intent of this overlay zone is to accomplish the following objectives: 1. Create a viable, walkable urban environment that encourages pedestrian activity and reduces dependence on the automobile, through a streetscape that is connected, attractive, safe and engaging. 2. Provide complementary residential and commercial uses within walking distance of each other. TITLE 17 - ZONING AND ZONE SPECIFIC STANDARDS • 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. TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 164 AND ZONE SPECIFIC STANDARDS . 17.28.020 Design Overlay Zone. Sub - sections: A. Jurisdiction. B. Applisatien Gentent and fee. Application filing, processing, and review. C. AGtleR on applications and review criteria. Findings and decision. D. Appeals. E. Issuance of other required permits and approvals. A. Jurisdiction. 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 AeR- 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 •esidaatal structures shall comply with Chapter 17.72 (Nonconforming Uses and Structures). 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 does 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 does not affect the front facade of the building. • B. AppliGation Content and fee Application filing, processing, and review. PrPoF to the issuaRGe of a L. ildiRg peFFnit fo• the eoCo alfe•af'o addition to OF L. t _i _• the m elooaf'o of, L. 'Irl'p Mr M n the D Zone o 'nn nr r nn. n nr m ' OF aRy L. 'ld ;Rg OF '6tF n1 FeqUiF Rg a PreG se plan of deS*g aR ppl'oaf'o and plaR6 shall bed by the Dlann'nn Depa•tmepf A fen established by f p p'I • of tie shall ic��. as n or 17 - ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 165 AND ZONE SPECIFIC STANDARDS • 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 Sub - section "C" (Findings and Decision) below. Initial review of the application, including time requirements and requests for information, shall be provided in Section 17.120.060 (Initial Review of Application). 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. their concurrence. When the plans for an approval do not arbitrarily — substantially alter the appearance of the property, the only • TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 66 AND ZONE SPECIFIC STANDARDS • approval required shall be that of the Community Development Director. Non - substantial alterations include, but are not limited to: 1) Fagade or exterior improvements for property maintenance (inclusive of color changes that are primary building colors of existing buildings on the street); 2) Fences and walls; 3) Landscaping; 4) Restriping of parking lots; 5) Signs (excluding new pole and monument signs); 6) Sign face changes on existing pole and monument signs; 7) Roof pitch changes that are consistent with the existing roof shape to accommodate electrical equipment, such as air condition units; and 8) Screening of any mechanical equipment. c. 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 Sub - section "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 PRRI'Fed and 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. E 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, and other site features should show proper TITLE 17 - ZONING ARTICLE 2 - AND ZONE SPECIFIC STANDARDS • 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: 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, • TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 68 AND ZONE SPECIFIC STANDARDS • 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 ftem the view ef pub! G Streets 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 TITLE 17 - AND ZONE SPECIFIC STANDARDS L-] • • 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 twelve (12) months 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 fling 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. TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 70 AND ZONE SPECIFIC STANDARDS • 17.28.030 Residential /Commercial Mixed -Use Development Overlay (RC -MUDO) Zone. Sub - sections: A. Applicability. B. Approval procedure. C. Permitted uses. D. Development standards. E. General requirements. 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 requirements of Chapter 17.28, Section 17.28.020 (Design Review). 2. The PFeoise ^I^^ of de ^^ Site Plan and Design Review must comply with the provisions of this Chapter and the Mixed Use Design Guidelines. 3. Only one (1) application for a ^F^ ^^ ^I^^ of desig^ Site Plan and Design Review shall be required for a residential /commercial mixed -use development in the D Design Overlay Zone. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 71 AND ZONE SPECIFIC STANDARDS 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; • Art studios; • ATM facilities subject to the requirements of Section 17.28.030.E.1 • 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; • Music stores; • Paint stores; • Pet supply stores; • Photo -copy, printing or desktop facilities; • 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; • TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE AND ZONE SPECIFIC STANDARDS • Tailor, clothing or wearing apparel shops; and • Travel agencies. • 2. The following professional and business office uses are permitted in a residential /commercial mixed -use development: • Accountant; • Acupuncturist and acupressure, without massage or retail sales; • Advertising agency; • Architect; • Attorney; • Auditor; • Bookkeeping service; • Business consultant; • Chiropodist; • Chiropractor; • Dental office; • Engineer; • Governmental buildings and offices; • Insurance agency; • Optician; • Optometrist; • Ophthalmologist; • Osteopath; Physician; Psychiatrist; • Real estate broker; • Secretarial service; • X -ray technician; and 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. Notwithstanding the PFEMS GAS ef SeGtieR 17.132.020, The following uses shall be the only uses for which a Conditional Use Permit may be applied for and granted in a residential /commercial mixed -use development: Antique - • Any commercial use that operates after midnight; • Any eating establishment with outdoor seating; • Any establishment having an off -sale license for alcoholic beverages; • Any establishment having an on -sale license for alcoholic beverages; • Arcades Commercial recreation and entertainment; • Convenience markets subject to the requirements of Section 17.28.030.E.3; and • Libraries and museums�a TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 173 AND ZONE SPECIFIC STANDARDS 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. Retail /commercial uses shall be permitted on the ground floor or second floor in a residential /commercial mixed -use development. b. Retail /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; • TITLE 17 -ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 74 AND ZONE SPECIFIC STANDARDS • 4) The clear zone shall be unobstructed by any permanent or nonpermanent element for a minimum width of seven (7) feet and a minimum height of eight (8) 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 (3) 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 (4) lanes: a) Building architecture on intersection corners, where both streets have four (4) 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 (2) or more streets shall have at least one (1) customer entrance facing the primary street and one (1) customer entrance facing the second street or instead of two (2) entrances, a corner entrance; and b) Buildings on corner lots shall address both streets with an equal level of architectural detail. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 175 AND ZONE SPECIFIC STANDARDS • 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 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. Undergrounding of Utilities. 1) Utility lines to a development from the building to the property line, including, but not limited to, electric, communications, street lighting and cable television shall be placed underground. 2) Utility lines within the right -of way shall be placed underground to the maximum extent practicable. The requirements of this section may be waived by the Gity Geunsi4 Planning 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 -us 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 Qty Gedaeit Planning Commission. 3) Mature trees that are approved for removal by the City- Geuasil 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 (8) 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. TITLE 17- ZONING ARTICLE 2- AND ZONE SPECIFIC STANDARDS 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 (1) 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 (2) parking spaces shall be provided for every dwelling unit; 2) One (1) guest parking space shall be provided for each two (2) dwelling units in a multiple - family dwelling project; 3) Residential parking shall be separate from commercial parking and accessed through a secure gated entrance; and 4) A reduction in the number of residential parking spaces may be approved upon the determination by the Sty Gouneil 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 entry way. 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. • TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 77 AND ZONE SPECIFIC STANDARDS • 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. 0, 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 7:00 a.m. to 7:00 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 (5) 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 TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 178 AND ZONE SPECIFIC STANDARDS • 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 (3) 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 (1) square foot of landscape to one (1) 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. • 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 (5) 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. 1. 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 fora Site Plan and Design Review. 2. 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. 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 (5) 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. TITLE 17- ZONING AND ZONE SPECIFIC STANDARDS 79 • 4. Landscape design must incorporate energy and water conservation measures, and comply with RMC Chapter 13.08, Water- Efficient Landscapes, where applicable. • 5. Non - deciduous trees shall be planted in uncovered surface parking lots at a minimum of one (1) 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 G ty Geune F Planning Commission. Each tree shall have a deep root watering system and a root barrier. 6. 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 (1) automatic washer and dryer for each five (5) 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 Gity- Ceuneil 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. TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 180 AND ZONE SPECIFIC STANDARDS • 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 (6) 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 (0). 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 (0) (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 (3) 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 (3) 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 TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 81 AND ZONE SPECIFIC STANDARDS • and screened by landscaping and a decorative three -foot high masonry wall. Landscaping shall include trees planted a maximum of twenty -five (25) feet on center and other plantings to achieve sixty (60) percent ground coverage within two (2) years of planting. b. Variable Height Setback. All residential /commercial mixed -use developments shall have a variable height limitation when abutting R -1 and R -2 zones in accordance with Section 17.08.050.1. c. Encroachments. 1) No part of the structure, permanent attachment or other similar architectural feature: a) May extend into a required front, side or rear yard or minimum distance between buildings for more than two (2) 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 as 061thRed 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. Miner Deviations from the land use percentage mix may be approved by the mil Planning Commission. 3) Mixed -Use: High Density Residential /Commercial shall be developed with forty (40) to sixty (60) dwelling units per acre and a maximum 2.0:1 FAR. The project shall consist of a 75- percent residential and 25- percent commercial land use mix. Miaer Deviations from the land use percentage mix may be approved by the City COURsil Planning Commission. ►� J 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 (3) 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 (4) 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 (5) 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. TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 182 AND ZONE SPECIFIC STANDARDS • 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 (4) 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.7.c.1), the ground floor uses on the street frontage shall be retail /commercial. 2) Outdoor seating may be allowed on private property with a conditional use permit. 3) When alcoholic beverages are permitted in outdoor seating areas that are immediately adjacent to a public pedestrian way, the landscape separation physical design and plant material should compliment the design of the building and prevent passing or carrying alcoholic beverages outside the restaurant • seating area and a sign shall be posted. b. Vertical Compatibility of Uses. 1) Commercial uses shall be designed and operated such that neighboring residents of residential units on the floors above are not exposed to offensive noise, especially from traffic, trash collection, routine deliveries or late night activity. 2) A conditional use permit shall be required for commercial uses that operate after midnight. 3) No use, activity or process shall produce continual vibrations or noxious odors that are perceptible without instruments at the property lines of the site or within the interior of residential units on the site. 16. Noise Abatement. a. Loudspeakers, bells, gongs, buzzers, or other noise attention or attracting devices that exceed sixty (60) decibels between the hours of 7:00 a.m. and 10:00 p.m. or forty -five (45) decibels between the hours of 10:00 p.m. and 7:00 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 (4) feet from any residential property line and shall be insulated to prevent any noise disturbance. • TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 183 AND ZONE SPECIFIC STANDARDS • 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. 0 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 (8) feet shall be visually transparent into the building or provide a minimum depth of three (3) feet for window merchandise display. 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 80 feet or more between such windows. Windows of residential /commercial mixed -use developments shall not directly face windows of residential units on lots that abut the residential /commercial mixed -use development in order to maximize privacy. c. Design Differentiation Between Floors. The area where the first floor meets the second floor shall clearly define a change in materials, colors, and style between the first and second floors. 18. Signs. a. A uniform sign program shall be approved by the Planning Division for each residential /commercial mixed -use development. b. Permitted sign types shall be limited to wall, window, awning and monument signs and shall not be located above the first floor. c. Building- mounted signs, including wall, window and awning, shall not exceed a cumulative total of one (1) square foot of sign area per one (1) 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 (1) lineal foot of lot frontage with a maximum of fifty (50) square feet. TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 84 AND ZONE SPECIFIC STANDARDS 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 (6) feet in height. 8) A maximum of one (1) sign per development. 9) The monument sign shall be setback a minimum of three (3) 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 (3) 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 is 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 (2) feet of the curb but must clear the sidewalk vertically by at least eight (8) 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. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 185 AND ZONE SPECIFIC STANDARDS • 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. • TITLE 17- ZONING ARTICLE 2- AND ZONE SPECIFIC STANDARDS USES 1 86 �J TITLE 17 - ZONING ARTICLE 2 - AND ZONE SPECIFIC STANDARDS Use of Green Construction Materials and Energy and Water Conservation Features. The following types of green building practices are encouraged: a. Developments that use materials composed of renewable, rather than nonrenewable resources (green construction materials). b. Developments that construct buildings that exceed minimum statewide energy construction requirements beyond Title 24 energy requirements. c. Developments that employ passive heating and cooling design strategies to the maximum extent feasible. Strategies to be considered include orientation; natural ventilation, including cross - ventilation in residential units, high insulation values, energy efficient windows including high performance glass, light- colored or high- albedo (reflective) roofing and exterior walls, window shading, and • landscaping that provides shading during appropriate seasons. d. Developments that implement U.S. EPA Certified Water Sense labeled or equivalent faucets and high- efficiency toilets (HETs) in residential uses, and implement water conserving shower heads to the extent feasible. �J e. Developments that provide Energy -Star rated appliances in the residential units. 2. Automated Teller Machines (ATMs) and Walk -Up Bank Services. a. ATM facilities shall be located only on the public street side of a residential /commercial mixed -use development. b. The ATM shall be set back three (3) 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. TITLE 17- ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 188 AND ZONE SPECIFIC STANDARDS • g. ATMs and walk -up bank services are subject to the approval of the Planning Division. 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 (1) 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. • TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 89 AND ZONE SPECIFIC STANDARDS • g. There shall be a maximum of three (3) 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 shall be prohibited. J. . 2) The use of tempeFaFy baRReFS shall be 1 Fnited to two events peF yeal' The use of a t , 1.......eF at n 6h event shall be f... n of thiFty (30) 4) The Fnax mum s ze of a temporary baRReF shall be three feet by ten feet .. .. .,.. mnv'm m b. Traditional noncommercial holiday decorations that do not contain advertising shall be permitted. c. The display of no more than three (3) 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. d. Prohibited Advertising and Display. The following advertising and displays shall be prohibited: 1) Outdoor advertising, displays and /or sales of merchandise or promotional materials in a location outside of a building; 2) Inflatable advertising displays; 3) Roof - mounted displays of flags, pennants or pennant -type banners, balloons, inflatable devices, or similar displays; and 4) Flags, banners or balloons displayed in a landscape area or on a fence. 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. AK IDLE Z - LUNINU UIS I Kit; I5, ALLUYYAULC AND ZONE SPECIFIC STANDARDS 0 G, 0 0 • ARTICLE 3 REGULATIONS FOR SPECIAL USES AND STRUCTURES Chapter 17.30 STANDARDS FOR SPECIFIC LAND USES Sections: 17.30.010 Purpose. 17.30.020 Applicability. 17.30.030 Adult businesses. 17.30.040 Alcohol beverage sales. 17.30.050 Automated teller machines (ATMs) and walk -up bank services. 17.30.060 Automobile car wash (full service and self- service). 17.30.070 Automotive tube and tune facility. 17.30.080 Automotive service station. 17.30.090 Body art. 17.30.100 Donation boxes - outdoor. 17.30.110 Drive - through or drive -up facilities. 17.30.120 Emergency shelters and temporary aid centers. 17.30.130 Hotels and motels. 17.30.140 Internet cafe and game arcade. • 17.30.150 17.30.160 Karaoke KTV studios. Large and small family day care facilities. 17.30.170 Outdoor dining. 17.30.180 Recycling facilities. 17.30.190 Second dwelling units. 17.30.200 Single room occupancy (SRO). • 17.30.010 Purpose. This Chapter provides site planning, development, and /or operating standards for certain land uses that are allowed by Article 2 (Zoning Districts, Allowable Land Uses, and Zone Specific Standards) within one or more zoning districts but that require special standards to mitigate their potential adverse impacts. 17.30.020 Applicability. The land uses and activities covered by this Chapter shall comply with the provisions of the Sections applicable to the,specific use, in addition to all other applicable provisions of this Zoning Code. A. Where allowed. The uses that are subject to the standards in this Article shall be located in compliance with the requirements of Article 2 (Zoning Districts, Allowable Land Uses, and Zone Specific Standards). B. Land use permit requirements. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 1 • The uses that are subject to the standards in this Article shall be authorized by the land use permit required by Article 2, except where a land use permit requirement is established by this Article for a specific use. C. Development standards. The standards for specific uses in this Chapter supplement and are required in addition to those in Article 2 (Zoning Districts, Allowable Land Uses, and Zone Specific Standards) and the City Code. In the event of any conflict between the requirements of this Chapter and those of Article 2, the requirements of this Chapter shall control. 17.30.030 Adult businesses. Sub - sections: A. Purpose. B. Locational requirements. C. Adult business license required. A. Purpose. The purpose of this chapter is to establish a comprehensive set of regulations applicable to the location of adult businesses within the City. The words and phrases used in this section are governed by the definitions contained in Chapters 5.08 and 5.10 of this code. (Ord. No. 903, § 9, 4- 12 -11) • B. Locational requirements. 1. Permitted Districts. Adult businesses are permitted in the M -1 Zone. 2. Locational Standards. Adult businesses may not be located: a. Within five hundred (500) feet of any property zoned R -1, R -2, R -3, or any lot where there is an actual residential use within the City limits; b. Within five hundred (500) feet of any churches or other places used exclusively for religious worship, whether inside or outside of the City limits; c. Within five hundred (500) feet of any public or private school (grades K -12) or child care establishment, whether inside or outside the City limits; d. Within five hundred (500) feet of any public park or playground, or any city facility, including, but not limited to, city hall, the city library, and any police or fire station; e. Within five hundred (500) feet of any property upon which is located a business with a Type 40, 42, 48 or 61 on -site alcoholic beverage license; f. Within one thousand (1,000) feet of any other adult business, whether inside or outside the City limits; g. Within one thousand (1,000) feet of any massage establishment, whether inside or • outside the City limits. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • 3. The distances specified in this division section will be measured in a straight line, without regard to intervening structures, from the nearest property line of the premises in which the proposed adult business is to be established to the nearest property line of a use or zoning classification listed above. C. Adult Business License Required. Adult businesses must obtain and maintain an adult business license in compliance with all applicable requirements of Chapter 5.08 of this code. Adult business performers must obtain and maintain an adult business performer license in compliance with all applicable requirements of Chapter 5.10 of this code. (Ord. No. 903, § 9, 4- 12 -11) 17.30.040 Alcohol beverage sales. Sub - sections: A. Purpose. B. Applicability. C. Operating standards. D. Signs. E. Permit requirements. A. Purpose. The purpose of.this section is to preserve a healthy and safe environment for residents and • businesses by establishing a set of consistent standards for the safe operation of retail alcohol sales establishments. It is recognized that hospitality, entertainment, recreation and related businesses are a significant part of the City's economy, and that alcoholic beverage sales are important to the operation of these businesses. It is also recognized that alcohol abuse can create environments that jeopardize the continued success of these businesses and seriously affect the health, safety, and general welfare in surrounding areas, particularly residential neighborhoods. • This section provides regulations to reduce the costly and harmful effects of irresponsible alcohol sales and consumption on the City, neighborhoods, local businesses, residents, law enforcement, medical care, and educational, preventive, treatment and rehabilitation resources. B. Applicability. The provisions in this Section shall apply to the sale of alcoholic beverages where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following standards. C. Operating standards. This Section establishes operational standards for defined establishments involved in the sale of alcoholic beverages. 1. Alcohol Consumption on Premises Prohibited. Consumption of alcoholic beverages inside a retail alcohol sales establishment, outside the building, or elsewhere outside on the premises shall be prohibited. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 3 • 2. Sales Activities. Alcoholic beverages shall not be sold: a. Outside the exterior walls of the alcohol sales establishment; or b. From drive -up or walk -up service windows; 3. Litter and Graffiti. The owner /operator shall: a. Maintain the exterior of the premises, including signs and accessory structures, free of litter and graffiti at all times; b. Provide for daily removal of trash from the premises and abutting sidewalks or alleys within twenty (20) feet of the premises; and 4. Security. The Planning Commission may require on -site security (for example security personnel, security programs, and /or surveillance devices), both inside and outside the building, to satisfy concerns raised by the Chief of Police. 5. Sales training. a. Personnel. Owners, operators, and managers of establishments selling alcoholic beverages shall complete a Licensee Education on Alcohol and Drugs (LEAD) program sponsored by the Department of Alcoholic Beverage Control. b. Records. Records of each owner's and operator's successful completion of the • LEAD training program shall be maintained on the premises and shall be presented to a representative of the City upon request. 6. Conditions of approval. The owner /operator shall maintain a copy of the most recent City permit, conditions of approval, and operating standards on the premises and shall post a notice that these are available for review on the premises. The posted copy shall be signed by the permittee. 7. Public telephones. Upon request of the Chief of Police or as required by the ABC, a public telephone located on the premises or in an adjacent area under the control of the owner /operator shall be equipped with devices or mechanisms that prevent persons from calling in to that public telephone. D. Signs. Signs shall comply with Chapter 17.116 (Signs). In addition, the following shall apply: 1. Window signs shall not obstruct the view of the interior of the premises (e.g., sales counter, cash register, employees, customers, etc.) from the exterior. 2. Loitering, open container, and other signs specified by the Alcoholic Beverage Control Act shall be posted as required by the ABC. E. Permit requirements. 1. New Permits. A conditional use permit, obtained pursuant to the provisions of Chapter 17.132 (Conditional Use Permits), shall be required for any business that sells alcoholic • beverages for on -site or off -site consumption. This requirement shall apply to any new TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 14 • business proposed to locate within the City, as well as to existing businesses applying for a new State permit to sell alcoholic beverages. All required permits and licenses shall be obtained prior to commencement of the use. 2. Required Findings. Prior to approval of a new or modified permit for an alcohol sales establishment, the Planning Commission shall find that the use is consistent with the purpose and intent of this section. This finding shall be in addition to the findings required by Chapter 17.132 (Conditional Use Permits). In making the required finding, the Planning Commission shall consider the following: a. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. b. The numbers of alcohol - related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. c. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. d. Whether or not the proposed modification will resolve any current objectionable conditions. 3. The burden of proving that the proposed use will not adversely affect the welfare of • nearby residents or detrimentally affect nearby residentially zoned communities, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors shall be the applicant's. 17.30.050 Automated teller machines (ATMs) and walk -up bank services. Sub - sections: A. Purpose. B. Applicability. C. Development standards. A. Purpose. This Section provides the development standards for Automated Teller Machines (ATMs) and walk -up bank services. B. Applicability. The provisions in this Section shall apply to ATMs and walk -up bank services as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards). C. Development standards. 1. The ATM should be set back three (3) feet into an alcove adjacent to the public sidewalk • to provide a privacy area. TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • 2. Adequate lighting for the ATM shall be provided. 3. The ATM shall provide rear -view mirrors and cameras that can record activity and have quality color video capabilities for surveillance purposes. 4. The ATM shall comply with ADA accessibility standards 5. A trash receptacle shall be immediately accessible to the ATM. 6. ATMs and walk -up bank services are subject to the approval of the Planning Division. 7. 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. 17.30.060 Automobile car wash (full service and self- service). Sub - sections: A. Purpose. B. Applicability. C. Development standards. A. Purpose. • This Section provides standards for the establishment and operation of new automobile car wash facilities and for the modification or expansion of existing facilities. B. Applicability. The provisions in this Section shall apply to automobile car wash facilities as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following standards. • C. Development standards. 1. The architecture of the development shall reflect a sensitivity to the character of the surrounding neighborhood and attempt, where feasible, to be consistent with, or complementary to, neighborhood character. 2. All setback areas, except where used as walkways or drive aisles for vehicles, shall be suitably landscaped and provided with an automatic sprinkler system and moisture - sensing devices. 3. Access and driveways. No site shall have more than two (2) access ways to any one street, and no driveway shall be allowed within twenty (20) feet of a street corner. However, the City Engineer shall have the authority to place additional restrictions on driveways and access as necessary to enhance vehicular and pedestrian safety in the immediate vicinity of the site. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • 4. Retail sales. The retail sale of goods is permitted, provided parking is provided as required for retail business. 5. Parking. No vehicle shall be parked on the site other than those belonging to customers and employees. Adequate parking shall be provided for customers and employees. Storage of vehicles is prohibited. See Chapter 17.112 (Off- Street Parking and Loading) for additional parking requirements. 6. Lighting. All outside lighting shall be oriented and shielded to prevent glare, reflection, or any nuisance or hazardous interference with adjacent uses or streets. 7. Water conservation and anti - spillage plans shall be submitted and approved by the Community Development Director. 8. Utilities. All utility services extended to the building shall be installed underground. 9. Restrooms. All restroom entrances facing or visible from a public right -of -way shall be screened by solid decorative screening six (6) feet high. 10. Vehicles to be serviced shall be parked in designated areas only. Such vehicles may not be located in the required off - street parking or landscape areas nor on any public sidewalk, parkway, street or alley. 11. No portion of the lot, outside of the building, shall be used for storage of any type, unless designated and approved by the Community Development Director. • 12. All waste materials shall be handled and disposed of in accordance with local, State, and Federal laws and policies. No waste material shall be washed or poured into any public alley, street, storm drain or sewer. • 17.30.070 Automotive tube and tune facility. Sub - sections: A. Purpose. B. Applicability. C. Development and operating standards. A. Purpose. This Section provides standards for the establishment and operation of new automotive lube and tune facilities and for the modification or expansion of existing facilities. B. Applicability. The provisions in this Section shall apply to automotive lube and tune facilities as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following standards. C. Development and operating standards. TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 7 • 1. Retail sales. The retail sale of goods is permitted, provided parking is provided as required for retail business. 2. Parking. No vehicle shall be parked on the site other than those belonging to customers and employees. Adequate parking shall be provided for customers and employees. Storage of vehicles is prohibited. See Chapter 17.112 (Off- Street Parking and Loading) for additional parking requirements. 3. Access and driveways. No site shall have more than two (2) access ways to any one street, and no driveway shall be allowed within twenty (20) feet of a street corner. However, the City Engineer shall have the authority to place additional restrictions on driveways and access as necessary to enhance vehicular and pedestrian safety in the immediate vicinity of the site. 4. Utilities. All utility services extended to the building shall be installed underground. 5. Restrooms. All restroom entrances facing or visible from a public right -of -way shall be screened by solid decorative screening six (6) feet high. 6. Vehicles to be serviced shall be parked in designated areas only. Such vehicles may not be located in the required off - street parking or landscaped areas nor on any public sidewalk, parkway, street or alley. 7. No portion of the lot, outside of the building, shall be used for storage of any type, unless designated and approved by the Community Development Director. • 8. Drainage and Pollution Control. Drainage shall be by underground structures to avoid drainage across sidewalks or drive aprons. In addition, a lube and tune facility shall incorporate pollution control best management practices (BMPs) designed to prevent or minimize runoff of oil and grease, solvents, car battery acid, coolant, gasoline, and other pollutants into the stormwater system. The Public Works Director shall approve drainage and pollution control methods, if appropriate. All hazardous waste must be stored within an enclosed building or underground tank. All waste materials shall be handled and disposed of in accordance with local, state and federal laws and policies. No waste material shall be washed or poured into any public alley, street, storm drain or sewer. 17.30.080 Automotive service station. Sub - sections: A. Purpose. B. Applicability. C. Physical site controls. D. Site development standards. A. Purpose. This Section provides standards for the establishment and operation of new automotive service station and for the modification or expansion of existing facilities. • B. Applicability. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES The provisions in this Section shall apply to automotive service stations as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following standards. C. Physical Site Controls. Street Frontage. The minimum street frontage of a service station site shall be not less than one hundred twenty (120) feet on any street. 2. Lot Area. Minimum area required shall be not less than fourteen thousand (14,000) square feet. 3. Setbacks. a. Minimum setbacks for any building shall be not less than ten feet from any property line, and not less than twenty -five (25) feet from any property line which adjoins a dedicated street, except that on any property abutting an alley, buildings may be established on the property line abutting the alley. Overhead canopies not less than ten feet high may extend to not less than two (2) feet of any property line. b. Gasoline pumps, or other facilities for providing automobiles with gasoline, and pump islands on which they are placed, shall be set back not less than fifteen (15) feet from any adjoining property line. c. Additional setbacks may be established by the Planning Commission if deemed • necessary to provide for the protection of the safety, health or welfare of the adjacent property owners. E 4. Site Development Standards. a. Perimeter Property Line Walls. Where a service station adjoins property in a residential zone a six (6) foot high solid masonry wall shall be constructed adjacent to contiguous side or rear property lines, except that within twenty (20) feet of any street front property line, walls shall not exceed three (3) feet in height. Screening. 1) Outside entrances to restrooms shall be screened from view of adjacent properties or street rights -of -way by decorative screening not less than six (6) feet high. The bottom of the screen shall be open twelve (12) inches to eighteen (18) inches above grade for light access and ventilation. 2) Trash Areas. The development shall be improved with solid waste and recyclable material collection in accordance with Chapter 17.64 (Accessory Structures). c. Landscaping. 1) Planters, not less than five (5) feet wide, shall be located and maintained adjacent to every street frontage, unless modification of this requirement is 4rst obtained from the Planning Commission. 2) No less than one hundred (100) square feet of planting area shall be located and maintained at the intersection of two (2) property lines at a street corner. TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 9 • 3) Unless otherwise approved, raised planters, not less than three (3) feet wide and of appropriate length, shall be located and maintained along the building facades facing any street. 4) All planting areas shall be separated from adjacent paving by a minimum six -inch high curb, or a low planter wall not to exceed three (3) feet in height. 5) All planting, other than trees, shall be of a variety that will not achieve a height greater than thirty (30) inches or that can be maintained at said height. Plantings shall not be thorny or spiked, and shall not extend over any abutting sidewalk. 6) All landscaped areas shall have permanent irrigation systems, and such areas shall be kept planted and maintained. 7) Unless otherwise approved or indicated, planters not less than three (3) feet wide and not less than twenty -five (25) feet in length shall be located and maintained along interior property lines; trees to be planted and maintained not more than thirty (30) feet apart, in said planters. 8) Not less than five (5) percent of the gross service station site shall be landscaped. d. Drainage and Pollution Control. Drainage shall be by underground structures to avoid drainage across sidewalks or drive aprons. In addition, a service station shall incorporate pollution control best management practices (BMPs) designed to prevent or minimize runoff of oil and grease, solvents, car battery acid, coolant, gasoline, and other pollutants into the stormwater system. The Public Works Director shall approve drainage and pollution control methods, if appropriate. All hazardous waste must be stored within an enclosed building or underground tank. All waste materials shall be handled and disposed of in accordance with local, state and federal laws and • policies. No waste material shall be washed e or poured into any public, alley, street, storm drain or sewer. 1.'eet to a the el of the Gity Cee'n the ......... • e. Permitted and Prohibited Activities. 1) Sale, Lease or Rental Items. a) There shall be no sale or distribution of carbonated drinks, candy, coffee, cigarettes, or other similar items, except from dispensers within or abutting the building. b) There shall be no sale or distribution of peat moss, fertilizer, toys or other promotional items except from stock piles located within or to the rear of the building. G) TheFe shall be RE) eF trailers. The lease ' rental of .. t.......1 "es ♦. ..L.. . tFaile Fs shall 4... eh'eles peFmitted, the'. Ieeatie .. the site the exteet of use, pt that this Fe6tFiGtiGR shall net apply lR aRY M zone. d) No commercial vehicles over seven thousand five hundred (7,500) pounds (gross weight), except vehicles operated by the permittee as a normal incidental service station use, shall be permitted to be stored on the site between ten p.m. and six a.m. 2) General operation standards. a) All repair work shall be conducted within the enclosed building. b) Parking areas and drive aisles shall remain unobstructed in a manner to provide for vehicular maneuvering. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • c) Vehicles to be repaired shall be stored or parked in designated areas only. Such vehicles may not be located in the required off - street parking or landscape areas nor on any public sidewalk, parkway, street or alley. d) No portion of the lot, outside of the building, shall be used for storage of any type, unless designated and approved by the Community Development Director. All trash and debris shall be contained within approved trash enclosure(s). Access, Parking and Circulation Requirements. 1) Access Ways— Driveways. a) Each developed site shall not have more than two (2) access ways (driveways) to any one (1) street unless specifically approved by the Planning Commission. b) Access ways shall not be located within five (5) feet of any adjoining residential side property lines. Parking. 1) Two (2) parking spaces shall be provided for each working bay in the building and one for each employee on the largest shift. 2) No vehicles may be parked on sidewalks, parkways, driveways, alleys or planting areas. h. Miscellaneous Provisions. 1) Signs as permitted by this Code, except that, unless when otherwise approved by the Planning Commission: • a) There shall be no more than two (2) freestanding name signs, and no portable price or promotional signs. b) There shall be no signs in excess of thirty -five (35) feet in height unless otherwise specifically approved by the Planning Commission. c) Price or promotional signs shall not exceed twelve (12) square feet in face area. Not more than two (2) permanent and internally lighted double -faced signs may be erected on fixed pipe supports, the overall height not to exceed seven (7) feet, or in lieu thereof one sign may be suspended from the station sign or column supporting such sign, with at least seven (7) feet of clearance from the ground level. Location of such signs shall be first obtained from the Community Development Director. d) TheFe shall be RE) PFE)FHGtqenal flags, baRReFs eF SiqRs d splayed outside af+y of this seGtion without issuaRGe of a val d th rty (30) day display permit by the ($25.00) Fefundable deposit to oara.tc. ....al of the display. C eh display or Fn tS m a. .my be eed oo, fn. te.mpe Fai:y V e. ed at to e thiFt y (30) days e. e) Signs shall be placed to eliminate or minimize any glare, reflection or light on adjoining property or buildings, or interference with vision of pedestrian or vehicular traffic. f) No blinking, flashing animated or giant statuary signs are permitted. Reveling SigR6 may net a eed eight r ,el t'n PeF MOR de 2) LightiRg. Guts de Ilght'. shall be arranged need shielded c as to n nt la reflee.t'n L...zaF de. tff d 'n e.nne a . nere.enne o n .. kined to aje n ' cben ty. • TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • i. Hours of Operation. 1) Unlimited, except as otherwise provided by the Planning Commission. 5. Automotive - Related Uses (General Standards and Conditions of Approval) a. Parking areas and drive aisles shall remain unobstructed in a manner to provide for vehicular maneuvering. b. Vehicles to be repaired shall be stored or parked in designated areas only. Such vehicles may not be located in the required off - street parking or landscape areas nor on any public sidewalk, parkway, street or alley. c. All trash and debris shall be contained within approved trash enclosure(s). • 17.30.090 Body art. • Sub - sections: A. Applicability. B. Development Standards. A. Applicability. This section shall apply to Body Art Establishments where tattooing and body piercing are conducted, with the exception of tattoos, piercings or removal of tattoos performed by board - certified medical or dental personnel within an office as part of a medical or dental procedure. Also, piercings involving only the outer perimeter or lobe of the ear using a pre - sterilized single use stud and clasp ear - piercing system performed as an ancillary use in conjunction with a permitted primary use are exempt from the following requirements. B. Development Standards. Body Art Establishments shall comply with the following requirements. 1. There shall be a minimum of forty -five (45) square feet of floor space for each procedure area. The procedure area(s) must be separated from other functions including bathrooms and retail sales areas, or any other area that may cause potential contamination of work surfaces. TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • 2. Each Body Art Establishment shall have a readily accessible sink that is not in a public restroom and is equipped with hot and cold running water, no -touch faucet controls, liquid hand soap, single -use paper towels and a garbage can. 3. No person shall conduct branding, cutting, implantation, suspension, or scarification; pierce or tattoo genitalia or female nipples; nor perform tattooing or piercing while under the influence of alcohol or controlled substances. 4. At no time shall alcoholic beverages be sold, dispensed, possessed, brought or allowed on the premises of any body art establishment. 5. Tattooing or piercing of persons under the age of 18 shall not be permitted except if accompanied by a parent. Technicians shall request proof of age prior to performing procedures. 6. All surfaces within procedure areas shall be smooth, nonabsorbent and easily cleanable. Procedure surfaces shall be cleaned and sanitized after each client. All facilities shall be maintained in a clean and sanitary condition. 7. Only service animals may be allowed in the establishment. No animals shall be allowed in the procedure area(s). 8. Effective measures shall be taken by the operator to prevent entrance, breeding, and harborage of insects, vermin, and rodents in the establishment. • 9. Body Art Establishments shall operate only between the hours of 9:00 a.m. and 9:00 p.m. • 17.30.100 Donation boxes -outdoor. Sub - sections: A. Purpose. B. Applicability. C. City standards. D. Application procedure. A. Purpose. The purpose of this Section is to regulate the placement of unattended donation boxes within the city. The procedures and requirements of this chapter are enacted to: 1. Promote the community's health, safety, and welfare by regulating unattended donation boxes for clothing or other salvageable personal property within the City; 2. Promote that unattended donation boxes do not pose a hazard to pedestrian and vehicular traffic; 3. Promote that material is not allowed to accumulate outside of the unattended donation boxes where it can be scattered by adverse weather conditions, animal contacts or human activities; and TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 113 B. Applicability. The provisions in this Section shall apply to unattended donation boxes as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following standards. C. City standards. Outdoor charitable donation boxes shall comply with all of the following location, development, and operational standards. 1. No more than one donation box shall be allowed on a single site or shopping center. 2. No unattended donation box shall be placed within 400 feet from another unattended donation box 3. The donation box shall be secured against theft or unauthorized removal. 4. The party responsible for the donation box shall ensure that the box and surrounding site are properly maintained and that donated materials do not fall, spill, or accumulate outside of the box. If the party responsible for the donation box fails to provide the required maintenance, the property owner shall be responsible for all of the maintenance specified in this Subparagraph. 5. The party responsible for the donation box shall ensure that the box is removed and the site is cleared of any evidence of its previous setup when the box is no longer needed or has been inactive for sixty (60) days. If the party responsible for the donation box fails to provide the required removal and clean -up, the property owner shall be responsible for the removal and clean -up specified in this Subparagraph. D. Application procedure. The approval of an administrative Site Plan and Design Review by the Planning Division shall be required prior to the placement of any outdoor donation box. 17.30.110 Drive - through or drive -up facilities. Sub - sections. A. Purpose. B. Applicability. C. City standards. A. Purpose. The purpose of the following provisions is to provide location and operational standards for retail trade or service uses providing drive - through and drive -up facilities to ensure that the facilities are designed and operated to effectively mitigate problems of congestion, excessive pavement, litter, noise, pedestrian safety, traffic, and unsightliness. (See Figure 17.30.100.1, Drive - Though Site Planning) B. Applicability. The provisions in this Section shall apply to drive - through facilities as defined in Article 1, • Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 14 • Districts, Allowable Land Uses and Zone Specific Standards) and the following City standards. C. City standards. The Traffic Engineer may modify the following standards to accommodate specific site conditions. 1. Drive - through aisles should be inwardly focused within the site and located away from adjoining streets and adjoining properties, wherever feasible. 2. Pedestrian walkways (including ADA access areas) should not intersect the drive - through access aisles, but where they do, they shall have clear visibility and be emphasized by enhanced paving or markings. 3. The provision of drive - through and drive -up service facilities shall not justify a reduction in the number of required off - street parking spaces. 4. Drive - through access aisles should provide sufficient space before the menu board to accommodate at least five (5) waiting vehicles and at least five (5) waiting vehicles between the menu board and the drive -up service window. Drive - through access aisles shall be for vehicle stacking only. Drive - through access aisles shall provide adequate queuing space before a menu board or a pick -up /service window for an ATM, pharmacy, or similar use. Drive - through access aisles shall have a minimum ten (10) foot interior radius at curves and a minimum twelve (12) foot width; • 5. Drive - through access aisles shall be separated by curbing and landscaping from the circulation routes necessary for ingress to or egress from the property or access to a parking space; Drive - through lanes shall be designed separately from drive - through access aisles and shall avoid the blocking of parking stalls or pedestrian access. u 6. As practical, visibility of outdoor menu and preview boards should be minimized from any adjoining street(s). Additional landscape areas or shrub plantings may be required to provide proper screening. Any proposed carhop and /or walk -up menu boards shall not exceed four (4) square feet in area. 7. Amplification equipment (e.g., speakers at menu boards) shall be located so as not to adversely impact adjoining uses and shall be operated in compliance with Title 8, Chapter 8.36 (Noise Control). Outdoor piped music shall be prohibited. 8. Each drive - through aisle should be appropriately screened with a combination of landscaping, low walls, and /or berms maintained at a minimum height of three (3) feet to prevent headlight glare from impacting adjacent streets, adjoining properties, and parking lots. 9. A minimum six (6) foot high solid decorative masonry wall shall be constructed on each property line that adjoins a parcel zoned for and /or developed with a residential use. A minimum five (5) foot deep landscaping strip shall be provided between the wall and any driveway. TITLE 17- ZONING ARTICLE 3- REGULATIONS FOR SPECIAL USES AND STRUCTURES 115 �J Figure 17.30.100.1 Drive - Throuah Site Plannina 17.30.120 Emergency shelters and temporary aid centers. Sub - sections. A. Applicability. B. Emergency shelters. C. Temporary aid centers. • A. Applicability. The requirements of this section apply to all emergency shelters and temporary aid shelters as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards). Upon providing documentation sufficient to allow the Community Development Director to determine that the following operational standards will be met, an emergency shelter or temporary aid center may begin operation. • B. Emergency Shelters. 1. Location. a. An emergency shelter may be on any parcel in M -1 (Light Manufacturing and Industrial), except that no emergency shelter development will be permitted on any lot that abuts the R -1 (Single - Family Residential) zone. b. The shelter shall be located within one - quarter mile of a bus stop. 2. Capacity. Emergency shelters may provide a maximum of seven (7) beds per establishment. 3. Maximum length of stay. The maximum length of stay of any person shall be six (6) months. TITLE 17 — ZONING ARTICLE 3 — REGULATIONS FOR SPECIAL USES AND STRUCTURES �/ Q Nanu Bw,tl V O Rnteumnt o,... MrouV� CiC .l N kt!b Y_,, � 2�`S Enlnrcs � uF L'.. rEmut. � on..uy wi.'w.'. � Chi t� lb GI • S�J� wlk ells Shat 17.30.120 Emergency shelters and temporary aid centers. Sub - sections. A. Applicability. B. Emergency shelters. C. Temporary aid centers. • A. Applicability. The requirements of this section apply to all emergency shelters and temporary aid shelters as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards). Upon providing documentation sufficient to allow the Community Development Director to determine that the following operational standards will be met, an emergency shelter or temporary aid center may begin operation. • B. Emergency Shelters. 1. Location. a. An emergency shelter may be on any parcel in M -1 (Light Manufacturing and Industrial), except that no emergency shelter development will be permitted on any lot that abuts the R -1 (Single - Family Residential) zone. b. The shelter shall be located within one - quarter mile of a bus stop. 2. Capacity. Emergency shelters may provide a maximum of seven (7) beds per establishment. 3. Maximum length of stay. The maximum length of stay of any person shall be six (6) months. TITLE 17 — ZONING ARTICLE 3 — REGULATIONS FOR SPECIAL USES AND STRUCTURES • 4. Intake/Waiting areas. On -site intake areas shall be enclosed or screened from the public right -of -way and adjacent properties. Queuing within the public right -of -way or any parking area is not permitted. 5. Lighting. Lighting shall be stationary, directed away from adjacent properties and public rights -of -way, and of an intensity that is consistent with existing lighting in the neighborhood. 6. Noise. For the purposes of noise abatement, organized outdoor activities and intake of residents in non - enclosed areas may only be conducted between the hours of 7:00 a.m. and 10:00 p.m. On -Site Management. The shelter shall have full -time on -site management. Emergency shelter providers must submit a written management plan prior to beginning operation, including provisions for staff training, and counseling, treatment, and training programs for residents. The management plan shall be subject to approval by the Community Development Director. 8. Parking. Emergency shelters that do not accept walk -in clients must provide one (1) parking space for clients and sufficient parking to meet the needs of the shelter's on -site management. Shelters that accept walk -in clients must provide two (2) parking spaces for clients and sufficient parking to meet the needs of the shelter's on -site management. Nonoperational and unregistered vehicles shall not be kept on site. Towing shall be the responsibility of the shelter operator. 9. Client Restrictions. Emergency shelter providers must screen for and refuse service to registered sex offenders as part of their client intake process. 10. Security. Emergency shelter providers must submit a written security plan prior to beginning operation that includes the hours of operation, intake /discharge procedures, screening of clients prior to admission to the shelter, and provisions for on -site security guards, if any. A site plan shall also be provided which clearly indicates parking areas, lighting, and the location of on -site walk -in and client intake areas. The security plan shall be subject to approval by the Chief of Police. 11. Separation from other shelters. No emergency shelter shall be located within a radius of 300 feet from the nearest shelter, as measured from property line to property line. This requirement does not apply to Temporary Aid Centers. 12. Storage. For emergency shelters that accept walk -in clients, an enclosed area must be provided for residents to store their belongings, such as bicycles, shopping carts, and other possessions. C. Temporary aid centers. 1. Intake /waiting areas. On -site intake areas shall be enclosed or screened from the public right -of -way and adjacent properties. Queuing within the public right -of -way or any parking area is not permitted. • TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 17 • 2. Lighting. Lighting shall be stationary, directed away from adjacent properties and public rights -of -way, and of an intensity that is consistent with existing lighting in the neighborhood. 3. Noise. For the purposes of noise abatement, organized outdoor activities and intake of residents in non - enclosed areas may only be conducted between the hours of 7:00 a.m. and 10:00 p.m. 4. On -site management. Temporary aid centers must submit a written management plan prior to beginning operation, including provisions for staff training and counseling, training, treatment and programs for clients. The management plan shall be subject to approval by the Community Development Director. 5. Security. Temporary aid centers must submit a written security plan prior to beginning operation including, as applicable, the hours of operation, intake /discharge procedures, screening of clients prior to admission to the temporary aid center, and provisions for on- site security guards, if any. A site plan shall also be provided which clearly indicates parking areas, lighting, and the location of on -site walk -in and client intake areas. The security plan shall be subject to approval by the Chief of Police. 6. Temporary aid centers will not provide facilities for overnight stays 17.30.130 Hotels and motels. • Sub - sections. A. Purpose. B. Applicability. C. City standards. A. Purpose. The purpose of the following provisions is to provide development, location, and operating standards for hotel and motel projects in the City of Rosemead. B. Applicability. The provisions in this Section shall apply to hotel and motel uses as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following City standards. C. City Standards. Hotels in the C -3, C -4, and CBD zones and motels in the C -3, and CBD zones shall be subject to the following conditions: 1. Lot Area. The minimum area of the parcel or lot shall not be less than thirty -nine thousand (39,000) square feet. 2. Lot Width. Each lot shall have a minimum frontage of not less than one hundred (100) feet on a major street as depicted on the circulation element of the general plan. TITLE 17- ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • 3. Maximum Coverage. The maximum lot coverage of all structures shall not exceed forty (40) percent of the total lot area. 0 • 4. Floor Area Ratio (FAR): a. The FAR of a hotel or motel development must be consistent with the land use designation in the General Plan. The General Plan permits additional FAR in the Commercial and High Intensity Commercial land use designations for hotels only. I b. Hotels only in the Commercial or High Intensity Commercial land use designation in the General Plan may be developed up to a maximum permitted FAR of 1.0:1 if the projects meet the required development standards identified in the table below. 1) If a project in one of these land use designations does not meet all of the required amenity standards described in the table below, a maximum FAR of 0.35:1 shall be allowed. 2) A hotel project may substitute two (2) additional amenities from the table below for each required amenity. TABLE 17.30.110.2 Hotel and Motel Amenity Standards - Required Amenities Motel Hotel Business Center Service' Not Required Required Complementary breakfast Not Required Required In -room wired or wireless high speed internet Not Required Required Additional Amenities: Multi- function ballroom /meeting rooms Not Required Optional Restaurant or bar /lounge Not Required Optional Concierge desk Not Required Optional Convenience store /snack shop Not Required Optional Daycare services Not Required Optional Day spa /salon Not Required Optional Fitness Center Not Required Optional Florist or gift shop Not Required Optional Laundry Service Not Required Optional Pool or spa /Jacuzzi Not Required Optional Additional Amenities: (Continued) Motel- Hotel Reception Lounge Not Required Optional Room service Not Required Optional self- service laundry Not Required Optional Valet Parking Not Required Optional 'Business Genter Service includes guest access to cenrrauy locarea compurer, Tax, ana copy macnme. 5. Number of Rooms. a. Hotels: Minimum fifty (50) Rooms TITLE 17 — ZONING ARTICLE 3 — REGULATIONS FOR SPECIAL USES AND STRUCTURES • b. Motels: No minimum. 6. Floor area per guest room: a. Hotels: Minimum four hundred (400) square feet b. Motels: Minimum three hundred (300) square feet c. For the purposes of this section the floor area per guest room shall be calculated by dividing the total gross floor area of the project by the total number of rooms. 7. Interior. /Exterior Corridors: a. Hotels: Interior Corridors only b. Motels: Exterior corridors permitted 8. Landscaping. A minimum of ten (10) percent of the total lot area is to be landscaped. 9. Yards. Side and rear yards, when abutting residentially zoned or used property, shall be not less than ten (10) feet from property line. 10. If requested by a motel /hotel operator /owner in applying for a conditional use permit, f notwithstanding Section 5.42.030 of this Code, the owner /operator may rent rooms for • extended periods exceeding thirty (30) consecutive days or thirty (30) days in any sixty (60) consecutive day period, as authorized by the conditional use permit. The right to rent rooms for extended periods as authorized by the conditional use permit shall be conditioned upon the owner /operator agreeing to pay and paying to the city at the time set forth in Section 3.16.070 for remission of transient occupancy tax payments, a payment in lieu of taxes in an amount equal to the transient occupancy tax that would otherwise be payable were the units occupied for less than thirty (30) days. In determining the number of units in a motel /hotel complex that may be so occupied, the Planning Commission shall consider the following criteria: a. Whether or not the overall site design and the floor plans of individual rooms proposed are conducive to extended occupancy. b. Whether or not adequate parking and other amenities are provided to support extended occupancy. c. Whether or not the renting of rooms for more than thirty (30) consecutive days is likely to lead to or, in the case of existing motels /hotels, has lead to, police problems due to the design of the motel /hotel and /or the nature of the surrounding area. In applying for the conditional use permit, the owner /operator shall determine the number and /or percentage of rooms to be offered for extended occupancy. The Planning Commission may approve the request as submitted or may establish an alternate number and /or percentage based upon the review of the above criteria, provided, however, that the number shall not be less than twenty (20) percent of the total number of rooms in the hotel or motel nor more than thirty (30) percent of the . total number of rooms. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 120 • 11. The owner and /or operator of any such hotel or motel shall have and maintain only one meter for each utility service to the entire use. 12. A hotel or motel may provide manager's quarters not to exceed one (1) dwelling unit, which complies with the minimum multifamily (R -3) standards as set forth in this Zoning Code. 13. Every hotel and motel shall have a security system designed to the satisfaction of the Chief of Police which shall include surveillance of arrivals, departures, and parking areas from the office and security hardware, cameras, alarms and lighting. 14. Every hotel and .motel shall have an office with a registration desk, and the office shall be located in close proximity to the entry driveway to the street front. 15. Vehicles exceeding eighty (80) inches in width shall not be permitted to park in any parking space required for motel customers. In addition to the parking spaces required for each guest room, every motel shall provide at least one designated recreational vehicle parking space, which is a minimum of ten (10) feet by thirty (30) feet, for each twenty -five (25) rooms in the motel complex. 16. Vehicles exceeding eighty (80) inches in width shall not be permitted to park in any required parking lot used exclusively for hotel customers. (Noncommercial) recreational vehicles or motor homes shall be permitted to park in such lots, if at least one designated recreational vehicle parking space, which is a minimum of ten (10) feet by • thirty (30) feet, is provided for each twenty -five (25) rooms in the hotel complex. 17. Every hotel and motel shall be operated in compliance with the operational standards of Chapter 5.42 of this Municipal Code. F 18. An economic feasibility study shall be submitted to the Planning Department for review and approval. The economic feasibility study shall be prepared by a professional who is familiar with preparation of such documents. The study shall include data to support a finding that there is a demonstrated need for the project and that the project will economically benefit the community as a whole. This section shall not apply to hotels and motels in existence on April 28, 1987 or to expansions allowed pursuant to Section 17.30.130.0.20 of this Title. 19. Conditional use permits granted for hotels and motels that were in operation on April 28, 1987, shall require compliance with subsections 1, 2, 3, 8, 9, 11 and 14 only to the extent that said requirements can be imposed without requiring significant and unduly expensive physical modifications to the property or structures of the motel or hotel complex. 20. The floor area of an existing motel or hotel which has a valid conditional use permit may be increased one time up to 25% or 7,500 square feet, whichever is less. The expansion itself must meet the requirements of this Title related to setbacks, lot coverage, FAR, height, parking, security system requirements, and operational standards in accordance with Chapter 5.42 of this Municipal Code, but is not required to compensate for any deficiency or nonconformity in the original building or use. TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • Expansions allowed by this section are allowed by right with no discretionary approvals, including but not limited to a Conditional Use Permit or Design Review, required. 17.30.140 Internet Cafes and Game Arcades. Sub - sections: A. Purpose. B. Applicability. C. City standards. A. Purpose. This Section provides location, development, and operating standards for Internet Cafes and game arcades. B. Applicability. The provisions in this Section shall apply to Internet Cafe and Game Arcades as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following City standards. C. City standards. The following provisions shall apply to Internet and Cyber Cafes and Game Arcades as defined in Article 1 and where allowed in compliance with this Chapter. • 1. No Internet or Cyber Cafes or Game Arcade use shall be established or maintained within a 500 -foot radius, as measured from the property line, of any park, school, other internet cafe /arcade, or a public playground. 2. Adult- oriented business activities and /or uses are prohibited, unless specifically approved in compliance with the requirements of Chapter 17.56 (Adult Businesses). 3. Internet site blocking, for the purposes of restricting adult sites, shall be required. 4. Internet and Cyber Cafes and Game Arcades shall provide full -time adult attendants or supervisors, 21 years of age or older, at a ratio of at least one (1) attendant/supervisor for each ten (10) machines, plus one security guard for each twenty (20) machines or fraction thereof or as otherwise directed by the Community Development Director. 5. Hours of operation shall be limited to 8:00 A.M. to 10:00 P.M., Sunday through Thursday, and 8:00 A.M. to 12:00 A.M. midnight, Friday and Saturday, unless alternative hours are specifically approved through the Conditional Use Permit process. These hours of operation shall be posted in a conspicuous place to the satisfaction of the Community Development Director. 6. A person shall not enter, be, or remain in any part of an Internet and Cyber Cafe or Game Arcade while in the possession of, consuming, using, or under the influence of any alcoholic beverage or drug. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 22 • a. No licensee or manager shall permit any person in possession of, consuming, using, or under the influence of any alcoholic beverage or drug to enter or remain on the premises. b. Signs shall be posted stating this condition to the satisfaction of the Community Development Director. 7. Minors shall be accompanied by a parent or legal guardian after 10:00 P.M. and may not enter the facility during those times when any public school within the City is conducting its regular education program. Patrons who appear under the age of twenty five (25) shall present proper identification to verify their age before using the facility. Notice of these prohibitions shall be posted at the entrance to the satisfaction of the Community Development Director. 8. Adequate lighting shall be maintained inside the business and parking areas. An interior and exterior lighting plan shall be reviewed and approved by the Community Development Director before occupancy. 9. No window(s) shall be obstructed, tinted, or otherwise covered during business hours. 10. Establishments with internet access consisting of twenty five (25) percent or more of the gross floor area shall provide a waiting area with seating equal to one (1) seat for every four (4) computer stations. a. No waiting list may be maintained beyond the seating capacity of the waiting area. b. No outside waiting (loitering) or seating area shall be allowed and signs shall be posted stating this prohibition to the satisfaction of the Community Development Director. 11. The applicant shall submit and receive an approved plan from the Los Angeles County Fire Department. a. The plan shall address all exiting requirements of the Uniform Building and Fire Codes. b. This includes, but is not limited to, aisle locations and dimensions, equipment location, exiting, and panic hardware. 12. A security plan shall be subject to the review and approval of the Chief of Police. a. Security measures may include, but are not limited to additional security guards, background investigations of the business applicants, and surveillance video equipment. 13. To minimize noise issues, all computers shall utilize headphones with no external speakers allowed. 1 AFe ades A.e ades Rules and ulati9nn a.. Il— v'^a'�Irt^rt,.m.^vrrs. FOF the of this e6tie. the fell... tee..... a definee�l as • f0l'O S! TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 23 ae devices. a) Coon opeFated billiard tables f0F whiGh a permit is reqUiFed; b) Vending machiRes which dispense a pFedurt; 63 PlayeF pianos. 1 TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES h\ The a M .. ...he. of .n....h' s OR ally .,....,.de shall net e..neeid oFi rnaahine for every tweRty f ve (25) square feet ef gFOGS floor area allotted to the .. ...de n .,f....... rnanReF e that the intFusive sound level in ed'e nd a ..LJ.. a shall flat e)(Geed the f.Jl....; n nelse sta R.d....dS fe. the Inf'.. peFieds. Gumulatve peFi9d ..f fh'.1., (39) minutes on y ., he .. V, fe.f F „e ina\ d L.f' e.d of fifteen /d6) tes hE)UF, f'ff.. (50) albs• TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 125 G) Ambient Sound Level. if the ambient SeLIREI level within the adjaGeRt aFea the appl Gable standaFd feF that peFiod shall be the ambieRt SOURE1 level. 17.30.150 Karaoke KTV studios. Sub - sections: A. Purpose. B. Applicability. C. City standards. A. Purpose. This Section provides development and operating standards for Karaoke KTV studios. • B. Applicability. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 126 • The provisions in this Section shall apply to Karaoke KTV Studio uses as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following City standards. • C. City standards. Karaoke Studios are subject to the following conditions. 1. No alcoholic beverages to be served or allowed on the premises at any time. A sign reading "No Alcoholic Beverages Permitted" in lettering no less than four (4) inches in height and printed in English, Chinese, Cantonese or Mandarin, Vietnamese and Spanish shall be conspicuously posted at no less than two (2) locations inside the business. One such sign shall be posted at the registration /reservation area. In addition, no less than two international symbol "No Drinking" signs shall be conspicuously posted at different locations inside the business establishment. 2. No person, other than bona fide employees, may occupy premises between two a.m. and eight a.m. 3. All doors to Karaoke rooms shall remain unlocked and be incapable of being locked. The doors will have a minimum twenty -four (24) inch wide by thirty -six (36) inch high window in the upper half of the door. Each individual Karaoke room shall contain at least one other window as well. Full and unobstructed viewing into the room shall be maintained at all times. 4. The exterior door to each individual Karaoke room shall contain a conspicuously posted sign indicating the rated occupancy of the room pursuant to the Fire Code. 5. No persons under eighteen (18) years of age shall be allowed on the premises after ten p.m., unless accompanied by a parent or legal guardian. 6. The owner is responsible for maintaining a permanent register of all patrons by having each patron sign the register before allowing the use of a Karaoke room. The owner or his or her employee shall verify the identity of the patron by checking the patron's identification and legibly listing the full name of the patron in the register. 7. The owner of the establishment shall be strictly accountable for compliance with each condition imposed, whether or not the owner is personally present at the studio. 8. The studio shall adhere to the City's noise ordinance provisions as set forth in Title 8, Chapter 8.36 of this Municipal Code. 9. Nonconforming properties shall achieve conforming status before becoming eligible for KTV Studio use. 10. Off - street parking shall be provided as set forth in Chapter 17.112 of this Zoning Code. TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 27 • 17.30.160 Large and small family day care facilities. Sub - Sections: A. Purpose. B. Child day care — large family. C. Child day care — small family. A. Purpose. This Section provides standards for the location, development, and operation of both large and small family child day care homes in compliance with State law. B. Child day care — large family. 1. Purpose, This Subsection provides standards for the location, development, and operation of large family child day care homes for nine (9) to fourteen (14) children in compliance with State law. 2. Applicability. The provisions in this Subsection shall apply to large family child day care homes, as defined by current State law, which shall be allowed in all residential zones in compliance with Article 2 (Zoning Districts, Allowable Land Uses, and Zone Specific Standards) and the following standards. 3. State and other regulatory requirements. These standards shall apply in addition to requirements imposed by the California Department of Social Services and other regulatory agencies (e.g., Los Angeles County Fire Department). 4. City standards. All large family child day care homes shall comply with all of the following City standards: a. Licensing. The operator of a large family child day care home shall obtain and maintain a valid license from the California Department of Social Services in compliance with California Code of Regulations, Title 22, Division 12 (Child Care Facility Licensing Requirements). Large family child day care home permit required. 1) Review of Permit — Community Development Director. An Administrative Use Permit shall be reviewed and either approved or denied by the Community Development Director in compliance with the provisions of Health and Safety Code Section 1597.46(a)(3), this Section, and Chapter 17.128. 2) Approval of permit. The permit may be approved only if the large family child day care home complies with Health and Safety Code Section 1597.46(d), this Section, all applicable City ordinances, and any regulations adopted by the State Fire Marshall. c. Care provider's residence. The large family child day care home shall be the primary residence of the care provider, and the use shall be clearly residential in character and shall be incidental and accessory to the use of the property as a residence. d. Fences or walls required. 1) A six (6) foot high solid decorative fence or masonry wall shall be constructed and properly maintained along all property lines or around the area where • outdoor care is provided (as deemed appropriate by the Community TITLE 17 —ZONING ARTICLE 3 — REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 2a L Development Director), except in the front setback area, in compliance with the requirements of Chapter 17.68 (Fences, Walls, and Landscape Screening). 2) Fences or walls shall provide for safety with controlled points of entry. e. Play area and equipment. Outdoor play area(s), including all stationary play equipment, shall be located in the rear area of the parcel. Separation. 1) A large family child day care home proposed within a residential zone shall not be located within a three hundred (300) foot radius of another large family child day care home, other day care facility, or group home facility, disregarding the corporate boundary of the City. 2) The Community Development Director may allow more than one (1) large family child day care home within three hundred (300) feet of any another similar facility specified in Subparagraph (a), above, if the applicant first demonstrates one of the following to the satisfaction of the Community Development Director: a) Any existing large family child day care home located within three hundred (300) feet is at capacity; or b) The need exists for a particular or unique service not provided by an existing facility specified in Subparagraph (a), above, located within three hundred (300) feet of a proposed large family child day care home. g. Drop - off /Pick -up areas, and use of garages. 1) A minimum of two (2) off - street parking spaces shall be provided as a drop -off and pick -up area. The spaces shall be in addition to those required for the dwelling unit in compliance with Chapter 17.112 (Off- Street Parking and Loading). A driveway may be used to provide the spaces; provided, the City Engineer approves the arrangement based on traffic and pedestrian safety considerations. 2) A passenger loading plan shall be required to minimize noise and parking issues to the maximum extent possible. 3) A facility located on a through street classified as a collector or arterial street shall provide a drop -off and pick -up area that does not require backing into the street. 4) Garages shall not be used as a family child day care play area unless alternative on -site covered parking is available to meet minimum residential parking requirements. If alternative onsite parking is provided within a new enclosed garage, the existing garage shall be improved to meet Building and Fire Code regulations as a habitable space. h. Noise. In order to protect adjacent residential dwellings from noise impacts, a large family child day care home located within a residential zone may only operate a maximum of seventeen (17) hours each day between the hours of 6:00 A.M. and 11:00 P.M. and may only conduct outdoor activities between the hours of 7:00 A.M. and 9:00 P.M. No exterior evidence. There shall be no exterior evidence, advertising, or signage identifying the large family child day care home. j. Inspection required. TITLE 17- ZONING ARTICLE 3- REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 29 • 1) Before commencing operation of a large family child day care home, the City Building Inspector shall conduct an inspection of the premises on which the large family child day care home is to be operated to ensure that there is no unpermitted building, electrical, and /or mechanical improvements to the property. 2) The property owner shall obtain and finalize all required building permits for all unpermitted construction on the premises before commencing the onsite operation of a large family day care home. • k. Issuance of Large Family Day Care Home Administrative Use Permit. The Community Development Director shall issue the Large Family Day Care Home Administrative Use Permit before the operation of the large family child day care home begins, once the operator has demonstrated compliance with Health and Safety Code Section 1597.46(d), this Section, all applicable City ordinances, and any regulations adopted by the State Fire Marshall. C. Child day care home — small family. 1. Purpose. This Subsection provides provisions for the location and operation of small family child day care homes for eight (8) or fewer children in compliance with State law. Applicability. The provisions in this Subsection shall apply to small family child day care homes, as defined by current State law, where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses, and Zone Specific Standards) and the following standards. 3. State requirements. a. These provisions shall apply in addition to requirements imposed by the California Department of Social Services. b. The operator of a small family child day care home shall obtain and maintain a valid license from the California Department of Social Services in compliance with California Code of Regulations, Title 22, Division 12 (Child Care Facility Licensing Requirements). 4. Permitted by right. As required by State law (Health and Safety Code Section 1597.30 et seq. Small family child day care homes (eight (8) or fewer children) shall be considered a residential use of property and shall be an allowed use, permitted by right, within a residence located in a residential zone with no City land use permits required. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 30 • 17.30.170 Outdoor dining. Sub - sections: A. Purpose. B. Applicability. C. City standards. A. Purpose. This Section provides locational, developmental, and operational standards for outdoor dining area(s) located on private property as an accessory use to a legally established restaurant. B. Applicability. The provisions in this Section shall apply to outdoor dining area(s) as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards). C. City standards. 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 be a minimum of ten (10) feet from the nearest transit stop. • 3. 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. • 4. 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 shall compliment the design of the building and prevent passing or carrying alcoholic beverages outside the restaurant seating area and a sign shall be posted. 17.30.180 Recycling facilities. Sub - sections: A. Intent and purpose. B. Permit required. C. Applicability. D. Location, development, and operation standards. A. Intent and purpose. It is the intent and purpose of this section to encourage the recycling of reusable materials and provide convenient service locations for the citizens of the community as mandated by State law. It is also the intent of this section to establish minimum standards of development in order to insure compatibility of recycling facilities with the surrounding land uses to protect surrounding property values, and to maintain the health, safety and general welfare of the community. This Section provides location, development, and operation standards for TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 131 • various types of recycling facilities (e.g., reverse vending machine(s) and small collection facilities). B. Permit required. No firm, person, or corporation shall permit the placement or installation of any recycling facility without first obtaining either an Administrative Use Permit or Conditional Use Permit from the City pursuant to the provisions set forth in this Section. C. Applicability. The provisions of this Section shall apply to recycling facilities as defined in Article 1 (Purpose and Applicability of Zoning Code) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following standards. D. Location, development and operation standards. Recycling facilities shall comply with the • following requirements. • Reverse vending machines. Reverse vending machine(s) intended solely for recycling purposes shall be allowed in compliance with all of the following standards. The fellow da d Hall ply to nl'ng f.a..'I'f'e iStiR xcl ely of . vendiRg o'v' a. Reverse vending machines shall be installed as an accessory use in conjunction with a principal commercial use or community service facility which is in compliance with the zoning, building, and fire codes of the City. b. If located inside a primary structure, the machines shall be within thirty (30) feet of the entrance and shall not obstruct pedestrian circulation. The f.a...l.h, shall be located withiR thirty (30) feet of the entran6e to the eemmemial structure and shall M isbstr et ....dent: a ehie h. n u l alien c. If located outside the primary structure, the number of machines shall be limited to a maximum of two (2). The machines shall not occupy required parking spaces, shall be constructed of durable waterproof and rustproof materials(s), and shall be placed in a manner that is properly designed and constructed in terms of architectural treatment and security from vandalism, subject to the approval of the Community Development Director. d. Reverse vending machines shall not occupy parking spaces required by the primary use. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • e. Reverse vending machines shall occupy no more than fifty (50) square feet of floor space per installation, including any protective enclosure, and shall be no more than eight (S) feet in height. f. The area in front of the machines the facility shall be illuminated to ensure comfortable and safe operation, if operating hours are between dusk and dawn. g. The machines shall have operating hours shall be atlas which are consistent with the operating hours of the principal use. h. Reverse vending machines shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperable. i. The facility shall have a sign area of a maximum of four (4) square feet per machine, exclusive of operating instructions. j. The area surrounding pFopeFty aFeund the reverse vending machines shall be maintained in a clean, litter -free condition on a daily basis. A trash container shall be located near the machine to prevent littering. 2. Small collection facilities. The following standards shall be applicable to small collection facilities. a. Small collection facilities shall be established in conjunction with an existing • commercial use or community service facility which is in compliance with the zoning, building, and fire codes of the City. b. Small collection facilities shall be less t aR not exceed two hundred (200) square feet in area, not including space periodically used for removal of materials or exchange of containers. c. Small collection facilities shall be set back at least (10) feet from any public right -of- way StFeet line or publiG sidewalk and shall not obstruct pedestrian or vehicular circulation. d. The facility shall not be located within one hundred (100) feet of any parcel zoned or occupied for residential use. e. Small collection facilities shall accept only glass, metals, plastic containers, which have a CRV value, and other household beverage containers (i.e., plastic milk containers, wine bottles, etc.) papeFs and •° sable " °m^ f. Small collection facilities shall not use power- driven processing equipment except for reverse vending machines. g. Small collection facilities shall use containers that are constructed and maintained with durable waterproof and rustproof material. The GeMtaineFs shall be ^^V^•ed • TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 33 All recycled items shall be stored within a fully enclosed structure which is designed and constructed to ensure against unauthorized removal of items or in the mobile unit. The containers within the structure or mobile unit shall be of a capacity sufficient to accommodate the items collected and the collection schedule. Outdoor storage of recycled items shall be prohibited. h. The fully enclosed structure, the containers, and any site fencing shall be of a color and design that would be compatible and harmonious with the character of their location, subject to the review of the Community Development Director. Landscaping and other appropriate screening may be required on a case -by -case basis as a condition of the permit. Containers shall be clearly marked to identify the type of material which may be deposited. The facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation. A notice shall also be displayed stating that no material shall be left outside the recycling enclosure or containers. j. Signs may only be provided as follows: 1) Recycling facilities may have identification signs with a maximum area of fifteen (15) percent for each side of the structure or twelve (12) square feet, whichever • is greater. Ide •� fiGat:e:: a signs aFe limited to a mum of tW ..h, (ono ) p_- —n peF 'd a .de NG\ n feet .,h•ehe .e. In.ne. addition to ed .;RfeFFRat el - le the ____ of a .,heeled f.,.._I'f y the ,de will be FneaSU ed 2) Signs must be consistent with the character of the location. 3) Directional signs that contain no advertising message may be installed with the approval of the Planning DeepvFtFReR Division if necessary to facilitate traffic circulation, or if the facility is not visible from the public right of -way. 4) the eb le n'1 eh'ele and shell not leave ete.i.Js utside of a Melne.n whe„ attendaRt 'S Ret e6ent The f 'lily shell et impaiF the landseapiqff therete. k. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present. The mobile recycling units shall only be parked within the marked area. Small collection facilities shall be maintained free of litter and any other undesirable d .eeh'le faeilitie at •.•h'eh t. eL n ntaiR ed at the e..d materials. a„a ,......_�, _. . ee e.e e.e .ee,e„ The area used for mobile facilities shall be swept at the end of each collection day. m. Noise levels shall comply with the noise standards of this Code. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 134 • n. The facility shall not impinge upon or disturb the required landscaping for the principal use on the property. o. If the facility has an attendant, one parking space will be required in addition to the required parking for the principal use. No additional customer parking spaces will be required. be ffevided feF the atteRdaRt, if needed. p. Small collection facilities and any required attendant parking may occupy required parking spaces associated with the principal use on the site only if the following conditions are met. The maximum number of spaces, if such a reduction in required parking is allowed, is indicated in Table 17.50.040.1 (Reduction of Available Parking Spaces). 1) The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation. 2) A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site. 3) The permit for the recycling facility will be reconsidered at the end of six (6) months. q. If the permit expires without renewal, the collection facility shall be removed from the site on the day following permit expiration. • TABLE 17.30.190.1 REDUCTION OF AVAILABLE PARKING SPACES • In.Conjunctlon with Commercial Principal Use Number.of<Avallable:; Parking`Spaces "" Maxlmum`Reduction in Requiied "Parking 0-25 0 26-35 2 36-49 3 50-99 4 100+ 5 In Conjunction with Community Facility Principal Use Maximum reduction of 5 spaces 3. Large collection facilities. Large collection facilities shall meet the following standards: a. Shall be at least one hundred (100) feet away from any property zoned or occupied for residential use. zoned OF des ..... ted by the general plan OF for rest eRtial ' TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 35 • b. Large collection facilities shall be screened from the public right -of -way by operating within an enclosed building or within an area enclosed by a solid, decorative, block wall fenee at least six (6) feet in height. aad All applicable noise standards stipulated in this Code shall be met. If a block wall enclosure is used, it shall be set back at least ten (10) f+ve feet from property line and the setback area shall be permanently landscaped and maintained. c. All exterior storage of material shall be in either baled or palletized form, or in sturdy containers which are covered, secured and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. No storage, excluding truck trailers or overseas containers, may be visible over the height of the fens ng block wall. d. The site shall be maintained free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis. A trash container shall be located near the facility to prevent littering. e. Parking and turn - around space shall be provided on -site in an amount adequate to serve the anticipated peak customer load or five (5) vehicles, whichever is higher, to circulate and to deposit recyclable material. f. One (1) parking space for each employee and each vehicle operated by the recycling facility shall be provided on -site. The parking area thus created shall be exclusive of the circulation /drop -off area. • g. Noise levels shall comply with the noise standards of this Code. h. If the facility is located within five hundred (500) feet of property zoned or planned for residential use, it shall not be in operation between the hours of 7:00 p.m. and 7:00 a. m. i. Any containers provided for after -hours donation of recyclable materials shall be at least 50 one hundred (100) feet from any property zoned or occupied for residential use. The containers shall be of sturdy, rustproof construction, shall be of sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials. j. Donation areas shall be kept free of litter and any other undesirable material, and the container shall be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers. k. The facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation. Identification and informational signs shall meet the standards of the zone, and directional signs, bearing no advertising message, may be installed with the approval of the Community Development Director, if necessary to facilitate traffic circulation, or if the facility is not visible from the public right -of -way. I. � .dding ether light.. -----i g _.twit:__ ne6es- Fy ae, the effioie,t tempaFafy TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 36 • • TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 137 • 17.30.190 Second dwelling units. 11 Sub - Sections: A. Purpose. B. Second dwelling unit — definitions. C. Single -story second dwelling units — requirements. D. Second - story/two -story second dwelling residential units. E. Revocation. F. Existing second dwelling units. A. Purpose. The purpose of this section is to implement Government Code Section 65852.2 which allows the City to adopt a second dwelling unit ordinance in lieu of being subjected to the State requirements for such units. Notwithstanding any other provision of this Zoning Code to the contrary, the provisions in this section shall govern the development of second dwelling units in the City of Rosemead. B. Second dwelling unit — definitions. As used in this section: "Second Dwelling Unit" means a detached or attached dwelling unit that provides complete independent living facilities for one or more persons. It includes permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as where existing qualified primary dwelling unit is situated. oF paFGels upon whieh the pFimaFy s ngle- family "Single -story Second Dwelling Unit" means a second dwelling unit that is no higher than fifteen (15) feet from ground level. Second dwelling units shall not be considered to be an accessory structure. C. Single -Story Second Dwelling Units — Requirements. 1. In an R -1, R -2 or R -3 zone, an attached or detached one -story second dwelling unit shall be permitted by the Community Development Director or the Community Development Director's designee subject to an administrative site plan and design review approval if the application meets all of the following requirements set forth in this section. 2. The one -story second dwelling unit shall: a. Be located on a residential lot that meets the following minimum lot size and which has only one existing single - family unit thereon: 1) R -1 zone— six thousand (6,000) square feet TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • 2) R -2 zone— six thousand (6,000) square feet 3) R -3 zone— five thousand (5,000) square feet Be a permanent structure on a permanent foundation and contain accommodations for living, sleeping, eating, cooking and sanitation separate from the primary dwelling on the same lot. 4. Have no more than two bedrooms 5.' Be no smaller than four hundred (400) square feet for an efficiency unit and five hundred and fifty (550) square feet for a one (1) or two (2) bedroom unit. 6. Be no larger than thirty (30 %) percent of the size of the living space of the primary structure or eight hundred (800) square feet, whichever is smaller. In cases where thirty (30 %) percent of the primary dwelling unit is less than or equal to four hundred (400) square feet, then one (1) four hundred (400) square foot efficiency unit shall be permitted. 7. Be restricted so that one (1) of the two (2) units on the property is always owner - occupied. A recorded covenant shall be provided prior to the occupancy of the second dwelling unit providing such notice and further providing that the second dwelling unit shall be a legal unit so long as either the main dwelling unit or the second dwelling unit is occupied by the owner of record of the property and providing that this restriction shall be binding upon a successor ownership of the property. • 8. If detached, be no closer than ten (10) feet to any other building on the lot, including the primary residential unit, nor closer than fifteen (15) feet from a building on an adjacent lot. • Have windows and doors placed sash so that privacy of adjacent lots is not impinged. Windows shall be above eye level, shall face toward the existing primary residence or the street, or shall be screened from view from adjacent lots. 10. Not result in or contribute to a floor area ratio greater than what is permitted in the zone in which it is located. 11. Not be higher than the primary unit, unless it is an attached second -story second unit, in which case it is subject to the conditional use second unit permit provisions. listed in 12. Have four hundred (400) square feet of usable outdoor living area with a minimum dimension of fifteen (15) feet in any direction and not including parking areas, driveways, front or rear setback areas, or outdoor living area required for the primary residential unit on the lot. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 39 • 13. Be permitted only when the primary unit has the parking required by this Title. 14. Have one (1) enclosed parking space for an efficiency or one (1) bedroom unit, and two (2) enclosed spaces for a two (2) bedroom unit. 15. Meet the setback and lot coverage requirements of the zone in which it is located. Meet the develepMeRt standaFds of " e Zane in which it is Iesated (i.e., ° °'s° ^c° let GeVeFage) 16. Not be sold separately from the primary unit. 17. Be subject to all single - family development fees and permits. 18. Meet the following design criteria: a. Be of the same architectural style as the primary unit. b. Match the primary unit in materials, colors, types of windows, doors, trim, proportions, amount of roof overhang, architectural embellishments, roof shape, and quality, although proposed higher quality materials shall be allowed. c. Have its own entrance, but its entrance shall not be oriented to the street or otherwise change the single - family appearance of the primary structure. • d. Have its outdoor living area and immediate surroundings landscaped. is D. Second- Story/Two -Story Second Dwelling Units — Requirements In an R -1, R -2 or R -3 zone, a Conditional Use Permit may be granted for the construction of a second -story or two -story second dwelling unit provided the following additional findings are met. A second -story or two -story second unit, whether attached or detached, shall meet the following requirements. Unless modified by this section, meet all standards for one -story units listed in Section 17.30.190.C, except that setbacks shall be those applicable to primary dwelling units of the residential district in which the lot is located. 2. Not have stairs that are visible from a street or shall have stairs that are screened from view. 3. Not have its door visible from the street in single - family neighborhoods, and generally shall not create an appearance out of character with the single - family nature. of the R 1 Zene. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • 4. Have an upper story that is smaller than the lower story to decrease the bulk and mass of the building and add architectural character. The square footage of the upper story shall be at least ten percent (10 %) less than the lower story. 5. If a detached unit, be no higher than the primary unit. 6. If on an alley, may be allowed tandem parking within a garage as an option if tandem parking will result in a unit that (a) faces the alley and (b) has a garden or landscaped area facing the alley. This provision is intended to be an incentive for making the alley an attractive living environment and a secondary street. 7. Have its architectural character, design, style, massing, height, construction materials, trim, and color in harmony with the primary unit and the surrounding neighborhood. B. Not cause excessive noise, traffic, parking or overloading of public facilities or infringe upon the privacy of adjacent residences. 9. Not invade privacy, cast excessive shade on adjacent properties or reduce light available for solar energy. E. Revocation. The Community Development Director shall have the authority to revoke a second dwelling unit permit and the Planning Commission shall have the authority to revoke a conditional use second dwelling unit permit if one or more of the requirements of this chapter are no longer met. • The decision of either the Community Development Director or the Planning Commission may be appealed to the City Council in accordance with the procedures set forth in this code. E F. Existing Second Dwelling Units. Second dwelling units which have been previously approved shall be allowed to remain in existence as a legally established nonconforming use. This section shall in no way validate any existing illegal second dwelling unit. TITLE 17- ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 0 0 TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 142 0 17.30.200 Single room occupancy (SRO). Sub - sections: A. Purpose. B. Applicability. C. City standards. A. Purpose. This Section provides development and operating standards for Single Room Occupancy (SRO) developments. B. Applicability. The provisions in this Section shall apply to SRO developments as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following City standards. C. City standards. All SRO developments shall meet the following location and operational standards. 1. SRO developments may be on any parcel in the R -2 (Light Multiple Residential) zone, R- 3 (Medium Multiple Residential), commercial zones, or industrial zones, except that no • SRO development will be permitted on any lot that abuts the R -1 (Single - Family Residential) zone. 2. SRO developments shall be located no closer than three hundred (300) feet to another single room occupancy development. • 3. SRO units shall be efficiency units that may include a complete private bath and kitchen but do not have a separate bedroom. The maximum size for an SRO unit shall be five hundred (500) square feet. 4. A minimum lot size of eighteen thousand (18,000) square feet and a minimum street frontage of ninety (90) feet is required for the development of any new SRO development. 5. Single room occupancy developments shall not exceed a density of one thousand seven hundred fifty (1,750) square feet of net lot area for each unit. 6. At least one (1) common bathroom shall be provided for every six (6) units, unless private bathrooms are provided for some or all units. Any unit with a private bathroom shall not be counted toward the six (6) units for which a common bathroom is required. 7. Each SRO development shall have a common open space area totaling a minimum of one hundred (100) square feet per unit. 8. Each SRO development shall have a front yard of not less than fifteen (15) feet. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 43 • 9. Each SRO development shall have a side yard of not less than ten (10) feet. On corner lots the side yard of the side street shall be not less than ten (10) feet. • 10. Each SRO development shall have a rear yard of not less than twenty (20) feet. 11. Garbage and rubbish collection areas shall be provided in accordance with Chapter 17.32 (Accessory Structures). 12. Adequate laundry facilities shall be available on the premises, with not less than one (1) washer /dryer per six (6) units. 13. Average income of residents in the development shall be no more than forty percent (40 %) of the area median income. 14. The development shall be subject to a covenant recorded with the County Assessor's Office stating that the units shall be subject to these income restrictions for a minimum period of 55 years. 15. New construction projects for seniors shall not qualify as SRO housing. 16. Off - street parking shall be provided at the rate of 0.5 parking space per unit, plus one (1) parking space for on -site management. 17. SRO developments shall have full -time on -site management. TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 144 • Chapter 17.32 ACCESSORY STRUCTURES Sections: 17.32.010 Purpose and applicability. 17.32.020 Permit requirements. 17.32.020 Accessory structures in residential zones. 17.32.030 Accessory structures in non - residential zones. 17.32.040 Solid waste and recyclable materials storage areas. 17.32.010 Purpose and applicability. This Chapter establishes standards for the development and use of all accessory structures that are necessarily or customarily incidental to an allowed primary use. The development standards are intended to ensure that accessory structures located in any zone do not adversely impact adjacent parcels or the surrounding neighborhood. Any permitted accessory structure that does not require a City of Rosemead Building Permit, must meet the minimum requirements of this Code for use, placement on a parcel, height, and size. 17.32.020 Permit requirements. The construction and /or relocation of an accessory structure shall require Site Plan and Design • Review in accordance with Chapter 17.136 (Site Plan and Design Review), in addition to any building permits required by the Building and Safety Division. 17.32.030 Accessory structures in residential zones. A. Residential accessory structures defined. "Residential accessory structure" means an attached or detached structure that is a part of, and clearly incidental and secondary to, a residence and that does not change the character of the residential structure. Does not include second dwelling units. Illustrative examples of these structures include: • Decks. • Fences. • Garages. • Gazebos. • Greenhouses (noncommercial). • Outdoor play equipment. • Patios. • Platforms. • Porches. • Spas and hot tubs. • Storage or work sheds. • Swimming pools. • Tennis and other on -site sport courts. • Terraces. • Walls. • TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 45 • • Workshops. B. Requirements for residential accessory structures. Size. The maximum size for a detached accessory structure shall be seven hundred and fifty (750) square feet. The square- footage of fully enclosed, attached accessory structures (i.e. workshops, storage sheds, but not including residential garages) shall be counted towards the maximum Floor Area Ratio. Unenclosed attached accessory structures shall have no size limitation, provided that residential setback requirements are satisfied. 2. Height. Detached accessory structures shall be limited to one (1) story in height and any attic shall be less than five (5) feet in height and not habitable. Attached accessory structures are allowed to have a habitable second story if the living space is accessible from within the residence and there is no separate outside entrance to the living space. feet's he'nht .,h'nhe..er 's lose 3. Location. a. There shall be a minimum distance of six (6) feet between detached accessory structures and between a main building and an accessory structure. b. No detached accessory structure shall be located within three (3) feet of an interior property line. • c. Detached accessory structures shall be located in the rear half of the lot, excluding detached garages, which shall not extend into the required front setback for the main building. N aGGesGGFy build'nen in the R 1 =_ _ _hall he lennted at a distenee less than sixty (60) peMent of the depth ef the lat frorn the fFeRt PFE)peFty line, OF ninety rom feet ,.,hl eheye. an less d. On a corner lot no accessory buildings shall be located less than twenty (20) feet from the side street line. e. On reverse corner lots, accessory structures located on the rear twenty five (25) feet of the lot shall not extend beyond the required front yard of the abutting key lot. AI aeeeS6eFy build n an the r twenty f..e (26) feel of o FeVeFSe SOPRAF 'At in the SUGh reveFse GeFReF lot than the f.ent yard depth required an the key let 'n the . f. When the slope of the front half of a lot is greater than a one (1) foot rise or fall in a horizontal distance of four (4) feet from the established street elevation at the front property line, one attached or detached garage may be permitted to occupy the required front yard of an interior lot. However, no portion of any such garage shall be • less than five (5) feet from the side or front property line and the garage shall not TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • exceed ten (10) feet in height. One detaE;hed c..__.._ ry build'^^ °er use as a pF Vate OF R 2 zone when the slope ef the fFeFit half ef the let PS gFeateF than GRB foot Fise eF hall OR a h 4 I distanee of feur feet F the established street eley.,f.. at the less than f feet from the 'a OF f .d I'^ of the let and further rr _ . ^ .!a ^a that Re ovoH mi'la'^ y shall ^ .__^a fe. feet's height. g. Portable shade structures shall not be located in a side or front yard. Temporary, portable shade structures may be permitted in the rear yards, subject to the approval of a site plan approval, provided that they are not visible from the public right -of -way, that they meet all applicable setback and height requirements for accessory structures and that they do not obstruct access to required parking. Such temporary structures shall be maintained in good condition. Torn fabric, bent or broken support members shall be replaced or repaired as needed. Any temporary structure maintained in disrepair shall be repaired, replaced, or removed from the site. Reflective, mirror -type material is prohibited. Temporary structures are subject to building coverage requirements and shall be included in the maximum lot coverage. h. In the R -3 zone there shall be a minimum distance of fifteen (15) feet measured horizontally between a swimming pool and the nearest point of a 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. • 4. Garages. • a. The capacity of a garage shall not exceed three (3) automobiles and seven hundred and fifty (750),square feet per dwelling unit. in the R 2 Z^^^ an atta6hed garage 5. Architectural consistency. All accessory structures on a permanent foundation shall be consistent in exterior appearance with the primary structure through the use of similar /matching exterior paint colors, material types, and architectural styles. 6. Site plan review. A site plan review shall be required for any accessory structure greater than one hundred and twenty (120) square feet, whether the total area is in one building or cumulatively in multiple buildings, including storage structures and workshops but not including required garages. 17.32.040 Accessory structures in non - residential zones. A. Height adjacent to residential zones. in all ZE)Res, aE;E;essGFY StFUrtUFeS within twenty five (25) feet ef any !at line a jaeent to R 1 and R 2 -_..__ she" ed a .ea ;-h ^^tit of Rine /O_\ feet above the adja enf FesideRtial f `L. grade, d .. Rd he ad t 4.. ^ R 3 izene she!' net e above a height f f,ffe en (15) feet b the adja of side.d'.d finished Fade pFavided a f.. (5) feel etbask maintained. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • In all zones, accessory structures shall not exceed a height of fifteen (15) feet, when located within between a residential property line and the variable height measuring point, as illustrated in the Variable Height Diagrams in Section 17.08.050(J), provided that the minimum building setback requirements in the underlying zone are satisfied. B. Architectural consistency. All accessory structures on a permanent foundation shall be consistent in exterior appearance with the primary structure through the use of similar /matching exterior paint colors, material types, and architectural styles. 17.32.050 Solid waste and recyclable materials storage areas. Design and construction of storage waste areas shall be subject to the approval of the Community Development Director or his /her designee. The following are minimum standards:. A. Architectural design. Enclosed solid waste collection areas shall be conveniently located and shall be an integral part of the architectural development of properties with three (3) or more residential units and all properties with non - residential development. The enclosure areas shall be of the same architectural style of the development by the use of colors, materials, and design. B. Minimum dimensions. Enclosure dimensions shall be a minimum of six feet six inches (6-6 ") in depth by ten feet eight inches (10' -8 ") in width for single bin enclosures, and a minimum of six feet six inches (6-6 ") in depth by 18 feet eight inches (18' -8 ") in width for double bin enclosures. Trash • enclosures shall be constructed with reinforced masonry block walls not less than six (6) feet in height and shall be equipped with self - closing, solid, doors and a solid roof. The roof should provide adequate clearance to allow complete access of waste bins. The enclosure shall be designed to accommodate individual bins or containers that protect contents from adverse environmental conditions that might render recyclable materials unmarketable. • C. Location. No trash enclosure shall be located in any required parking stall, vehicle back -up aisle, or required landscaped area. D. Adequate vehicular access to and from the solid waste collection area shall be provided. E. Solid waste collection areas shall be maintained in a closed manner at all times to prohibit the visibility from public right -of -way or adjacent property. Doors shall be properly secured to prevent access by unauthorized persons and minimize scavenging, while allowing authorized persons' access for disposal and collection of materials. TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 48 • Chapter 17.36 CONDOMINIUMS AND CONDOMINIUM CONVERSIONS Sections: Permitted zones. 17.36.010 Intent and purpose. 17.36.020 Applicability. 17.36.030 Definitions. 17.36.040 Permitted zones. 17.36.050 Procedure and submittal requirements. 17.36.060 Development standards. 17.36.070 Condominium conversions. 17.36.010 Intent and purpose. 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. 17.36.020 Applicability. 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. C, J 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. 17.36.030 Definitions. "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. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • "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 or availed of pFimaf4y 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, title4G which is held by the corporation, which right of occupancy is transferable only sensur-reRtly 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. • 17.36.040 Permitted zones. 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. 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. A site plan drawn at a scale which clearly defines and depicts compliance with all applicable development standards and the following items: TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 50 • 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. C� J a. Drainage plan concepts shall be developed under the following priorities of design preference: 1) 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). TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 51 • 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. 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. 0 TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES ..::.•- 17.36.060 Development standards. The following regulations shall apply to condominium projects unless otherwise provided in this Zoning Code. A. Minimum Lot area. 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. 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). Each dwelling unit shall have a minimum floor area as shown in Table 17.32.060.1. (Residential Condominium Floor Area Requirements). 2. Each bedroom shall be a minimum of one hundred and sixty (160) square feet, and not less than twelve (12) feet in any direction. ^yea. TABLE 17.32.060.1 RESIDENTIAL CONDOMINIUM FLOOR AREA REQUIREMENTS Unit Type Minimum Floor Area Studio Unit 600 square feet One Bedroom Unit 650 square feet Two Bedroom Unit 800 square feet For Each Additional Bedroom An additional 200 square feet TITLE 17 — ZONING ARTICLE 3 — REGULATIONS FOR SPECIAL USES AND STRUCTURES • FEW each addi`' i bedroom, additional two ti a ed (299) square feet n bedFeeFR shall be a min mum E)f E)Re hundFed sixty (WO) square feet, and Rat less than 12 feet wddth D. Minimum building setbacks. Condominium projects shall be subject to the setback requirements of the specific zones in which they are located. is 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. TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES :.:. ...• -- 2 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: 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 planters, pools, sculptures, elements are incorporated as prohibited. 40 (e.g., benches, exterior recreational facilities, fountains, and similar elements) may be allowed, provided the a part of the landscaping plans, except where otherwise 3. Permanent and automatic irrigation facilities shall be provided in all planted landscaped areas. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 55 E H. Lighting. In addition to the requirements set forth in Chapter 17.88 (Lighting), condominium projects shall conform to the following additional regulations. The subdivider shall install an on -site lighting system on all vehicular access ways and along major walkways. 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. 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 (2.5) feet by two and one half (2.5) feet and eight (8) 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 17.64 (Accessory Structures) for additional development standards. POWWW ' = TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 56 L. Parking. 1. Residential Parking. 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 (2) fully enclosed parking spaces per dwelling unit. (2) Two One (1) guest parking space per every two (2) dwelling units. (3) bedFOGrAS E;E)Rta'R within a dwelliRg UR t, aRe half guest paF!(!Rg shall be PFBVided therefer One -half (1/2) guest parking space shall be provided for each additional bedroom in dwelling units containing more than three (3) 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. 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 (3) 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 -of- way 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: TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 57 0 a. Subsoil compacted to ninety (90) percent density for adequate load bearing conditions. b. Four (4) inch AC over six (6) inch base material crushed aggregate, or six (6) 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). 17.36.070 Condominium conversions. 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 then 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. • TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 58 0 la„a� • nn n .. f.....n...n n. nf.L.n rrn Dn 7 ReStFjE;tiE)RS GA eNnrnnn or bUSiRess USeS Within ,loan ofnrl n'f gainage fnrilifics :`heR areas and faG616ties, L^.`' ^D'Q^4 ..n.: n.'n ...Linn to den'n n1n.�l nn.L'n areas: Pr°1� 1. DraiRage plan eaneepts shall be developed URdeF the fellow ng pFiGF toes of des gn nfn ^prcrcr °rr °e: b. NatUFalftneehaRioa' flew. G. Mnnh..n'nnl (pump). • TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 59 • • TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • Chapter 17.42 MOBILE HOMES AND MANUFACTURED HOUSING Section: 17.42.010 Manufactured housing requirements. 17.42.010 Manufactured housing requirements. A. Manufactured housing may only be used for a single - family dwelling. A manufactured housing unit shall be considered a single - family dwelling and is subject to the Residential District Development Standards identified in Chapter 17.12 (Residential Zoning Districts). Foundation required. A manufactured home shall be installed and maintained upon a permanent, continuous, exterior, masonry, or concrete foundation. C. Design standards. All manufactured housing units shall comply with the site design and architectural standards set forth in Section 17.12.030.B.h (R -1 and R -2 Design Standards). D. Roofs on manufactured housing shall include a roof overhang with eaves. • E. Flat roofs are not permitted. A minimum roof pitch of four (4) to twelve (12) is required. C, J F. Manufactured housing may be prohibited. The Community Development Director, pursuant to Section 65852.3(a) of the California Government Code, shall have the authority to preclude the installation of a manufactured housing unit if the manufactured housing unit was constructed ten (10) or more years prior to the date of the application for permit issuance to install the manufactured housing unit. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • Chapter 1 Sections: 17.46.010 17.46.020 17.46.030 17.46.040 17.46.050 7.46 MOBILE HOME PARKS & PARK CONVERSIONS Definitions. Exemptions. Applicability. Required improvements and standards. Mobile home park conversions. 17.46.010 Definitions For the purpose of carrying out the intent of this section: "Applicant" means the person(s), firm(s), entity(ies) or corporation(s) applying for any application for the purpose of converting, changing to another use, closing, or ceasing to use land as a mobile home park. If the owner of the controlling interest in a mobile home park is not the applicant, then the applicant must provide evidence of the controlling owner's consent to the filing of the application. "Cessation of Use of Land as Mobile Home Park" means a decision by the owner(s) of a mobile home park to discontinue the use of the property as a mobile home park which was not the result of an adjudication of bankruptcy. "City Council" means the City Council of the City of Rosemead or its designated advisory body. • "Commercial Modular ", as defined in the Health and Safety Code Section 18001.8, means a structure transportable in one or more sections, designed and equipped for human occupancy for industrial, professional, or commercial purposes, which is required to be moved under permit, and shall include a trailer coach as defined in Section 635 of the Vehicle Code. "Commercial Coach" has the same meaning as "commercial modular' as that term is defined in this section. "Comparable Housing" means housing that is equivalent in terms of amenities, condition, location, price and size (floor area and number of bedrooms) to the mobile home to which comparison is being made. "Comparable Mobile Home Park" means a mobile home park that is equivalent in terms of amenities, condition, location and rental price to the mobile home park to which comparison is being made. "Conversion Impact Report" means a report, meeting the requirements of this section, describing (i) the impacts of a mobile home park conversion on affected mobile home owners and residents; and (ii) the measures that will be taken to mitigate adverse impacts of such conversion on affected mobile home owners and residents. "Conversion of a Mobile Home Park" means changing the use of a mobile home park for a purpose other than the rental, or the holding out for rent, of two or more mobile home sites to • TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 62 iaccommodate mobile homes used for human habitation. Such a conversion may affect an entire mobile home park or any portion thereof. A conversion shall include, but is not limited to, a change of any existing mobile home park or any portion thereof to condominium, stock cooperative, planned unit development, or any form of ownership wherein spaces within the mobile home park are to be sold, and the cessation of use of all or a portion of the park as a mobile home park, whether immediately or on a gradual basis, or the closure of the park. "Conversion" shall not include the purchase of the park by its existing residents. The provisions of Government Code Section 66427.5 shall apply in that circumstance. "Enforcement Agency" means the Community Development Director of the City or a duly appointed representative. "Mobile Home" is as defined . r . .i G a c + eR 798.3 and also .. eh ell ,.,+v , heme paFkS and Gapable of beiRg equipped with wheels eF siFnilaF deylees fGF the purpose of tFaRSPeFt R9 the vehicle fFeFR plaGe to place. means a trailer, transportable in one or more sections; that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974; that is over eight feet in width and forty (40) feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory-built housing. A mobile home on a permanent foundation is included under the definition of "Single -unit dwelling." "Mobile Home Owner" means the registered owner or owners of a mobile home, who has a • tenancy in a mobile home park under a rental or lease agreement. • "Mobile home park" as used in this section, shall have the same meaning as defined in the Health and Safety Code Section 18214. "Mobile Home Park Owner" or "Park Owner" means the owner, lessor, operator or manager of a mobile home park in the City of Rosemead. "Mobile Home Resident" or "Resident" includes the following: the registered owner or owners of a mobile home, who has a tenancy in a mobile home park under a rental or lease agreement (whether or not the owner(s) occupy such mobile home) or a member of the immediate household of the mobile home owner (provided such member resides within the mobile home), a person who occupies a mobile home within a mobile home park pursuant to a bona fide lease or rental agreement with the mobile home owner and who, during his or her tenancy, was not the owner or member of the immediate household of the mobile home owner. "Mobile Home Space" means any area, tract of land, site, lot, pad, or portion of a mobile home park designated or used for the occupancy of one mobile home. "Park" means any plot of ground, area or tract of land upon which two or more mobile homes are located and occupied for dwelling or sleeping purposes whether or not a charge is made for such accommodations. This subsection shall not be construed to include automobile, motor home, or mobile home sales lots on which unoccupied vehicles are parked for the purposes of inspection and sale. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • "Trailer Park" means an area of land where two or more trailer spaces are rented, or held out for rent, to accommodate trailers used for human habitation, and where the predominant number of spaces is occupied for nine or more consecutive months. 17.46.020 Exemptions. The requirements of this section shall not apply to mobile home parks in existence at the time of the adoption of this section unless such mobile home park desires to increase the number of mobile home spaces. In such event, the park shall be required to apply for an administrative send t anal use permit and comply with each of the requirements of this section. 17.46.030 Applicability GeRdit'enal use peFFAit — FeqUiFed. The provisions of this Section shall apply to Mobile Home Parks and Park Conversions as defined in Section 17.46.010 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards). 17.46.040 Required improvements. Construction of mobilehome parks are subject to the California Code of Regulations, Title 25, Division 1 and operation of a mobilehome park is subject to the California Civil Code Section 798 ( Mobilehome Residency Law) and the California Health and Safety Code Section 18000 (Mobilehomes- Manufactured Housing Act of 1980). The City of Rosemead will not grant occupancy until applicant submits proof that all requirements of the State law and the following City development standards have been satisfied. A. Mobile Home Space Minimum. Each mobile home space shall consist of at least three thousand (3,000) square feet. Recreation Area. At least one hundred (100) square feet of the park shall be devoted to recreational uses for each dwelling unit. Any structure devoted to recreational uses shall be permanent and may not consist of a mobile home. • V W ! .......ns and C._ L ydF ants as app _ _ _a by the C. DepaFtm n1 rraoc. ... .�- TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 64 L. GaFbage Gans leGated within one hHRdFed and fifty (450) feet of eaeh mobile heme space 17 46 050 0egU Fed StaR.1. rds The following standaFds shall apply te Fnebile home parks, 17.46.050 Mobile home park conversions. A. Purpose. • The purpose of this section is to provide regulations for the conversion, closure, or cessation of use of mobile home parks, which assures that no undue financial hardship to residents are incurred by mobile home park conversion, while recognizing the rights of park owners to pursue changes in land use. Conversion impact report required. Any applicant for a conversion of a mobile home park to any other use as defined by the section shall be required to submit a Conversion Impact Report to the Community Development Director or his designee at the same time notice of the change of use is given to mobile home resident(s) per Civil Code Section 798.56, which is not less than twelve (12) months prior to the park owner's planned change of use. C. Notification of the mobile home park residents. Upon providing a Conversion Impact Report, the Community Development Director or his designee(s) shall inform the applicant of the requirements of Civil Code Section 798.56 and Government Code Section 65863.8 regarding notification of the mobile home park residents concerning the proposed conversion. The Community Development Director or his designee(s) shall specify in writing to the applicant the information that must be submitted in order to adequately notify all existing residents as required by the California Government Code, the California Civil Code, and this section. Notification, including a copy of the Conversion Impact Report, to residents and mobile home owners shall be made at least fifteen (15) days prior to any hearing on the application. No hearing on the application shall be held or any other action on the application taken until the applicant has provided to the City satisfactory verification that the required notice has been provided. is D. Review of the conversion impact report. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 165 • No public hearing on the Conversion Impact Report will occur until the Conversion Impact Report has been reviewed by the Community Development Director or his or her designee(s) for substantial conformance with the requirements of this section. E. Required contents of the conversion impact report. At a minimum, the Conversion Impact Report shall include the following, as well as any other information deemed necessary and appropriate by the Community Development Director or his or her designee(s): 1. A detailed narrative description of the proposed use to which the mobile home park is to be converted. 2. The proposed timetable for implementation of the conversion and development of the site. 3. A detailed description of the mobile home spaces within the mobile home park, including, but not limited to: a. The total number of mobile home spaces in the park and the number of spaces occupied. b. The length of time each space has been occupied by the present resident(s) thereof. c. The age, size, and type of mobile home occupying each space. • d. The monthly rent currently charged for each space, including any utilities or other costs paid by the present resident(s) thereof. e. Name and mailing address of the resident(s) of each mobile home within the mobile home park as well as the mobile home owner (for each mobile home that is not owner- occupied) on three sets of gummed labels for the mailing of notice of public hearings. 4. A list of all comparable mobile home parks within the City of Rosemead and within 50 miles of the City. This list shall include the age of the mobile home park and the mobile homes therein, range of rental rates for each park listed and the criteria of the management of each park for acceptance of new residents and used mobile homes. Information pertaining to the availability of medical and dental services, shopping facilities, and all nearby social and religious services and facilities shall also be included. 5. A detailed analysis of the impact of the relocation on the residents including comparisons of current rents paid and rents to be paid at comparable mobile home parks within the fifty (50) mile relocation zone, the estimated costs of moving a mobile home and /or personal property, and any direct or indirect costs associated with a relocation to another mobile home park or any other type of housing unit. 6. A list of the names, addresses and telephone numbers of one or more housing specialists, with an explanation of the services the specialists will perform at the applicant's expense for the residents to be displaced. These services shall include, but not be limited to, assistance in locating a suitable replacement mobile home park, . assuring that residents without cars are driven, by means of suitable transportation at no TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 166 . cost to the resident, to inspect replacement spaces or homes and otherwise take reasonable steps to assist any disabled or handicapped residents with relocation - related activities, coordination of moving the mobile home and personal property, and any other tasks necessary to facilitate the relocation to another comparable mobile home park. • 7. A relocation plan for residents of the mobile home park and provide, at a minimum, for the following: a. The names, addresses, telephone numbers, and fee schedules of at least three independent third parties in the area who are qualified as an appraiser of mobile homes for the purpose of financing or sale. b. The names, addresses, telephone numbers, and fee schedules of persons in the area qualified as mobile home movers. c. Provisions for the applicant to pay all reasonable costs of relocation as would be charged by a professional mover to a comparable mobile home park within the City of Rosemead or within fifty (50) miles of the City to any mobile home owner at the time a Conversion Impact Report is submitted. The reasonable cost of relocation shall include the cost of relocating a displaced homeowner's mobile home, accessories, and possessions, including the costs for disassembly, removal, transportation, and reinstallation of the mobile home and accessories at the new site, and replacement or reconstruction of the blocks, skirting, siding, porches, decks, awnings, storage sheds, cabanas, or earthquake bracing if necessitated by the relocation; indemnification for any damage to personal property of the resident caused by the relocation, reasonable living expenses of displaced park residents from the date of actual displacement to the date of occupancy at the new site; and payment of any security deposit required at the new site. When any resident has given notice of his or her intent to move prior to an approved Conversion Impact Report, eligibility to receive moving expenses shall be forfeited. d. Identify those mobile homes that cannot be relocated to a comparable mobile home park within the City of Rosemead or within fifty (50) miles of the City and the mobile home owner has elected to sell his or her mobile home. The relocation plan shall identify the reasons why the mobile homes cannot be relocated. In those circumstances the applicant shall be required to purchase the mobile home of a displaced home owner at the appraised fair market value of the mobile home itself, as well as appliances, accessories, and appurtenant structures, as a part of the reasonable cost of relocation as provided for in Government Code Section 65863.7(e). The fair market value shall be determined by an independent third party who is qualified as an appraiser of mobile homes for the purpose of financing or sale. "Fair market value" means the probable price which a mobile home would bring in a competitive and open market under all conditions requisite to a sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by any undue stimulus. "Fair market value "' does not include any "in- place" value, or value attributable to its continued siting on the rented space at the mobile home park. If a dispute arises as to the appraised value of a mobile home, the applicant and the homeowner shall have appraisals prepared by separate qualified appraisers of mobile homes with experience in establishing the value of mobile homes for the purpose of financing or sale. The cost for both appraisals shall be TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES L paid for by the mobile home park owner. The fair market value shall be based upon the average of the appraisals submitted by the applicant and mobile home owner. e. Notwithstanding any other provision of this section, as an alternative to the requirements of this section, the mobile home owner and mobile home park owner may agree to mutually satisfactory conditions. Compliance with said agreement by the mobile home park owner shall constitute compliance with this section. To be valid, however, such an agreement shall be in writing, shall include a provision stating that the resident is aware of the provisions of this section, shall include a copy of this section as an attachment, shall include a provision in at least 12 -point type which clearly informs the resident that they have the right to seek the advice of an attorney of their choice prior to signing the agreement with regard to their rights under such agreement and shall be drafted in the form and content otherwise required by applicable state law. F. Public hearing. A hearing shall be held before the City Council or its designated advisory body on the Conversion Impact Report prior to the eviction of any mobile home resident pursuant to this section. (If the Council designates an advisory body, all responsibilities of the Council with respect to the public hearing shall be the responsibility of the advisory body.) At this hearing, the City Council shall review the application documentation. At the conclusion of the hearing, the City Council shall either accept the Conversion Impact Report as complete or add additional mitigation measures pursuant to California Government Code Section 65863.7(e) provided those measures do not exceed the reasonable cost of relocation. The public hearing shall be held not later than ninety (90) days prior to the date provided in the notice of closure to the residents of the mobile home park. G. Decision regarding conversion impact report. At the public hearing, the City Council shall approve, conditionally approve or reject a proposed Conversion Impact Report. The City Council shall approve or conditionally approve a Conversion Impact Report if it finds that the Conversion Impact Report contains, or has been conditioned to contain, reasonable measures to mitigate the adverse impacts of the mobile home park conversion on affected mobile home owners and residents. The City Council in making its decision on the Conversion Impact Report shall consider all relevant factors, including, but not limited to, the prior history of rent adjustments for the affected mobile home owners and residents. 2. The City Council may impose conditions in connection with its approval of a Conversion Impact Report. Such conditions may include, but are not limited to, payments to affected mobile home owners and residents to mitigate the following expenses as applicable to each particular mobile home owner having a mobile home in the mobile home park. a. The expense of relocating the mobile home to a comparable mobile home park. The amount of such payment shall be based upon consideration of moving, tear -down and set -up costs. Moving costs include the cost of moving the mobile home and the cost of moving associated relocatable mobile home improvements. Set -up costs include the cost of connecting utilities at the replacement mobile home park and the cost of any upgrades required to comply with applicable laws. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • b. The expense of forfeiting the mobile home. The amount of such payment shall be based upon consideration of the fair market value as described in this section. c. The expense of assuming tenancy in a comparable mobile home park. The amount of such payment shall be based upon consideration of the following. 1) Moving costs. 2) First month's rent, last month's rent and security deposit at the replacement mobile home park. 3) Differential as of the date of relocation between rental rates at the mobile home park being converted and the replacement mobile home park during the first year of relocation (12 months), or the differential as of the date of relocation between the space rental rate identified in the Fair Market Rents for Manufactured Home Spaces for Los Angeles -Long Beach in the Section 8 Housing Choice Voucher Program published by HUD (or such successor index published by HUD) and the replacement mobile home park during the first year of relocation. The calculation yielding the greater rental subsidy shall be used. d. The expense of assuming tenancy in comparable housing. The amount of such payment shall be based upon consideration of the following. 1) Moving costs 2) First month's rent, last month's rent, and security deposit at the replacement housing. 3) Differential as of the date of relocation between the rental rate at the mobile home park being converted and the comparable housing during the first year of • relocation (12 months), or the differential as of the date of relocation between the space rental rate identified in the Fair Market Rents for Manufactured Home Spaces for Los Angeles -Long Beach in the Section 8 Housing Choice Voucher Program published by HUD (or such successor index published by HUD) and the replacement comparable housing during the first year of relocation. The calculation yielding the greater rental subsidy shall be used. • e, The conditions imposed in connection with approval of a Conversion Impact Report shall not exceed the reasonable costs of relocation. Conditions shall only be imposed in order to ensure that the applicant/mobile home park owner adequately mitigates adverse impacts of the mobile home park conversion on affected mobile home owners and residents. In imposing conditions, the City Council shall interpret and apply this section in a manner consistent with applicable law. H. Notice and distribution of conversion impact report prior to public hearing. Not less than fifteen (15) days prior to a scheduled hearing before the City Council, the owner of the mobile home park shall transmit to the mobile home owner and resident of each mobile home occupying a space within the mobile home park a copy of the Conversion Impact Report, a copy of this section, and notices of the dates, times and places of the public hearings or any informational meetings and shall inform each mobile home owner that he or she has the right to appear to object to the failure to meet the requirements of this section with respect to his or her home's relocation. The copies provided shall be free of charge. Proof of service of distribution of the impact report to each resident must be filed by the applicant with the City Manager or his or her designee(s) seven days prior to the hearing and shall be signed under penalty of perjury. A hearing shall not be held until the applicant has satisfactorily verified to the City that all persons have received proper notifications. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 69 • I. Required findings at public hearing. In approving a Conversion Impact Report for a mobile home park conversion, the City Council shall find that the proposed conversion meets the following requirements in addition to the other requirements of this section. 1. The proposed use of the property is consistent with the General Plan and any and all of its elements, any applicable specific plan or planned development plan or similar mechanism provided for in state law or city ordinances and this section. The residents of the mobile home park have been adequately notified of the proposed conversion, including information pertaining to the anticipated timing of the proposed conversion. The applicant has substantially complied with the required contents of its Conversion Impact Report including that any mobile home resident displaced as a result of the conversion shall be compensated by the applicant for all reasonable costs incurred as a result of their relocation. J. Modification of approved conversion impact report. 1. The City Council may, upon request of applicant and after holding a public hearing, modify the provisions of an approved Conversion Impact Report. A modification may be approved where the City Council finds that there has been a change in circumstances, or there is new information that could not have reasonably been known or considered at the time of the original hearing on approval of the Conversion Impact Report. • 2. The City Council may impose additional conditions as deemed necessary to mitigate any adverse impacts resulting from a modification of an approved Conversion Impact Report. K. Expiration of conversion impact report. 1. An approved Conversion Impact Report shall expire according to the expiration date listed in the Conversion Impact Report, unless an extension is granted prior to such date pursuant to this section. 2. The City Council may, upon request of the applicant and after holding a public hearing, extend the term of an approved Conversion Impact Report. An extension may be granted where the City Council finds that expiration of the Conversion Impact Report would constitute an undue economic hardship to the applicant. 3. The City Council may impose additional conditions as deemed necessary to mitigate any adverse impacts resulting from an extension. The City may grant multiple extensions of an approved Conversion Impact Report but no single extension shall have a duration in excess of one (1) year. L. Nullification of impact report. The City Council may, upon request of the Community Development Director or his designee and after holding a public hearing, order an approved Conversion Impact Report null and void. No nullification shall be ordered unless the City Council makes either of the following findings. 0 TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 170 • 1. Approval of the Conversion Impact Report was obtained fraudulently. 2. The applicant has failed to comply with the mitigation measures set forth in, or the conditions imposed in connection with, the approved Conversion Impact Report. M. Appeal. Any City Council decision pursuant to this section is final. In the event the City Council designates authority to implement this section to an advisory body, all decisions of the advisory body shall be subject to appeal to the City Council as provided for in the provisions covering appeals to the Council from the Planning Commission. Processing fees. Each applicant seeking City approval, modification or extension of a Conversion Impact Report shall pay a nonrefundable application deposit in an amount established by City Council resolution. In addition, the applicant shall reimburse the City for all costs, including staff time and attorney's fees, incurred in processing and reviewing the applicant's Conversion Impact Report. O. Issuance of grading and /or building permits. No building permit shall be issued for the development of or on any real property which is being converted from a mobile home park pursuant to this section unless and until the applicant has filed with the Community Development Director or his designee(s) a verified statement made under penalty of perjury that the terms set forth by the City Council at the public hearing have been met or otherwise incorporated into the final project plans including the payment of all required relocation assistance required pursuant to this section. Such • statement shall identify in itemized form each payee, the amount paid, the date of payment, and the type of relocation or other assistance for which each such payment was made. E P. Exceptions to required relocation assistance. This section shall not apply in the following situations. The California Department of Housing and Community Development suspends or revokes a permit pursuant to Health and Safety Code Section 185010. 2. The resident received actual written notice from the owner of the mobile home park prior to entering into oral or written agreement to become a resident that an application to convert the mobile home park to another use was on file with the City or had already been approved. Q. Notification to city of termination of tenancy. 1. After the receipt of a City Council approved Conversion Impact Report, the mobile home park owner shall serve, by personal service or by United States mail, written notice to the City's Community Development Director or his designee(s) of the notice of termination of tenancy as required by California Civil Code Section 798.56. 2. The notice shall be accompanied by a statement that the applicant/mobile home park owner has provided all relocation assistance required by the Conversion Impact Report, City Council, and state law, accompanied with proof of such assistance in the form of notarized signed acknowledgements from the recipients thereof or a notarized signed TITLE 17- ZONING ARTICLE 3- REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 71 • waiver of assistance. The Community Development Director or his designee shall verify the validity of such statement. • 3. If applicant/mobile home park owner fails to substantially comply with this subsection, as determined by the City Community Development Director or his designee(s), the City Community Development Director or his designee(s) shall forthwith notify all other appropriate City departments and officials of such noncompliance. These departments and officials shall not issue, grant or approve any application or request for any permit, license or other entitlement of use (including, but not limited to, a building permit, conditional use permit, zone change, variance, certificate of occupancy, tract or parcel map) for any change of use. R. Rental increase limits during conversion process. From the date of delivery of the 12 -month notice required by California Civil Code Section 798.56 through the date of relocation for a particular space, rental increases for such space shall be limited by the change in Consumer Price Index for All Urban Consumers in the Los Angeles /Anaheim /Riverside area for the 12 -month period immediately preceding the date of the notice, unless and until the mobile home park owner withdraws a submitted Conversion Impact Report. S. Conflicts with other laws. In the event the provisions of this section conflict with any code, ordinance or regulation of the City, the provisions of this section shall govern. In the event any provisions of this section conflict with a provision of state law, this section shall be interpreted and applied in conformity with state law. T. Violations. In addition to any remedies or penalties for noncompliance with any City Ordinance as provided elsewhere in the Municipal Code, any mobile home park owner or applicant who violates any rights of any mobile home owner or mobile home resident established under this section shall be liable to said person for actual damages caused by such violation, plus costs and reasonable attorney's fees. In addition, no mobile home park owner shall take any willful action to threaten, retaliate against, or harass any park resident with the intent to prevent such residents from exercising his or her rights under this section. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 72 u • Chapter 17.54 WIRELESS TELECOMMUNICATION FACILITIES Sections: 17.54.010 Purpose, intent and goals. 17.54.020 Definitions. 17.54.030 Applicability. 17.54.040 Exemptions. 17.54.050 Required approvals— expiration and renewal. 17.54.060 Application submission requirements. 17.54.070 Approval procedures— required findings. 17.54.080 Prohibited grounds for denial. 17.54.090 Requirements for administrative collocation. 17.54.100 Applicant's evidentiary burden. 17.54.110 Appeal - Conditional Use Permits. 17.54.120 Appeal - Administrative Collocation. 17.54.130 General development standards. 17.54.140 Design standards. 17.54.150 Noise. 17.54.160 RF and other emissions requirements. 17.54.170 Performance bond. 17.54.180 FAA Compliance. 17.54.190 Maintenance and security. 17.54.200 Maintenance responsibility. 17.54.210 Abandonment or discontinuance of use— removal of facilities. 17.54.220 Transfer of operation. 17.54.230 Revocation. 17.54.240 Wireless facilities in the public right -of -way. 17.54.250 Nonconforming facilities. 17.54.260 Fees. 17.54.010 Purpose, intent and goals. A. Purpose. The purpose of this section is to provide a uniform and comprehensive set of standards for the permitting, design, placement, affixing, attachment, mounting, construction, erection, installation, collocation, development, use, operation, maintenance and modification of wireless facilities, wireless transmission devices and related support structures and accessory equipment within the City of Rosemead. B. Intent. Balanced against the goals of federal and state laws designed to promote more reliable and cost competitive wireless service, the regulations set forth herein are intended to: 1. Safeguard the public health, safety and community welfare; TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • 2. Preserve the aesthetic appearance of the Rosemead Community; 3. Promote the identification, examination and implementation of aesthetically innovative yet reasonably feasible techniques for the design and siting of wireless facilities and wireless transmission devices; 4. Promote approaches to designing and siting of wireless facilities and wireless transmission devices which are more compatible and harmonious with their surroundings; and 5. Promote the goals and policies of this section and the Rosemead General Plan. C. Goals. The goals of this section are to: 1. Protect the visual character of the City of Rosemead from the potential adverse effects of wireless facilities, wireless transmission devices, support structures and accessory equipment; 2. Prevent the emergence and proliferation of visual blight along visually significant or visually sensitive corridors within the City of Rosemead, including significant showcase corridors; 3. Recognize the rights of wireless facilities operators and wireless transmission devices under federal law and state law, and harmonize those with the City's interest; • 4. Encourage users of wireless facilities and wireless transmission devices to locate such equipment in areas where any adverse impacts on the community are optimally mitigated and, where possible, encourage users of wireless facilities to collocate those facilities with existing wireless facilities; 5. Encourage users of wireless facilities, which include accessory equipment, to configure such equipment in a manner that minimizes their adverse visual impact; 6. Encourage the managed and aesthetically sensitive development of wireless facilities in the City of Rosemead; 7. Ensure that approved wireless facilities, wireless transmission devices and related accessory equipment and support structures are constructed and operated in a safe and legally compliant manner; and 8. Establish uniform criteria and procedures for the construction, installation and operation of wireless facilities, wireless transmission devices and related accessory equipment and support structures. 17.54.020 Definitions. For purposes of this section, the following terms shall have the meaning set forth herein: "Accessory Equipment" means any equipment or device necessary for the operation of a wireless transmission device and used in conjunction with a wireless transmission device and • TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 174 • any related support structure. Such equipment or devices include, but are not limited to, utility or transmission equipment, power supplies, generators (including back -up generators), batteries, cables, equipment buildings, cabinets and storage shed shelters or other structures. "Administrative Collocation" shall have the same meaning as the term "collocation facility" as defined under Section 65850.6 of the California Government Code which generally refers to a type of collocation (as defined herein). Under Section 65850.6 of the California Government Code, administrative collocation requires a nondiscretionary approval when all of necessary circumstances and conditions set forth under Section 65850.6 of the California Government Code are met. Further, a nondiscretionary approval shall be issued for a collocation when the collocation is consistent with Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 and any Federal Communications Commission regulations issued to implement that Act. "Alternative Siting Structure" means a building, structure or improvement (usually preexisting) that is structurally and legally capable of serving as a siting platform for certain wireless transmission devices and certain accessory equipment notwithstanding the fact that the support of such systems is secondary and subordinate to the primary purpose, design and legal use of the building, structure or improvement. "Alternative siting structures" include, but are not necessarily limited to, utility poles, flag poles, light standards, water tanks, buildings, and design features incorporated into buildings which are capable of concealing and /or camouflaging a wireless transmission device and related accessory equipment from public view. "Alternative Siting Structures' do not include "support structures' as defined herein. • "Ancillary Use" means a use that is a secondary or subordinate use to a primary use of a real property parcel. • "Antenna" means and refers to a type of wireless transmission device composed of any system of wires, poles, rods, towers, whips, reflecting discs, dishes or similar equipment or devices used to transmit and /or receive electromagnetic waves, including, but not limited to, radio frequency signals, for the purpose of conveying telephonic communications, video transmissions or communications, written communications, radio communications, signs, signals, pictures and the like. "Antenna" includes devices having active elements extending in any direction, and directional beam -type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support all of which elements are deemed to be part of the "antenna" and shall include, but not be limited to: 1. Antenna - Directional (also known as "panel" antenna) which transmits and /or receives radio frequency signals in a directional pattern of less than 360 degrees; 2. Antenna - Facade - mounted which is any antenna directly attached or affixed to the elevation of a building, tank, tower or other structure; 3. Antenna - Flush- mounted which is mounted to a structure which does not project above the facade to which it is mounted; 4. Antenna - Roof - mounted which is mounted to the roof of a building or similar structure; TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 75 • 5. Antenna - Ground - mounted which is any antenna with its base placed directly on the ground or mounted to a pole, lattice tower or other freestanding support structure specifically constructed for the purpose of supporting the antenna; 6. Antenna - Omni Directional which transmits and /or receives radio frequency signals in a 360 - degree radial pattern, including, but not limited to, any antenna designed to receive video programming services via multipoint distribution services; 7. Antenna - Parabolic (also known as a "satellite dish antenna ") which is any device incorporating a reflective surface that is solid, open mesh, or a bar configuration that is shallow dish, cone, horn, bowl or cornucopia shaped and is used to transmit and /or receive electromagnetic or radio frequency communication signs [signals] in a specific directional pattern; 8. Antenna - Portable which is any device used to transmit and /or receive electromagnetic or radio frequency communications signals in a specific directional pattern, located on a portable or movable base designed to be placed either for temporary or long -term use at a given site. "Applicant(s)" means and refers to any person(s) who, in accordance with the approval procedures set forth under this section, applies for authorization: To place, affix, attach, mount, construct, erect, install, develop, use, operate and maintain, or modify a wireless facility, wireless transmission device, support structure and /or accessory equipment within the City of Rosemead; or • 2. Collocate an additional antenna or other additional wireless transmission device upon a preexisting support structure or alternative siting structure already containing one or more antenna or other wireless transmission devices. • "City Council" means the governing body of the City of Rosemead organized pursuant to Title 2, Chapter 2.04 (City Council) of the Rosemead Municipal Code. "Collocate ", "Collocation" or "Collocating" means and refers to the act of placing, affixing, attaching, mounting, constructing, erecting, and /or installing: An additional antenna or other additional wireless transmission device, including related accessory equipment, upon a preexisting support structure already containing one or more antennas, wireless transmission devices and /or accessory equipment; 2. An additional antenna or other additional wireless transmission device, including related accessory equipment, upon an alternative siting structure already containing one or more antennas, wireless transmission devices and /or related accessory equipment; or 3. An additional wireless facility upon a single real property parcel already containing a wireless facility or wireless transmission device, and related support structures, and /or accessory equipment. "Community Development Director" means the Community Development Director for the Rosemead Planning Division or designee. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 76 • "De Minimis Level," when used in reference to the geographic scope of an existing or remaining gap in personal wireless service network coverage for a personal wireless service provider, necessarily refers to a level of coverage that is less than 100 percent seamless coverage, but generally no greater than a small number of isolated dead spots or other small holes in coverage within a greater service area. Where coverage holes are large or frequent in number and size, and also extend to the interior of buildings in urban areas or to a significant number of residences in well - populated areas, such gaps in coverage shall not be considered to be of a de minimis level. "Dead Spot(s)" shall have the same meaning as set forth under Section 22.99 of Title 47 of the Code of Federal Regulations which defines "dead spots" as small areas within a service area where service is presumed notwithstanding the fact that field strength is lower than the minimum level for reliable service. "Fixed Wireless Service" means any service providing radio communication to or from antenna structures at fixed and specified locations which are not designed to be moved during operation and which offers the ability to access or receive communication from the public switched telephone network. "Federal Communications Commission" or "FCC' means that certain administrative subdivision of the federal government of the United States of America which is generally responsible for the regulation of telecommunications in the United States of America. "Guyed Structure" means and refers to a variety of support structure consisting of a single • truss assembly composed of sections with bracing incorporated. The sections of the "guyed structure" are attached to each other, and the assembly is attached to a foundation and supported by a series of wires that are connected to anchors placed in the ground or on a building. "Lattice Tower" means and refers to a variety of support structure consisting of vertical and horizontal supports with multiple legs and cross - bracing and metal crossed strips or bars. "Monopole" means and refers to a variety of support structure generally consisting of a single pole or shaft designed to support one or more antennas or other wireless transmission devices. "Monopoles" are usually composed of two or more hollow sections that are in turn attached to a foundation and such structures must be designed to support themselves without the use of guy wires or other stabilization devices. The term "monopole" as defined herein does not include lattice towers. "Person" means a natural person or a business entity or organization, other than a public agency, including a corporation, partnership, limited liability company, proprietorship, joint venture, association, cooperative, estate, or trust. "Personal Wireless Services" as used in this section shall have the same meaning as applied to the same term under Section 332 of the Telecommunications Act of 1996 (47 U.S.C. Section 332(c)(7)(C)(i)) which includes "commercial mobile services ", "unlicensed wireless services ", and 'common carrier wireless exchange access services ". By way of example and not • limitation, 'commercial mobile services" include federally licensed wireless telecommunications TITLE 17- ZONING ARTICLE 3- REGULATIONS FOR SPECIAL USES AND STRUCTURES • service such as cellular services, personal communications services ( "PCS "), specialized mobile radio services ( "SMR "), enhanced specialized mobile radio services ( "ESMR "), paging and like services that may be developed in the future. "Personal Wireless Service Facility" or "Personal Wireless Service Facilities' shall have the same meaning as set forth under Section 332 of the Telecommunications Act of 1996 (47 U.S.C. Section 332(c)(7)(C)(ii)). "Planning Commission" means the City Planning Commission for the City of Rosemead organized pursuant to Chapter 2.28 of the Rosemead Municipal Code. "Property Owner" means and refers to the person(s) who own(s) the real property parcel upon which a wireless facility, wireless transmission device, support structure or accessory equipment is or is proposed to be sited. "Satellite Dish Antenna" means any parabolic (bowl- shaped) antenna which: 1. Has a diameter greater than two (2) feet; 2. Is designed to receive satellite transmissions; 3. Is incapable of transmitting electromagnetic waves, including, but not limited to, radio frequency signals; and • 4. Is external to or attached to the exterior of any building. "School District" means the Rosemead School District, the El Monte Union High School District, the Garvey School District and the Montebello Unified School District. The term "school district' does not include any other variety of school district or like entity established or organized under the laws of the State of California, including, but not limited to, any community college district. E "Stealth Facility" or "Stealth Facilities' means and refers to a type of wireless facility or wireless transmission device which is disguised to appear as another natural or artificial object that is prevalent in the surrounding environment or which is architecturally integrated into a building or other concealing structure or improvement. "Stealth facilities" generally include camouflaged structures such as monopalms, monopines or any other variety of monopole - supported wireless facilities designed to look like a tree. "Stealth facilities' may also include wireless facilities or wireless transmission devices, inclusive of accessory equipment that are integrated into existing alternative siting structures such as flag poles or light standards or which are integrated within design features of buildings such as church steeples, parapets, faux chimneys, or other similar concealing design features. "Support Structure" or "Support Structures' means a structure designed to support antenna(s) or other wireless transmission devices to facilitate the transmitting and /or receiving of radio frequency signals. Support structures include, but are not limited to, masts, monopoles, guyed structures, lattice towers, and other like structures used to support wireless transmission devices. The term "support structure" does not include alternative siting structures as defined herein. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • "Wireless Facility" or "Wireless Facilities" means and includes: All "personal wireless service facilities," all "wireless telecommunications facilities" and all "wireless telecommunications collocation facilities' as defined herein; and 2. Any single combination of wireless transmission devices, related accessory equipment and /or related support structures used in conjunction with one another at a specific location within a single real property parcel for the purpose of providing wireless services as defined herein. "Wireless Facility Owner" or "Wireless Facilities Owner" means and refers to the person who owns a wireless facility, wireless transmission device, support structure and /or accessory equipment sited within the City of Rosemead. "Wireless Service(s)" means any type of "personal wireless services," "fixed wireless service," "wireless video service" as the same are defined herein or any other variety of wireless service involving the conveyance of telephonic communications, video transmissions or communications, written communications, radio communications, signs, signals, pictures and the like by means of wireless transmission devices. "Wireless Service Provider" means any person who provides wireless services as defined herein or who otherwise owns, leases, and /or operates a wireless facility or a wireless transmission device within the City of Rosemead. • "Wireless Telecommunications Facility" or "Wireless Telecommunications Facilities" shall have the same meaning as set forth under Section 65850.6 of the California Government Code. • "Wireless Telecommunications Collocation Facility" or "Wireless Telecommunications Collocation Facilities" shall have the same meaning as set forth under Section 65850.6 of the California Government Code. "Wireless Transmission Device" or "Wireless Transmission Devices" means any apparatus or device (excluding support structures or accessory equipment) designed for the transmitting and /or receiving of radio frequency signals or other electromagnetic wave signals which convey telephonic communications, video transmissions or communications, written communications, radio communications, signs, signals, pictures and the like. Wireless transmission devices include antennas as defined herein. TITLE 17 - ZONING ARTICLE 3- REGULATIONS FOR SPECIAL USES AND STRUCTURES • 17.54.030 Applicability. This section applies to the placement, affixing, attachment, mounting, construction, erection, installation, collocation, development, use, operation and maintenance and modification of wireless facilities, wireless transmission devices, support structures and related accessory equipment as the same are defined herein. 17.54.040 Exemptions. The following uses shall be exempt from the provisions of this section: A. Any satellite dish antenna as defined under Section 17.54.020 (Definitions); B. Any satellite antenna that is one meter (39.37 inches) or less in diameter and is designed to receive direct, but not transmit, broadcast satellite service, including direct -to -home satellite service, as defined under Section 205 of Title 47 of the United States Code of Federal Regulations; C. Any antenna structure designed to receive, but not transmit, over - the -air UHF and /or VHF television broadcast transmission; D. Any antenna structure that is designed to receive, but not transmit, over - the -air AM and /or FM radio broadcast; E. Any antenna used by authorized amateur radio stations licensed by the Federal Communications Commission; or • F. Public safety communications facilities owned and operated by the City of Rosemead or the County of Los Angeles. 17.54.050 Required approvals— expiration and renewal. A. Wireless Facilities and Wireless Transmission Devices. No person may place, affix, attach, mount, construct, erect, install, develop, use, operate and maintain, or modify a wireless facility, wireless transmission device, support structure and /or accessory equipment within the City of Rosemead without a conditional use permit approved by the Planning Commission, or the City Council in the course of an appeal, following a noticed public hearing on the matter. Notwithstanding the foregoing, administrative collocation may be allowed as approved in subsection (c) of this section. B. Collocation — General. No person may collocate a wireless facility or wireless transmission device, including related accessory equipment, without a conditional use permit approved by the Planning Commission, or the City Council in the course of an appeal, following a noticed public hearing on the matter. Notwithstanding the foregoing, administrative collocation is allowed as approved in subsection (c) of this section. C. Administrative Collocation. If, following the submission of a completed application form and all required materials set forth under Section 17.54.060 (Application Submission Requirements), the Community Development Director determines that a proposed collocation qualifies as an "administrative collocation" as defined herein, such proposal shall not require a conditional use permit but . shall be approved by the Community Development Director through the issuance of an TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • administrative collocation permit. The foregoing notwithstanding, an administrative collocation approval shall be subordinate and subject to the conditions of approval associated with the wireless telecommunications collocation facility to which it relates. Also, the life of an administrative collocation approval may not exceed the life of the underlying conditional use permit or other underlying discretionary authorization corresponding to the wireless telecommunications collocation facility upon which the proposed wireless transmission device and corresponding accessory equipment will be placed or installed. D. Pre- approved Locations. The City may approve by resolution, following a duly noticed public hearing, a list of sites which may be located on public property or within the public right -of -way and which are approved for wireless facilities, wireless transmission devices, related accessory equipment. Each site shall include a description of permissible development and design characteristics, including, but not limited to, maximum height requirements. The City shall make said resolution available to all persons upon request. The approved list of locations may be subsequently amended by resolution from time to time. All facilities located on a public property site which is pre- approved in accordance with subsection (D)(1) of this section following the effective date hereof must obtain administrative approval from the Community Development Director in accordance with administrative collocation requirements of Section 17.54.090 of this title, and any additional or different requirements made applicable by this section. 3. All leases of public property which are pre- approved in accordance with subsection (D)(1) of this section shall be nonexclusive. The operator of a facility located on such public property shall make the supporting structure of the facility available to any other applicant wishing to collocate to the extent technically feasible. Requirement for Separate Lease Agreement. Any lease of City -owned property for the purpose of erecting a wireless facility, wireless transmission device and any related support structures and accessory equipment shall require a negotiated lease agreement or other written license granted by the City. The existence of a lease agreement or license shall not relieve applicant of any obligations to obtain appropriate permits as required by this code. E. Coordinated Antenna Plans. Requirements. Any wireless service provider may apply for Planning Commission approval of a Coordinated Antenna Plan (CAP) to obtain preapproval for the use of proposed and potential future locations for wireless facilities, subject to the following requirements: a. The CAP shall specify permissible development and design characteristics for identified future locations, including, but not limited to, maximum height and size, type of supporting structure, and type of antenna. b. The CAP shall identify potential future locations by lot and parcel number. c. Applications for a CAP may be considered by the Planning Commission after holding • a noticed public hearing thereon in accordance with Article 6 of this title. TITLE 17- ZONING ARTICLE 3- REGULATIONS FOR SPECIAL USES AND STRUCTURES • d. Following Planning Commission approval of a CAP, each wireless facility that complies with the specifications of the CAP may be approved subject to an administrative collocation permit in accordance with the requirements set forth in this section. Except for the type of permit, nothing in this section shall relieve the applicant of the obligation to comply with the regulations, requirements, and guidelines as required by this section, and the Community Development Director may deny an administrative collocation permit, or place conditions upon its approval, notwithstanding prior approval of a CAP. Any conditions placed on the approval of an administrative collocation permit for a facility which complies with the CAP shall not be inconsistent with the specifications of the CAP. Notwithstanding any provision in Section 17.54.060 to the contrary, the CAP shall not vest any permanent rights to use the preapproved locations for facilities beyond the date of expiration. Unless extended, the CAP shall expire twelve (12) months following its approval by the Planning Commission regardless of whether any administrative collocation permit has been granted pursuant to the CAP. The Planning Commission may, at its discretion, after written request therefor, extend the term of the CAP for up to six (6) additional months; no CAP shall continue longer than eighteen (18) months. 2. Findings. The Planning Commission shall approve a CAP based upon the following • findings: a. The intent and purpose of this section, and all its regulations and requirements will be preserved. b. Any future facility complying with the specifications imposed by the CAP will not have a significant adverse impact on the subject site or surrounding community beyond those impacts considered in the approval of the CAP. c. Any future facilities within the specifications of the CAP will be consistent with the General Plan and the uses permitted in this Zoning Code, subject to subsequent approval of an administrative collocation permit. 17.54.060 Application submission requirements. A. Applications for a conditional use permit under this section, a Coordinated Antenna Plan, or for the approval of an administrative collocation shall be submitted to the Rosemead Planning Division on a form approved by the Community Development Director. B. The following information and documentation shall be required for all submittals: 1. Application Form. Each applicant shall submit a completed application form which must include the following information: a. Applicant Information. The name, business address, telephone number, fax number and, if available, e-mail address of the applicant or co- applicants. The following persons must be identified as applicants /co- applicants on any application form: • 1) The property owner; TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 82 • 2) The wireless service provider who will use the proposed wireless facility, wireless transmission device and any related support structures and accessory equipment; and 3) The wireless facility owner, if different from either the property owner or the wireless service provider. b. Project Location. The street address and assessor's parcel number of the real property where the wireless facility, wireless transmission device, support structures and /or accessory equipment will be located. c. Property Easements. The location and description of all easements, including public utility easements, encumbering the real property parcel where the wireless facility, wireless transmission device, support structures and /or accessory equipment will be located. d. Coverage and other service objectives. The applicant shall include the following information in the application form: 1) A general summary of those specific service objectives which the applicant seeks to attain or address through its proposal, (e.g., whether it is to add additional network capacity; increase existing signal strength; or provide new radio frequency coverage); 2) A general summary of the nature, location and geographic boundaries of any purported gap in network coverage and a summary of the scope of such a gap at various locations within its identified geographic boundaries (e.g., whether and • where it extends to in- building coverage, in- vehicle coverage and /or outdoor coverage); 3) A general summary of the applicant's good faith efforts to identify, study and evaluate less intrusive alternatives, including the use of less intrusive technologies and equipment; alternative system designs; alternative siting structure types; alternative siting structure design, including stealth facility designs; alternative scale or size; and alternative siting options (e.g., alternative locations within the search ring, collocation opportunities or placement upon alternative siting structures); 4) A general explanation as to why specific circumstances, conditions or other factors render each of the alternatives identified pursuant to subsection (A)(1)(d)(iii) of this section, above, incapable of reducing any purported coverage gap to a de minimis level. e. Project description. The applicant shall include the following information in the application form: 1) A written description of the real property parcel where the proposed wireless facility, wireless transmission device, support structure, and /or accessory equipment, including parcel size, width, depth, the location of mature trees, zoning designation and current use; 2) The type of wireless facility and /or the type, number and dimensions of wireless transmission devices, support structures, and /or accessory equipment proposed; 3) The proposed height of any proposed support structure or the height of any existing support structure upon which any wireless transmission device and /or accessory equipment may be placed; TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES . 4) The specific location within the real property parcel of any proposed wireless facility and any proposed wireless transmission devices, support structures or accessory equipment; 5) The proposed location of all above - ground and below - ground wiring and connection cables; 6) A detailed description of the design, shape, color(s), and material composition of any support structures, accessory equipment and antennas or other wireless transmission devices included as part of the proposal; 7) The design and screening treatment selected for the proposal; 8) Whether any proposed support structures or any existing support structure is structurally suitable and capable of accommodating (i.e., collocating) additional antennas or other wireless transmission devices as well as accessory equipment. f. Maintenance and monitoring plan. The applicant shall include within any completed application form a description of the anticipated maintenance and monitoring program for the wireless facility, wireless transmission devices, accessory equipment, or support structures proposed. g. Noise and acoustical information. An inventory and description of any proposed noise - generating wireless transmission devices and accessory equipment, including, but not limited, to air conditioning units and back -up generators. The description shall set forth noise and acoustical information including anticipated decibel levels of noise which would be produced. • h. Disclosure of removal costs. For the purpose of establishing the appropriate amount of any performance bond or other security required under this chapter for the removal of any approved wireless facility, wireless transmission device and related support structures and /or accessory equipment, the applicant shall state the reasonable estimated cost of removing any approved wireless facility, wireless transmission device and related support structures and /or accessory equipment. The applicant shall supplement the application with substantial evidence that corroborates its removal cost estimate. 1) Administrative collocation: If the applicant contends a proposed collocation qualifies as an administrative collocation as defined herein, the applicant shall so state on the application form and shall also include a detailed explanation supported by substantial evidence which demonstrates compliance with all requirements set forth under Section 65850.6 of the California Government Code and the existence of all necessary circumstances and conditions set forth under the same at the time an application is submitted and approved. 2. Site plan. Along with a completed application, each applicant shall submit a site plan drawn to scale which depicts and identifies: a. The precise location within a real property parcel of all proposed wireless facilities, wireless transmission devices, support structures and /or accessory equipment; b. All existing structures, utilities, lighting, signage, walls, fences, trees, landscaped areas, and other significant natural features, walkways, driveways, parking areas, streets, alleys, easements, and setbacks situated upon the real property parcel 0 TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 84 • where the wireless facility, wireless transmission device, support structures and /or accessory equipment will be located; and s c. All existing structures, utilities, lighting, signage, walls, fences, trees, landscaped areas, and other significant natural features, walkways, driveways, parking areas, streets, alleys, easements, and setbacks situated upon real property parcels immediately adjacent to the subject real property parcel. 3. Elevations and section drawings. Along with a completed application form, each applicant shall submit elevations and section drawings of the proposed wireless facility and /or all proposed wireless transmission devices, support structures, and accessory equipment. The applicant shall also submit composite elevations from the street of all buildings, structures and other improvements on -site. 4. Landscaping plan. Along with a completed application form, each applicant shall submit a landscape, screening and landscape irrigation plan. Such plan shall identify and describe existing surrounding landscaping and landscape vegetation (i.e., trees, shrubs and plants); identify and describe vegetation to be removed; and depict and describe in terms of type, size and location proposed plantings of new landscape vegetation. Such plan shall demonstrate how the landscaping and landscape vegetation shall be designed and configured to screen wireless facilities, wireless transmission devices, support structures, and accessory equipment from public view or better camouflage stealth- designed facilities, devices and equipment. Such plan shall set forth and describe an irrigation plan for any existing and proposed landscaping surrounding the proposed facilities, devices and equipment and shall demonstrate efforts to incorporate aesthetically compatible drought tolerant varieties of vegetation. Such plan shall also set forth a plan for the preservation of existing, un- removed vegetation during construction and installation phases. The landscape plan shall also demonstrate the availability of any required irrigation facilities on -site. The requirement for a landscape, screening and landscape irrigation plan shall not be required for roof- mounted wireless transmission devices and accessory equipment, except that the applicant shall still be required to submit a plan demonstrating and depicting any screening of such equipment pursuant to this chapter. 5. Visual analysis. Along with a completed application form, each applicant shall submit a visual impact analysis including scaled elevation diagrams which: Demonstrates the potential visual impacts of any proposed wireless facility, wireless transmission device, support structure, or accessory equipment; Includes before and after photo simulations from various locations and /or angles from which the public would typically view the site and includes a map depicting where the photos were taken; and c. Where the installation would be readily visible from the public right -of -way or from surrounding properties, the application shall include an explanation as to why, if screening or other techniques to minimize the visibility are not proposed, such approaches to reduce the visibility of the installation would not be feasible or effective. TITLE 17- ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • The Community Development Director may require a field mock -up to assess any potential visual impact including proper coloration and blending of the facility with the proposed site. 6. Justification report. Along with a completed application form, the applicant shall also submit a justification report which: a. Describes and explains in detail those specific service objectives which the applicant seeks to attain or address through its proposal, (e.g., whether it is to add additional network capacity; increase existing signal strength; or provide new radio frequency coverage); b. Describes and depicts the nature, location and geographic boundaries of any purported gap in network coverage and the applicant's corresponding search ring; c. Describes and depicts the scope of any purported gap in network coverage at various locations within its identified geographic boundaries (e.g., whether and where the gap extends to in- building coverage, in- vehicle coverage and /or outdoor coverage); d. Includes justification maps which identify the applicant's search ring, the location of alternative sites considered, the location of the proposed site, all existing and approved wireless facilities and /or wireless transmission devices within a one- mile radius of the proposed site and collocation opportunities or alternative site structure opportunities within the search ring; e. Demonstrates, describes and explains in detail the applicant's good faith efforts to identify, study, evaluate and consider other less intrusive alternatives, including the use of less intrusive technologies and equipment; alternative system designs; alternative siting structure types; alternative siting structure designs, including stealth designs; alternative scale or size; and alternative siting options (e.g., alternative locations within the search ring, collocation opportunities or placement upon alternative siting structures); Explains how specifically identified circumstances, physical conditions or other factors render each of the other alternatives identified, studied, evaluated and considered incapable of reducing any purported coverage gap to a de minimis level; g. Explains why and how the proposal for which the applicant seeks approval is the least intrusive means in terms of feasible technology, system design, aesthetic design, size, scale and location for reducing any purported coverage gap to a de minimis level. 7. Propagation and coverage reports. The justification report shall be accompanied by a radio frequency engineer's propagation and coverage report and corresponding maps which identify, describe and depict the location and geographic scope of any purported gap in network coverage; and the nature and scope of the coverage gap • (e.g., whether it extends to in -door, in- vehicle and /or outdoor service and /or whether it is the result of inadequate network capacity). Signal level indicators on maps must TITLE 17- ZONING ARTICLE 3- REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 86 s 0 show specific power levels on the map in colors easily distinguishable from the base paper or transparency layer and must be adequately identifiable by radio frequency (RF) level in dBm and map color or gradient in the map legend. The applicant shall submit maps depicting existing coverage; the coverage provided by the proposal excluding existing coverage; and existing coverage combined with the coverage provided by the proposal. The propagation and coverage report and corresponding maps shall be prepared by a qualified and duly licensed radio frequency engineer. S. Narrative description and map of other facilities. Along with a completed application form, each applicant shall submit a narrative description and map disclosing and depicting the exact location and type of all existing wireless facilities and wireless transmission devices, including support structures, and accessory equipment owned and /or used by the applicant to provide coverage within any portion of the City of Rosemead whether or not such facilities, devices, structures or equipment are located within the City of Rosemead or outside of the City of Rosemead. 9. FCC and CPUC Approvals. Along with a completed application form, each applicant shall submit true and correct copies of all valid and applicable licenses, permits or other approvals required by the FCC or the California Public Utilities Commission ( "CPUC ") for the use, operation and maintenance, construction and placement of the wireless facility, wireless transmission device(s), support structure(s), and accessory equipment for which approval is sought. If no such licenses, permits or other approvals are required of the applicant by the FCC or the CPUC, the applicant shall explain and declare under penalty of perjury the reason why such licenses, permits or other approvals are not required. 10. Radio Frequency Emissions and Signal Interference Analysis. Along with a completed application form, each applicant shall submit a written analysis prepared by a qualified and duly licensed radio frequency engineer which: a. Determines and states the power rating for all wireless transmission devices and accessory equipment included in the applicant's proposal; b. Provides a description of the specific services that the applicant proposes to offer or provide in conjunction with the proposed wireless facility or wireless transmission device; c. Verifies that the proposal, including all wireless transmission devices and accessory equipment conform to the non - ionizing electromagnetic radiation ( "NIER") standards adopted by the FCC; d. Confirms that the use and operation of all proposed wireless transmission devices and accessory equipment will not exceed adopted FCC standards, including, but not limited to, FCC requirements that power densities in inhabited areas not exceed the FCC's Maximum Permissible Exposure ( "MPE ") limits for electric and magnetic field strength and power density for transmitters. Such analysis shall address both the individual impact of any proposed wireless transmission device and accessory equipment, as well as their cumulative impact, if collocated upon a single support structure or alternative siting structure; if placed upon a real property parcel already containing a wireless facility, wireless transmission devices, and /or accessory equipment; or if placed upon a TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES real property parcel immediately adjacent to another real property parcel containing a wireless facility, wireless transmission device, and /or accessory equipment; e. Describes all appropriate operating parameters and maintenance requirements necessary to comply with all applicable FCC standards, including radio frequency emissions standards and standards relating to signal interference with consumer electronic products and /or public safety communications; Confirms that all proposed wireless transmission devices and accessory equipment shall be operated in a manner that complies with FCC regulations regarding radio frequency emissions and standards relating to signal interference with consumer electronic products and /or public safety communications; In addition its technical narrative and discussion of the issues to be addressed, the analysis shall also include a nontechnical executive summary presented in a concise and easy -to -read format that clearly explains in a nontechnical manner the current site conditions, conditions with the proposed wireless facility, wireless transmission devices and /or accessory equipment included and FCC thresholds as they relate to all applicable emissions standards. 11. Collocation Agreement. Each application proposing the construction of a new monopole, lattice tower, or guyed structure shall include a signed statement whereby the applicant agrees, as a condition to any approval, to permit the collocation upon the support structure to accommodate additional wireless transmission devices and • accessory equipment. The application shall also include a signed statement whereby the applicant agrees, as a condition of any approval, to refrain from entering into any exclusive agreement(s) or arrangement(s) that would prevent the type of collocation contemplated under this subsection. 17.54.070 Approval procedures— Required findings. A. Investigation. Following the submission of a completed application form, as well as the submission of all documents and materials required under Section 17.54.060, the Community Development Director shall undertake a review and evaluation of the applicant's proposal for the purpose of preparing a written report to the Planning Commission which evaluates the proposal's compliance with the procedural requirements and standard conditions of this chapter, as well as its consistency with the goals, standards, and objectives of this chapter and the Rosemead General Plan. The report will evaluate the applicant's efforts to identify, study, and consider alternatives and may recommend modifications and /or the addition of conditions to be attached to the applicant's proposal as a condition of approval. The report shall also contain a recommendation as to the disposition of the proposal for which conditional use permit approval is sought. B. Public Hearing Notice. The procedure set forth in Chapter 17.156 of this Title shall constitute the procedure for conducting public hearings on a conditional use permit for a wireless facility or wireless transmission devices, and any accessory equipment except as otherwise specifically provided in this chapter. • C. Findings Necessary for Approval. TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 88 • No conditional use permit shall be approved unless the Planning Commission, or the City Council in the course of an appeal, makes all of the following findings supported by substantial evidence: 1. The applicant has submitted all applicable information, documentation and materials required under Section 17.54.060; 2. The Wireless Facility, wireless transmission devices, and any accessory equipment to be approved satisfies all applicable federal and state requirements and standards as to the placement, construction, and design, as well as all federal and state limits and standards concerning radio frequency emissions, signal interference with consumer electronic products and /or public safety communications, and other applicable operating and design standards; 3. The proposal to be approved complies with all mandatory requirements and restrictions of this chapter; all applicable building and construction requirements of Title 15 (Buildings and Construction) of the Rosemead Municipal Code and applicable fire safety and fire prevention requirements set forth under the Rosemead Municipal Code, County of Los Angeles Fire Code, and all applicable state fire safety and prevention laws; 4. The applicant has made a good faith effort to identify, study and evaluate less intrusive alternatives, including the use of less intrusive technologies and equipment; alternative system designs; alternative siting structure types; alternative siting structure design, including stealth designs; alternative scale or size of proposal; and alternative siting • options (e.g., alternative locations within the search ring, collocation opportunities or placement upon alternative siting structures); 5. In comparison to other identified, studied, and evaluated alternatives that are equally if not more capable of addressing the applicant's service objectives, the proposal to be approved is the most consistent with the standards, goals, and objectives of this chapter and the Rosemead General Plan; E With respect to proposals for personal wireless facilities as defined herein which are intended to address gaps in network coverage, an identified alternative shall be considered equally capable of addressing the applicant's service objectives in comparison to the applicant's requested proposal, if such an alternative is capable of reducing the purported gap in network coverage to a de minimis level. D. Findings necessary for denial of personal wireless service facilities. Notwithstanding any other findings made in support of the denial of a conditional use permit under this chapter, neither the Planning Commission nor the City Council in the course of an appeal, may deny a conditional use permit unless one or more of the following additional findings is made in writing: 1. The applicant has failed to present all of the information, documentation or material required under Section 17.54.060, above; or 2. Substantial evidence presented as part of the record fails to establish the existence of a significant gap in personal wireless service coverage within the personal wireless service network of a personal wireless service provider applicant or co- applicant; or TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES E 3. Notwithstanding the existence of a significant gap in personal wireless service coverage within the applicant's coverage network, substantial evidence presented upon the record fails to establish that of all reasonably feasible alternatives capable of reducing the coverage gap to a de minimis level, the proposal for which a conditional use permit is sought is the least intrusive upon the goals and standards of this chapter and the Rosemead General Plan; or 4. Substantial evidence presented as part of the record fails to establish that any proposed wireless facility, wireless transmission device or accessory equipment is capable of satisfying basic FCC requirements, limits or restrictions concerning radio frequency emissions or signal interference with consumer electronic products and /or public safety communications even with modifications and /or added conditions acceptable to the applicant; or 5. Substantial evidence presented as part of the record fails to establish that any proposed wireless facility, wireless transmission device, support structure or accessory equipment is capable of satisfying applicable building, construction, fire safety or fire prevention standards set forth under Title 15 (Building and Construction) of the Rosemead Municipal Code, the County of Los Angeles or the State of California even with modifications and /or added conditions acceptable to the applicant. 17.54.080 Prohibited grounds for denial. Notwithstanding any other provisions of this section, the denial of a conditional use permit may not be based on the environmental effects of radio frequency emissions for Personal wireless facilities that comply with FCC radio frequency emissions standards. 17.54.090 Requirements for administrative collocation. Consistent with subsection (a) of Section 65850.6 of the California Government Code, the Community Development Director, or the City Manager in the course of an appeal, shall administratively approve as a permitted use any proposed collocation which qualifies as an administrative collocation in the reasonable judgment of the Community Development Director based on the information submitted pursuant to Section 17.54.060 of this chapter. Included as part of the necessary requirements for an administrative collocation is the requirement that the proposed collocation satisfies all modifications or conditions required for collocation with the corresponding wireless telecommunications collocation facility as defined herein. 17.54.100 Applicant's evidentiary burden. Each applicant is responsible for presenting substantial evidence upon the record that adequately supports the findings and determinations necessary for the approval of a conditional use permit or that confirms the conditions necessary to authorize the issuance of an administrative collocation permit under this chapter or which adequately rebuts any findings in favor of a denial for the same. With respect to conditional use permit approvals, substantial evidence includes, but is not limited to, substantial evidence which: A. Identifies and establishes the location and geographic boundaries of any purported gap in network coverage; B. Identifies and establishes the nature of a purported gap in network coverage (e.g., whether it is the result of inadequate signal strength or inadequate service capacity); TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 90 • C. Identifies and establishes the scope of any purported coverage gap at various locations with the geographic boundaries of the gap (e.g., where it is limited to in- building coverage, in- vehicle coverage and outdoor coverage etc.); D. Demonstrates, details, and explains the applicant's good faith efforts to identify, study and evaluate less intrusive alternatives, including the use of less intrusive technologies and equipment; alternative system designs; alternative siting structure types; alternative siting structure design, including stealth designs; alternative scale or size; and alternative siting options (e.g., alternative locations within the search ring, collocation opportunities or location upon alternative siting structures); E. Details and explains those specific circumstances, conditions or other factors which render each of the identified alternatives incapable of reducing the purported coverage gap to a de minimis level; Demonstrates that the proposal complies or, with the addition of modifications or conditions to the proposal, can be made to comply with FCC radio frequency emissions standards or standards relating to signal interference with consumer electronic products and /or public safety communications; and G. Demonstrates that any proposed wireless facility, wireless transmission device, support structure or accessory equipment satisfies or, with the addition of modifications or conditions to the proposal, can be made to comply with applicable building, constructions, fire safety or fire prevention standards set forth under Title 15 (Building and Construction) of the Rosemead Municipal Code, the County of Los Angeles or the State of California even with modifications and /or added conditions acceptable to the applicant. 17.54.110 Appeal -Conditional Use Permits. If an applicant, or any interested party, is dissatisfied with any denial, approval or conditioned approval of a conditional use permit under this chapter, the applicant or interested party may appeal the matter to the City Council by filing an appeal in accordance with the procedures established in Section 17.160.050 of this title. In reviewing the matter on appeal, the City Council shall be required to make the same findings for any denial or approval as would otherwise be required of the Planning Commission. 17.54.120 Appeal -Administrative Collocation. If an applicant contends that a request for an administrative collocation was denied in error, the applicant may appeal the matter to the City Manager by fling an appeal with the City Clerk. Such appeal must be fled within ten calendar days following the Community Development Director issuance of notice that a requested collocation fails to qualify as an administrative collocation or fails to satisfy any other applicable requirements for approval under this chapter. In reviewing the matter on appeal, the City Manager shall be required to make the same determinations as would otherwise be required of the Community Development Director. The decision of the City Manager shall be final. 17.54.130 General development standards. A. Location. The placement or siting of wireless facilities, wireless transmission devices, support structures and accessory equipment shall be subject to the following approval requirements, parameters and preferences: TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 0 In order to minimize the unnecessary proliferation of wireless facilities, wireless transmission devices, and related support structures and accessory equipment and in order to promote aesthetic harmony and mitigate, if not eliminate, the potential for visual blight, each applicant in identifying, studying and evaluating alternative placement and siting options and the Planning Commission or City Council in evaluating an applicant's proposal against other identified alternatives capable of addressing applicant's service objectives shall undertake such evaluations subject to the following order of preference starting with the most preferred: a. Proposals in which a wireless transmission device and related accessory equipment are collocated upon an already existing monopole- supported wireless facility which qualifies as a stealth facility as defined herein and which is capable of accommodating added devices and equipment. b. Proposals in which a wireless facility or wireless transmission device and related accessory equipment and support structures are integrated, camouflaged and concealed within the decorative design features of a building such as the steeple of a church building, parapets, faux chimneys or other similar design feature. c. Proposals in which a wireless facility or wireless transmission device and related accessory equipment and support structures are mounted and screened upon the roof of a multi -story industrial or commercial building capable of safely accommodating such facilities, devices, equipment and structures. • d. Proposals in which an individual wireless transmission device and related accessory equipment is affixed or mounted upon an existing utility pole, lighting pole, light standard or other similar alternative siting structure. is e. Proposals contemplating the construction of a new monopole structure, with preference given to proposals which qualify as stealth facilities. f. Proposals involving the construction of new lattice towers or guyed structures. Where this option is proposed, the applicant shall identify, study, evaluate and pursue designs which camouflage such structures in a manner that promotes aesthetic consistency and harmony with surrounding structures. g. Proposal in which a wireless transmission device and related accessory equipment are mounted on the facade of a building, water tower, or other like structure in a manner that does not camouflage, integrate and conceal such devices and equipment within the decorative design features of the building or structure. 2. Wireless facilities, wireless transmission devices, support structures and accessory equipment are permitted in the following locations: a. Real property exclusively owned by the City of Rosemead, a School District as defined herein in fee simple, or by a public utility; or b. Property in the M -1 and O -S zones. TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • c. Notwithstanding the foregoing or Section 17.54.250, any wireless facilities, wireless transmission devices, support structures or accessory equipment existing as of the effective date of this code [Ord. No. 892] shall not be deemed to be nonconforming for purposes of collocation. 3. Except as otherwise authorized under Section 17.54.130(A)(2)(a), any proposal for the construction of a new wireless facility which includes the construction of a support structure shall provide that the new wireless facility be spaced a minimum of one thousand (1,000) feet from any existing wireless facility support structure. 4. The location of wireless facilities, wireless transmission devices, support structures and /or accessory equipment shall be restricted to developed real property parcels or proposed as part of a larger development project. 5. The Planning Commission, or the City Council in the course of an appeal, may authorize the location of personal wireless facilities as defined herein at locations otherwise prohibited under subsections (A)(1) through (A)(4) of this section, above, but only upon a finding supported by substantial evidence presented as part of the record which establishes that: a. The applicant has a significant gap in its network coverage; and b. The placement of wireless facilities, wireless transmission devices, and related support structures and accessory equipment at a location otherwise prohibited under subsections (A)(1) through (A)(4) of this section, above, is the only means by which the significant gap in network coverage can be reduced to a de minimis level. Wireless facilities, wireless transmission devices, and related support structures and accessory equipment which satisfy the exception to the general siting prohibitions set forth under subsections (A)(1) through (A)(4) of this section, above, must still satisfy all other applicable conditions and findings necessary for conditional use permit approval. 6. As between possible or competing location proposals, the Community Development Director and the Planning Commission shall encourage proposals that contemplate collocation subject to requirements of this chapter. B. Height. The height of any freestanding wireless facility shall not exceed the height limits of the applicable underlying or overlay zone. All wireless facilities shall be designed to minimum functional height technologically required to address the wireless service providers' service objectives. All wireless facilities, wireless transmission devices, support structures and accessory equipment shall also be subject to the following restrictions as applicable: Ground - Mounted Facilities: Notwithstanding any other provision of this subsection (B) to the contrary, the maximum height of monopoles may not exceed the lesser of the following: sixty (60) feet or the height limit of the applicable underlying or overlay zone; 2. Roof - Mounted Facilities: Roof - mounted wireless facilities or wireless transmission devices, including support structures and accessory equipment shall not project out • more than ten feet above the roofline and shall be set back from the roof edge by a ratio TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 93 • of one foot for each foot of projection above the roofline. A facility shall be exempt from the foregoing requirement if it is mounted within an existing enclosed roof structure or an architectural feature, such as a parapet wall or similarly designed features so as to integrate and camouflage the wireless facility, wireless transmission device and related support structures and accessory equipment within the structure or building. 3. Accessory and Support Structures: All wireless facilities, wireless transmission devices, support structures, and accessory equipment shall comply with accessory height requirements for the particular zoning district in which they are located. C. Ground - mounted facilities - setback requirements and guidelines. Ground - mounted wireless facilities or wireless transmission devices shall comply with the following requirements and guidelines: 1. Front: Such facilities shall not be permitted in a required front yard of any property located in any type of zone within the City of Rosemead, unless otherwise authorized under the terms of a conditional use permit; 2. Side: Such facilities shall not be permitted within a required side yard; 3. Rear: Such facilities may be located in the rear yard of a property at a location that is out of view from the public right -of -way; 4. Accessory/Support Structures: All such facilities and related support structures shall comply with required setback requirements applicable to the zoning district in which they are located, including variable height requirements in Section 17.08.050 where applicable; 5. No wireless facility, wireless transmission device or related support structures, and accessory equipment shall extend beyond the property lines. For purposes of this chapter, the terms "front yard" and "side yard" shall have the same meaning as set forth under Section 17.04.050 of this title. D. Screening. The following screening requirements shall apply to all wireless facilities, wireless transmission devices and related support structures, and accessory equipment: The proposed wireless facility, wireless transmission device, and related support structures, and accessory equipment shall be screened or camouflaged by existing or proposed new topography, vegetation, buildings, or other structures; provided that any such screening or camouflaging measures shall be aesthetically appropriate for and compatible with the existing site and the surrounding area. Wireless facilities, wireless transmission devices, and related support structures, and accessory equipment that are not screened or architecturally integrated on an existing building or structure shall be prohibited. 2. All screening used in connection with wireless facilities, wireless transmission devices and related support structures, and accessory equipment which are building- mounted shall be aesthetically compatible with the architecture, architectural theme, color, texture, • and materials of the building or other structure to which it is mounted. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 94 0 All fencing shall be designed to resist graffiti vandalism and to facilitate the fast and effective removal of graffiti. 4. The use or incorporation of chain -link fencing, razor -wire, or sharp points in the screening design of a wireless facility or related support structures is prohibited. 5. The Planning Commission, or the City Council in the course of an appeal, may waive screening requirements where it determines that such measures are not necessary or aesthetically appropriate given the nature of the proposal. E. Accessory equipment. 1. Any and all accessory equipment shall be located within a building, an enclosure, or underground vault in a manner that complies with the development standards of the zoning district in which the equipment is located. If located above ground, accessory equipment shall be screened, camouflaged and /or concealed in a manner that is aesthetically and visually compatible with the architecture and design of surrounding buildings, structures and landscaping and in a manner that hides such equipment from public view or otherwise camouflages and conceals its presence. 3. If accessory equipment is located outdoors and is in public view, the Planning • Commission, where it deems appropriate, may require the applicant to provide a solid masonry block wall, or such other aesthetically compatible material acceptable to the Community Development Director that will screen such equipment from view. F. Signs. Wireless facilities shall not display or otherwise bear signs or advertising devices other than certification, warning, or other required seals or signage. Nothing in this subsection shall prohibit the Planning Commission, or the City Council in the course of an appeal, from approving a stealth facility which is camouflaged and disguised as a freestanding sign. G. Lighting. Lighting shall not be permitted on facilities unless required as a public safety measure by Federal Aviation Administration (FAA), or other government agencies with superseding jurisdiction over lighting issues. If lighting is required, the facilities shall be designed to minimize glare and light overflow onto neighboring properties. 17.54.140 Design standards. The design of wireless facilities, wireless transmission devices and related support structures and accessory equipment shall be subject to the following design standards: A. All proposals shall seek to minimize adverse aesthetic and visual impacts to the greatest extent feasible considering technological requirements, placement, screening, camouflage, etc. All proposals shall utilize state of the art stealth technology or stealth design. If no stealth technology or stealth design is proposed, the applicant shall provide a detailed written analysis identifying those factors and conditions which make the use of stealth • technologies and /or stealth designs infeasible, and explaining why such technologies or designs are infeasible. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 95 B. All proposals shall use the shortest, smallest, least visible wireless transmission devices, support structures, and accessory equipment necessary to accomplish the applicant's service objectives. C. All exterior finishes shall be comprised of non - reflective, glare- reducing materials, and shall be painted, screened, or camouflaged to blend aesthetically with the materials and colors of surrounding buildings or structures. Colors chosen shall minimize visibility and match or blend with the primary background. D. All proposed monopoles shall be a round shape, slim or tapered in design and shall be of a kind that will permit collocation by other wireless service providers. E. Proposals shall minimize and be resistant to opportunities for unauthorized access, climbing, vandalism, graffiti, and other activities, which would result in hazardous conditions, visual blight, or an attractive nuisance. Wireless transmission devices and related accessory equipment mounted on structures shall be designed as an integral part of the structure and located to minimize visual impact on surrounding properties and rights -of -way. 17.54.150 Noise. All wireless facilities, wireless transmission devices, and accessory equipment shall be constructed and operated in such a manner as to minimize the amount of noise impacts to . residents of nearby residential properties, the users of recreational areas such as public parks and public open spaces, or the occupants of hospitals and schools. If a wireless facility, wireless transmission device and /or accessory equipment is located within two hundred (200) feet of any of the foregoing types of properties or uses, noise attenuation measures shall be included to reduce noise levels to a level of fifty (50) dBA measured at the property line. Back- up generators shall only be operated during power outages and for testing and maintenance purposes. Testing of such equipment shall not be conducted on weekends or holidays, or between the hours of 10:00 p.m. and 7:00 a.m. 17.54.160 RF and other emissions requirements. A. No individual wireless facility, wireless transmission device, or accessory equipment shall generate at any time electromagnetic frequency radiation or radio frequency radiation in excess of the FCC adopted standards for human exposure, including, but not limited to, the FCC's Maximum Permissible Exposure (MPE) limits for electric and magnetic field strength and power density for transmitters. The foregoing shall also apply to any combination of wireless facilities located on the same real property parcel or any combination of wireless transmission devices and accessory equipment that are collocated or otherwise located upon the same real property parcel. B. All wireless facilities, wireless transmission devices, and accessory equipment shall comply with all rules, regulations and standards, including compliance with non - ionizing electromagnetic radiation (NIER) standards, set by the FCC and /or any other agency of the federal government with the authority to regulate such facilities. If such rules, standards and /or regulations are changed, the recipient(s) /holder(s) of a conditional use permit or administrative collocation approval issued pursuant to this chapter shall be jointly • responsible for bringing such facilities, devices and equipment into compliance with such TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • revised rules, standards and /or regulations within six months of the effective date of such rule, standard and /or regulation, unless a more stringent compliance schedule is mandated by the controlling agency. C. If any wireless facility, wireless transmission device or accessory equipment is found to be operating in such a manner as to be hazardous to the health and safety of persons working or residing near such facilities, devices or equipment, the owner(s) and operator(s) of the hazardous facility, device or equipment jointly with the owner of the real property parcel where it is located shall be responsible for correcting the hazardous condition. In no case shall a wireless facility, wireless transmission device, or accessory equipment remain in operation if it is found to create an imminent risk of danger to human life or property. The foregoing notwithstanding, no wireless facility, wireless transmission device, or accessory equipment that is found to be in compliance with all current EMF or RF emissions standards established by the FCC or any other federal agency with jurisdiction over the matter shall be deemed hazardous or dangerous solely because of the fact that it emits EMF radiation or RF radiation. D. For the protection of emergency response personnel, all wireless facilities, wireless transmission devices, and accessory equipment shall have a main breaker switch or other similar means of disconnecting electrical power at the site. For collocation sites, a single main switch shall be installed to disconnect electrical power for all carriers at the site in the event of an emergency. E. Wireless facilities, wireless transmission devices, and accessory equipment shall not be • operated in any manner that would cause interference with public safety communication systems or consumer electronics products. F. To ensure all new or modified wireless facilities, wireless transmission devices, and related accessory equipment comply with FCC radio frequency radiation exposure standards before regular operations commence, the applicant shall conduct a post- construction or post - modification NIER /radio frequency radiation exposure test. Compliance with FCC standards shall be demonstrated by a written certification signed under penalty of perjury by a qualified and duly licensed radio frequency engineer. A final building permit clearance will not be issued until the wireless facility, wireless transmission device, and accessory equipment are certified to be in compliance with FCC operating and emissions standards. The recipient(s) /holder(s) of any approval given under this chapter shall have 60 calendar days to bring the non - compliant wireless facility, wireless transmission device, and accessory equipment into compliance. If such facilities, devices or equipment cannot be brought into compliance within 60 calendar days from the completion of construction or completion of modification, such failure shall constitute grounds for the revocation of a conditional use permit or administrative collocation approval. G. To verify ongoing compliance with FCC operating and emissions standards, the recipient(s) /holders(s) of a conditional use permit or administrative collocation approval shall submit updated monitoring information certifying ongoing compliance with FCC operating and emissions standards. Such updated monitoring information shall be submitted on an annual basis within 30 calendar days from anniversary date of approval and shall be prepared by a qualified and duly licensed radio frequency engineer. If such information is not timely provided, the conditional use permit or administrative collocation authorization may be revoked. If at any time the facility proves to be in noncompliance with FCC • operating and emissions standards, the noncompliant wireless facility, wireless transmission TITLE 17- ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 97 • device or accessory equipment shall cease all operating. The recipient(s) /holder(s) of the conditional use permit or administrative collocation approval shall have 60 calendar days from the date of such disclosure to the City to bring the noncompliant facility, device or equipment into compliance. If the facility, device or equipment remains noncompliant on the sixty -first day the City may revoke the conditional use permit or administrative collocation approval for the noncompliant facility, device or equipment. H. Any violation of this section is hereby deemed a public nuisance and shall constitute grounds for revocation of any permits and /or approvals granted under this chapter. Such violations shall also constitute grounds for abatement and removal of noncompliant facilities, devices and /or equipment by the City at the property owner's expense. 17.54.170 Performance bond. As a condition of approval for any conditional use permit or any administrative collocation under this chapter, the applicant shall be required to procure a performance bond in an amount equal to the reasonably estimated cost associated with removing the wireless facility, wireless transmission device, and all corresponding support structures and accessory equipment covered under a conditional use permit or administrative collocation authorization. 17.54.180 FAA Compliance. All wireless facilities subject to FAA lighting requirements and height restrictions shall remain in compliance with all such restrictions as a condition of approval. All permittees shall provide the Community Development Director with proof of such compliance upon request. • 17.54.190 Maintenance and security. A. Trash and debris. All wireless facilities, wireless transmission devices, support structures, alternative siting structures, and accessory equipment within the City of Rosemead shall be maintained in good repair and kept free from trash, litter, refuse and debris. Graffiti, vandalism and damage. All wireless facilities, wireless transmission devices, support structures, alternative siting structures and accessory equipment shall be kept free from graffiti and other forms of vandalism and any damage to the same, regardless of the cause, shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. All graffiti shall be removed from the premises within 24 hours of discovery or within 24 hours of any written notice issued by the City of Rosemead. If the affected surface is a painted surface, graffiti shall be removed by painting over the evidence of such vandalism with paint which has been color- matched to the surface to which it is applied. Otherwise graffiti shall be removed through the use of solvents or detergents. For purposes of this chapter the term "graffiti" refers to any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to or on any surface by any means. C. Landscaping. Any conditional use permit approval or administrative collocation approval which incorporates or otherwise includes the planting, installation, and maintenance of new landscape improvements and /or the preservation and maintenance of existing landscape improvements, whether or not used as screening, shall be maintained in good condition at • all times. Damaged, dead, diseased, or decayed trees, shrubs, and other vegetation as well TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 98 as damaged or inoperable irrigation equipment shall be replaced promptly, but in no event later than 30 calendar days from the date such deficiencies are detected or the date City issues notice of such deficiencies, whichever occurs first. If a landscape plan was required and approved, the site shall be maintained in accordance with the approved landscape plan at all times. Amendments or modifications to such plan shall be submitted for approval to the Community Development Director. D. Maintenance of certain stealth facilities: Stealth facilities designed to appear as flagpoles must have a flag flown upon the structure and such flag must be properly maintained at all times. Flags which become tattered, torn, faded or otherwise damage shall be replaced with a new flag. Light fixtures included as part of stealth facilities designed to appear as light standard or other lighting structures shall be operable at all times. Damaged, defective or burned -out light fixtures shall be replaced promptly. E. Contact information. A permanent, weather -proof identification sign must be placed on the gate of the fence surrounding a wireless facility or, if there is no fence, at an accessible and conspicuous location approved by the Community Development Director. The sign must state the name, address, phone number of the owner of the real property parcel where the subject wireless facility, wireless transmission device, support structure, alternative siting structure, or accessory equipment is located, the wireless service provider using the equipment, and the owner of the equipment, if different from owner of the real property parcel or the wireless service provider. Fax numbers and e-mail contact number shall also be included, if available. If the owner of the real property parcel where the subject wireless facility, wireless • transmission device, support structure, alternative siting structure, or accessory equipment is located has no other contact information, other than a residential telephone number or residential address, the Planning Commission may maintain such information as part of the records of the City of Rosemead in lieu of appearing on any signage. 17.54.200 Maintenance responsibility. The compliance with the maintenance obligations set forth under this section shall be a joint and severable obligation of the following parties: A. The owner of a wireless facility, wireless transmission device, support structure, alternative siting structure, and accessory equipment and the user(s) /operator(s) of the same if different from the owner; and B. The owner of the real property parcel where a wireless facility, wireless transmission device, support structure, alternative siting structure, and accessory equipment are located. 17.54.210 Abandonment or discontinuance of use— removal of facilities. A. Notice to City. A wireless service provider shall provide written notice by certified U.S. mail to the Community Development Director and the Chief Building Official in the event the wireless service provider intends to terminate or otherwise abandon its use of a wireless facility or individual wireless transmission device, or the wireless service provider is required to discontinue its use of a wireless facility or individual wireless transmission device. Such notice shall be mailed not less than thirty 30 calendar days prior to the contemplated or anticipated cessation of use; shall state the contemplated or anticipated date upon which the • use will end; and shall state the date upon which the wireless facility or individual wireless TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES transmission device shall be completely dismantled and physically removed from the real property parcel where it is sited or located. B. Dismantling and removal of equipment. With respect to the contemplated abandonment, termination or discontinuance of use of an entire wireless facility, the dismantling and physical removal shall include the dismantling and physical removal of all wireless transmission devices, all support structures and all accessory equipment from the real property parcel where such items were sited. With respect to the contemplated abandonment, termination, or discontinuance of use of an individual wireless transmission device, the dismantling and physical removal shall include the dismantling and physical removal of the wireless transmission device and all corresponding support structures and /or accessory equipment that do not serve wireless transmission devices whose use is ongoing. Physical removal of an entire wireless facility also entails and includes the restoration of the site to its original condition prior to the installation of the wireless facility, excluding any landscape improvements. C. Failure to timely dismantle or remove. If the dismantling and physical removal of a wireless facility or wireless transmission device in the manner contemplated under subsection (B) of this section, above, is not completed by the date indicated in the notice referenced under subsection (A) of this section, above, the Chief Building Official shall issue notice to the wireless service provider and the owner of the real property parcel that the wireless facility or wireless transmission device must be completely dismantled and removed within sixty (60) calendar days from the dismantling and removal date originally noticed by the wireless service provider pursuant to subsection • (A) of this section. D. Constructive abandonment of facilities. A wireless facility or individual wireless transmission device that remains inoperative or unused for a period in excess of one hundred eighty (180) calendar days shall be deemed abandoned for purposes of this section. The foregoing shall apply notwithstanding any assignment of ownership or lease rights as contemplated under Section 17.54.220, below. After one hundred and eighty (180) calendar days of inoperability or nonuse, the Chief Building Official shall issue notice to the wireless service provider and the owner of the real property parcel that the wireless facility or wireless transmission device must be completely dismantled and removed within 60 calendar days. E. Responsibility for dismantling and removal. The dismantling and physical removal of wireless facilities, wireless transmission devices, support structures, and /or accessory equipment shall be the joint and several responsibility of the wireless service provider and the owner of the real property parcel upon which the wireless facility or wireless transmission device is sited. F. Nuisance. If an abandoned, inoperative or unused wireless facility or wireless transmission device is not dismantled and physically removed within any time period required under this section, the same shall be deemed a public nuisance and any unexpired permit or authorization to use, operate and /or maintain the wireless facility or the wireless transmission device may be revoked in accordance with Section 17.54.230 of this Chapter. 17.54.220 Transfer of operation. • TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 100 Any wireless service provider who owns or leases a wireless facility or who leases space for the placement of an individual wireless transmission device upon a support structure or alternative siting structure may assign its ownership or lease rights to another wireless service provider licensed by the FCC provided that any such assignment be conditioned upon the following: A. The issuance of sixty (60) calendar days' prior written notice of any such assignment to the Community Development Director and the Chief Building Official; B. The forwarding of the official name and contact information of the prospective assignee; and C. The assignee's written acknowledgement and assumption of all duties, requirements, restrictions and responsibilities applicable to the use, operation and maintenance of the subject wireless facility or subject wireless transmission device as provided under this chapter or any conditional use permit or other approval issued under this chapter. 17.54.230 Revocation. A. At any time, the Planning Commission or City Council may initiate proceedings to revoke a conditional use permit or other approval issued pursuant to this chapter. Upon making a determination that the permit should be revoked, the deciding body may, at its discretion, initiate a nuisance abatement action pursuant to Chapter 8.44 of the Rosemead Municipal Code. Grounds for revocation include the finding that: 1. The wireless service provider or property owner has abandoned or otherwise ceased its use of the wireless facility or an individual wireless transmission device; or • 2. The wireless service provider or property owner has failed to bring the wireless facility, an individual wireless transmission device, support structure or accessory equipment into compliance with the conditions of approval, or the requirements of this chapter, within any time period provided for in this chapter or within any other extended time period set forth by the Community Development Director or the Chief Building Official; or is 3. The wireless facility, wireless transmission device, or accessory equipment no longer complies with applicable health and safety regulations promulgated by the FCC or the Federal Aviation Administration and the recipient(s) /holder(s) of a conditional use permit or administrative collocation approval have failed to timely bring such facilities, devices and equipment into compliance. 17.54.240 Wireless facilities in the public right -of -way. A. Section 7901 of the California Public Utilities Code confers upon telephone corporations as defined herein the right to construct telephone lines and equipment "along and upon any public road or highway" in such manner and at such points as "not to incommode the public use of the road or highway." Public Utilities Code Section 7901.1 authorizes a municipality to "exercise reasonable control" over the time, place, and manner in which roads and highways are accessed. In 2006, the State Legislature adopted the Digital Infrastructure and Video Competition Act of 2006 (the "Act "), which established a state franchising system for video service providers that is administered by the Public Utilities Commission. The Act added Section 5885 to the Public Utilities Code, which requires local entities, including cities, to allow a state video franchise holder to install, construct, and maintain a "network" within public rights -of -way under the same time, place, and manner provisions that apply to TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES • telephone corporations under applicable state and federal law, including the provisions of Public Utilities Code Section 7901. B. The City Council finds and determines that it is necessary, desirable, and in the public interest to impose the City's time, place and manner requirements, as authorized by Public Utilities Code Section 7901.1, upon telephone corporations and upon state video franchise holders through the encroachment permit process and procedures that are specified in Title 12 of the Rosemead Municipal Code. Enforcement of the City's time, place, and manner requirements specified in Title 12 is the responsibility of the Superintendent of Streets or designee. 17.54.250 Nonconforming facilities. A. Legal Nonconforming Uses. Any wireless facility, wireless transmission device, support structure, alternative siting structure and accessory equipment placed, affixed, mounted, constructed, developed, erected or installed prior to the effective date of the ordinance codified in this chapter or for which an application for a use permit is deemed complete prior to the effective date of the ordinance codified in this chapter, in compliance with all applicable laws and which does not conform to the requirements of this chapter shall be accepted and allowed as a legal nonconforming use. Such legal nonconforming uses shall comply at all times with the laws, ordinances and regulations in effect at the time the application was deemed complete, and any applicable federal or state laws as they may be amended or enacted from time to time, and shall at all times comply with the conditions of approval. • B. Illegal Nonconforming Uses. Any wireless transmission facility, wireless transmission device, support structure, alternative siting structure and accessory equipment placed, affixed, mounted, constructed, developed, erected or installed prior to the effective date of the ordinance codified in this chapter in violation of applicable laws, ordinances or regulations shall be considered an illegal nonconforming use and shall be subject to abatement as a public nuisance. C� 17.54.260 Fees. By resolution, the City Council may establish, and from time to time adjust, fees to recover the reasonable estimated cost of processing and reviewing applications for the approval of conditional use permits issued pursuant to this chapter. The fee for processing and reviewing applications for administrative collocation permits shall be the same as for site plan review as established by the City Council. TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES I. 0 0 • ARTICLE 4 SUPPLEMENTAL STANDARDS Chapter 17.68 FENCES, WALLS, AND LANDSCAPE SCREENING Sections: 17.68.010 Purpose and applicability. 17.68.020 Permit requirements. 17.68.030 Height limitations — residential development. 17.68.040 Height limitations — commercial, industrial, residential /commercial mixed -use or commercial /industrial mixed -use development. 17.68.050 Retaining walls. 17.68.060 Fencing for residential or nonresidential sports facilities. 17.68.070 Determining height. 17.68.080 Prohibited fencing materials. 17.68.060 Fencing of hazardous areas. 17.68.100 Fences on lots that are vacant, under construction, or being demolished. 17.68.010 Purpose and applicability. The following standards are intended to ensure that all fences, walls, and hedges provide the desired privacy, safety, and quality design. The standards are also intended to ensure that • fences, walls, and landscape screening do not create a public safety hazard or nuisance. Fences, walls, hedges, shrubs or similar materials used for screening shall be consistent with the following requirements. • 17.68.020 Permit requirements. A. Residential zones. A fence permit shall be required to install new or replacement fencing or masonry walls in any residential #rent -yard zone. No permit shall be required for the planting of landscape screening. B. Nonresidential zones. An administrative site plan review shall be required to install new or replacement fencing or masonry walls on nonresidential property. No permit shall be required for the planting of landscape screening. 17.68.030 Height limitations - residential development. A. Fences and Walls. 1. In the R -1, R -2, and R -3 zones no fence or wall located in a rear or side yard shall exceed a height of six (6) feet. 2. In the R -1, R -2, and R -3 zones no fence or wall located in the required front yard shall exceed a height of four (4) feet. 3. On a reversed corner lot, no fence or wall or located within five (5) feet of the street side or within ten (10) feet of the rear line between the street and the established setback line on the key lot to the rear, shall exceed a height of four (4) feet. TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 1 • 4. Walls and fences shall be kept in good condition and properly maintained. B. Landscape Screening. Landscape screening in residential rear or side yards shall not be subject to a height limit, except for landscape screening on reversed corner lots. On a reversed corner lot, no hedge or other landscape screening material located within five (5) feet of the street side or within ten (10) feet of the rear line between the street and the established setback line on the key lot to the rear, shall exceed a height of four (4) feet. 2. Landscape screening located within the required front yard shall not exceed a height of four(4)feet. 3. Landscape screening shall not encroach onto a curb or sidewalk or over a lot line. 17.68.040 Height limitation - commercial, industrial, residential /commercial mixed -use and commercial /industrial mixed -use development. A. A six (6) foot high solid masonry wall shall be constructed and maintained along any side or rear lot line adjacent to residentially zoned or used property, school or park. The wall shall be not less than three (3) feet but not more than four (4) feet in height where it is adjacent to a required residential front yard setback. Within the C -1, C -3, C -4, CBD, and CI -MU zones, walls located within ten (10) feet of any public right -of -way shall not exceed a height of three (3) feet. • C. Within the M -1 zone, a solid wall eFfense not less than six (6) feet in height and no more than eight (8) ffteea (15) feet in height shall be erected along the property line separating the M -1 zone from any residential zone or use, school, park or commercial zone. However, the wall or fenee shall not be more than four (4) feet in height where it adjoins a front yard setback of any residential or commercial property. zone. • D. p dppnFativp ihfall or f hall letely 6Green any OLIWOOF ste of materials OF equipmeRt f view from a r IJ'e Street. The all . fence shall of be le than six (6) feet ROF FneFe than !.. .J., (29) feet R height e.! all Nn of Ne als Rd equ ncuupt shall be Masked ^ar leeated bye top of the wall er fenee. Any outdoor area used for storage shall be completely enclosed by a solid, decorative masonry wall and a solid gate not less than six (6) feet in height. The Community Development Director may approve the substitution of a fence or decorative wall where such fence or wall provides adequate visual clearance, is structurally adequate, and is equivalent in decorative appearance. In no event shall the height of such storage exceed the height of the wall or fence enclosing the storage area. E. Walls shall have a decorative color and texture consistent with the architectural style and materials of the commercial or industrial development. Architectural and other treatment of the wall is required. 1. Where new walls are erected in locations visible from a public right -of -way, the use of full dimension caps, pilasters, and changes in wall surfaces (staggering) shall be applied. TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 2 • 2. In locations where walls might invite vandalism or graffiti, landscaping should be provided along the walls. F. Walls and fences shall be kept in good condition and properly maintained. G. Landscape screening shall not encroach onto a curb or sidewalk or over a lot line. 17.68.050 Retaining walls. A. Where there is a necessary retaining wall for a lot that is above a sidewalk or at the top of a curb grade, additional wall height up to three (3) feet may be allowed, subject to a Site Plan and Design Review approval. The maximum height for a combination retaining wall and fence shall be seven (7) feet. B. The non - retaining portion of the fence or wall combination cannot exceed four (4) feet. C. The retaining portion of the fence or wall combination cannot exceed four (4) feet. D. Extensions above four (4) feet, as measured from the sidewalk, or top of the curb, shall be constructed of wrought iron or other non - obscuring materials determined to be acceptable, subject to the Site Plan and Design Review application. 17.68.060 Fencing for residential or nonresidential sports facilities. To enclose tennis courts or similar sports areas located within the rear lot, fences over six (6) feet in height shall be permitted, provided that any portion of the fence or structure which is • higher than six (6) feet shall be composed of wire mesh or other material whose vertical service is not more than ten (10) percent solid, unless safety necessitates otherwise. Such additional wire mesh or similar material shall be subject to site plan approval. 17.68.070 Determining height. A. General. The height of fences, walls, and hedges shall be measured as the vertical distance from the ground elevation or finished grade of the property on which the fence or wall is erected to the highest point of the fence or wall. To allow for variation in topography on a parcel, the height of a fence or wall may vary intermittently up to six (6) inches. B. Difference in grade height between two parcels. Where there is a difference in the ground elevation or finished grade between two (2) adjoining parcels of less than two (2) feet, the height of any fence or wall constructed along the common property line shall be determined by using the finished grade of the highest adjoining parcel. When there is a difference in ground level between two (2) adjoining parcels of two (2) feet or more, the height of the fence shall be determined by the Community Development Director. The Community Development Director shall consider the physical and visual height impact on abutting parcels. 17.68.080 Prohibited fencing materials. A. Residential zones. The following fencing materials shall be prohibited in all residential zones: barbed or razor wire, electrified wire, chicken wire and similar small -gauge wire or mess product, chain -link fencing, or other materials hazardous to wildlife. • 1. Exceptions. Chain -link fencing shall be a permitted fencing material for: TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 3 • a. The screening of vacant land in accordance with Section 17.68.100; b. The temporary screening of lots under construction or being demolished in accordance with Section 17.68.100; and B. Commercial, industrial, residential /commercial mixed -use zones, commercial /industrial mixed use. The following fencing materials are prohibited in all commercial, industrial, residential /commercial, and commercial /industrial zones: barbed or razor wire, electrified wire, chicken wire and similar small gauge wire or mesh product, plastic, and chain -link fencing, or other materials hazardous to wildlife. 1. Exceptions. Chain -link fencing shall be a permitted fencing material for: a. The screening of vacant land in accordance with Section 17.68.100; b. The temporary screening of lots under construction or being demolished in accordance with Section 17.68.100; and c. To enclose an area where a solid wall or fence would create a physical hazard (i.e. the containment of mechanical equipment under an electrical transmission right -of -way). The use of chain -link fencing in this circumstance is subject to the review and approval of the Community Development Director. 17.68.090 Fencing of hazardous areas. • A fence or wall six (6) feet or greater in height may be required along the perimeter of all areas which, by reasons of conditions of the property or physical hazards, such as frequent flooding, erosion, excavation, or grade separation, are considered by the Community Development Director to be dangerous to the public health and safety. E 17.68.100 Fences on lots that are vacant, under construction, or being demolished. A. For the purposes of this subsection, "vacant property" means property which has no structures or buildings or property that has buildings or structures which are unoccupied. "Under construction" and "demolish" shall be defined pursuant to the Los Angeles County Building Code as adopted by the City. "Unoccupied" means any building or structure which is not secured, locked or closed, or is not constantly being used for its intended purpose, or is accessible to juveniles, transients or loitering, or is by virtue of its unattended status a potential health, fire or safety hazard. B. All property that is vacant, under construction, or being demolished shall be totally enclosed around the perimeter by a fence that is a minimum of six (6) feet in height as measured from adjacent property, subject to the approval of the Community Development Director or other designated officials. C. The required fence shall be adequately constructed from chain link, lumber, masonry or other approved materials. The fence shall be entirely self- supporting and shall not encroach or utilize structures or fencing on any adjacent property without prior written approval of the adjacent property owner. TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 4 • D. The fence shall be installed prior to the initiation of any construction or demolition and shall be continuously maintained in good condition. E. Signs stating "PRIVATE PROPERTY, NO TRESPASSING" shall be posted on the fence. F. The provisions of this section shall not apply to a fence or wall as required by any law or regulation of the state of California or any agency thereof. 17.68.110 Requirement for construction of a six -foot high masonry wall. The City Council finds that there are areas within the City where commercial zones abut residential zones and the construction of a block wall is necessary to protect such residential areas. Any owner, lessee, occupant or agent constructing or causing the construction of any building, building addition, accessory building, or repairs estimated by the Building Department to have a value of ten thousand dollars ($10,000.00) or more upon any commercially used and zoned lot adjacent to property zoned and used for residential purposes shall construct a six -foot high masonry wall along the property line where the commercially zoned lot has a common or rear lot line with a residentially zoned property. Any person desiring to obtain a modification from the provisions of this section may file with the Planning Commission a written application therefore, citing the reasons for such request. The Planning Commission shall give the appl oaten applicant for such modification an opportunity to be heard if he or she so desires, and thereafter may grant or deny the application for the • modification, or may grant the same upon such conditions as the Planning Commission deems necessary for the preservation of the safety, health or property of the general public. u Any interested person may appeal the decision of the Planning Commission to the City Council by filing an appeal pursuant to Chapter 17.160 (Appeals) of this code. TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 5 • Chapter 17.72 NONCONFORMING USES, STRUCTURES, LOTS AND PARKING FACILITIES Sections: 17.72.010 Purpose. 17.72.020 Limitations on other uses. 17.72.030 Nonconforming uses. 17.72.040 Nonconforming structures. 17.72.050 Nonconforming due to parking. 17.72.060 Parking structures and residential garages. 17.72.070 Nonconforming lots. 17.72.080 Reconstruction of damaged nonconforming buildings. 17.72.090 Exceptions. 17.72.100 Loss of legal nonconforming status. 17.72.010 Purpose. A. The provisions of this Section establish regulations for legal nonconforming land uses and structures. These are land uses and structures within the City that were lawfully established or constructed before the adoption or amendment of this Title, but which would be prohibited, regulated or restricted differently under the current terms of this title or future amendments thereto. Excepted from these regulations are nonconforming signs, billboards and advertising devices, which are subject to the provisions of Chapter 17.116.060 of this Title. B. It is the intent of this Section to encourage the continuing improvement of the City by limiting the extent to which nonconforming structures and uses may continue to be used, expanded, or replaced, while allowing for improvements to their appearance. 17.72.020 Limitations on other uses and structures. Except as hereinafter expressly provided, as long as a nonconforming use, building, or structure exists upon any lot, no new use, building, or structure may be established or constructed thereon. 17.72.030 Nonconforming uses. A. Continuation of use. Any nonconforming use may be maintained and continued provided that there is no increase or enlargement of the area, space or volume occupied by or devoted to the nonconforming use. Alterations that do not increase or enlarge a nonconforming use or increase environmental impacts (such as traffic, noise, drainage, light and glare, etc.) may be approved. B. Abandonment or discontinuance of use. A nonconforming use which has been abandoned or has been discontinued for a period of one (1) year shall not be reestablished and any subsequent reuse or any new use established shall conform to the current provisions of this Title. C. Change of use. A nonconforming use that is changed to, or replaced by a conforming use shall not be reestablished. • TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 6 • D. Existing variances and conditional use permits in effect. No use, building, or structure shall be defined as nonconforming for the purpose hereof, where it was previously authorized by a zone variance or conditional use permit, so long as the use, building, or structure conforms with the terms and conditions of the variance or conditional use permit. The variance or conditional use permit must be validly issued and remain unrevoked and unexpired. 17.72.040 Nonconforming structures. A. Alterations or additions. The alteration, enlargement, expansion, extension or reconstruction of a nonconforming structure that is occupied by a conforming use shall be subject to the following: Applicability. This section shall apply to a structure that was established legally which has become nonconforming due to setbacks, floor area, height, or other similar development standards for structures. 2. Enlargement. A structure that is legal nonconforming due to setbacks, height, or other similar development standard, but not including floor area, may be enlarged or extended provided that the enlargement shall not increase the degree on non - conformity nor shall it extend into any conforming setback area. Such enlargement shall be permitted pursuant to the standards set forth in Chapter 17.142. 3. Interior alterations. Changes to interior partitions or other non - structural improvements may be made within structure that is legal nonconforming. • B. Repairs and maintenance. Ordinary repairs and maintenance work may be made to legal nonconforming structures, subject to the following provisions: • Ordinary repairs and the repair or replacement of nonbearing walls, fixtures, wiring, and plumbing may be made to an extent not exceeding the latest assessed valuation of the structure. 2. Maintenance work shall not include structural alterations, except those required by the Building Official or by any officer of the City charged with protecting the public safety, in order to correct an unsafe condition. 17.72.050 Nonconforming due to parking. A. Land use changes in nonresidential zones. A use that is nonconforming due to the lack of compliance with off - street parking standards may undergo changes in use subject to the provisions listed below. The use of a structure, which is only nonconforming due to lack of compliance with off - street parking requirements, may be changed to another use as long as the new use is permitted in the zoning district and does not require any more parking than the current use within the structure. 2. The use of a structure, which is nonconforming due to lack of compliance with off - street parking requirements, may be changed to another use which requires more parking than TITLE 17 -ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 7 • the current use within the structure if it can be demonstrated through the application and compliance with alternative parking provisions, as set forth in Chapter 17.112 (Off- Street Parking and Loading). B. Residential single - family dwellings. An addition that does not exceed one hundred twenty (120) square feet shall be permitted to any single - family detached dwelling which is nonconforming K Sleet paFk'.... .ee '. eRtS provided the following facts are found by the Community Development Director: The proposed addition does not exceed one hundred twenty (120) square feet and no other building permits for additions have been issued for the subject dwelling, 2. There has been no conversion of required automobile parking spaces to any other use on the subject property, and 3. The proposed addition does not, by virtue of its placement on the subject property, preclude future construction of an enclosed garage per the City's Zoning Code. 17.72.060 Parking structures and residential garages. A use that is nonconforming due to the lack of compliance with off - street parking standards for a parking lot, parking structure, or residential garages (such as turning radius, size, landscaping, etc.) may be used to serve a new use that does not require more parking than the original use, provided that any unsafe conditions determined to exist by the Community Development Director, or Building and Safety Official, or City Engineer shall be made to conform to current • City standards. • 17.72.070 Nonconforming lots. Nonconforming lots may be developed in conformance with the provisions outlined in Article 2, Chapter 17.08, Section 17.08.050. 17.72.080 Reconstruction of damaged nonconforming buildings. Nonconforming structures damaged or destroyed due to an involuntary catastrophic event (e.g. fire, earthquake, or other calamity) may be reconstructed or replaced provided: A. The new structure shall comply with the development standards (such as setbacks and height standards) in effect when the damaged or destroyed structure was originally constructed; provided however, the new structure shall contain no more dwelling units and /or floor area than the damaged structure. B. All new construction shall comply with the current Building and Fire Code requirements. However, the Building Official may require compliance for areas other than the new construction when deemed necessary. C. A building permit for reconstruction must be obtained no later than one (1) year after the date of destruction, and construction must be pursued diligently to completion. D. If the preceding requirements are not met, the replacement structure shall comply with all current requirements of this Title in effect on the date of application for the required building permit. TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 8 • 17.72.090 Exceptions The purpose of this Section is to preserve residential development rights for properties that were legally developed as residential and have been re -zoned to a non - residential zone. A. Nonconforming Uses and Structures. Properties previously zoned residential with legally established residential uses that have been re -zoned non - residential may continue to be used and developed in compliance with the R -1 development standards including but not limited to, additions and expansions, but not including the construction of additional units. Vacant Properties. Vacant properties shall be developed in compliance with the non- residential development standards. 2. Non - Residential Development. If the property is developed into a non - residential use in conformance with the non - residential zone the property will lose its non - conforming exception status and must from that point forward conform to the existing zone. 17.72.100 Loss of legal nonconforming status. A. The right to continue a nonconforming use shall terminate when it is determined to be a public nuisance by order of the Hearing Officer pursuant to procedures provided in Chapter 8.44 of this code or the order of a court of competent jurisdiction and the nuisance is not abated in the manner and within the time stated in the order of the Hearing Officer or the order of the court. In addition to the specific grounds for finding a nuisance as set forth in Chapter 8.44 of this code, a nonconforming use is a public nuisance if: i1. The use is, or likely to become, injurious or detrimental to health, safety or welfare, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any public park, square, street or highway; or • 2. The use is a business establishment that permits persons to congregate for unreasonably long time periods in parking areas and /or pedestrian walkways resulting in unreasonable noise levels in residential areas between the hours of nine p.m. to seven a.m., or resulting in the persons obstructing or interfering with the free passageway in the parking areas or on said pedestrian walkways, or which becomes a place where an unreasonable number of violations of Title 9 (Public Peace, Morals and Welfare) of this code (such as underage drinking or gambling); or The right to continue the use of a nonconforming structure shall terminate when the structure and /or the parcel on which it is located is determined to be a public nuisance by order of the Hearing Officer made pursuant to Chapter 8.44 of this code, or by judgment or order of a court of competent jurisdiction and the nuisance is not abated in the manner and within the time stated in the order of the Hearing Officer or order of the court. If the abatement of the nuisance required demolition of the structure, the order, judgment or order of the court shall find that there is no other way reasonably to correct the nuisances other than by demolition of the structure. C. Where it cannot be found that demolition of a structure is appropriate, the Hearing Officer shall permit the structure to remain in existence, but may impose one or more conditions to TITLE 17 -ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 9 • bring the structure into conformity with the requirements of this Title so far as is reasonable n addition to any other conditions necessary to abate the public nuisance. TITLE 17 -ZONING ARTICLE 4 -SUPPLEMENTAL STANDARDS 1 10 TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 11 0 TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 12 • Chapter 17.76 OUTDOOR SALES AND GARAGE SALES Sections: 17.76.010 Outdoor display and sales. 17.76.020 Garage sales. 17.76.010 Outdoor display and sales. The intent of this section is to provide standards for outdoor display of merchandise connected to and operated with permanent commercial and manufacturing uses. A. Application procedure. Any business in the C -1, C -3, C -4, CBD, CI -MU, and M -1 zones seeking outdoor display of merchandise shall submit an application to the Community Development Director for an Outdoor Display Permit. The application shall be accompanied by a site plan, photos, and other exhibits as may be required to properly evaluate the request along with an application fee in an amount to be determined by resolution of the City Council. The application shall include the days of the week, hours, and number of weeks per year for which the application is requested. B. The Community Development Director shall approve an application for the outdoor display of merchandise if the application meets the development standards set forth in this section. The Community Development Director may place reasonable conditions on the issuance of the permit to ensure conformance with the City's development standards. In the event a • permit is denied, the Community Development Director shall supply findings in writing to the applicant within thirty (30) days of such denial. C. The Community Development Director shall retain jurisdiction over the permit and may enforce its provisions as required to ensure compliance with this section. D. Outdoor display development standards. Outdoor display incidental to the primary use shall be allowed in the C -1, C -3, C -4, CBD, CI- MU, and M -1 zones. The outdoor display must comply with the development standards of this section, with the exception of auto dealerships, automotive service stations, and plant nurseries. Outdoor displays shall meet the following requirements: 1. A display area shall be on private property and shall not encroach on required parking areas or landscaped areas. 2. The display area shall be directly related to an allowed use occupying a principal structure on the same premises. 3. Displayed merchandise shall not obstruct traffic sight areas; encroach upon landscaped areas, driveways, parking spaces, or pedestrian walkways; or otherwise create hazards for vehicle or pedestrian traffic. 4. The display area shall be limited to twenty five percent (25 %) the length of the building or twenty -five (25) feet, whichever is less. The area shall not extend laterally beyond the store or building frontage or block access to the business or any other adjacent • building /store entrance(s); TITLE 17 -ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 13 • 5. The display area shall not create a safety hazard or block access to disabled persons; 6. Stacked merchandise may not be above a height of four (4) feet. Displays of merchandise that exceed four (4) feet in height, but is not higher than twelve (12) feet in height may be displayed provided that it does not cover or block more than twenty five percent (25 %) of the front of the business selling the merchandise. The display of trees for sale is not subject to any height limitation. 7. The items proposed for display and sale are the same as those sold inside the store or items that would typically be sold at the business and do not consist of unprepared, packaged merchandise. For purposes of this section "Unprepared, Packaged Merchandise" means items that have been sealed, wrapped or packaged in protective materials not designed for profession merchandise displays. S. Additional signs, beyond those normally allowed for the subject use, shall not be provided for the outdoor display and sales area. 9. A display area shall be consistent with the City's General Plan, zoning ordinances, and other regulations; 10. A display area shall not be detrimental to the public health, safety, or welfare; 11. A display area shall not create a public nuisance; and • 12. A display area shall not emit noise, odor, smoke, or other obnoxious substances; E. Outdoor display operational requirements. Once approved, outdoor displays shall meet the following requirements: 1. Support structures such as tables and racks used in conjunction with the outdoor display of merchandise shall be removed at the end of each business day; and 2. Merchandise shall be maintained in a neat and orderly manner at all times. F. Appeals. Any decision made pursuant to this section may be appealed pursuant to Chapter 17.160 (Appeals). G. Revocation. The Community Development Director may revoke the Outdoor Display Permit if the permittee fails to comply with the requirements of this section or any conditions of approval. Prior to revoking the permit, the Community Development Director shall provide the permittee a written notice of non - compliance. The permittee shall have a right to appeal the notice of revocation pursuant to Chapter 17.160 (Appeals). 17.76.020 Garage sales. r ern A property owner or occupant of a residence shall be permitted to conduct a garage sale on an • improved residentially zoned lot provided that: TITLE 17 -ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 114 • A. No more than two (2) garage sales per address shall be conducted in any six -month period. B. Garage sales the aet+v+fy -array shall only be held between the hours of 8:00 a.m. and 8:00 p.m., for a maximum of three (3) consecutive days. Inclement weather may extend the period of time equal to the days lost. C. The merchandise for sale shall consist only of the property owner's or occupant's personal goods. Outside consignments, lot purchases, and the like, for the purpose of resale shall not be permitted. p° c eh goods, waFes and m FGhaA'se °~ °" be the ebselete to his, her OF their use The reSideRt shall not '"^^ 9F alleW items GRt0 the WpeFty to replenish the stoek of goods, waFes or meFehandise. D. The sales area may be conducted on any portion of the ground area of the property outside of the residential dwelling unit or within a garage. No merchandise shall be placed on any public property or right -of -way. PFOpeFty. E. No advertising signs shall be posted more than one (1) week prior to the initial sale date stakes. No signs relating to such sale shall be placed on the premises except one (1) • double -face sign not to exceed six (6) square feet, as measured on one (1) side and only located on the subject property. No signs shall be placed on any public property (i.e., utility pole, traffic sign), right -of -way, or vehicle parked on a public street, alley, or private easement. The conductors of the sale shall remove all signs immediately at the end of the sale. • The resident of the property shall first obtain a ae fee City permit and a copy of such permit shall be displayed at the site of the sale at all times during such sale. Proof of residency is required. Acceptable forms of proof of residency include utility bill, picture ID, rental agreement, and mortgage statement. Cell phone, cable, and credit card bills will not be accepted as a proof of residency, nor will bank statements. G. The provisions of this section shall not apply to churches, public and private schools, or charitable organizations if the sale is conducted on the property of the organization and not in a private residence. If such sale is conducted in or on the premises of a private residence, all of the provisions of this section shall apply. H. Violation of any provision of this section is determined to constitute an infraction, punishable by a fine not exceeding one hundred dollars ($100) for a first violation, a fine not exceeding two hundred dollars ($200) for a second violation of the same section within one (1) year and a fine not exceeding five hundred dollars ($500) for each additional violation of the same section within one (1) year. A fourth violation within one year shall constitute a misdemeanor. TITLE 77 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 15 • Chapter 1 Sections: 17.84.010 17.84.020 17.84.030 17.84.040 17.84.050 17.84.060 17.84.070 17.84.080 17.84.090 17.84.100 17.84.110 17.84.120 17.84.130 17.84.140 '.84 DENSITY BONUS Purpose. Applicability. Available density bonuses. Calculation of density bonus. Density bonus general provisions. Requirements for targeted affordable dwelling units. Additional incentive /concession for projects with affordable units Parking standards. Granting an incentive or concession. Land donation - density bonus. Day care centers - density bonus, incentive or concession. Condominium conversions - density bonus. Density bonus application requirements and process. Density bonus housing agreement. 17.84.010 Purpose. The purpose of this Chapter is to provide incentives for the development of housing for very low income, lower income, moderate income households and senior citizens in the City of • Rosemead and to establish procedures for carrying out the legislative requirements and complying with California Government Code section 65915 et seq. In enacting this Chapter, it is the intent of the City to facilitate the development of affordable housing by positively impacting the economic feasibility of providing lower income housing and implementing the goals, objectives, and policies of the City's Housing Element. If there is a conflict between any provision and State law, State law shall control. Projects requesting density bonuses, concessions, and /or incentives shall be approved by the City Council subject to the provisions of Section 17.84.140 and any other applicable requirements of this Code. 17.84.020 Applicability. This chapter applies only to a housing development containing five (5) or more dwelling units, excluding density bonus units. 17.84.030 Available density bonuses. Pursuant to State law, a density bonus may be selected from only one of the following categories, except as specified in Sections 17.84.100, 17.84.110 and 17.84.120. Available density bonuses for very-low /lower /moderate income and qualifying resident/senior units are summarized in Table 17.84.030.1. A. Basic density bonus for very-low income units. A residential development is eligible for a twenty (20) percent density bonus if the applicant seeks a density bonus and agrees to construct five (5) percent of the total units of the residential development as units affordable to very-low income households. (For each additional one (1) percent increase in units affordable to very-low income households, the density bonus shall be increased by two and one half (2.5) percent, up to a maximum • density bonus of thirty five (35) percent.) TITLE 17 -ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 16 • B. Basic density bonus for lower- income units. A residential development is eligible for a twenty (20) percent density bonus if the applicant seeks a density bonus and agrees to construct ten (10) percent of the total units of the residential development as units affordable to lower- income households. (For each additional one (1) percent increase in units affordable to lower- income households, the density bonus shall be increased by one and one half (1.5) percent, up to a maximum density bonus of thirty five (35) percent.) C. Basic density bonus for moderate - income ownership units. A residential development is eligible for a five (5) percent density bonus if the applicant seeks a density bonus and agrees to construct ten (10) percent of the total units as ownership units affordable to moderate - income households. (For each additional one (1) percent increase in ownership units affordable to moderate - income households, the density bonus shall be increased by one (1) percent, up to a maximum density bonus of thirty five (35) percent.) D. Basic density bonus for qualifying residents /senior housing. A housing development restricted to those identified as a "qualifying resident' under Government Code Section 65915 is eligible for a twenty percent (20) percent density bonus if it includes at least thirty five (35) dwelling units, and the applicant seeks a density bonus. Housing developments for qualifying residents /seniors are not required under State law to be affordable to very-low, lower or moderate - income households. TABLE 17.84.030.1 • DENSITY BONUS SUMMARY FOR VERY- LOWILOWER /MODERATE INCOME & QUALIFYING RESIDENTISENIOR UNITS • TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 17 Minimum Eligible Additional Density' Maximum Target Housing Units Amount of Target Units Density Bonus for Each 1% Increase In 'bensit y Bonus Required Bonus Target Units Allowed Very-Low Income 5% 20% 2.5% 35% Households Lower- Income 10% 20% 1.5% 35% Households Moderate - Income Households 10% 5% 1% 35% (Ownership Units Only) 35 units Qualifying (100% senior, Resident/Senior 20% Not applicable Not applicable Housing no affordable units required) TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 17 • 17.84.040 Calculation of density bonus. A. The density bonus units shall not be included when determining the number of target units required to qualify for a density bonus. When calculating the required number of target units and the allowable number of density bonus units, any calculations resulting in fractional units shall be rounded to the next larger whole number. B. The developer may request a lesser density bonus than the project is entitled to, but no reduction will be allowed in the number of required target units. Regardless of the number of target units, no residential development shall be entitled to a total density bonus of more than thirty five (35) percent. C. Each residential development is entitled to only one (1) density bonus, which may be selected by the applicant based on the percentage of either very-low income target units, lower- income target units, or moderate - income ownership target units, or the project's status as qualifying resident/senior housing. 17.84.050 Density bonus general provisions. A. The clustering of density bonus units throughout the residential development project is permitted. B. A residential development shall not be precluded from providing additional affordable units or affordable units with lower rents or sales prices than required by this chapter; however, maximum density bonus limits shall still apply. C. The granting of a density bonus or incentive /concession, in and of itself, shall not be interpreted to require a General Plan amendment, Zoning Code amendment, Zone Change, or other discretionary approval. L J 17.84.060 Requirements for targeted affordable dwelling units. A. The targeted affordable units shall reflect the range of numbers of bedrooms provided in the residential development project as a whole. B. The target affordable units shall be comparable in the facilities provided (e.g., laundry, recreation, etc.). C. The exterior of targeted affordable units shall be substantially similar to the market rate units. D. The target affordable units may be smaller and have different interior finishes and features than the market rate units. E. Each targeted affordable unit shall be constructed per the requirements of this Title, unless otherwise waived as a concession /incentive. F. On -site targeted affordable units shall be dispersed throughout the residential development. G. Targeted affordable units shall remain as such throughout the term of the density bonus housing agreement, required pursuant to Section 17.84.140 (Density Bonus Housing Agreement). TITLE 17 -ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 18 17.84.070 Additional incentive /concession for projects with affordable units. A. Identification of "Incentive" or "Concession ". Incentives or concessions that may be requested pursuant to this chapter may include the following: 1. A reduction of development standards or a modification of Zoning Code requirements which exceed the minimum building standards provided in Part 2.5 (commencing with Section 18901) of Division 13 of the State Health and Safety Code and which result in identifiable, financially sufficient, and actual cost reductions. The reduction of development standards or modification of Zoning Code requirements may include, but are not limited to, the following: a. Reduction of required minimum lot sizes. b. Reduction of required lot dimensions. c. Reduction in the size of required yards. d. Increase in the allowable maximum lot coverage or reduction in the size of required usable open space. e. Increase in the maximum building height. f. Reduction of the minimum distance requirement between buildings. • 2. Applicants may seek a waiver or modification of development standards that will have the effect of precluding the construction of a residential development at the densities or with the incentives or concessions permitted by this chapter. The applicant shall show that the waiver or modification is necessary to make the housing units economically feasible based upon appropriate financial analysis and documentation. 3. Allowing for mixed -use buildings or developments in conjunction with the residential development, if non - residential land uses will reduce the cost of the residential development, and if the City finds that the proposed non - residential uses are compatible with the residential development and with existing or planned development in the area where the proposed residential development will be located. 4. Deferral of development impact fees (e.g., park fees or traffic impact fees) until occupancy. 5. Other regulatory incentives or concessions proposed by the applicant or the City that result in identifiable, financially sufficient, and actual cost reductions. B. Eligibility for incentives and concessions. If the applicant seeks a density bonus and agrees to construct the specified number of target affordable units, a residential development project shall be eligible for one (1) or more incentives and concessions as follows in Table 17.84.070.1. Incentives or concessions may be selected from only one (1) category (very-low, lower, or moderate income). TITLE 17 -ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 19 n • F TABLE 17.84.070.1 SUMMARY OF MAXIMUM NUMBER OF INCENTIVES /CONCESSIONS BASED ON TARGET AFFORDABLE UNITS PROVIDED Target Units as a Percentage of Total Units in Project Maximum Number of Incentive(s) /Concession(s) Allowed Very-Low Income Units 5% of Total Units in Project 1 10% of Total Units in Project 2 15% of Total Units in Project 3 Lower - Income Units 10% of Total Units in Project 1 20% of Total Units in Project 2 30% of Total Units in Project 3 Moderate - Income Units (Ownership Units Only) 10% of Total Units in Project 1 20% of Total Units in Project 2 30% of Total Units in Project 3 17.84.080 Parking standards. A. Upon request of the applicant, the maximum following parking standards shall apply, inclusive of handicapped and guest parking spaces, to the housing development that meets the standards of Section 17.84.030 (Available density bonuses). 1. One (1) onsite parking space for up to one (1) bedroom; 2. Two (2) onsite parking spaces for up to three (3) bedrooms; 3. Two (2) and one -half (1/2) parking spaces for more than three (3) bedrooms. B. All parking calculations for the development resulting in a fraction shall be rounded up to the next whole number. C. Parking may be provided by tandem parking or uncovered parking, but not by on street parking. D. Applicant may request additional parking incentives or concessions beyond those provided in this section pursuant to Section 17.84.070 (Additional incentive /concession for projects with affordable units). TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 20 • 17.84.090 Granting an incentive or concession. When the requirements of this chapter are satisfied, the requested incentive /concession shall be granted unless the City Council makes the following finding based on evidence in the record: The requested incentive /concession is not required to make the units affordable. 17.84.100 Land donation - density bonus. The following density bonus applies only when land is donated for the construction of very-low income housing. A. Eligible amount of density bonus for land donation. A residential development is eligible for a fifteen (15) percent density bonus if the applicant seeks a density bonus and agrees to donate and transfer ten (10) percent of the land within the project for the development of units affordable to very-low income households. For each additional one (1) percent increase above the minimum ten (10) percent land donation, the density bonus shall be increased by one (1) percent, up to a maximum of thirty five (35) percent. This increase shall be in addition to any increase in density allowed by Section 17.84.030, up to a maximum combined density bonus of thirty five (35) percent if an applicant seeks both the density bonus authorized by this section and the density bonus authorized by Section 17.84.030. These provisions are summarized in Table 17.84.120.1, Density Bonus Summary for Land Donation, Day Care Center and Condominium Conversion. B. Necessary findings. • The City may approve the density bonus described in this section if it makes all of the following findings when approving the residential development: 1. The applicant will donate and transfer the land no later than the date of approval of the final map, parcel map, or applicable development review application for the residential development. 2. The developable acreage and zoning regulations of the applicable zoning district of the land to be transferred will permit construction of units affordable to very-low income households in an amount not less than ten (10) percent of the total number of residential units in the proposed development, or will permit construction of a greater percentage of affordable units if proposed by the developer to qualify for a density bonus of more than fifteen (15) percent. 3. The transferred land is at least one (1) acre in size or is large enough to permit development of at least forty (40) units, has the appropriate General Plan land use designation, has the appropriate zoning and development standards to make feasible the development of very-low income housing, and at the time of project approval is, or at the time of construction will be, served by adequate public facilities and infrastructure. C. Requirements for land donation. 1. No later than the date of approval of the final map, parcel map, or other applicable development review application for the residential development, the transferred land shall have all of the applicable development permits and approvals, other than any required building permit approval, necessary for the development of the very-low income • TITLE 17 -ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 21 . housing units on the transferred land unless the City Council finds that the applicant has provided specific assurances guaranteeing the timely completion of the very-low income units, including satisfactory assurances that construction and permanent financing will be secured for the construction of the units within a reasonable time. 2. The transferred land and the very-low income units constructed on the land shall be subject to a recorded density bonus housing agreement, required pursuant to Section 17.84.140, ensuring continued affordability of the units consistent with the density bonus housing agreement, which restriction on the property shall be filed for recordation by the Community Development Director with the Los Angeles County Recorder's Office at the time of dedication. 3. The land shall be transferred to the City or to a housing developer approved by the City. The City reserves the right to require the applicant to identify a developer for the very- low income units and to require that the land be transferred to that developer. 4. The transferred land is within the site boundaries of the proposed residential development. However, the transferred land may be located within one - quarter mile of the boundary of the proposed residential development provided that the City Council finds, based on substantial evidence, that off -site donation will provide as much or more affordable housing at the same or lower income levels, and of the same or superior quality of design and construction, and will otherwise provide greater public benefit than donating land on -site. 17.84.110 Day care centers - density bonus, incentive or concession. • A. A residential development that includes affordable target units and a day care center that will be located on the premises of, as part of or adjacent to the residential development, is eligible for either of the following, (summarized in Table 17.84.120.1, Density Bonus Summary for Land Donation, Day Care Center and Condominium Conversion), at the option of the City, and if requested by the applicant: • A density bonus in addition to that permitted by Section 17.84.030 that is equal to the square footage of the gross floor area of the day care center; or 2. An additional incentive /concession that contributes significantly to the economic feasibility of the construction of the day care center. B. The City may approve the density bonus or incentive /concession described in this section if it makes all of the following findings and requires as a condition of approval that: TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 22 • 1. The day care center will remain in operation for a period of time equal to or longer than the period of time during which the target units are required to remain affordable pursuant to the density bonus housing agreement. 2. Of all children who attend the day care center, the percentage of children from very-low income households, lower- income households, or moderate - income households shall be equal to or greater than the percentage of dwelling units that are proposed to be affordable to very-low income households, lower- income households, or moderate - income households in the residential development. C. The applicant shall be responsible for all costs of monitoring compliance with these conditions of approval. D. Notwithstanding any other requirement of this chapter, the City shall not be required to provide a density bonus or incentive or concession for a day care center if it finds, based upon substantial evidence, that the community already has adequate day care center facilities. 17.84.120 Condominium conversions - density bonus. A. An applicant shall be eligible for either a density bonus or other incentives or concessions of equivalent financial value in accordance with State law if the applicant for a conversion of existing rental apartments to condominiums agrees to provide fifteen (15 %) percent of the total units in the condominium conversion project as target units affordable to lower- income households, or to provide thirty -three (33 %) percent of the total units in the condominium conversion project as target units affordable to moderate - income households. Table • 17.84.120.1, Density Bonus Summary for Land Donation, Day Care Center and Condominium Conversion, summarizes these requirements. All such target units shall remain affordable for the period specified in the density bonus housing agreement, required pursuant to Section 17.84.140. • B. In condominium conversion projects if the number of affordable target units meets or exceeds the percentages specified in Subsection A, a density bonus of up to twenty -five (25 %) percent of the number of units to be provided within the existing structure or structures proposed for conversion shall be allowed. C. No condominium conversion shall be eligible for a density bonus if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives or concessions were previously provided pursuant to this chapter or Government Code Section 65915. TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 23 • L_J TABLE 17.84.120.1 DENSITY BONUS SUMMARY FOR LAND DONATION, DAY CARE CENTER AND CONDOMINIUM CONVERSION 17.84.130 Density bonus application requirements and process. The request for a density bonus and proposals for incentives or concessions shall be made in writing at the time of filing the housing development application and shall be process in conjunction with the underlying application, and shall be accompanied by a fee in an amount established by resolution of the City Council. The information required to be submitted in the application shall be set forth on a checklist provided by the Community Development Department. The application must contain the following information and the following items: A. Project Description. TITLE 17 -ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 24 Minimum Amount of Eligible Density; Category Land or Bonus Notes Target Units Required 15% (additional 1% density bonus This increase shall be in addition to Land Donation for 10% of the for each 1 % any increase in density allowed by Very-Low Income land for the increase in Section 17.84.030, up to a maximum Housing project donated land, up to combined density bonus of 35 percent a maximum of 35 %) Eligible for either a density bonus or other incentives /concessions of Equal to the square equivalent financial value in Day Care Center footage of the accordance with State law, at the gross floor area of City's option. This shall be in addition the day care center to any increase in density allowed by Section 17.84.030 Condominium 15% of total Eligible for either a density bonus or Conversion -- units 25% other incentives /concessions of Lower - Income t equivalent financial value in Households project accordance with State law Condominium 33% of total Eligible for either a density bonus or Conversion-- units in 25% other incentives /concessions of Moderate - Income p roject equivalent financial value in Households accordance with State law 17.84.130 Density bonus application requirements and process. The request for a density bonus and proposals for incentives or concessions shall be made in writing at the time of filing the housing development application and shall be process in conjunction with the underlying application, and shall be accompanied by a fee in an amount established by resolution of the City Council. The information required to be submitted in the application shall be set forth on a checklist provided by the Community Development Department. The application must contain the following information and the following items: A. Project Description. TITLE 17 -ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 24 • Detailed project description for the highest and best use development on the site given the existing conditions ('base case "). This description should not include any affordable units or assume an increase in density or any development concessions and waivers. It should include, but is not limited to, the following: 1. Unit mix by type of unit, including the size of each unit; 2. Gross building area and net building area; 3. Construction type; 4. Number of parking spaces as well as where the parking is located (subterranean garage, tuck - under, attached garages, above - grade, parking garage, etc.); and 5. Project amenities. 6. Site plan. B. Concessions or incentives statement. A signed letter from the property owner detailing all requested concessions or incentives and how each of the requested items relates to the affordability of the project as well as change the project description under the base case. C. Appraisal and purchase agreement for the site. • D. Proforma. A completed proforma that outlines the financial justification for each specific concession or incentive requested. The application must clearly demonstrate how granting each request will make actual cost reductions in order for the designated units to be affordable. • The proforma shall show the cost comparison of the project without the requested incentives or concessions ('base case') versus the proposed project with density bonus and each requested incentives or concession. A proforma shall be provided for the base case (what can be built on site without any waivers or density bonus); base case + concession 1 (what concession 1 adds to the feasibility of the project); same for concessions 2 and 3, and then submit actual proposal (density bonus + all concessions). The proforma shall include the following: Direct construction costs: The proforma shall break -out the contractor fees, contingency allowance, shell costs, parking garage costs, on -site improvements, off - site improvements, and any extraordinary costs. b. Indirect costs: the proforma shall provide an itemization of architecture, engineering and consulting fees; permits and fees; taxes, legal and accounting fees; insurance costs; marketing costs; developer fee; and contingency allowance. c. Financing costs: The proforma shall provide details on the financing assumptions for the project (interest rate, construction and absorption periods, loan size, and loan fees). Also include any sales costs such as commissions, warranties, and closing costs. TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 25 • d. The proforma shall list sales revenues by product type and income restriction category, and provide a market study to support the estimated sales prices. e. The proforma shall include a calculation of the total developer profit. E. Statement of findings for incentives /concessions. The application shall describe how the following finding is met in order to grant the requested waivers. 1. The requested incentive /concession is required to make the units affordable. F. Childcare facility permit: Concession /Incentive statement: A signed letter from the property owner detailing the requested concessions /incentives which contributes to the economic feasibility to construct the childcare facility. 2. Proforma: Included with the above proforma, the cost comparison of the project without the requested incentives/ concessions ( "base case ") versus the proposed project with the childcare facility and the additional incentives /concession shall be shown. 17.84.140 Density bonus housing agreement. A. Before a density bonus granted by the City Council is effective, the developer must execute a density bonus housing agreement with the City. The density bonus housing agreement must include and identify the following: • 1. Type, size, and location of each target unit. • 2. The term of the agreement. 3. The terms of the construction of the target units. 4. Means of availability of the target units. B. The agreement must be reviewed and approved by the Community Development Director prior to City Council approval. The City Council shall direct execution and recordation of the agreement. C. The terms of the agreement as specified may be lengthened as required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. However, lower income and qualifying residential units shall be maintained as affordable for a minimum of thirty (30) years, and moderate income units shall be maintained as affordable for ten (10) years. TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 26 • Chapter 17.88 LIGHTING Sections: 17.88.010 Applicability. 17.88.020 Lighting Standards. 17.88.010 Applicability. The lighting provisions contained in this chapter shall apply to all multi - family residential, commercial, industrial, residential /commercial mixed -use or commercial /industrial mixed -use development. 17.88.020 Lighting Standards. A. A photometric survey (lighting plan) may be required at the discretion of the Community Development Director for new lighting proposed in multi - family, commercial, industrial, institutional, and mixed -use developments. B. 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. C. 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. D. 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. • E. Lighting shall be integrated with landscaping wherever possible. TITLE 17 -ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 27 . Chapter 17.92 PUBLIC ART Sections: 17.92.010 Applicability. 17.92.020 Definitions. 17.92.030 Objects not considered public art. 17.92.040 Approval of art plan. 17.92.050 Additional requirements for public art for on -site installation. 17.92.060 Declaration of covenants, conditions and restrictions. 17.92.010 Applicability. Freely accessible on -site public art work shall be integrated into development projects located within the C -4 zone. 17.92.020 Definitions. The following words or phrases shall have the following meanings when used in this chapter: "Art" or "Art Work." Art, including, but not limited to, sculpture, painting, graphic arts, mosaics, photography, crafts, and environmental works. Art or art work as defined herein may be permanent, fixed, may be an integral part of a building, facility, or structure, and may be integrated with the work of other design professionals. "Artist." An individual generally recognized by critics and peers as a professional practitioner of • the visual, performing, or literary arts, as judged by the quality of that professional practitioner's body of work, educational background, experience, public performances, past public commissions, sale of works, exhibition record, publications, and production of art work. The members of the architectural, engineering, design, or landscaping firms retained for the design and construction of a development project covered by this section shall not be considered artists for the purposes of this section. This definition applies only to the requirements of the section. "Freely Accessible." The art work is accessible to and available for use by the general public during normal hours of business operation consistent with the operation and use of the premises. "Public Art or Art Work." On -site art work produced by an artist, as defined herein, or team of artists, that is freely accessible on private property. 17.92.030 Objects not considered public art. The following are not considered public art for the purposes of this chapter: A. Directional elements such as super graphics, signage, or color coding except where these elements are integral parts of the original work of art or executed by artists in unique or limited editions; B. Objects which are mass - produced of standard design such as banners, signs, playground equipment, benches, statuary, street barriers, sidewalk barriers, or fountains; C. Reproduction, by mechanical or other means, of original works of art; • TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 28 • D. Decorative, architectural, or functional elements which are designed by the building architect or landscape architect as opposed to an artist commissioned for this purpose; E. Landscape architecture, gardening, or materials, except where these elements are designed by the artist and are an integral part of the work of art by the artist; or F. Landscaping required by the Rosemead Municipal Code as part of the development entitlements. 17. 92.040 Approval of art plan. A. Art plan documentation shall be submitted for approval by the City Council for each development. The City Council shall review the submitted documentation, together with the recommendation of the Community Development Director, and approve, approve with conditions, or deny the proposed art work. C. Criteria for approval shall include location, considering the qualifications of the artist, the aesthetic quality and harmony of the art work with the proposed development project, and the proposed location of and public accessibility to the art work. 17.92.050 Additional requirements for public art for on -site installation. A. Plaque. The public art shall be identified by a plaque that meets the standards in use by the • City at the time of installation of the public art. The requirement of this paragraph may be waived if determined in a particular circumstance to be inconsistent with the intent of this section. B. Ownership and maintenance of art work. All on -site public art work shall remain the property of the property owner and his /her successor(s) in interest. The obligation to provide all maintenance necessary to preserve the art work in good condition shall remain with the property owner of the site. The developer, and subsequently the property owner, shall maintain, or cause to be maintained, in good condition the public art continuously after its installation and shall perform necessary repairs and maintenance to the satisfaction of the City. The maintenance obligations of the property owner shall be contained in a covenant and recorded against the property and shall run with the property. 2. Failure to maintain the art work, as provided herein, is hereby declared to be a public nuisance. In addition to all other remedies provided by law, in the event the owner fails to maintain the art work, upon reasonable notice, the City may perform all necessary repairs, maintenance or secure insurance, and the costs thereof shall become a lien against the real property. The City also may pursue additional remedies to obtain compliance with the provisions of this requirement, as appropriate. C. Location and relocation of on -site public art. 1. When and if the development project is sold at any time in the future, the public art must remain at the development at which it was created and may not be claimed as the • TITLE 17 -ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 29 • property of the seller or removed from the development or its location approved by the City Council. 2. In the event that a property is to be demolished, the owner must relocate the public art to another publicly accessible, permanent location that is approved in advance by the City Council. 3. A property owner may, for good cause, petition the City Council to replace or relocate the public art to another publicly accessible location on the development project site. City approval, the certificate of occupancy may be revoked. a. Any removal, relocation, or replacement of the public art must be consistent with the California Preservation of Works of Art Act and the Federal Visual Artists' Rights Act and any other applicable law. b. If any approved art work placed on private property pursuant to this chapter is removed without City approval, the certificate of occupancy may be revoked. 17.92.060 Declaration of covenants, conditions and restrictions. The project shall have recorded against it a declaration of covenants, conditions, and restrictions in favor of the City and in a form approved by the City Attorney which shall include the following provisions as appropriate: A. The developer shall provide all necessary maintenance of the art work, including preservation of the art work in good condition to the reasonable satisfaction of the City and protection of the art work against destruction, distortion, mutilation, or other modification. B. Any other reasonable terms necessary to implement the provisions of this chapter. TITLE 17 -ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 30 0 Chapter 17.96 GREEN BUILDING Sections: 17.96.010 Applicability. 17.96.020 Encouraged green building practices. 17.96.010 Applicability. The City of Rosemead requires specific building practices for all new construction and substantial remodels. The applicable systems are those in effect at the time a complete application for the project is submitted to the Building and Safety Division. The City's Green Building Standards Code is set forth in Title 15, Chapter 15.20 (Green Building Standards Code). 17.96.020 Encouraged green building practices. The use of green building practices beyond what is required in Title 15 is encouraged in any new construction within the City of Rosemead. 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. • C. Developments that employ passive heating and cooling design programs 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 roofing and exterior walls, window shading, and landscaping that provides shading during appropriate seasons. D. The use of trees to shade buildings, roofs and paved surfaces such as streets and parking lots in order to minimize the "heat island" effect and reduce the amount of air conditioning needed. Developments that implement U.S. EPA Certified WaterSense labeled or equivalent faucets and high- efficiency toilets (HETs), and implement water conserving shower heads in residential uses to the maximum extent feasible. F. Developments that provide Energy -Star rated appliances in residential units. G. The City of Rosemead formally recognizes two types of green building projects: (1) non- residential projects, and (2) residential projects. 1. The non - residential component is based on the U.S. Green Building Council Leadership in Energy and Environmental Design (LEED) standard, which awards points based on building performance. Design professionals using specialized knowledge and forms typically do the calculations of performance for LEED. Thus the LEED system is most often used for larger projects in the non - residential (commercial) sector, where • specialized professionals will be involved already. TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 31 • 2. The residential component is based on either the LEED standard for homes or NAHB National Green building Standards. • • Compliance is determined through use of the checklists from each of the programs. The checklists set out the number of points earned for each one of the measures on the checklist. The applicant commits to the items that will be included in the project at the time of building permit application and the total number of points for these items determines compliance. Developers are encouraged to implement items for which points will be awarded. TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 32 0 Chapter 17.104 OAK TREE PRESERVATION Sections: 17.104.010 Purpose and intent. 17.104.020 Scope. 17.104.030 Definitions. 17.104.040 Permit— Required. 17.104.050 Permit — Applications. 17.104.060 Permit — Approval or denial. 17.104.070 Permit approval— Conditions. 17.104.080 Permit expiration. 17.104.090 Exemptions from permit requirements. 17.104.100 Permit fees. 17.104.110 Standards for granting permits. 17.104.120 Tree preservation plan. 17.104.130 Appeals. 17.104.140 Violations — Penalties. 17.104.010 Purpose and intent. This Chapter is established to recognize oak trees as significant historical, aesthetic and ecological resources and to create favorable conditions for the preservation and propagation of this unique irreplaceable plant heritage for the benefit of the current and future residents of the City. It is the intent of this Chapter to maintain and enhance the public health, safety and welfare through the mitigation of soil erosion and air pollution. It is also the intent of this Chapter to preserve and enhance property values through conserving and enhancing the distinctive and unique aesthetic character of many areas of the City in which oak trees live. (Prior code § 9130) 17.104.020 Scope. The provisions of this Chapter shall apply to all oak trees on all public property and to private property which is vacant, undeveloped, or in the process of modification. (Prior code § 9130.1) 17.104.030 - Definitions. For the purpose of this Chapter, unless otherwise apparent from the context, certain words and phrases used in this Chapter are defined as follows: " Arborist" means a person who is a California Certified Arborist; a person accredited by the International Society of Arboriculture in California. "Cutting" shall mean the detaching or separating, either partial or whole, from a protected tree, any part of the tree, including but not limited to, any limb branch, root, or leaves. Cutting shall include pruning and trimming. "Damage" shall mean any action undertaken which causes or tends to cause injury, death, or disfigurement to a tree. This includes, but is not limited to, cutting, poisoning, burning, • overwatering, relocating or transplanting a protected tree, changing or compacting the natural TITLE 17 -ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 33 • grade within the protected zone of a protected tree, changing groundwater levels or drainage patterns, or trenching, excavating or paving within the protected zone of an oak tree. "Deadwood" shall mean limbs or branches that contain no green leaves or live tissue. A tree or limb may be considered dead if it does not show evidence of any green leaves or live branches over the span of one year, inclusive of prime growing weather. "Director," in a matter involving private property, means the Plaaniag Community Development Director and "director," in a matter involving public property or property to be dedicated for public use, means the Director of Public Works. City Ree and" tee Teeter," '^ry ^ "Dripline" shall mean the outermost edge of the tree's canopy. When depicted on a map or on the ground, the dripline will appear as an irregularly shaped outline that follows the contour of the furthest extension of the limbs and leaf canopy. ^ seFies of POWs fOFFRe•d by the Ve..;^nl dFlPP Rg ef water from the eutward branches and leaves of a tree. "Modification, process of means the change in any land that has or had improvements, buildings and the like for another or expanded use. For the purposes of this subsection, minor maintenance and repair of existing structures and accessory buildings would be exempt from the provisions. "Oak tree" meaRs aRy f.e_ of the n - -- geRus L0aI0 4h_.4., -.-.. anal -"- half (37.5) innhps _ G'FE;YmfeFenGe; (twelve (12) inGhes iR diameter) as measured feuF and E)Re half feet above the 4 h of a ..h 4.nn ..•ih .. mfe Fenee of a .. 4 a 4. nln of at Ie ^^1 ease , l •feet above the 1 Oak tFee s6l net 4n 1.n held f0F ale aRY apply n •° n linense, .d business. shall mean any oak tree of the genus Quercus, including, but not limited to, Valley Oak (Quercus lobata), California Live Oak (Quercus Agrifolia), Canyon Oak (Quercus chrysolepis), Interior Live Oak (Quercus wislizenii), and Scrub Oak (Quercus dumosa), thirty -seven and one -half (37.5) inches in circumference; (twelve (12) inches in diameter) as measured four and one -half (4 '/3) feet above the root crown. In the case of properties located in the R -1 (Single - Family Residential) and R -2 (Light Multiple Residential) zone, Scrub Oak (Quercus dumosa) shall be excluded from this list. L J "Preservation" means the acts of keeping or saving a tree from harm or destruction by proper maintenance, pruning, treatment and other means of safeguarding trees. "Private property" means land owned by individuals, partnerships, corporations, firms, churches, fraternities and the like to which land access by the public is generally restricted. "Pruning" and /or "trimming" means the cutting of any limb or branch. "Public property" means land owned by a public or governmental entity and generally accessible to the public. "Root crown" means that portion of a tree trunk from which roots extend laterally into the ground. TITLE 17 - ZONING ARTICLE 4 — SUPPLEMENTAL STANDARDS 1 34 • "Routine maintenance' shall mean actions taken for the continued health of an oak tree such as insect control spraying, limited watering, fertilization, deadwooding and ground aeration. For the purposes of this development code, routine maintenance shall include pruning pursuant to the requirements of Section 17.104.090(G). "Undeveloped property" means land which is in its natural, original or pristine state "Vacant property" means land on which no buildings or improvements have been erected but which may have been graded for drainage or other purposes. 17.104.040 Permit required. Any person desiring to remove, cut down, destroy, relocate, prune and /or trim, or otherwise undertake activities which could inflict damage to an oak tree, as defined in Section 17.104.030, shall first obtain a tree permit from the City. The pruning and /or trimming of limbs or branches less than twenty -eight (28) inches in circumference (nine (9) inches in diameter) shall be exempt from the requirements of this section. Other exemptions are listed in Section 17.104.090 of this Chapter. 17.104.050 Permit applications. Prior to the granting of a tree permit, an application for a tree permit shall be submitted to the Director. The basic form, content, instructions, procedures and requirements of the application package deemed necessary and appropriate for the proper enforcement of this Chapter shall be established by the Director. (Prior code § 9130.3(6)) 17.104.060 Permit - Approval or denial. • Upon the review of an application for a tree permit duly filed in accordance with the approved procedures and requirements (and after an on -site inspection by the Director or his or her designated representative), the Director shall grant or deny a tree permit on the basis of the standards set forth in this Chapter. (Prior code § 9130.3(C)) 17.104.070 Permit approval— Conditions. Such conditions as deemed necessary and appropriate to insure the proper enforcement of this Chapter may be made a part of the tree permit. Such conditions may involve, but shall not be limited to, the following: A. The replacement of the oak tree proposed for removal with oak trees of a suitable type, size, number, location and date of planting based upon a ratio of two new trees for every one removed; In cases where conditions preclude the project site from planting the replacement trees, the Director may consider planting replacement trees on public property such as designated open space areas, public parks, etc.; C. A condition requiring an objectively observable maintenance and care program to be initiated to ensure the continued health and care of oak trees on the property. D. a plaR as outlined iR Exh bit a ..µ....L....1 to the eFdinannp rod fied in this Ghapter f r { t' .. 1 e. the I a nel efte . develeemee.t h a e e nee' ee E r nn n c G oc L. L net • m,te9 -« The installation of six (6) feet high chain link fencing five (5) feet beyond the drip TITLE 17 -ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 35 • lines and, four (4) signs, two (2) feet square containing the following language: 'Protected Oak Tree — Warning —This fence shall not be removed or relocated without written authorization from the City of Rosemead Community Development Department," for the purpose of protecting oak trees on the project site during and after development., Sushas, E. Restrictions upon cuts, fills and /or grading within the drip line area; F. The submittal of a tree report prepared by a certified arborist evaluating oak trees as defined in Section 17.104.030. The report shall evaluate and recommend proper mitigation measures including but not limited to, relocation, trimming, reinforcing, bracing and other measures needed to preserve the oak trees. All oak trees identified in the report shall be numerically tagged for identification purposes with a two -inch square metal marker. fPfier eede § 9130.3(D)) 17.104.080 Permit expiration. An approved tree permit which is not used within the time specified in the approval or, if no time is specified, within one year after the granting of such approval, shall become null and void and of no effect, except, where an application requesting an extension is filed prior to such expiration date, the Director may extend such time for a period not to exceed one year. (Prior code § 9130.3(E)) 17.104.090 Exemptions from permit requirements. The provis ons 9f SeGtiORS 17.040 thFaugh 17.100 shall not apply te the fallowk:qy. Notwithstanding the provisions of this code, a permit is not required under the following • circumstances: A. ARY perm loon I. stale the r ,:I OF oi..nn'n G0FAFBi66iGR iR iRstallGeG .,he.e Gh r.ees defined in C 4' 17404.070, Y 'F .+II J YYfe side.ed ' r6IGh al A. For the removal of trees that do not exceed thirty -seven and one -half (37.5) inches in circumference; (twelve (12) inches in diameter) as measured four and one -half (4 '/2) feet above the root crown. B. In cases of emergency, including, but not limited to, thunderstorms, windstorms, floods, earthquakes, fires or other natural disasters or potential safety hazards. Authorized City official, or any member of law enforcement or law enforcement agency, forester, fireman, civil defense official or Code Enforcement Officer in their official capacity may order or allow the removal of part or all of a protected tree if, upon visual inspection, such tree is determined to be in a hazardous or dangerous condition. If possible, prior notice to the Director shall be provided. Subsequent to the emergency action, written notification shall be provided to the Director describing the nature of the emergency and action taken. eaused 1. f the Sh 'fF 6 n art Rt C'.e Department, G ty C..g R ee. RaFkS And Ren.eol'n C. For trees planted, grown and /or held for sale as a part of a licensed nursery business. D. Pruning by a public service or utility necessary to protect or maintain overhead clearance for . existing electric power or communication lines, or public rights -of -way, subject to prior notice TITLE 17 -ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 36 • to the Director in nonemergency situations. All pruning work shall follow proper arboricultural practices as approved by the Director and /or the City's urban forester. E. Pruning of limbs or deadwood provided such live limbs do not exceed twenty -eight (28) inches (nine (9) inches in diameter) at the location of the cut. All pruning work shall follow proper arboricultural practices and shall not be excessive to the extent that the life of the tree is endangered or its aesthetic value is diminished. F. When the property owner has received written permission from the Director for the removal of a maximum of three (3) scrub oaks (Quercus dumosa). G. Routine maintenance as defined herein. 17.104.100 Permit fees. Applications for tree permits shall be accompanied by appropriate fees as established by a resolution of the Council, which fees shall be commensurate with the cost of processing and reviewing applications for permits and administering this Chapter. (Prior code § 9130.3(G)) 17.104.110 Standards for granting permits. The granting of a tree permit pursuant to this Chapter shall be based on the following: A. The condition of the oak tree with respect to disease, danger of falling, and the proximity to existing or proposed structures; • B. The necessity to remove an oak tree in order to construct proposed improvements to prevent economic hardships to the owner of the property. The burden of proof shall be the responsibility of the applicant at the time of the application to remove the tree; C. The topography of the land and the effect of tree removal on erosion, soil retention, and the diversion or increased flow of surface waters; D. The number of oak trees existing in the neighborhood on improved property. Decisions shall be guided by the standards established in the neighborhood and the effect of the heritage tree removal upon property values in the area; and E. Good forestry practices, such as the number of healthy heritage trees which a given parcel of land or area can support. (Prior code § 9130.4) 17.104.120 Tree preservation plan. When an application is filed for a conditional use permit for commercial development, tentative tract map, discretionary site plan and design review, or minor land division concurrently a tree preservation plan shall be submitted showing all trees. The plan shall be drawn to twenty (20) scale or equivalent. A tentative map or land surveyors map may be used as a substitute for a tree preservation plan provided the following information listed in subsections A through I of this section is included on the map. All tree preservation plans shall include the following information: A. Location of all trees; • B. Proposed property lines; TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 37 • C. Tree drip lines; • D. Botanical and common names of all trees; E. Contour lines at one -foot intervals showing elevations of the site; F. Existing and proposed elevations caused by grading on the site; G. Location of existing and proposed buildings, paving or other structures; H. The size, type, location and depth of proposed utility trenching or easement; I. Any additional information as required by the Director. The plan shall show details to justify any tree that is to be relocated or removed at the subdivision, grading, or construction stages of development. Failure to submit the plan in acceptable detail, shall be grounds for rejection as an incomplete development application pursuant to Section 65940 of the Government Code. 17.104.130 Appeals. The decision of the Director may be appealed as set forth in Chapter 17.160 (Appeals). The Plann ng Gemmissien shall L...... and aet a any appeal of a dee s on of the n•.eGteF to the shall be ti t te appeal < the City r.._''='l p6i su .,t t,, the PFGVi.6 9RS et fe.th in Sert'nnc 17.124.910 thFO gh 17.124.07-0. 17.104.140 Violations— Penalties. Any violation of the provisions of this Chapter or of any permit granted pursuant to this Chapter shall be a misdemeanor, and any person found guilty of such violation shall be punishable as set forth in Chapter 1.16. TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 38 • Chapter 17.108 FLAG LOTS Sections: 17.108.010 Purpose and intent. 17.108.020 Permitted districts. 17.108.030 Flag lot regulations. 17.108.040 Application and procedural provisions pertaining to flag lot developments. 17.108.010 Purpose and intent. In order to provide the opportunity for single - family residential flag lot development, and to maintain the integrity of existing single - family areas, the following regulations and criteria of evaluating flag lot development are established. HeweveF, iR Re Gass °h^" McFe than th F^^ "` 17.108.020 Permitted districts. Flag lot subdivisions shall only be allowed on property zoned R -1 (Single - Family Residential) and R -2 (Light Multiple Residential). 17.108.030 Flag lot regulations. A. In no case shall more than three (3) flag lots and one non -flag (conventional) be allowed within any subdivision consideration. B. All development standards and definitions contained within this title shall continue to be • applicable and in force unless otherwise specifically addressed within this section. Particular reference is made to Section 17.12.030 pertaining to a minimum 50 -foot street frontage. The applicability of this requirement to non -flag lot (conventional) parcels, which may be part of the land division under consideration, is emphasized for clarity. C. Setbacks 1. Front yard. For the purposes of this section, a "front yard" is defined as that area which extends across the width of the lot, or as otherwise defined within Section 17.04.050 and is immediately adjacent to the flag lot vehicular access leg, which connects to the public street. Such vehicular access leg is exclusive of a front yard setback area, as set out in Figures 17.108 -1 and 17.108 -2 located at the end of this Chapter. 2. Front yard setback. Those front yard setback requirements contained within Section 17.12.030 shall apply; provided, however, that for the purposes of measurement, the following methods shall be applicable, and as set out in Figures 17.108 -1 and Figure 17.108 -2 located at the end of this Chapter. a. When a single (one) flag lot is to be served by a driveway which is solely devoted to the exclusive use of such single flag lot, measurements shall be initiated from the front property line, as defined under subsection C1 of this section. b. When two (2) or more flag lots are to be serviced by a common driveway obtained through fee, easement, or in combination thereof, and when such lots lie partially within such common driveway, no setback measurements shall include any portion • of such common driveway. TITLE 17 -ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1, 39 • c. The Planning Commission may establish a new point of measurement for front yards to establish the most appropriate lot orientation for consistency with neighborhood patterns and to minimize vision of privacy impacts; providing, however, that common driveways or vehicular access easements shall not be counted toward satisfying front yard setback requirements. 3. Side yard. Those side yard setback requirements contained within the underlying zone shall apply; provided, however, that for the purposes of measurement, the following methods shall be applicable as per described circumstances, and as set out in Figures 17.108 -1 and 17.108 -2 located at the end of this Chapter. When a single (one) flag lot is to be served by a driveway which is solely devoted to the exclusive use of such single flag lot, measurements shall be initiated from the side property line. b. When two (2) or more flag lots are to be served by a common driveway obtained through fee, easement, or in combination thereof, and when such lots lie partially within such common driveway, no setback measurements shall include any portion of such common driveway. 4. Rear yard. Those rear yard setback requirements contained within the underlying zone shall apply. D. Lot area. • 1. The minimum gross lot area for the flag lot shall be six thousand (6,000) square feet. For the purposes of this section, gross lot area shall mean the total area within the boundary lines of a lot or parcel, and the following shall also be applicable: • 2. The minimum developable lot area (net area), exclusive of vehicle access leg or common driveway access easements, shall be five thousand (5,000) square feet, and as set out in Figure 17.108 -3 located at the end of this Chapter. E. Lot width. The minimum lot width for a flag lot developable area as described in subsection D of this section shall be fifty (50) feet and shall be determined per the method described under Section 17.04.050, "Lot width," contained within this title. F. Lot width— street frontage. The minimum street frontage for a flag lot development is directly dependent on the number of flag lots. The following requirements shall be applicable as per described circumstances, and as set out in Figure 17.108 -3 located at the end of this Chapter. 1. The minimum street frontage for a single (one) flag lot shall be fifteen (15) feet. 2. The minimum street frontage for two (2) flag lots which are so designed to provide a common vehicular access leg by way of fee, easement or combination thereof, shall be a minimum of three (3) feet of real property street frontage for each flag lot; provided, however, that the total street frontage for the two flag lots shall be a minimum of TITLE 17 -ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 40 • eighteen (18) feet. Such requirement may be achieved by a combined contribution of individual lot street frontage which equals the required access driveway width. 3. The minimum street frontage for three (3) flag lots which are so designed to provide a common vehicular access leg by way of fee, easement or combination thereof, shall be a minimum of three (3) feet of real property street frontage for each flag lot; provided, however, that the total street frontage for the three flag lots shall be a minimum of twenty -six (26) feet. Such requirement may be achieved by a combined contribution of individual lot street frontage which equals the required access driveway. 4. The minimum street frontage width for non -flag lot (conventional) parcels which face a public street, regardless of the number of flag lots in the development, shall be fifty (50) feet as prescribed in Section 17.12.030. 5. The street frontage access width may be increased beyond those requirements contained within this subsection, based on the recommendations or requirements of the City Engineer or Fire Department. 17.108.040 Application and procedural provisions pertaining to flag lot developments. A. The requirements contained within this subsection shall only apply in conjunction with the • consideration of a division of land which contains a flag lot. B. A site plan, drawn to scale, which accurately depicts all proposed structures and required setbacks and vehicle driveways, shall be submitted in conjunction with any application for a division of land which contains a flag lot. The site plan will become a permanent formal record of reference within the city's subdivision files after the approval or denial of such plan. The surrounding areas and land uses shall be shown for a distance of at least three hundred (300) feet. C. The Planning Commission will review the merits of each flag lot proposal in relationship to the immediate property and the surrounding area. D. Vehicle access easements for reciprocal use or otherwise shall be shown on the tentative maps, together with a statement identifying which lots are subservient and which lots are to benefit from such easements. E. Should the Planning Commission choose to approve a subdivision of land, reasonable conditions related to on- and off -site improvements may be required. Such conditions may shall include, but not be limited to, the following: Where three (3) or more lots are created by a subdivision, all utilities shall be placed underground; 2. Correct all building code violations that exist on the remaining structures; 3. Correct all zoning violations; is TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 41 • 4. Parcel maps splits are required to install street improvements; 5. Residential driveway pavement requirements for two (2) lot divisions are two (2) inches of AC over three -inch base material crushed aggregate; all other divisions are four (4) inches of AC over four -inch base material crushed aggregate, or six inches of concrete; 6. New or improved fencing and /or walls ffey shall be required along existing and proposed property lines; 7. Where vehicle access easements are to be used, a covenant shall be prepared by the applicant for review and approval of the City Attorney. The covenant shall assure that private common driveways shall be continually maintained and that cost associated with such maintenance shall be equally shared by all future property owners, whose properties benefit within the division, and shall include the following provisions: a. They shall have the right to cause such repair to be accomplished, and to place liens on the involved properties, if in the estimation of the City Engineer, the subject common driveway has reached a state of disrepair which renders it a hazard, unsightly, or a public nuisance; and that the property owners involved have failed to act within a responsible period, thirty (30) days, after notification. No parking shall be allowed within the private common driveway obtained by easement and signs restricting same shall be posted at conspicuous locations. c. The ability to cite violations of such parking restrictions shall be granted to the city. • F. Public hearing. A public hearing is required to be conducted on all divisions of land. This requirement applies to the creation of flag lots. The public will be notified in the manner prescribed by state and local regulations. G. Necessary findings for approval. The Planning Commission may approve the platting of flag lots where all of the following conditions are found to exist: That the design is justified by topographic conditions or the size and shape of the property prohibits conventional lot division practices; 2. That proposed flag lot division is not so at variance with the existing neighborhood pattern or development as to create detrimental visual or privacy impacts. H. Effective date of order granting or denying the platting of flag lots —Time for Appeal. The resolution of the Planning Commission granting or denying the platting of flag lots shall become effective and final on the fourteenth day following its adoption unless within such period of time, an appeal in writing is filed with the City Clerk by the applicant or any other interested person. Any such appeal shall be accepted by the City Council. The timely filing of an appeal shall stay the effective date of the Planning Commission's resolution pending action by the City Council. TITLE 77 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 42 • n r h ti t. drawings that a„ i.a t ., flag lot Rtom Rd ''''7^^II 11''cc. • • FIGURE 17.108 -1 FLAG LOT DEVELOPMENT LOT DEPTH REQUIREMENTS TITLE 17 -ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 43 I w, z, w z o LOT DEPTH LINE J------- --------------- --- - -- d aj z MID -POINT o °- o r o� J I FRONT LOT LINE ACCESS LEG ACCESS LEG STREET R/W ACCESS LEG I LOT DEPTH LINE FRONT LOT LINE J -- - - - - - -- - MID -POINT I I I r I z - w w, z, o, o ACCESS LEG ' C O I ' \ NOT TO SCALE TITLE 17 -ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 43 O O FIGURE 17.108 -2 FLAG LOT DEVELOPMENT YARD REQUIREMENTS TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 44 REAR YARD r_______________ ' 10 K ' la SIDE YARD I <i STRUCTURE wl / FRONT I REAR STRUCTURE YARD j YARD 9 . 45° L._______ SIDE YARD ACCESS LEG 15' 15' ACCESS LEG STREET RR /W L5'_ ACCESS LEG 15' ACCESS LEG FRONT YARD FRONT YARD r________________________� i¢ <i STRUCTURE i' I< w, w OI 10 < wi STRUCTURE iw N ------------------------ �i iN I I I I REAR YARD I I L--------------- J REAR YARD NOT TO SCALE NOTE: THE PLANNING COMMISSION MAY ESTABLISH THE MOST APPROPRIATE LOT ORIENTATION FOR CONSISTENCY WITH NEIGHBORHOOD PATTERNS AND TO MINIMIZE VISION OR PRIVACY IMPACTS TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 44 O • TWO LOT SUBDIVISION 65' 2 i FLAG LOT 0000 SO. FT. ^ GROSS 5000 SO. FT. NET / LUI N 6000 50. FT. _ NET �l i50' MIN. STREET R/W FIGURE 17.108 -3 FLAG LOT DEVELOPMENT LOT AREA AND WIDTH REQUIREMENTS THREE LOT SUBDIVISION F 8' 3 i LOT SCFT^ OSS SC. fT. . 2 RAG LOT o o_ 6000 SO. FT. GROSS 5000 SO. FT. I NET CONVENTIONAL LOT o N 6000 S0. FT. -- 18' MIN. NET 3' MIN. 3' MIN, I 60' IdIN. C_ - STREET FOUR LOT SUBDIVISION F ' 1 LOT o 0. T .SS O. FT. 3 FLAG LOT o 0 6000 SO. R. - GROSS 5000 SO. FT. NET 1 M- .LOT~. - N 3'tLIN. 6000 SO. FT. NET J' MIN. 31 MEN. 1 X50' MW. STREET NOT TO SCALE _RAF NOTE: GROSS LOT AREA INCLUDES THE ACCESS LEG NET LOT AREA EXCLUDES THE ACCESS LEG AND/OR EASEMENT TITLE 17 -ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 45 �3 2 u t FLAG LOT o a 6000 S0, Fl. GROSS 5000 SO. FT. I NET 1 M- .LOT~. - N 3'tLIN. 6000 SO. FT. NET J' MIN. 31 MEN. 1 X50' MW. STREET NOT TO SCALE _RAF NOTE: GROSS LOT AREA INCLUDES THE ACCESS LEG NET LOT AREA EXCLUDES THE ACCESS LEG AND/OR EASEMENT TITLE 17 -ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 45 • • • Chapter 17.112 OFF- STREET PARKING AND LOADING Sections: 17.112.010 Purpose. 17.112.020 Permit requirements. 17.112.030 Exemptions. 17.112.040 17.112.050 17.112.060 17.112.070 17.112.080 17.112.090 17.112.100 17.112.110 17.112.111 17.112.112 Number of spaces required. Alternative parking provisions. Elimination or reduction of parking spaces prohibited. Use of recreational vehicles and nonresidential. General use provisions for off - street parking spaces. Parking space and drive aisle dimensions. Location of parking facilities. Valet parking. Parking design and Bicycle parking. layout standards. 17.112.113 Loading area requirements. 17.112.010 Purpose. The purpose of this Chapter is to provide off - street parking and loading standards to: A. Provide for the general welfare and convenience of persons within the City by ensuring that sufficient parking facilities are available to meet the needs generated by specific uses and that adequate parking is provided, to the extent feasible; B. Provide accessible, attractive, secure, and well- maintained off - street parking and loading facilities; C. Increase public safety by reducing congestion on public streets and to minimize impacts to public street parking; D. Ensure access and maneuverability for emergency vehicles; and E. Provide loading and delivery facilities in proportion to the needs of allowed uses. 17.112.020 Permit requirements. A. New parking lots. New parking lot design shall be reviewed in conjunction with the building permit and any other land use or development permit required for the project. A site plan of the premises shall be required for all new parking. The site plan shall include sufficient detail to determine compliance with the provisions of this Chapter. The site plan shall be approved, modified, and /or denied through the normal process of approving, modifying, and /or denying the permit causing the submission of the plan. B. Modification of existing lots. Modification or improvement to an existing parking lot which impacts parking space layout, configuration, and /or number of stalls shall require the approval of a site plan review and TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 46 • design approval. A site plan review and approval is also required in the event that a parking lot is to be modified for the sole purpose of replacing compact spaces with standard spaces or to provide additional handicapped spaces, or to upgrade or provide additional landscaping. Such modification may include a minor modification to the provisions of this Chapter, including the reduction in the required number of spaces, if deemed necessary by the Community Development Director. 17.112.030 Exemptions. The following parking lot improvements shall be considered minor in nature, provided that the number and /or configuration of parking stalls are not altered. Such improvements shall be exempt from site plan review requirements, except such permits which may be required by the Building and Safety Division. A. Repair of any defects in the surface of the parking area, including holes and cracks. B. Resurfacing, slurry coating, and restriping of a parking area with identical delineation of parking spaces. C. Repair or replacement of damaged planters and curbs in the same location. 17.112.040 Number of spaces required. Off - street parking spaces shall be provided in compliance with Table 17.112.040.1. A. Off - Street parking requirements. Except as otherwise specifically stated, the following rules apply to the required parking. • 1. "Square feet" (or "sf') means the "gross floor area" and refers the total building floor area unless otherwise specified. 2. Where parking spaces are required based on a per - employee ratio, this shall mean the total number of employees on the largest working shift. 3. For the purpose of calculating parking requirements, a den, study, or other similar room that may be used as bedrooms, as determined by the Community Development Director, shall be considered bedrooms. 4. Where the number of seats is listed to determine required parking, seats shall mean to be fixed seats. Where fixed seats provided are either benches or bleachers, each twenty (20) linear inches of the bench or bleacher shall be considered a seat. If fixed seats are not provided, the total amount of seating shall be deemed to be the occupancy limit for the room in which the seating is provided as determined by the Building and Safety Department. B. Minimum parking requirements. Unless off - street parking reductions are allowed pursuant to Section 17.112.050, the number of off - street parking spaces required by Table 17.112.040.1 shall be considered the minimum necessary for each use. In conjunction with discretionary development permits, the approving authority may increase or decrease these parking requirements if it is determined through a parking study as outlined in this Chapter that these requirements are inadequate for a specific project. • TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 47 • C. Requirements for unspecified uses. Parking requirements for structures and uses not set forth in Section 17.112.040 of this Chapter shall be determined by the Community Development Director, and such determinations shall be based on the requirements for the most comparable structure or use specified. • • D. Calculation /Rounding of quantities. When the calculation of the required number of off - street parking spaces results in a fraction of 0.50 or greater, the total number of spaces shall be rounded up to the nearest whole number. If the fraction is equal to or less than 0.49 of a space, the total number of spaces shall be rounded down to the nearest whole number. Mixed -Use without residential /multiple tenants. Except as otherwise provided in this Chapter, for each separate use, a site with multi - tenants, or a combination of principal uses in any one facility, the development shall provide the aggregate number of parking spaces required for each separate use, unless a parking study has been prepared and approved pursuant to this Chapter or except as provided for in Section 17.112.050 (Alternative Parking Provisions). TABLE 17.112.040.1 REQUIRED PARKING OFF - STREET PARKING REQUIREMENTS Residential Uses Required Parking Single - Family and Two - Family Dwellings 4 bedrooms and 2,000 sf or less 2 spaces per dwelling unit in an enclosed garage 5 or more bedrooms and over 2,000 sf 3 spaces per dwelling unit in an enclosed garage Multi - Family Dwelling and Residential Condominiums Dwelling units 2 spaces per dwelling unit Guest Parking 1 space per 2 dwelling units Second Dwelling Units 1 bedroom unit 1 space in an enclosed garage 2 bedroom unit 2 spaces in an enclosed garage Senior housing Independent living 1 space per 2 units Assisted living 1 space per 10 units Mobile Home Parks 2 spaces per mobile home on the same lot TITLE 17 -ZONING ARTICLE 4 — SUPPLEMENTAL STANDARDS 1 48 F9 I•J OFF - STREET PARKING REQUIREMENTS (Continued) Retail Trade Uses Required Parking Appliance and Furniture Store 1 space per every 500 sf Large Warehouse -type Retail Sales and 1" 10,000 sf - 1 space per 300 sf Over 10,000 sf- 1 space per 500 sf Bulk Merchandise Facilities Plus 1 per 1,000 sf of outdoor merchandise areas Retail Sales (single tenant) 1 per 250 A shopping center that has four (4) or less tenants is parked by use. If a shopping center has more than Shopping in Center four (4) tenants, then it is parked at the following ratios: Centers with up to 100,000 of floor area: 1 per 250 sf Centers with over 100,000 of floor area: 1 per 280 sf Vehicle Rental 1 per 250 sf, plus 1 per rental vehicle (not including bicycles and similar vehicles Vehicle Sales, Office only 1 per 250 sf no car storage or inventory storage) Vehicle Sales (New or Used) 1 per 250 sf, plus 1 per display vehicle (not including bicycles and similar vehicles) Visitor Accommodations Required Parking 1 space per guest room plus applicable requirement Hotels and Motels for additional uses, plus 1 space per 3 employees, or as required by a parking study Business, Financial, and Professional Required Parking Financial Institutions and Related Services 1 per 250 sf Offices - Business or Corporate 1 per 250 sf Offices - Medical 1 per 250 sf Eating and Drinking Establishments Required Parking Bars, Lounges, Nightclubs, and Taverns 1 per 100 sf Catering 1 per 400 sf Fast Food (drive -thru, take -out, coffee /tea 1 per 100 sf shops) Restaurant under 2,000 sf of floor area 1 per 100 sf Restaurant more than 2,000 sf of floor area 20 spaces for the first 2,000 sf, plus 1 space per 200 sf thereafter When outdoor seating area exceeds 50% of the gross Outdoor Dining and Seating (Including interior floor area, 1 parking space for each 200 square Patios and Accessory Areas open to the feet of floor area exceeding the 50% interior floor area public) shall be provided. Otherwise, no additional parking shall be required for outdoor dining area(s). i • TITLE 17 -ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 49 • i • OFF - STREET PARKING REQUIREMENTS (Continued) Service Uses — General Required Parking Animal Boarding Kennels 1 per 400 sf Animal Grooming 1 per 400 sf Postal and Mailing Service 1 per 250 sf Studio - Art, Dance, Martial Arts, Music 1 space per 2 students plus 1 space per employee Veterinary Services 1 per 400 sf Vehicle Repair and Services Required Parking Automobile Washing /Detailing 4 spaces plus 1 per employee plus stacked parking equal to 5 times the capacity of the wash facility Automobile Washing (Self- Service) 2 per wash bay (wash bays do not count as spaces) Fuel Station with Repair Facility 1 per 400 sf of building gross floor area, plus 1 per service bay Fuel Station with Convenience Store 1 per 200 sf of building gross floor area Vehicle Repair 1 per 400 sf of building gross floor area, plus 1 per service bay Car Uses Required Parking Adult Day Care — Small (6 or fewer) Spaces required for dwelling unit only Adult Day Care —Large (7 or more) 2 per site for drop -off and pick -up purposes (in addition to the spaces required for the dwelling unit Day Care Facility (Child Care Services or Nursery School ) 1 space per employee plus 1 space for each 10 students; minimum 5 spaces per facility Medical - Related and Social Services Required Parking Ambulance Service (Limited Fleet) 1 per 500 sf plus 1 parking spaces for each company vehicles Emergency /Urgent Care Clinic 1 per 200 sf Hospitals 1 per 2 beds plus 1 per employee Medical and Dental Clinics 1 per 250 sf Outpatient Surgery/Care Facility 1 per 250 sf Residential Care Facility 1 per 6 beds plus 1 for each employee TITLE 17 - ZONING ARTICLE 4— SUPPLEMENTAL STANDARDS 1 50 • • OFF - STREET PARKING REQUIREMENTS (Continued) Assembly and Education Facilities Required Parking 1 space per 5 fixed seats or 1 per 75 sf of floor area Assembly/Meeting Facilities used for assembly not containing seats. (1 space per 20 linear inches of bench seating area shall be considered a fixed seat) Colleges 1 per 3 day -time students plus 1 per employee Elementary and Intermediate (K -8) 2 per classroom plus 1 per 350 sf of office /administrative area Health /Fitness Facility 1 per 200 sf High Schools 6 per classroom 1 per 350 sf of office /administrative area Library 1 per 300 sf 1 space per 5 fixed seats or 1 per 75 sf of floor area Places of Religious Assembly used for assembly not containing seats (1 space per 20 linear inches of bench seating area shall be considered a fixed seat Trade School, Business College, or 1 space per 2 students plus 1 per employee Tutoring Facility Amusement and Recreation Required Parking Bowling Alley 4 spaces per lane Game Arcade, Internet Cafe 1 per 2 computer terminals or 1 per 200 sf, whichever s greater Health /Fitness Facility 1 per 200 sf KTV Studios (Karaoke) 1 space per 100 sf Museum 1 per 300 sf Theaters, movie or live performance 1 per 5 seats for up to 800 seats, plus 1 per 8 seats for seats in excess of 800 seats Industry, Manufacturing, and Warehouse Required Parking 1 per 400 sf of industrial manufacturing use, plus 1 per Manufacturing (Primary Use) 250 sf of office use, plus 1 per vehicle operated in connection with the business 1 per 4,000 sf (10 minimum), plus 1 per 250 sf of office Personal Storage (Mini- Storage or Self- plus 2 covered for caretaker, if appropriate, plus Storage) adequate loading and unloading areas as required by the Community Development Director Research and Development 1 space per 350 sf of gross floor area Warehousing (Exclusively Storage) 1 per 1,000 sf plus 1 per 250 sf for office use Wholesale Establishments 1 per 400 sf of gross floor area TITLE 17 -ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 51 • 17.112.050 Alternative parking provisions. A. Parking requirement determined by parking study. In the event the proposed land use is for a multi- tenant and /or mixed use development or involves a Specific Plan or Planned Development Permit, the Community Development Director may authorize the preparation of a parking study to determine the required number of parking spaces as an alternative to the number of off- street parking as outlined in Table 17.112.040.1 and other applicable provisions of this Chapter, subject to the following conditions: 1. Parking determined by a parking study shall be approved, modified and /or denied by the Commission pursuant to a Conditional Use Permit as authorized and processed under the provisions of this Chapter. 2. The City has the right to select a consultant, which will be paid for by the applicant. 3. The study shall have been undertaken and completed by a traffic engineer registered by the State of California and shall bear the stamp of that engineer. 4. If the required parking is determined by such a parking study, and future building additions, intensifications of use requiring a higher number of parking spaces, or improvements to the parking area which would impact the parking space layout, configuration are proposed, a new parking study pursuant to this Section shall be provided showing that the existing and /or proposed parking is adequate for such expansion and /or increased usage. Alternatively to a revised parking study, at the time of such expansion or increased usage, the applicant may comply with all provisions of • this Chapter in effect at the time of the application. B. Shared /Joint Use and off -site parking. 1. Review authority. The Community Development Director shall be the designated review authority for the review and approval of any proposal shared, joint use, or off -site parking arrangements, unless such parking is included in an application requiring approval of another review authority. 2. Circumstances and requirements for allowing shared parking arrangements. a. Where it can be demonstrated that two (2) or more land uses can effectively share common parking facilities due to the nature of the uses and distinctly different demand for parking, or where off -site parking is proposed to meet parking requirements, then an application may be filed for such a parking arrangement. The application shall include a parking study that identifies the parking demand of all subject land uses and that clearly demonstrates how and why the parking facilities can be shared. b. The applicant shall provide a parking study prepared by a registered traffic engineer that specifically analyzes the parking demand for each use proposing to share the parking, each use's hours of operation, and other related issues of all involved uses. c. The building or use for which an application is being made for authority to share and utilize the existing off - street parking facilities provided by another building or use • shall be located within three hundred (300) feet of the parking facilities. TITLE 17 -ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 52 • 3. Findings for granting shared /joint use and off -site parking arrangements. To grant a request for shared /joint use or off -site parking, the review authority shall make the following findings: 1) There is clear and convincing evidence that peak -hour parking demand from all uses does not coincide and /or the uses are such that the hours of operation are different for the various businesses or uses. 2) There is adequate parking provided for all participating users. 3) Adjacent or nearby properties will not be adversely affected by the shared /joint use or offsite parking. 4) The parking arrangement is consistent with the General Plan and all requirements of this Zoning Code. 4. Legal agreement required. A legal agreement shall be signed by all parties using shared /joint use parking facilities. The agreement shall be approved by the City Attorney and Community Development Director, shall be recorded with the Los Angeles County Recorder, and shall continue to be valid upon change of ownership. 5. Change in use. In the event of a change in use, a new application shall be filed or the existing agreement amended to the satisfaction of the Community Development • Director. 17.112.060 Elimination or reduction of parking spaces prohibited. No existing required off - street parking space shall be eliminated or reduced and no existing garage shall be eliminated, reduced, or converted to any other use unless such space or facility is fully replaced and brought into full compliance with current standards either prior to or concurrently with the deletion, reduction, or conversion of the existing facility or'space. 17.112.070 Use of recreational vehicles and nonresidential trailers. A. Use of Recreational Vehicles Zones permitted. Recreational vehicles, as defined in Article 1, Section 17.04.050 (Definitions), and when not stored within a fully enclosed structure approved for that purpose, are allowed to be parked only in the R -1 and R -2 zones. 2. Conditions applicable to all parked recreational vehicles. a. The parking of recreational vehicles shall be restricted to the side and rear yards of R -1 and R -2 lots. The parked recreational vehicle shall be screened from view from the street and adjoining properties by a fence or wall, which is six (6) feet high. b. Use of Recreational Vehicles. At no time shall any recreational vehicle be utilized for living purposes. However, a temporary non -fee permit may be issued, not to exceed two (2) weeks in any six (6) month period, for use by the owner of the property or their invited guests. • TITLE 17 -ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 53 • c. All recreational vehicles shall be parked on a paved or similar surface acceptable to the Community Development Director. d. All recreational vehicles shall be maintained in a complete, serviceable, and operational condition, and shall be currently licensed for their intended use. e. No recreational vehicle or trailer on which it may be mounted shall overhang any public right -of -way or adjacent private property. B. Use of Nonresidential Trailer. Zones Permitted. Commercial and Industrial Zones. In the C -1, C -3, C-4, CBD, P -D, CI- MU, and M -1 Zones, a Fes 'deRti..I t.^•, ^I tFa lee F , be eFed PFOYided it is not • sill^ fFOFR the street. V at no t'rr• ^h ^II a t. ^I tra Ie be used f.. li d Rg er h, purposes. -A nonresidential trailer, as defined iR sulbseGWR (Q`t' ` of this ° ^ ^t'^^, may be used for a period of not to exceed one (1) year as a temporary office used only by employees of the principal business or use occupying the property not open to the general public. The use of any trailer shall be contingent upon the principal business and trailer meeting off - street parking requirements. All nonresidential trailers shall be architecturally compatible with surrounding buildings and fitted with appropriate skirting, landscaping and other screening devices. 2. Conditions applicable to all nonresidential trailers. • a. A nonresidential trailer shall include any trailer coach designed for human use, occupation or habitation, other than for residential purposes. Any such trailer shall be installed and maintained in accordance with the Uniform Building Code, Fire Code, provided no piping for water is permitted and the appropriate permits are obtained. b. Nonresidential trailers may be used as construction offices on or adjacent to any site on which a building permit has been issued and the project is being diligently pursued. Such trailers shall be removed upon expiration of the permit or completion of the project. 3. Any trailer uses not meeting the above standards, or not otherwise permitted under Chapter 17.124 (Temporary Use Permits and Special Events), may apply for an Administrative Use Permit pursuant to Chapter 17.128 of this code. 17.112.080 General use provisions for off - street parking spaces. A. Living or sleeping in any vehicle is prohibited. B. Any vehicle or trailer which is inoperable and /or without current registration shall not be in plain view of the street and shall be stored entirely within an enclosed structure. No such vehicle or trailer shall be parked or stored in any yard on residential property. i • C. Building and Safety Division Certificates of Use and Occupancy. TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 54 • A Certificate of Use and Occupancy for any structure or premises shall be issued only after all the required parking and loading facilities have been completed in conformance with the provisions of this Chapter. D. Changes in uses. When the use of any structure or premises is changed to a different use having a higher parking requirement, additional parking shall be provided to meet the new requirements prior to the issuance of a new business license. E. Nonconforming parking facilities. Off - street parking and loading facilities made nonconforming by the adoption of this Chapter shall conform to the requirements of Section 17.72.050 and shall not be reduced below the requirements for an equivalent new structure or use. All such facilities shall be continued for as long as the structure or use served is continued or until equivalent facilities are substituted in conformance with the provisions of this section. F. Facilities not required. Any off - street parking or loading facility which is permitted but not required by this section shall comply with all the provisions of this section governing the location, design, improvement, and operation of such facilities. 17.112.090 Parking space and drive aisle dimensions. A. Parking space dimensions. 1. Residential parking space dimensions. • a. Each required parking space in a residential garage shall be not less than ten (10) feet wide, seven (7) feet high, and twenty (20) feet long and shall be in a garage. Not more than one (1) tandem space shall be permitted within residential garages. E b. Required guest parking spaces for multiple dwellings may be uncovered. All uncovered guest parking spaces shall be a minimum dimension of nine (9) feet wide by eighteen (18) feet deep. Where a parking stall is located abutting a wall, column, or similar structure, the stall width shall be increased by two (2) feet. 2. Nonresidential parking space dimensions. Customer parking shall be a minimum dimension of nine (9) feet wide by eighteen (18) feet deep. Parking stalls may overhang landscape planters by two (2) feet. 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 twenty -five (25) percent of the total number of required parking stalls. Each small car parking space shall be eight (8) 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 on a common location subject to the approval of the Community Development Director. TITLE 17 -ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 55 • c. 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 (2) feet. 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. Driveway and drive aisle dimensions and standards. The following drive aisle dimensions and standards shall apply to all projects, unless a different standard is otherwise required for a specific use and /or stated within the underlying Zoning district. 1. Residential drive aisle dimensions. a. Driveways used to serve not more than two (2) dwelling units shall be a minimum of twelve (12) feet wide. b. Except as otherwise provided with respect to the R -3 zone, driveways used to serve more than two (2) dwelling units shall have a width of not less than eighteen (1 S) feet unless there are two (2) driveways of not less than twelve (12) feet in width. c. All driveways shall be clear and unobstructed for a height of thirteen (13) feet above ground. • d. All access shall be from a dedicated street or alley. e. Driveways must lead to an approved off - street parking garage. Where driveways no longer lead to an off - street parking structure or garage, the driveway approach, curb and gutter shall be replaced to the satisfaction of the City Engineer and the paved parking surface shall be replaced with landscaping. However, for properties that have an approved alley access to a garage, additional access from the front yard may be permitted. • 2. Nonresidential drive aisle dimensions. a. Driveways used to serve more than twelve (12) parking spaces or which are more than one hundred twenty -five (125) feet in length, shall have a width of not less than twenty (20) feet unless there are two (2) one -way drive ways of not less than twelve and one half (12' /z) feet. b. All driveways shall be clear and unobstructed for a height of thirteen (13) feet above ground. c. The entire parking area, including the parking spaces and maneuvering lanes required by this Section, shall be paved with asphaltic, concrete surfacing, or other acceptable material in accordance with specifications approved by the City Engineer. It shall be the responsibility of the property owner to ensure that the surface is maintained free from conspicuous cracks or holes. Surfacing required for temporary lots shall be determined by the City Engineer. TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 56 • d. All access shall be from a dedicated street or alley. e. Driveways must lead to an approved off - street parking structure or parking lot. Where driveways no longer lead to an off - street parking structure or parking lot, the driveway approach, curb and gutter shall be replaced to the satisfaction of the City Engineer. f. The minimum parking stall and aisle dimensions are set forth in Figure 17.112 -1 at the end of this Chapter. 17.112.100 Location of parking facilities. A. Except as otherwise permitted herein, all required off - street parking shall be accessible from a street or alley at all times. B. All permitted or required accessory parking and loading facilities shall be provided on the same site as the structure or use served, except where specifically permitted to be located off the site by the provisions of this Chapter. C. Location of parking facilities on residential lots. 1. The location of residential garages shall comply with all setback requirements in the underlying zone. 2. Parking spaces in addition to the minimum required may be allowed in the front and street -side side yards of R -1 and R -2 residential lots in compliance with the following 10 conditions: a. Vehicle parking (and access thereto) shall be located on a permanently paved surface. s b. Parking is not allowed within any required landscape area or any area not designated as a driveway or vehicle parking area. c. Parking spaces shall not prevent direct and free access to stairways, walkways, elevators, pedestrian access ways, or fire safety equipment. Such access shall be a clear minimum width of forty -four (44) inches, no part of which shall be within a parking space. D. Location of parking facilities on nonresidential lots. 1. Neither a required side yard abutting a street, nor a front yard, shall be used for off - street parking, except in the P zone. Parking lot areas may occupy a rear yard. 2. Parking structures shall comply with the setback requirements in the underlying zone. 3. Parking spaces shall not prevent direct and free access to stairways, walkways, elevators, pedestrian access ways, or fire safety equipment. Such access shall be a clear minimum width of forty -four (44) inches, no part of which shall be within a parking space. TITLE 17 -ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 57 • 17.112.110 Valet parking. A. Where permitted and approval process. Valet parking may be permitted subject to the approval of an Administrative Use Permit, based on the approval process outlined this Section. If a request for valet parking is included in an application requiring discretionary approval, then the review and approval shall be made by the governing body having approval authority. B. Review criteria. Valet parking shall be subject to review of hours of operation, circulation and other pertinent impacts. All proposals for valet parking shall be accompanied by a parking study, prepared by a registered traffic engineer, which addresses circulation impacts, operational characteristics of the use, parking space size and configuration and other issues deemed necessary by the Community Development Director. Valet parking shall be provided on the same site as the business for which the valet parking is being approved. In the event the location for the valet parking is off -site and away from the business, the provisions for shared, joint use, or off -site parking arrangements outlined in Section 17.112.050 shall also be applicable. C. Development standards for valet parking uses. 1. Because of the unique characteristics of valet parking facilities, parking space size shall be determined on a case -by -case basis and not necessarily subject to the standards listed in this Chapter. • 2. Valet parking facilities shall not be permitted to use parking that is specifically set aside or required for another use, unless a shared parking or off -site parking agreement, as applicable, is approved by the City. 3. No fee shall be charged to the users of valet parking, if the parking is provided as a method for meeting the off - street requirements of this Chapter. 17.112.111 Parking design and layout standards. A. All spaces shall be provided adequate access by means of maneuvering lanes. Spaces designed so than it is necessary to back directly into a public street to enter or leave them shall be prohibited, except for residential garages serving single - family dwellings and duplexes. B. Adequate entries and exits to and from parking facilities by means of clearly defined drive aisles shall be provided for all vehicles. Circulation within a parking facility shall be such that: 1. A vehicle using the parking facility need not enter the street to reach another aisle within the same facility. 2. All parking spaces and garages shall be accessible and usable for the full number of parking spaces required whenever the use or structure which they were built to serve is in operation. TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 58 • C. A public alleyway of a minimum paved width of twenty (20) feet may be used for vehicle backup providing: 1. That the balance of the required backup distance is achieved; and 2. That, in the opinion of the City Engineer such parking configurations shall not create a public safety problem. D. One -way driveways, ramps and aisles shall have directional markings to indicate and assure one -way vehicular circulation. E. Continuous curbs and /or headers shall be used instead of individual wheel stops, unless otherwise approved by the Community Development Director. F. The illumination of a parking or loading facility shall conform to the requirements standards contained in Chapter 17.88 Lighting. G. Grade of entrances, spaces and driveways 1. Entrance driveways. Driveways shall not exceed a maximum grade of twelve (12) percent plus or minus six (6) percent measured along the driveway centerline, unless approved by the City Engineer. Where there is a change in slope of the driveway, it shall be demonstrated that vehicles will be able to pass over the change in slope without interference with the vehicle's undercarriage. • 2. Parking spaces. Parking spaces and abutting access aisles shall have a maximum grade of five (5) percent, measured in any direction. is H. Parking space markings. Parking stalls shall be striped with three (3) inch double lines, six (6) inches apart. The stall width shall be measured from the center point of each double striped marking. I. Access and maneuvering markings. In all parking facilities containing twenty -one (21) or more spaces, the aisles, approach lanes, and maneuvering areas shall be clearly marked with directional arrows and lines to expedite traffic movement. Once a parking facility has been marked in accordance with the approved site plan, the markings shall be permanently maintained. Marking changes. If any changes to existing markings are approved by the City, existing markings shall first be completely removed prior to re- marking the parking area. Painting over existing markings without first completely removing old lines is not permitted. Remarking of the parking area according to the approved, revised site plan will be done in accordance with this Section. J. Layout. Plans for the layout of off- street parking facilities shall be in accordance with the minimum requirements set forth in Table 17.112.040.1, Table 17.112.100.2 and Figures 17.112.1, 17.112.2, and 17.112.3. TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 59 • K. Parking adjacent to residential zones. Where a parking area abuts property classified for R uses, it shall be separated therefrom by a solid masonry wall, six (6) feet in height. Said The wall, from the front property line to a depth equal to the required front yard on the abutting R classified property, shall be forty - eight (48) (42) inches in height. L. Parking areas adjacent to streets. Where parking area abuts a street, a landscape strip of at least five (5) feet in width shall be constructed adjacent to the street frontage. 1. The landscape strip shall incorporate a combination of trees, shrubs, plants, and ground cover. 2. Parking area screening shall be provided by one of the following methods or combinations: a. A decorative masonry wall between twenty -four (24) inches and thirty -six (36) inches in height shall be placed approximately in the center of the planting area parallel to the street. A screening hedge may be planted using shrubs which shall not exceed three (3) feet in height and shall consist of compact evergreen plants. Hedges shall not be planted within five (5) feet of any driveway in order to maintain clear visibility at ingress and egress points. • c. An earth berm with a height of three (3) feet to four (4) feet may be substituted provided that the landscape strip is widened appropriately to provide ease of maintenance and slopes not to exceed fifty (50) percent. M. Sight distance required. Each entrance and exit to a parking lot shall be constructed and maintained so that any vehicle entering or leaving the parking lot shall be clearly visible at a distance of not less than ten (10) feet to a person approaching such entrance or exit on any pedestrian walk or footpath. Exits from parking lots shall be clearly posted with "Stop' signs and it shall be unlawful for a motorist to fail to stop at such sign before leaving the parking lot. N. Safety and directional requirements. Appropriate bumper guards, entrance and exit signs, space marking, and directional signs shall be maintained where needed. Any lights used to illuminate such parking area shall be so arranged so as to reflect the light away from adjoining premises and streets. O. Landscape requirements. Where more than twelve (12) automobile parking spaces exist on a lot or parcel of land, not less than two (2) percent of the gross area devoted to such parking shall be developed to interior landscaping as may be necessary to make such parking compatible with adjoining uses, except for property zoned M -1 which shall provide a total of three (3) percent landscaping of each M -1 lot in compliance with this Chapter. Before development of such a parking area, the person proposing such development shall submit a plot plan to the City which shows, to the satisfaction of the Community Development Director, that such landscaping will comply with this section and the requirements of Chapter 13.08 (Water • Efficient Landscapes). TITLE 17 -ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 60 • 17.112.112 Bicycle parking. A. Secure bicycle storage shall be required for all developments over twenty thousand (20,000) square feet in the P -O, C -1, C -3, C -4, CI -MU and M -1 zones, and in any commercial or industrial development in the P -D zone. B. Bicycle storage facilities for use by employees or tenants shall be conveniently located in relationship to employee building entrances. C. Bike storage facilities in industrial developments shall be provided for five (5) bicycles for every one hundred (100) employees or fraction thereof and in commercial developments one (1) bicycle for each two thousand (2,000) square feet of floor area. 17.112.113 Loading area requirements. Spaces required for commercial vehicles and for loading: A. Spaces for commercial vehicles. In addition to the parking spaces required by Section 17.112.040 for owners, occupants, employees, customers, and visitors of structures and uses, one (1) parking space shall be provided for each commercial vehicle used in conjunction with the operation of any structure or use. The parking spaces for such accessory vehicles shall be provided within a designated parking space on the same lot as, or adjacent to, the structure or use to which the vehicles are necessary. • B. Off - street loading. Off - street loading space shall be required on the same subject site with every building; storage warehouse, auto dealership, wholesale distributor, goods display center, department store, market, hotel, hospital, funeral home, laundry, dry cleaning, and other similar uses involving the receipt or distribution by vehicle of materials or merchandise incidental to carrying on such activity. Such space shall be sufficient to permit the standing, loading, and unloading of vehicles to avoid undue interference with the public use of streets and alleys and shall not be a part of the subject site area used for the off - street parking required for each particular use. • C. Loading space. 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 (1) 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. TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 61 0 0 • FIGURE 17.112 -1 - Parking Layout MINIMUM PARKING DIMENSIONS: t& ADU 2' 1.O END STALLASUT'IIING A I--- BUILDING OR OTHER OtlS'iRUC'lIO.C. (T — 0 cc I YlrtEEL -STOP iz F a V= A1.11 sTRlffi ; c vnrri 6' CLEm+nNCE fT11 FY TRI . L r� PUBLIC ALLEY PARKING: SIGHT DISTANCE REQUIREMENTS: I I PUSLIC IFOR ALLEY LE58' a916 25' 1 ( MINIMUM 3ZKUP I NOTE: DRAWINGS ARE NOT TO SCALE. TITLE 17 - ZONING ARTICLE 4— SUPPLEMENTAL STANDARDS 1 62 0 L, 11 FIGURE 17.112 -2 STALL AND AISLE DIAGRAM DIMENSIONS: 30° 45° 60° 70° 84° 90° AISLE WIDTH 14' 14' 20' 21' 23' 26' DIRECTION OF TRAFFIC cAE WAY !It AISLE NOTIHS PER CHART oae MY IF 7vro YIAY I I C SS xz F O allGLE PARALLEL PARKING - MINIMUM PARKING AND AISLE DIMENSIONS: a. * ADD 4' TO END SPACE ABU TTI NG A BUILDING. .. FENCE. OR OTHER OBSTRUCTION S S .tA M t Z j N Y t �,E 20 a I E 9 a� NOTE: DRAWINGS ARE NOT TO SCALE. PARKING ANGLE 30° 45° 60° 70° 84° 90° AISLE WIDTH 14' 14' 20' 21' 23' 26' DIRECTION OF TRAFFIC cAE WAY oye MAY oae MY 71100 MY 7vro YIAY TWO N'hY TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 63 0 \J • FIGURE 17.112 -3 PLANTERS BETWEEN PARKING STALLS rl I RAISED CURB ' WHEELSTOP (TYPE.) (TYPE.) ' • a a r: a + . • - PLANTERS ADJACENT TO It. RAISED 6• CURB + IL DECORATIVE WALL s +. 2• -s- 3' TREE WELL .c ACCEPTABLE LANDSCAPE LOCATIONS: T EE WILL OTE: DRAWINGS ARE NOT TO SCALE. TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 64 • Chapter 17 Sections: 17.116.010 17.116.020 17.116.030 17.116.040 17.116.050 17.116.060 17.116.070 17.116.080 17.116.090 17.116.100 17.116.110 17.116.120 17.116.130 17.116.140 17.116.150 17.116.160 17.116.170 116 SIGNS Purpose and intent. Definitions. General provisions, standards and controls. Exceptions. Signs prohibited in any zone. Signs in R (residential) zones. Signs in commercial and industrial zones. English language use on on- premise signs. Signs in the P -D and P -O zones. Billboards prohibited. Billboards erected prior to December 1, 1979. Rehabilitation of existing billboards. Rehabilitation of existing substandard billboards. Effect of conformity to Section 17.116.130. Nonconforming sign — Replacement of alteration. Nonconforming signs and billboards — Removal procedure. Illegal signs in public right -of- way — Removal authority. • 17.116.180 Illegal signs— Presumption of responsible party. 17.116.190 Illegal signs on public property — Removal charges. 17.116.200 Hearing on removal costs. 0 17.116.010 Purpose and intent. The regulations contained in this chapter are intended to promote the health, safety and welfare of the City by regulating existing and proposed signs of all types. The specific goals of this chapter are to improve the visual, aesthetic and economic environment of the City through: A. Controlling the size, type and locations of signs in every zone; B. Providing reasonable periods of amortization for existing signs declared nonconforming by the enactment of this chapter; C. Creation of a plan for amortization and removal of signs which, because of their size, location or construction, have an adverse effect upon the residential, economic and general aesthetic environment in the City; and D. Encouraging the upgrading of existing signs to conform with the requirements set forth hereinafter. (Prior code §9900) 17.116.020 Definitions. For the purpose of this chapter, words, terms and phrases are defined, and shall be deemed to have the meaning ascribed to them herein, as follows: TITLE 17 -ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 65 • 'Billboard" means a structure of any kind or character erected or maintained by a state - licensed outdoor advertising company for outdoor advertising purposes which: 1. Solicits public support or directs public attention to the sale, lease, hiring or use of any objects, products or services not produced, sold or otherwise available on the premises where such advertising sign is erected and maintained; or 2. Contains a visual message to the general public concerning candidates for public office, matters relating to elections, or any public service announcement. "Building directory sign" means any sign which serves the limited purpose of identifying the name, address and lawful use of the premises upon which it is located and sets forth no other advertisement. "Flag (vertical) sign" means a sign attached to the exterior wall of a building with the face area in a vertical plane to the plane of the exterior wall. Such sign to be a directory -type indicating only the name of the business and use conducted by the tenant. "Freestanding sign" means any sign not attached or supported by any other structure. "Freeway" means a highway to which the owners of abutting lands have no right or easement of access to or from their abutting lands, and which is declared to such in compliance with the Streets and Highways Code of the state of California. "Monument sign" means a low profile sign, which is an integral part of a landscaping plan, located between a building or street setback line and a street property line for identification purposes, and having a solid base support. • "Roof sign" means any sign erected on the roof of any building solely for the purpose of advertising the goods and /or services available within such building. • "Sale, lease or rent sign" means any sign advertising the premises for sale, lease or rent "Sign" means any device used for visual communication or attraction, including, but not limited to, any announcement, declaration, demonstration, display, illustration, insignia or symbol used to advertise or promote the interest of any person or business, together with all parts, materials, frame and background. "Sign area" means the total surface area of a sign, defined as that total area enclosed within a plane or solid figure created by enclosing the sign within imaginary lines in such a manner as to result in plain parallelograms for the surface area of simple two - dimensional signs and solid figure created by plain parallelograms either joined at the extremities of each plane, or by parallel lines joining the extremities in each plain parallelogram. This will result in a solid figure enclosed by plain parallelograms. The surface area is to be computed by adding the area of each plane surface that contains any visual communications as specified in the definition of "sign" above. "Temporary sign" means a sign which is intended or designated to advertise community or civic projects, construction projects, rent, sale or lease, or matters relating to elections, sales by merchants, special holidays or other special events on a temporary basis. Such temporary sign shall not be permanently affixed to a building. All temporary signs must be removed within ten days after the conclusion of the event which they advertise. TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 66 • "Wall sign" means any sign attached to or erected on the exterior wall of a building or structure with the exposed face of sign in a plane approximately parallel to the plane of the exterior wall, such sign to be of a limited directory type indicating only the name of the business and the use conducted by the tenant. "Window sign" means any sign exposed to public view through a window or attached, painted or pasted, in either permanent or temporary form, on the exterior or interior of a window. Window signs shall be permitted in any zone except residential, and shall cover no more than fifteen (15) percent of any window. (Prior code § 9901) 17.116.030 General provisions, standards and controls. Signs shall not be permitted in the various zones except as expressly permitted by this chapter, and signs so permitted shall be subject to all standards and regulations in this chapter. A. Nature of Copy. No sign of any kind shall be permitted to advertise or display an unlawful act, business or purpose. B. Illumination and Movement. Illumination signs shall be located, and light sources shielded to prevent glare, annoyance or hazard to the public or neighboring properties. 1. Signs may be internally or indirectly lighted. 2. No blinking or flashing signs shall be permitted in any zone, except for time and • temperature signs. C. Height of Sign Permitted. Maximum height of freestanding and roof signs in any commercial or industrial zone shall not exceed thirty -five (35) feet above grade level of the adjoining public walk. D. Projecting Signs Prohibited. Signs projecting out over the building line or public right -of -way are prohibited, except projecting flag (vertical) signs. E. Flag Signs— Projection Over Right -of -Way. Clearance above grade less than eight feet: no projection is permitted. Clearance above grade over eight feet: one inch of projection is permitted for each additional inch of clearance, provided that no such projection shall exceed a distance of four feet. F. Permits. All signs shall be established under a valid building permit in accordance with fire and building code regulations. G. Maintenance. All signs shall be maintained in good condition and repair and shall pose no hazard to public safety statutes, standards and ordinances. (Prior code § 9902) 17.114.040 Exceptions. The provisions in this chapter shall not apply to the following signs except as otherwise • indicated herein: TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 67 • A. Official notices issued by any court, public body or public officer; B. Notices posted by any public officer in performance of a public duty, or by any public agency, to give legal notice; C. Traffic, directional, warning or information signs required or authorized by law or by the federal, state or municipal authority, including directives of the Public Utilities Commission; D. Official signs used for emergency reasons; E. Temporary signs displaying political election campaign material or signs advertising community events, provided that such signs meet all size requirements contained in this chapter and are removed within two working days after the event or election. (Prior code §9903) 17.116.050 Signs prohibited in any zone. A. Signs that create a safety hazard to pedestrian and vehicular traffic; B. Any ground or roof sign if the proposed sign would adversely affect access to air, light or visual corridors by adjacent residential property; C. Any portable, folding, A -frame or box sign, or similar signs on rollers, casters or otherwise designed to be portable; • D. Signs on any utility poles, traffic sign posts, traffic signals, or signs on any parkway or sidewalk, except for freestanding signs on public property located in redevelopment project areas (though the signs may remain after redevelopment of the project area has been completed), are within two hundred (200) feet of property zoned P -D and within seventy -five (75) feet of the Interstate 10 (San Bernardino) Freeway, the physical characteristics, including, but not limited to, height and total area of which are subject to the approval of the City Council; • E. Freestanding signs displayed from trucks, autos, trailers or other vehicles except public buses; F. Revolving and /or flashing signs. (Prior code §9904) (Ord. No. 916, §4, 7- 26 -11) 17.116.060 Signs in R (residential) zones. Signs in all R (residential) zones shall be designed and located in a manner which does not interfere with adjoining residential uses, and which assures general aesthetic controls for a harmonious residential and visual environment in the surrounding neighborhood. Those signs permitted in R (residential) zones shall be: A. Sale, Lease or Rent Signs. One sign not to exceed seven square feet in sign area. B. Temporary signs during construction. One temporary sign, not to exceed sixteen (16) square feet in area, giving the names and other pertinent information of the architects, contractors and engineers of the project during TITLE 17 -ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 68 • any construction period. Such signs may be erected on the date the building permit is issued, and must be removed not later than fifteen (15) days after notice of completion is filed or occupancy granted. C. Identification Signs. Single and Duplex Dwelling Structures. One sign per dwelling, not to exceed ten square feet in area, and displaying only the name of the property owner or occupant of the dwelling, and the address. Identification Signs for Multiple Dwelling Structures. One sign not to exceed an area of fifteen (15) square feet. Any pylon or freestanding sign shall not exceed a maximum height of six feet or project into a public right -of -way, nor project above the roof line. D. Subdivision signs. Subdivision signs for the limited purpose of advertising the existence and availability of new single - family, duplex or multiple - family dwellings in an approved subdivision, may be erected on property included within the approved subdivision. Such signs shall not exceed a maximum size of six feet by twelve (12) feet and an area of seventy -two (72) square feet, nor a maximum height of twenty (20) feet measured from the adjacent grade level to the top of the sign. 1. Removal of Subdivision Signs. The developer, upon receiving approval of any subdivision, shall agree, in writing, to remove all signs from the tract within fifteen (15) days after the close of escrow on the last lot on which the signs are located, and shall . grant the city the right to enter upon the property and remove the signs upon the expiration of the fifteen (15) days and failure to have removed the signs. The developer shall bear all costs and liability for City removal and disposal of the signs by posting a bond or providing other appropriate guarantee to performance. 2. Lighting. Subdivision signs may be lighted by internal or indirect lights. (Prior code § 9905) 17.116.070 Signs in commercial and industrial zones. All commercial and industrial zones shall have controls and limitations placed upon sign design and location to minimize visual discontinuity created by large numbers of signs spaced in irregular patterns. Spacing, design and size requirements are intended to promote an attractive commercial environment without vehicular distractions, visual disorder, or economic effect on surrounding properties. Those signs permitted in commercial and industrial zones shall be: A. Building directory signs. One exterior sign at each building entrance, such sign not to exceed ten square feet in area. B. Exterior wall signs. Exterior wall signs may cover no more than twenty -five (25) percent of any front, side or rear wall of a main building or structure. C. Roof signs. D. Flag (vertical) signs. • One flag sign for each structure or building. TITLE 17 -ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 69 • E. Freestanding signs. 1. Number. The number of freestanding signs for each property shall be determined by the number of linear feet the property has along the street from which its address is derived. The number of signs shall be based upon the following formula: Frontage in feet No. of Signs 0 -100 1 101 -200 2 201 -300 3 301 -400 4 In no event shall a property be entitled to more than five freestanding signs. 2. Size. The total area of any freestanding or roof sign (as defined in Section 17.116.020 shall not exceed: Zone Number of Feet C -1 zone 100 square feet C -3, CBD, and C1 -MU zones 200 square feet M -1 zone 200 square feet • F. Miscellaneous Signs. All signs permitted in the R (residential) zones as set forth in Section 17.116.060. (Amended during 1999 codification; prior code § 9906) 17.116.080 English language use on on- premise signs. The following regulations shall apply to on- premise signs in the City: A. All commercial, industrial and professional office on- premise signs shall identify the type of business (e.g. 'restaurant," "market') in the English language. B. All commercial, industrial and professional office locations shall have required street numbers in Arabic numerals. C. The signage required in subsections A and B of this section shall be no less than four inches in height and shall be visible from the street for a distance of at least fifty (50) feet. (Prior code § 9906 -A) 17.116.090 Signs in the P -D, P -O, RIC MUDO zones. All signs in the P -D, P -O, and RIC MUDO zones are subject to the following sign provisions and are regulated thereby. P -D zone Chapter 17.24 (Section 17.24.040.1) P -O zone Chapter 17.16 (Section 17.16.030.0.1) RIC MUDO zone Chapter 17.28 (Section 17.28.030.D.18) TITLE 17- ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 70 • (Prior code § 9907) 17.116.100 Billboards prohibited. Because billboards create visual blight, visual distraction to motorists, unsightliness and impairment of the economic environment for residential and commercial uses throughout the city, development of new billboards is expressly prohibited in any zone within the city. (Prior code §9908) 17.116.110 Billboards erected prior to December 1, 1979. To provide for an amortization period for existing billboards and a term of years for the phasing out of existing boards, all existing billboards shall be subject to the amortization periods set forth in this chapter, unless, as of December 1, 1979, such billboard was: A. Erected with a valid building permit or pursuant to preexisting regulations of the county of Los Angeles; and B. Constructed to a face width of at least twenty -five (25) feet and face height of at least twelve (12) feet. The owners of billboards qualifying under the provisions of subsections A and B of this section may elect to rehabilitate their billboards to the standards set forth in Section 17.116.120 and, upon successful completion of such rehabilitation, become exempt from the period of amortization set forth in this chapter. (Prior code § 9909) • 17.116.120 Rehabilitation of existing billboards. All billboards existing as of December 1, 1979, shall be rehabilitated to the following standards on or before December 31, 1980. A. Aesthetic standards. 1. Face width: twenty -five (25) feet 2. Face height: twelve (12) feet 3. Bottom edge: Not less than fifteen (15) feet from the ground. But in no event to exceed the dimensions in existence on December 1, 1979. B. Structural standards. 1. All supports shall be of metal structure, freestanding systems, and shall not be attached to or supported by the roof or sides of any structure. 2. No billboard shall project onto any portion of the public right -of -way. 3. The rear of any single face board shall have a solid back of metal and shall remain painted and in good repair at all times or shall have a second conforming face for advertising display. 4. The name or insignia of the owner of each billboard shall be displayed on the front of each billboard. TITLE 17 -ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 71 • • 5. All billboards shall be maintained in good condition and repair and shall pose no hazard to public safety. (Prior code § 9910) 17.116.130 Rehabilitation of existing substandard billboards. All existing eight- foot -by- nine -foot size wooden billboards shall be completely re -moved by their owners within the time al -lowed by that certain agreement dated September 11, 1984 between Independent Out -door Advertising, Inc., and the city. Such signs may be replaced in accordance with that certain agreement by the placement of single -faced six - foot -by- twelve -foot stainless steel nonilluminated signs at the following locations only: 8640 E. Garvey Avenue 8724 E. Garvey Avenue 8905 W. Garvey Avenue 2708 N. San Gabriel Blvd 9430 Valley Boulevard (Prior code § 9910.1) FW, single face FW, single face FW, single face FN, single face FW, single face 17.116.140 Effect of conformity to Section 17.116.130. A. Billboards not in conformity with the standards of Section 17.116.130 on December 31, 1978, shall be subject to the amortization terms set forth in this chapter. B. Billboards conforming to the standards of Section 17.116.130 on December 31, 1980, shall be exempted from the amortization provisions of this chapter. (Prior code § 9911) 17.116.150 Nonconforming sign — Replacement of alteration. A. A nonconforming sign may be replaced only by a conforming sign. Alteration of a nonconforming sign shall be permitted only to decrease or abate the nonconformity. Nothing in this section shall preclude repair for normal maintenance of a sign. B. No signs may be added to an occupancy with a nonconforming sign unless all signs associated with such occupancy are made conforming. (Prior code § 9912) 17.116.160 Nonconforming signs and billboards — Removal procedure. Upon determination by the Community Development Director that a particular use, structure or sign is nonconforming, the following procedure shall be employed: A. Notice. Notice shall be directed, in writing, to the owner of the subject property and the lessee, if known, that a public hearing will be held before the Commission to determine if the use, structure or sign is nonconforming and, therefore, considered a public nuisance, injurious to neighboring properties and to the health and welfare and environment of the city. The notice shall be mailed not less than ten days before the public hearing. In the case of a nonconforming sign, the notice shall be directed to the owner of the sign, if known, and to the owner of the land. B. Procedure at hearing. TITLE 17 -ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 1 72 The procedure to be employed by the Commission and rights of appeal therefrom shall be set forth in Article 6. C. Decision. If the Commission finds that the use, structure or sign does not conform to the provisions of this code, and that the period of continuation of such use, structure or sign has expired, the Commission shall order repair, alteration, correction or removal of such structure, sign or use within thirty (30) days of mailing a copy of its decision to the owners. D. If the owner of the land, lessee, the owner of the sign or structure, or other re- sponsible party fails or refuses to repair, correct, demolish or discontinue a use, sign or structure declared to be nonconforming and a nuisance pursuant to subsections A and C of this section, and such correction, repair, discontinuance or demolition is not performed within thirty (30) days of the mailing of the notice set forth in subsection C of this section, the city may order such work be done by, and the costs therefor, assessed against the owner of the land and becoming a lien on such property by operation of law. (Prior code § 9913) 17.116.170 Illegal signs in public right -of- way — Removal authority. A. Any illegal sign in the public right -of -way may be removed by the city. No notice shall be required prior to removal of illegal signs, including without limitation elections signs, in the public right -of -way. C. Any sign removed by the city, except any sign of de minimis value, shall be held in storage and the owner or other person in control of such sign, if the owner or other person in control • of such sign is identified, shall be given written notice and ten days to reclaim such sign. In the event the city is not able to identify the owner or person in control of such an illegal sign, no notice is required. • D. Any sign held in storage by the city may be destroyed by the city if not reclaimed: 1. In the time period set forth in subsection C of this section; or 2. Within ten days after the removal if the owner or other person in control of such sign is not known. E. In order to reclaim a sign removed by the city, the owner or other person in control of such sign shall first pay to the city a fee as set forth in a resolution adopted by the City Council. Any illegal sign in the public right -of -way of de minimis value shall be deemed to be abandoned and may be destroyed by the city after removal. No opportunity to reclaim such sign shall be given by the city. G. For purposes of this section, any sign made of cardboard or other nondurable material shall be deemed to be of de minimis value. (Ord. 774 § 2 (part), 1996: prior code § 9915) 17.116.180 Illegal signs — Presumption of responsible party. TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 73 L.I A. Each of the following persons is pre -sumed to be responsible for the posting of an illegal sign, including without limitation an election sign, on public property: 1. Any person whose name appears on the sign; and 2. The promoter or sponsor of an event named on the sign; and 3. Any person retained to post or distribute such signs. B. More than one person may be deemed responsible for the placement of the same sign. (Ord. 774 § 2 (part), 1996: prior code § 9916) 17.116.190 Illegal signs on public property — Removal charges. A. All persons responsible for an illegal sign posted on public property, as well as any person who actually posted the sign, shall be jointly and severally liable for the costs of the city for the removal of such sign from public property. Such charges shall be in addition to all other legal remedies, criminal, civil and administrative, which may be pursued by the city to address any violation of this code. B. A bill of charges shall be served upon a responsible party by the director of the department which removed the sign. C. The total amount of the bill of charges shall be deemed to be a civil debt to the city and the city may take such action to recover such charges as the city is authorized to do by law for the recovery of a civil debt. (Ord. 774 § 2 (part), 1996: prior code § 9917) 17.116.200 Hearing on removal costs. A. The bill of charges shall include a notice of the right of the person being charged to request a hearing before the City Manager to dispute the imposition of the charges. B. Any request for a hearing to dispute the imposition of charges must be in writing and received by the office of City Manager within ten days of the date of service of the bill of charges, and shall include a statement of the reasons and grounds upon which the dispute is based. The office of the City Manager shall conduct the hearing on disputed charges within twenty (20) days of the receipt of the request for hearing. (Ord. 774 § 2 (part), 1996: prior code § 9918) TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 1 74 0 0 E 0 ARTICLE 5 LAND USE AND DEVELOPMENT APPLICATION PROCEDURES Chapter 17.120 APPLICATIONS AND PROCESSING Sections: 17.120.010 17.120.020 17.120.030 17.120.040 17.120.050 17.120.060 17.120.070 17.120.080 17.120.090 17.120.100 17.120.110 17.120.010 Purpose. Authority for land use and zoning decisions. Multiple permit applications. Optional pre - application review and meeting. Land use application preparation and filing. Application fees. Initial application review and completeness. Public hearing. Time limits. Changes to an approved project. Environmental assessment. Purpose. This Chapter provides procedures and requirements for the preparation, filing, and initial processing of applications for the land use permits required by this Title. 17.120.020 Authority for land use and zoning decisions. Table 17.120.020.1 (Review Authority), below, identifies the review authority responsible for reviewing and making decisions on each type of application required by this Zoning Code. "Decision" means that the review authority makes the final decision on the matter. "Appeal' means that the review authority may consider and decide upon appeals to the decision of an earlier decision - making body, in compliance with Chapter 17.160 (Appeals). 'Recommend" means that the review authority should provide preliminary review and forward input to the decision - making review authority for consideration. Any review authority may defer and refer the request to the next higher review authority level. The review and approval land use permits, where the Community Development Director is indicated as the Review Authority in the table below, is shared by the Planning Division, the Community Development Director, and the Development Review Committee. 17.120.030 Multiple permit applications. A. Concurrent filing. An applicant for a development project that requires the filing of more than one application (e.g., Zoning Map Amendment and a Conditional Use Permit, etc.), shall file all related applications concurrently, with all application fees, unless this concurrent filing requirement is waived by the Community Development Director. B. Concurrent processing. Multiple applications for the same project shall be processed concurrently, and shall be reviewed, and approved or denied by the highest review authority designated by this Zoning Code for any of the applications. For example, a project for which applications for Zoning TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 11 E REVIEW AUTHORITY Type of Land Use Permit CD Director Commission Council Specific Plans • Recommend • Recommend • Decision Subdivisions (Tentative Parcel Maps and Tentative Tract Maps) • Recommend • Decision • Appeal Temporary Use Permits, Special Event Permits, Temporary Banner Permits . Decision • Appeal • Appeal Yard Sale (Residential) • Decision • Appeal • Appeal Zone Change • Recommend • Recommend • Decision Zone Variance • Recommend • Decision •Appeal 17.120.040 Optional Pre - application review and meeting. A. Optional pre - application process. A prospective applicant is encouraged to file for a Pre - application review and meeting before completing and filing a land use permit application. The Pre - application process is intended to streamline the overall land use approval process by helping the applicant, staff, and • outside agencies identify and resolve critical issues very early in the development process. 1. Pre - application filing. For an application to be accepted, the applicant must provide all of the required information described on the checklist and application form provided by the Planning Division at the time of application submittal. A letter of authorization from the property owner is required if the Pre - application is not signed by the owner. Incomplete applications will not be accepted. Only one application may be filed per project. 2. Pre - application fee. A fee, as established by Council resolution, shall be paid upon filing of such application. 3. Pre - application review. Staff conducts an initial review of the proposal, and the applicant is notified of the time and place of the Pre - application meeting within thirty (30) days of the application submittal. 4. Pre - application meeting. The purpose of a Pre - application meeting is to inform the applicant of City requirements as they apply to the proposed project. During the meeting staff will discuss the City's review process, possible project alternatives or modifications, and identify information and materials the City will require along with the application, including any necessary technical studies and information anticipated for the environmental review of the project. a. The applicant or representative must attend the Pre - application meeting. b. A final comment letter will be sent to the applicant within four (4) business days after • the Pre - application meeting. TITLE 17 — ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 13 • c. The Pre - application review, project comments, information, and /or pertinent policies shall not be construed as either a recommendation of project approval or denial by the City's representative. Failure of the City's representative to identify all required studies or all applicable requirements at the time of Pre - application review shall not constitute a waiver of those studies or requirements. 17.120.050 Land use application preparation and filing. Each application for a permit, amendment, or other matter pertaining to this Zoning Code shall be made in writing and filed with the Planning Division, using the standard forms provided by the department together with all necessary fees and /or deposits, exhibits, maps, materials, plans, reports, and other information specified in the application form and any additional information required by the Community Development Director in order to describe clearly and accurately the proposed project, its potential environmental impact, its effect on existing improvements, and to conduct a thorough review of the proposed project. Informational requirements for each application are referred to as the application's 'Submittal Standards' or 'Checklist' and are available at the Planning Division counter. A. Applicants are encouraged to contact the Planning Division Staff before submitting an application to verify which materials and fees are necessary for application filing and /or to arrange for an appointment for submittal. B. The applicant shall verify the contents of the application and the date of verification shall be • noted on the application. • 17.120.060 Application fees. A. Application fees. 1. The City Council shall establish a schedule of fees for the processing of the applications required by this Zoning Code, hereafter referred to as the Planning Division Application Fee Schedule. a. The Planning Division Application Fee Schedule is intended to allow recovery of all costs to the maximum extent by law, incurred by the City in processing permit applications. b. The Planning Division Application Fee Schedule may be amended as often as deemed necessary by the City Council. 2. Timing of payment. a. Applications shall not be deemed complete, and processing shall not commence, on any application until all required fees or deposits have been paid. Payment of required fees and /or deposits shall not deem the application complete. b. Failure to timely pay supplemental requests for payment of required fees and /or deposits shall be a basis for denial or revocation of any permit or other requested entitlement, notwithstanding any other provisions of this Zoning Code. TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 14 • 3. Refunds and withdrawals. Application fees cover City costs for public hearings, mailings, staff and consultant time, and the other activities involved in processing applications. b. No refund due to denial shall be allowed. c. In the case of a withdrawal, the Community Development Director shall have the discretion to authorize a partial refund based upon the pro -rated costs to -date and the status of the application at the time of withdrawal. 17.120.070 Initial application review and completeness. Each application filed with the Planning Division shall be initially processed as follows: A. Completeness review. The Planning Division shall review an application for completeness and accuracy before it is accepted as being complete and officially filed. The Division will consider an application complete when: 1. All necessary application forms, documentation, exhibits, materials, maps, plans, reports and other information specified in the application form, any applicable Division handout, and any additional information required by the Community Development Director have been provided and accepted as adequate. • 2. All necessary fees and deposits have been paid and accepted. L J B. Notification of applicant. As required by Government Code Section 65943, the applicant shall receive written notification within thirty (30) days of submittal that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the written notification, must be provided. C. Expiration of application. If an applicant fails to provide the additional information specified in the City's letter within 90 -days following the date of the letter, or shorter time frame as determined by the Community Development Director, the application shall expire and be deemed withdrawn without any further action by the City, unless a written request for an extension is submitted by the applicant and approved by the Community Development Director. D. Extension of application. The Community Development Director may grant one 90 -day extension upon written request of the applicant. After expiration of the application, and extension, if granted, a new application, including fees, plans, exhibits, and other materials will be required to commence processing of a new project application on the same property. E. Referral of application. At the discretion of the Community Development Director, or where otherwise required by this Zoning Code or State or Federal law, an application may be referred to any public agency that may be affected by or have an interest in the proposed project. TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 15 • F. Project review procedures. 1. Investigation of facts. Following receipt of a completed application, the Community Development Director shall investigate the facts necessary for action consistent with the purpose of this Article. 2. Inspection of premises. a. Pre - inspections. The Community Development Director shall have access to the subject premises in order to make an inspection(s) to confirm the statements contained in the application and accompanying graphic materials and to make a judgment as to its suitability. b. Post - inspections. After approval, the Community Development Director shall have access to the subject premises to confirm compliance with this Zoning Code and all conditions of permit approval. 17.120.080 Public hearing. The procedure set forth in Chapter 17.156 (Public Hearings and Administrative Review) and Chapter 17.160 (Appeals) shall constitute the procedure for public hearings, except as otherwise specifically provided in this chapter. 17.120.090 Time Limits. A. Unless a condition of approval or other provision of this Zoning Code establishes a different • time limit, any permit or approval not exercised within one (1) year from the actual date of review authority approval shall expire and become void, except where an extension of time is approved in compliance with subsection (F) of this section. B. The permit shall not be deemed "exercised" until at least one of the following has first occurred: • 1. A grading permit has been issued and grading has been substantially completed; 2. A building permit has been issued and construction has commenced, and the building permit remains to be valid by or through the making of satisfactory progress as determined by the Building Official; 3. A Building Certificate of Occupancy has been issued; 4. The use is established; or 5. A time extension has been granted in compliance with subsection (F) of this section. C. If a project is to be developed in preapproved phases, each subsequent phase shall be exercised within one (1) year from the date that the previous phase was exercised, unless otherwise specified in the permit, or the permit shall expire and become void, except where an extension of time is approved in compliance with subsection (F) of this section. TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 16 . D. If the project also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit shall be exercised before the expiration of the tentative map, or the permit shall expire and become void and of no further effect. E. Once exercised, any use that has been abandoned for at least one hundred eighty (180) days or changed shall be deemed void. F. Extensions of Time. Upon written request by the applicant, the Review Authority who made the decision on the application may extend the time for an approved permit or approval to be exercised. 1. Filing and Review of Request. The applicant shall file a written request for an extension of time with the Planning Division no less than thirty (30) days or more than ninety (90) days before the expiration date of the permit, together with the filing fee required by the City's fee schedule adopted by resolution. 2. Action on extension request. A permit or approval may be extended for no more than three (3) additional twelve (12) month periods beyond the expiration of the original approval; provided, the Review Authority first finds that there have been no changes in the conditions or circumstances of the site or project so that there would have been grounds for denial of the original project. G. Effect of expiration. After the expiration of a permit or approval in compliance with subsection (F) of this Section, no further work shall be done on the site and no further use of the site shall occur until a new permit or approval and any required building permit or other • City permits or approvals are first obtained. 17.120.110 Changes to an approved project. Development or a new use authorized through a permit granted in compliance with this Zoning Code shall be established only as approved by the review authority, and in compliance with any conditions of approval, except where a change to the project is approved in compliance with this section. A. Application. An applicant shall request a proposed change in writing, and shall also furnish appropriate supporting information and materials explaining the reasons for the request. B. Minor changes approved by the Community Development Director without a public hearing. The Community Development Director may authorize minor changes to an approved discretionary permit, without a public hearing, where the Community Development Director first finds that the changes: a. Are consistent with all applicable provisions of this Zoning Code; b. Do not involve a feature of the project that was a basis for or subject of findings or exemptions in a negative declaration or Environmental Impact Report for the project; c. Do not involve a feature of the project that was specifically addressed or was the subject of a condition(s) of approval for the project or that was a specific • consideration by the applicable review authority in the project approval; and TITLE 17- ZONING ARTICLES - DEVELOPMENT APPLICATION PROCEDURES 17 • d. Do not result in an expansion or change in operational characteristics of the use. 1 E 2. The Community Development Director may choose to refer any requested change to the original review authority for review and final action. C. Changes approved by original review authority. A proposed change that does not comply with the criteria identified in subsection (B) of this section, or any other provision of the Zoning Code, may only be approved by the original review authority for the project through a modification permit application filed and processed in compliance with this Chapter. 17.120.110 Environmental assessment. After acceptance of a complete application, the project shall be reviewed in compliance with the California Environmental Quality Act (CEQA), to determine whether the proposed project is exempt from the requirements of CEQA or is not a project as defined by CEQA, whether a negative declaration or a mitigated negative declaration may be issued, or whether an environmental impact report (EIR) shall be required. When these determinations are required, the preparation of EIRs, shall be in compliance with the City's CEQA Guidelines. TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 18 • Chapter 17.124 TEMPORARY USE PERMITS AND SPECIAL EVENTS Sections: 17.124.010 Purpose. 17.124.020 Definitions. 17.124.030 Exempt temporary uses and special events. 17.124.040 Allowed temporary uses and special events. 17.124.050 Application filing, processing, and review. 17.124.060 Findings and decision. 17.124.070 Conditions of approval. 17.124.080 Expiration, modification, extension and revocation of temporary use permit or special event permit. 17.124.010 Purpose. The purpose of this Chapter is to allow for short-term activities that are compatible with adjacent and surrounding uses when conducted in compliance with this Chapter. 17.124.020 Definitions. For the purpose of this Chapter, the following terms shall have the meaning set forth herein. "Temporary Land Use" means a land use that is interim, non - permanent, and /or seasonal in nature, lasting between from one (1) to thirty (30) days, and generally not more than thirty (30) • consecutive days in duration. The temporary land use shall only occur on private property. "Special Event" means a short-term event lasting no more than three (3) days that meets any of the following criteria: • 1. Any event that requires the closure of any street or public right -of -way to vehicular or pedestrian traffic. 2. Any event to be held at a public /private facility with a projected attendance of five hundred (500) or more people. 3. Any event that will generate any outdoor video or sound. 4. Any event that will require the use of City resources for security, crowd control, sanitation, etc. 17.124.030 Exempt temporary uses and special events. The following minor and limited duration uses are exempt from Temporary Use Permit and Special Event Permit requirements. Uses that do not fall within the categories defined below shall comply with this Chapter. A. Construction sites — on -site. 1. On -site contractors' construction /storage uses, in conjunction with an approved construction project on the same parcel. TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 19 0 • �J 2. One adult caretaker may be present during non - construction hours. 3. The construction and /or storage use shall the construction project, or the expirati construction project, whichever first occurs. be removed immediately upon completion of )n of the building permit, authorizing the Emergency facilities. Emergency public health and safety needs /land use activities, as determined by the Community Development Director. C. Outdoor sales and garage sales. Outdoor sales on nonresidential property and garage and yard sales (i.e., personal property sales) conducted on residentially zoned property allowed only in compliance with Chapter 17.76 (Outdoor Sales and Garage Sales). D. Publicly owned property. Events that are to be conducted on publicly owned property, are subject to the approval of the Community Development Director, and are sponsored by educational, fraternal, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Revenue and Taxation Code. 17.124.040 Allowed temporary uses and special events. The following temporary uses and special events are allowed, subject to the issuance of a permit, and only when conducted in compliance with Section 17.124.070 (Conditions of Approval). A. Temporary uses. 1. Contractors' construction sites (off- site). The temporary use of a site for an off -site contractor's construction, staging, or storage area(s). The permit may be effective for up to one hundred eighty (180) days and extended in 180 -day increments, with the Community Development Director approval, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs. 2. Outdoor meetings and group activities /assemblies for three (3) consecutive days or less, and no more than three (3) events will be permitted on a single property per calendar year, excluding City sponsored events. 3. Seasonal sales (i.e., Halloween pumpkin sales and Christmas tree sale lots), issued in compliance with Business License requirements provided, the activity may only be held from October 1st through October 31st of the same year for the Halloween pumpkin sales, and from the day after Thanksgiving through December 26th, of the same year for Christmas tree sales. The Community Development Director may grant an alternative time period on a case -by -case basis. 4. Temporary structures. A temporary office or similar portable structure, including a manufactured or mobile unit, may be approved, for a maximum time period of twelve (12) months, as an accessory use or as the first phase of a development project, on sites located within the commercial, industrial, and mixed- use zones of the City. TITLE 17 -ZONING ARTICLES - DEVELOPMENT APPLICATION PROCEDURES 110 • 5. Temporary work trailers.. A trailer or mobile home may be used as a temporary work site for employees of a business during construction or remodeling of a permanent commercial, or industrial structure when a valid Building Permit is in force for up to twelve (12) months. 6. Other similar temporary uses. Similar temporary uses that, in the opinion of the Community Development Director, are compatible with the subject zone and surrounding land uses. Special events. Special events shall last not more than three (3) days, and no more than three (3) events will be permitted on a single - property per calendar year, excluding City sponsored events. The following is a list of examples of special events: • An arts and crafts exhibit, • Auctions, • Carnivals, • Concerts, • Fairs, • Festivals, • Food markets /events, • Outdoor entertainment, or • Sporting events, such as a 5K, bicycle race, or walking event. 17.124.050 Application filing, processing, and review. • A. Filing. An application for a Temporary Use Permit or a Special Event Permit shall be filed with the Planning Division in the following manner: An application for a Temporary Use Permit or Special Event Permit shall include the information and materials specified in the Temporary Use Permit and Special Event Permit handout, together with the required fee(s) as established by City Council's resolution. A Special Event Permit application shall be filed with the Planning Division at least sixty (60) days before the event is scheduled to take place. Special Event Permit applications submitted within thirty (30) to fifty -nine (59) days before the event is scheduled shall be subject to an expediting fee. b. An application for Temporary Use Permit shall be submitted at least thirty (30) days before the use is schedule to commence. B. Evidence. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.124.060 (Findings and Decision), below. C. Project review procedures. Following the receipt of a completed application for a Temporary Use Permit or Special Event Permit, the Community Development Director will investigate and consult with other City departments and other agencies as necessary and schedule a conference with the • applicant to further discuss any concerns. TITLE 17- ZONING ARTICLE 5- DEVELOPMENT APPLICATION PROCEDURES 11 D. Public hearing not required. A public hearing shall not be required for the Community Development Director's decision on a Temporary Use Permit or Special Event Permit application. 17.124.060 Findings and decision. The Community Development Director, or his /her designee, shall review the application and may issue a Temporary Use Permit or Special Event Permit that would be operated in full compliance with the Chapter if the following findings can be made: A. The operation of the requested temporary use or special event at the location proposed and within the time period specified will not endanger, jeopardize, or otherwise constitute a menace to the public convenience, health, safety, or general welfare; B. The operation of the requested temporary use or special event will not be detrimental to adjoining properties through the creation of excessive dust, light, noise, odor, or other objectionable characteristics; C. The proposed site is adequate in size and shape to accommodate the temporary use or special event without detriment to the enjoyment of other properties located adjacent to and in the vicinity of the subject parcel; D. The proposed parcel is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or could reasonably be expected to generate; • E. Adequate temporary parking to accommodate vehicular traffic which would be generated by the use will be available either on -site or at alternate locations acceptable to the Community Development Director; and F. The applicant agrees in writing to comply with any and all of the conditions imposed by the review authority in the approval of the Temporary Use Permit or Special Event. 17.124.070 Conditions of approval. A. May impose conditions. In approving a Temporary Use Permit or Special Event Permit, the Community Development Director may impose conditions that are deemed reasonable and necessary to ensure that the activity would be in full compliance with the findings required by Section 17.124.060 (Findings and Decision). B. Appropriate conditions. Conditions addressing any offsite impacts of or operation of the temporary event, or use, and may be (but are not limited to) the following: • Fixed period of time; • Operating hours and days; • Temporary pedestrian and vehicular circulation; • Regulation of nuisance factors; • Regulation of temporary structures; . • Litter, sanitary, and medical facilities; other pertinent factors affecting the imposed on the use, and may include TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 112 • • Waste collection, recycling, and /or disposal; • Evidence of food service permits. • Police /security and safety measures; • Signs; • Limitations on alcoholic beverage sales; • Performance bond or other security, such as a Clean -up Deposit; • Insurance and indemnification requirements to protect the City from liability as necessary; • Clarification of applicant's status, if claiming tax - exempt, non - profit status must attach a copy of their I.R.S. determination letter; • Written notification to neighbors; • Compliance with Title 5 (Business Licenses and Regulations); • Removal of debris, litter, or any other evidence of the temporary use or special event upon completion or removal of the use or event; • Compliance with applicable provisions; and • Other conditions. 40 17.124.080 Expiration, modification, extension and revocation of temporary use permit or special event permit. A. If the use authorized by any Temporary Use Permit or Special Event Permit is, or has been unused, abandoned, or none of the conditions have been complied with, the Temporary Use Permit shall become null and void and of no effect. B. If any condition attached to a Temporary Use Permit or Special Event Permit is violated or if any law, statute or City ordinance is violated, the Temporary Use Permit or Special Event Permit and privileges shall be suspended; provided that the applicant has been given written notice to cease such violation and has failed to do so within the period of time specified. Repeated violations of any of the conditions attached to a Temporary Use Permit or Special Event Permit may be grounds for revocation of the permit in accordance with the provisions of Chapter 17.168 (Revocations and Modifications). C. In the event that the operation of any part of a facility granted by Temporary Use Permit or Special Event Permit should result in substantial complaints to the Planning Division, and when staff investigation determines that the conditions as originally drafted are not sufficient to properly regulate the use, the conditions may be modified in accordance with the provisions of Chapter 17.168 (Revocations and Modifications). D. For any revocation or modification of a Temporary Use Permit or Special Event Permit, as set forth in subsection B or C of this section, the Community Development Director shall send notice, in writing, to the original grantee of the permit that the Community Development Director intends to revoke or modify the permit, stating the grounds, and informing the grantee of the time and place of the hearing on such revocation, in addition to the requirements set forth in Chapter 17.168 (Revocations and Modifications). TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 113 • Chapter 17.128 ADMINISTRATIVE USE PERMIT Sections: 17.128.010 Purpose. 17.128.020 Applicability. 17.128.030 Application filing and processing. 17.128.040 Findings and decision authority. 17.128.050 Conditions of approval. 17.128.060 Expiration, modification, extension and revocation of administrative use permit. 17.128.010 Purpose. An Administrative Use Permit is intended to allow for public review of land use proposals which are not of sufficient magnitude or complexity to warrant a Planning Commission hearing, but which could have a noticeable impact on the neighborhood. Uses listed in the Zoning Code as requiring an Administrative Use Permit are deemed to possess location, use, building or traffic characteristics of such unique and special form as to make impractical or undesirable, their automatic inclusion as permitted uses. In granting an Administrative Use Permit, certain conditions may be required to protect the public health, safety, convenience, and general welfare and to assure that the purposes of the Zoning Code shall be maintained with respect to the location, use, building, traffic and other impacts of the proposed use and its relationship with other existing and proposed uses in the surrounding area. • 17.128.020 Applicability. Approval of an Administrative Use Permit is required to authorize proposed land uses specified by Article 2 (Zoning Districts, Allowable Land Uses and Zone- Specific Standards) as being allowable in the applicable zone when subject to the approval of an Administrative Use Permit. • 17.128.030 Application, filing and processing. The procedure set forth in Chapter 17.120 (Applications and Processing), Chapter 17.156 (Public Hearings and Administrative Review) and Chapter 17.160 (Appeal) shall constitute the procedure relating to Administrative Use Permits, except as otherwise specifically provided in this Chapter. 17.128.040 Findings and decision authority. An Administrative Use Permit may be issued only after a hearing before the Community Development Director of the City upon application. The Community Development Director shall also find that the establishment, maintenance or operation of the use so applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the immediate neighborhood, not be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the City. A. All of the following findings shall be made by the Community Development Director in conjunction with the approval of an Administrative Use Permit: TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 114 1. Approval of the application will not be incompatible or injurious to other properties or land uses in the vicinity or create conditions materially detrimental to the public health, safety and general welfare. 2. The use is consistent with the General Plan. 3. The use is consistent with the provisions of this Zoning Code. 4. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. 5. If development is provided for under the Administrative Use Permit, the project is consistent with the goals and objectives of the applicable standards and Design Guidelines in the overlying district. B. Referral to the Planning Commission. If the Community Development Director determines that there are unusual circumstances or special conditions related to an application, the Community Development Director may defer action and refer the application to the Planning Commission for final decision. 17.128.050 Conditions of approval. The Community Development Director has the authority to impose any additional conditions upon the Administrative Use Permit, which may be necessary or desirable to mitigate any potential impacts. The conditions may relate to use, height, area, yards, open spaces, • setbacks, parking, loading, signs, improvements, general character, appearance, time limits, revocation dates, and other conditions necessary to comply with the findings listed in Section 17.128.040 (Findings and decision authority) and all applicable site location, operation and development standards. L J 17.128.060 Expiration, modification, extension and revocation of administrative use permit. A. If the use authorized by any Administrative Use Permit is, or has been unused, abandoned or discontinued for a period of six (6) months or none of the conditions have been complied with. the Administrative Use Permit shall become null and void and of no effect. If any condition attached to a Administrative Use Permit is violated or if any law, statute or City ordinance is violated, the Administrative Use Permit and privileges shall be suspended; provided that the applicant has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days. Repeated violations of any of the conditions attached to an Administrative Use Permit may be grounds for revocation of the Administrative Use Permit. C. In the event that the operation of any part of a facility granted by Administrative Use Permit should result in substantial complaints to the Planning Division, and when staff investigation determines that the conditions as originally drafted are not sufficient to properly regulate the use, the conditions may be modified. D. For any revocation or modification of an Administrative Use Permit, as set forth in subsection B or C of this section, the Community Development Director shall follow the ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 1 15 \J revocation and modification provisions set forth in Chapter 17.168 (Revocations and Modifications). TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 1 16 10 Chapter 17.132 CONDITIONAL USE PERMITS Sections: 17.132.010 Purpose. 17.132.020 Applicability. 17.132.030 Application filing and processing. 17.132.040 Findings and decision authority. 17.132.050 Conditions of approval. 17.132.060 Expiration, modification, extension and revocation of conditional use permit. 17.132.010 Purpose. The purpose of a Conditional Use Permit is to provide for uses that have a potential for adverse impacts on surrounding properties, residents, or businesses. Therefore, when such uses are approved, conditions are placed on their establishment and operation to mitigate or eliminate such impacts to insure they are not detrimental to surrounding property. 17.132.020 Applicability. A Conditional Use Permit is required for all land uses that are necessary for the development of the community, but because of their nature cannot be classified as a permitted use and must be located, planned, and used in such a manner as not to be detrimental to the property abutting such uses and to the community as a whole. • 17.132.030 Application, filing and processing. The procedure set forth in Chapter 17.120 (Applications and Processing), 17.156 (Public Hearings and Administrative Review), and 17.160 (Appeals) shall constitute the procedure relating to Conditional Use Permits, except as otherwise specifically provided in this Chapter. • 17.132.040 Findings and decision authority. A Conditional Use Permit may be issued only after a public hearing before the Planning Commission of the City upon application. The Planning Commission shall also find that the establishment, maintenance or operation of the use so applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood thereof, not be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the City. All of the following findings shall be made by the Planning Commission in conjunction with the approval of a Conditional Use Permit: A. Approval of the application will not be or incompatible or injurious to other properties or land uses in the vicinity or create conditions materially detrimental to the public health, safety and general welfare. B. The use is consistent with the General Plan. C. The use is consistent with the provisions of this Zoning Code. D. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 117 • E. If development.is provided for under the Conditional Use Permit, the project is consistent with the goals and objectives of the applicable standards and Design Guidelines in the overlying district. 17.132.050 Conditions of approval. The Planning Commission and /or City Council have the authority to impose any additional conditions upon the Conditional Use Permit which it determines are necessary or desirable to mitigate any potential impacts. These conditions may address any pertinent factors affecting the operation of the use, and may include but are not limited to the following: A. Limitation on duration of use. B. Operating hours and days. C. Pedestrian and vehicular circulation. Provision for adequate pedestrian and vehicular circulation, parking facilities (including vehicular ingress and egress), and public transportation, if applicable; D. Regulation of nuisance factors. Regulation of nuisance factors including prevention of glare or direct illumination on adjacent lots, dirt, dust, erosion, gases, heat, noise, odors, smoke, soil contamination, trash, and vibration; E. Regulation of temporary structures. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including ' buffer areas and other yards; F. Landscaping and screening provisions; G. Waste collection, recycling, and /or disposal. Provision for solid, hazardous, and toxic waste collection, recycling, and /or disposal; H. Site maintenance; I. Lighting provisions (exterior and interior); J. Police /security and safety measures. Provision for police /security and safety measures, as appropriate; K. Signs. Regulation of signs in compliance with Chapter 17.116 (Signs); L. Indemnification agreement; M. Signed affidavit for acceptance conditions of approval; N. Compliance with applicable provisions. A requirement that the approval of the requested limited term permit is contingent upon compliance with applicable provisions of the Municipal Code and the successful granting of all required permits and licenses from any other department or governing agency; and • O. Other conditions. Other conditions that would ensure the operation of the use in an orderly and efficient manner, and in full compliance with the purpose of this section. TITLE 17 -ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 1 1$ 0 0 17.132.060 Expiration, modification, extension and revocation of conditional use permit. A Conditional Use Permit approved in compliance with the provisions of this Chapter shall continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this Chapter, except as follows: A. If the use authorized by any Conditional Use Permit is, or has been unused, abandoned or discontinued for a period of one (1) year six (6) meRths semplied with, the Conditional Use Permit shall become null and void and of no effect. B. If any condition attached to a Conditional Use Permit is violated or if any law, statute or City ordinance is violated, the Conditional Use Permit and privileges shall be suspended; provided that the applicant has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days. Repeated violations of any of the conditions attached to a Conditional Use Permit may be grounds for revocation of the conditional use permit. C. In the event that the operation of any part of a facility granted by Conditional Use Permit should result in substantial complaints to the Planning Division, and when staff investigation determines that the conditions as originally drafted are not sufficient to properly regulate the use, the conditions may be modified. D. For any expiration, revocation or modification of a Conditional use permit, as set forth in subsection B or C of this section, the Community Development Director shall SeRd notice Fits to the ^I ^ ..te of the perm t that the Go ssion intends to .oI orl'fi. the G .lit' .+I Use Pe m'f stating the ... ...le ...1 iRfGFM ng the graRtee of the time and shall follow the revocation and modification provisions set forth in Chapter 17.168 (Revocations and Modifications). TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 119 • Chapter 17 Sections: 17.136.010 17.136.020 17.136.030 17.136.040 17.136.050 136 SITE PLAN AND DESIGN REVIEW Purpose. Applicability. Review authority. Application requirements and review criteria. Issuance of other required permits and approvals 17.136.010 Purpose. Site Plan and Design Review procedures and standards provide for the comprehensive review of proposed development projects to: A. Assure orderly development and harmonious appearance of structures with associated site improvements (such as landscaping, parking areas, signs, etc.); B. Ensure that each new development is designed to best comply with the purpose and intent of the zoning district in which the property is located, and balance the rights of adjoining property owners regarding privacy, noise, light, health, and safety; C. Ensure compliance with the required standards, design guidelines, and ordinances of the City; minimize potential adverse effects on surrounding properties and the environment; and protect the integrity and character of the residential, commercial and public areas of the City; • D. Ensure the implementation of urban design policies and principles consistent with the City's General Plan; • E. Develop property in a manner that respects the physical and environmental characteristics of each site and will complement surrounding properties and maintain and protect property values and financial investments; F. Ensure the development of a circulation pattern that is safe and convenient for both pedestrians and vehicles; and G. Ensure the development will not be incompatible or injurious to other properties or land uses in the vicinity or create conditions materially detrimental to the public health, safety and general welfare. 17.136.020 Applicability. No building permit or any other type of construction permit shall be issued for any building structure or other development of property until a Site Plan and Design Review covering the parcel or parcels is approved as provided herein. Building permits and other construction permits may be issued only in accordance with such an approved plan, including the terms and conditions thereof. TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 120 . 17.136.030 Review authority. A. Discretionary review. Residential. A Discretionary Site Plan and Design Review by the Planning Commission shall be required for the following residential projects: a. Any new dwelling unit to be constructed that equals or exceeds two thousand five hundred (2,500) square feet of developed living area; b. Any addition to a dwelling unit in which the total floor area with the addition equals or exceeds two thousand five hundred (2,500) square feet of developed living area; c. Any fill that would raise the building pad or front yard elevation by more than twenty - four (24) inches above the natural grade; and d. The construction of a multi - family dwelling or apartment building in the R -3 zone 2. Non - residential. A Discretionary Site Plan and Design Review by the Planning Commission shall be required for the following non - residential projects: a. Any proposal to construct a new building of three thousand (3,000) gross square feet or more, or the addition of three thousand (3,000) square feet or more within a one year period, or an addition that exceeds fifty (50) percent of the existing gross floor area in the P -O, C -1, C -3, CBD, CI -MU, and M -1 zones; b. Any proposal to construct a building over the minimum numerical height requirement, to exceed the maximum by no more than five (5) feet if it is determined that the additional height would provide unique architectural elements that would enhance the project overall in the Commercial P -O, C -1, C -3, C -4, and CBD zones; and c. Any other development proposal where a discretionary site plan review is required by this Title. B. Administrative staff review. 1. Residential. An Administrative Site Plan and Design Review by Planning Division staff shall be required for the following residential projects: a. The construction of any single - family or two- family dwelling unit in the R -1, R -2, and R -3 zones that has a total developed living area of less than two thousand five hundred (2,500) square feet; A residential addition and modification to a single - family or two- family dwelling unit in the R -1, R -2, and R -3 zones, in which the total developed living area with the addition is less than two thousand five hundred (2,500) square feet. A modification to a residential structure shall include structural fagade improvements, front yard porches, and roof pitch changes; c. The installation of hardscape directly adjacent to a new or remodeled residential driveway; TITLE 17 -ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 121 E 9 d. The installation of a portable shade structure in the rear yard of a R -1 or R -2 lot; e. The installation of new fences and walls in a residential front yard; and f. The construction including expansion of square footage of any accessory structure, including patio covers, pools, and spas. g. Minor, non - structural repairs and mainte minor maintenance and repairs meet the exempt from an administrative site plan nonconforming residential structures (Nonconforming Uses and Structures). nance to existing structures provided such standards of the underlying zone shall be review. Minor repairs and maintenance to shall comply with Chapter 17.72 2. Non - residential. An Administrative Site Plan and Design Review by Planning Division staff shall be required for the following nonresidential projects: a. Notwithstanding the provisions of Chapter 17.28 (Overlay Zones), the construction of a new non - residential building with a total gross floor area less than three thousand (3,000) square feet; b. Any addition or modification to a non - residential structure in which the total gross floor area with the addition is less than three thousand (3,000) square feet. A modification to a nonresidential structure shall include structural fagade improvements, including window and door change outs when a building permit is required, and roof pitch changes; c. Other non - residential construction consisting of new fences and walls, new parking lot layout plans, new landscape planters, and signs. d. Minor, non - structural repairs, and maintenance to existing structures, parking lots, and landscape planters shall be exempt from an Administrative Site Plan Review, provided such minor maintenance and repairs meet the standards of the underlying zone. Minor repairs and maintenance to nonconforming non - residential structures shall comply with Chapter 17.72 (Nonconforming Uses and Structures). 17.136.040 Application requirements and review criteria. A. Discretionary site plan and design review. A Discretionary Site Plan and Design Review shall be subject to the design review application filing, processing and review criteria outlined in Chapter 17.28, Section 17.28.020 and the public hearing provisions in Chapter 17.156 (Public Hearings and Administrative Review). B. Administrative site plan and design review. Items requiring an Administrative Site Plan and Design Review shall be subject to the review and approval of the Planning Division staff. Each application for an Administrative Site Plan and Design Review shall be reviewed to ensure that the application is consistent with 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 completed application, staff shall review the design, location, site plan configuration, and the effect of the proposed development on surrounding development by comparing the project plans to TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 122 • the established development standards, regulations, and applicable design guidelines and policies. • 17.136.050 Issuance of other required permits and approvals. A. Permits for grading, structures, and uses. Upon approval Administrative Site Plan and Design Review permits may be issued for grading, structures, and uses. B. Grading shall not be started and no structure shall be altered, enlarged, erected, moved, or rebuilt subject to the provisions of this Chapter, except in compliance with the approved Site Plan and Design Review and the conditions imposed on the review. C. Expiration. Construction of improvements permitted by a Discretionary or Administrative Site Plan and Design Review approval shall be "exercised" or started 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. D. Extension. An extension of time for a Site Plan and Design Review maybe granted by the Community Development Director upon the written request of an interested person filed with the Community Development Department prior to the expiration of such twelve (12) months 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 Community Development Director finds the facts to be substantially as set forth and to constitute justifiable cause for such extension. If the Site Plan and Design Review was approved by the Planning Commission, then the Planning Commission shall consider the request for an 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. TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 123 0 Chapter 17.140 VARIANCES • Sections: 17.140.010 Purpose. 17.140.020 Applicability. 17.140.030 Application filing and processing. 17.140.040 Findings and decision authority. 17.140.050 Conditions of approval. 17.140.060 Expiration and extensions. 17.140.010 Purpose. The purpose of a Variance is to give the Planning Commission authority to allow an exception to certain development standards prescribed in the Zoning Code when practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this title occur by reason of a strict interpretation and enforcement of any of the provisions of this Title. 17.140.020 Applicability. A Variance is required for any development that is not consistent with applicable development standards or other regulations of this Title, with an exception of Minor Modifications, which are processed in accordance with Chapter 17.142. A Variance may not be used to permit a land use or activity, which is otherwise not permitted in the applicable zoning district. 17.140.030 Application filing and processing. The procedure set forth in Chapter 17.156 through 17.172 shall constitute the procedure relating to Variances, except as otherwise specifically provided in this chapter. 17.140.040 Findings and decision authority. A Variance may be granted only after a public hearing before the Planning Commission of the City held pursuant to Chapter 17.156. All acts of the Planning Commission or any City officers under the provisions of this Chapter, shall be construed as administrative acts performed for the purpose of this title shall apply in special cases, as provided in this Chapter, and shall not constitute amendments to the provisions of this Title or the Zoning Map. All of the following findings shall be made by the Planning Commission in conjunction with the approval of a Variance: A. There are special circumstances or conditions applicable to the subject property (such as location, shape, size, surroundings, topography, or other physical features, etc.) that do not apply generally to other properties in the vicinity under an identical zoning district; B. Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other property in the vicinity and under an identical zoning district; C. Approving the Variance would not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity and zone in which the subject property is situated; and TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 124 • D. The requested Variance would not allow a use or activity that is not otherwise expressly authorized by the regulations governing the subject parcel. 0 17.140.050 Conditions of approval. If a Variance is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents, or businesses. 17.140.060 Expiration and extensions. A. No permit or license shall be issued for any use involved in an application for a, Variance until it has become final by reason of the failure of any person to appeal or by reason of the action of the City Council. B. If the use authorized by any Variance is, or has been, unused, abandoned or discontinued for a period of one (1) year, or the conditions have not been complied with, said Variance shall become null and void and of no effect, unless by conditions of the Variance a longer period of time is allowed. C. An extension of a Variance may be granted by the Planning Commission upon the written request of the applicant filed with the Planning Commission prior to the expiration of a one (1) year period. Such request shall set forth reasons supported by factual data why the Variance has been unused, abandoned or discontinued or the conditions not complied with. No extension of any Variance shall be granted unless the Planning Commission finds the facts to be substantiated and to constitute justifiable cause for the extension. TITLE 17 -ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 125 • Chapter 17 Sections: 17.142.010 17.142.020 17.142.030 17.142.040 17.142.050 17.142.060 17.142.070 .142 MINOR EXCEPTION Purpose. Authority to approve. Application and fees. Hearing and notice. Investigation of application. Appeals from decision of Community Development Director. Decision on minor exception to be final prior to issuance of permit 17.142.080 Voiding of minor exception. 17.142.090 Extension of time. 17.142.010 Purpose. The purpose of a Minor Exception is to give the Community Development Director authority to allow an exception to certain development standards prescribed in the Zoning Code when practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this title occur by reason of a strict interpretation and enforcement of any of the provisions of this Title. 17.142.020 Authority to approve. A. The Community Development Director shall have the authority to grant, subject to appeals to the Planning Commission, minor exceptions as follows: Minor Exceptions of the rear yard, side yard, lot coverage, driveway, or parking stall size as may be necessary to secure an appropriate improvement of a lot to prevent unreasonable hardship or to promote uniformity of appearance, provided such exceptions do not exceed a twenty percent (20 %) exception from existing regulations. a. A Minor Exception request for the extension of nonconforming building walls with in a side yard side yard setback may be approved only where: 1) The square footage of any new encroachment into the setback does not exceed the square footage of the existing nonconforming, encroachment into the setback. 2) The resulting structure complies with the floor area, lot coverage, and other setback requirements of the zone in which it is located. 3) The minor exception shall be in compliance with all Building and Safety laws. 4) No previous variance or minor exception has been granted for an extension of the subject nonconforming wall. 5) The expansion area shall be defined by the extension of two or more existing exterior walls. Minor exception of fence, wall, hedge, sign, swimming pool, and storage regulations, including vehicles, boats, trailers, and campers, as may be necessary to secure an appropriate improvement or use of a lot, provided that such exceptions do not exceed a twenty percent (20 %) variation from existing regulations; 3. Reduction of other than ADA required accessible parking by two (2) spaces; but TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 126 • a. Not to exceed ten percent (10 %) of the total parking requirement; and b. Not to be used in combination with any other variance or exception or development standard modification to the parking requirements; and c. Not to be used to reduce the number of spaces required when new buildings or new parking areas are being constructed. 4. Any other Minor Exception authorized by the City of Rosemead Municipal Code pursuant to these provisions. The Community Development Director may, in his or her discretion, refer to the Planning Commission any application for a Minor Exception for the decision of the Planning Commission without further fee to the applicant. 6. All acts performed pursuant to the provisions of this chapter shall be construed as administrative acts performed for the purpose of assuring that the intent and purposes of this chapter shall apply in special cases and shall not be construed as amendments to the provisions of this Title or to the map adopted by the provisions of this Title. 17.142.030 Application and fees. A. Form. Applications for a Minor Exception shall be made in writing to the Community Development Department in such form as approved by the Department. The City shall develop an Application Checklist, which shall specify all information required to be provided by the applicant in order for such application to be considered complete. Applications filed pursuant to the provisions of this section shall be numbered consecutively in the order of their filing, and copies of all notices and actions pertaining to the application shall be attached thereto. B. Supplementary information. Applications for a Minor Exception shall be accompanied by the following: A reference to the provisions of this chapter from which such property is sought to be excepted; and Written consent to the Minor Exception from all property owners abutting the property, or a statement indicating which property owners refused to provide such consent and the reasons therefore if known. Written consent from all property owners shall only be a factor to be considered and does not divest the Community Development Director, the Planning Commission, or the City Council of the discretion to deny a Minor Exception application. 3. Fees. A fee shall be paid to the City upon the filing of each application for the purpose of defraying the expenditures incidental to the proceedings set forth in this subchapter in an amount established by the City Council, from time to time, by resolution. TITLE 17- ZONING ARTICLES - DEVELOPMENT APPLICATION PROCEDURES' 27 • 17.142.040 Hearing and notice. If the applicant has been unable to obtain the consent of all property owners as specified in Section 17.142.030.6.2 above, the Community Development Director shall hold a hearing on the application. Such hearing shall be held not less than ten (10) days nor more than forty (40) days after submittal of a complete application. Not less than ten (10) days before the date of such hearing, notice shall be given by mailing, postage prepaid, to the owners of all property abutting the exterior boundaries of the subject property. • 17.142.050 Investigation of application. The Community Development Director shall cause to be made such investigations of the facts bearing upon such applications as will serve to provide all the necessary information to assure that the action on each such application is consistent with the intent of the provisions of this subchapter and with previous amendments, variances, and Minor Exceptions. 17.142.060 Appeals from decision of Community Development Director. Appeals from decisions of the Community Development Director shall be made in writing directly to the Planning Commission in accordance with the provisions set forth in Chapter 17.260 (Appeals). 17.142.070 Decision on minor exception to be final prior to issuance of permit. No permit or license shall be issued for any use or construction involved in an application for a Minor Exception until the decision on such application shall have become final by reason of the expiration of the time to make an appeal. 17.142.080 Voiding of minor exception. If for a period of six (6) months any use or construction authorized by any Minor Exception is, or has been, unused, abandoned, or discontinued, or the conditions have not been complied with, such Minor Exception shall become null and void and of no effect. 17.142.090 Extension of time. An extension of time for any Minor Exception maybe granted by the Community Development Director upon the written request of an interested person fled with the Community Development Department prior to the expiration of a six (6) months period. Such request shall set forth the reasons, supported by factual data of why the minor variance has been unused, abandoned, or discontinued, or the conditions not complied with. No extension of time for any Minor Exception shall be granted unless the Community Development Director finds the facts to be substantially as set forth and to constitute justifiable cause for such extension. If the original Minor Variance was granted after an appeal to the Planning Commission, then the Planning Commission shall consider the request for an 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. TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 128 • Chapter 17.144 REASONABLE ACCOMMODATIONS • Sections: 17.144.010 17.144.020 17.144.030 17.144.040 17.144.050 17.144.060 17.144.070 Purpose. Applicability. Administration. Review and determination. Required findings. Conditions of approval. Appeals. 17.144.010 Purpose. These regulations are intended to provide a formal procedure for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the "Acts') to request reasonable accommodation in the application of the city's land use regulations and to establish relevant criteria to be used when considering such requests. A. This Chapter is intended to apply to those persons who are defined as disabled under the Acts. B. This Chapter is intended to provide for minor structural modifications and /or regulatory exceptions. Nothing in these sections shall be interpreted to require the City to waiver or reduce development or building fees associated with the granting of a reasonable accommodation request. 17.144.020 Applicability. A request for reasonable accommodations may be made by any person with a disability, their representative, or any entity, when the application of a zoning law or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities. 17.144.030 Administration. A. Requesting reasonable accommodation. A disabled person (or his or her representative) who requests a reasonable accommodation in the form of a modification in the application of a zoning requirement or prohibition that might otherwise act as a barrier to fair housing opportunities due to the disability of the applicant may do so by submitting a letter to the Community Development Director and paying any fees. The letter shall contain the following information: 1. The applicant's name, address, telephone number, and e-mail address; 2. Address of the property for which the request is being made; 3. The current actual use of the property; 4. The basis for the claim that the individual is considered disabled under the Acts; TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 1 2g • 5. The zoning code provision, regulation, or policy from which reasonable accommodation is being requested; L J 6. Why the reasonable accommodation is necessary to make the specific property accessible to the individual. B. If an individual needs assistance in making the request for reasonable accommodation, the Community Development Director will make every effort to provide the assistance necessary to ensure that the process is accessible to the applicant. C. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including, but not limited to, a conditional use permit, design review, general plan amendment, zoning change, annexation, and the like), then the applicant shall file the information required by this section together for concurrent review with the application for discretionary approval. 17.144.040 Review and determination. A. The Community Development Director shall have the authority to consider and act on requests for reasonable accommodation. The Community Development Director may approve, conditionally approve, or deny a request. Approvals are subject to the applicant agreeing to comply with all other applicable zoning or building regulations. The determination shall be made in writing. The determination shall be based on the ability to make the required findings as set forth below. B. Rather than act on a request for reasonable accommodation, the Community Development Director may refer the application to the Planning Commission for consideration. The Planning Commission may approve, conditionally approve, or deny a request. Approvals are subject to the applicant agreeing to comply with all other applicable zoning or building regulations. If the matter is referred to the Planning Commission, notice for a public hearing shall be given as required by Chapter 17.156 (Public Hearings and Administrative Review). The determination shall be based on the ability to make the required findings as set forth below. C. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review. The determination shall be based on the ability to make the required findings as set forth below. 17.144.050 Required findings. The following findings must be analyzed, made and adopted before any action is taken to approve, conditionally approve or deny a request for reasonable accommodation, and must be incorporated into the record of the proceeding relating to approval, conditional approval or denial: A. The housing, which is the subject of the request, will be used by a person with a disability as defined under the Acts; TITLE 17 -ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 130 • B. The request for reasonable accommodation is necessary to make specific housing available to a person with a disability as defined under the Acts; C. The requested reasonable accommodation would not impose an undue financial or administrative burden on the City; D. The reasonable accommodation would not require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning; E. The impact on surrounding uses does not negatively impact the public health, safety, and welfare; F. The physical attributes of and any proposed changes to the subject property and structures are necessary and appropriate; G. There are no alternative reasonable accommodations which may provide an equivalent level of benefit and greater adherence to the Code; H. The reasonable accommodation would not result in a concentration of uses not otherwise allowed in a residential neighborhood, to the detriment of the residential character of that neighborhood. 17.144.060 Conditions of approval. A. In granting a request for reasonable accommodation, the reviewing authority may impose • any conditions of or for approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by Section 17.144.040. B. Conditions may be imposed to ensure that any removable structures or physical design features that are constructed or installed in association with the reasonable accommodation be removed once those structures or physical design features are unnecessary to provide access to the dwelling unit for the current occupants. C. Any approval or conditional approval of an application under Chapter may be conditioned to provide for its rescission or automatic expiration under appropriate circumstances. • 17.144.070 Appeals. The decision of the Community Development Director or the Planning Commission may be appealed as set forth in Chapter 17.160 (Appeals). TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 131 • Chapter 17.148 DEVELOPMENT AGREEMENTS Sections: 17.148.010 Purpose. 17.148.020 Applicability. 17.148.030 Application filing and processing. 17.148.040 Findings and decision authority. 17.148.050 Content of development agreement. 17.148.060 Execution and recordation. 17.148.070 Periodic review. 17.148.080 Amendment or cancellation of development agreement. 17.148.010 Purpose. In order to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic cost of development, the Legislature of the State of California adopted Section 65864 et. seq. of the Government Code, authorizing local governments to enter into Development Agreements with applicants for development projects. The objective of such an agreement is to provide assurances that, upon approval of the project, the applicant may proceed with the project in accord with existing policies, rules, and standards, subject to the conditions of approval, thus vesting certain development rights in the property. The purpose of this chapter is to establish procedures and requirements for consideration of Development Agreements by the City consistent with state law. • 17.148.020 Applicability. The City may enter into a Development Agreement with any person having a legal or equitable interest in real property for the development of the property as provided in this Title. The City shall, upon request of an applicant, by resolution or ordinance, establish procedures and requirements for the consideration of Development Agreements upon application. by, or on behalf of, the property owner or other person having a legal or equitable interest in the property. • 17.148.030 Application, filing, and processing. A. City staff shall not begin to negotiate with the applicant until the City Council has so authorized staff, following completion of the pre - application process as set forth below. B. The Planning Division shall review the proposal, consult with all City departments, obtain such additional information from the applicant as may be deemed necessary by the City Manager, and shall, within forty -five (45) days of receipt of the proposal, prepare a staff report containing the Department's recommendation to the City Council. C. The recommendation shall consist of the following: A statement of potential public benefits for the City if the agreement were entered into, as identified by the Community Development Director; 2. A recommendation whether the City should negotiate further with the applicant, with supporting arguments; TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 132 • 3. A statement of issues for further research and investigation, and issues which should be addressed in the Development Agreement; and 4. A statement of those documents, applications and other items required by the Community Development Director in order to further process the application or negotiate with the applicant. D. Upon receipt of the recommendation of the Community Development Director, the report shall be set for a public hearing before the City Council at its next regularly scheduled meeting. The City Council shall consider at the hearing whether to authorize City staff to negotiate with the applicant concerning the Development Agreement. The public hearings shall be held pursuant to Chapter 17.156 (Public Hearings and Administrative Review), which is in accordance with Section 65090 and 65091 of the Government Code. E. Upon the close of the hearing, the City Council shall either: 1. Direct City staff, by written resolution, to begin negotiating with the applicant, and to prepare a proposed Development Agreement for Planning Commission review; or 2. Determine that no further negotiations are desirable and so state in a written resolution, including the reasons for such a determination, and reject the application. F. The Planning Division shall, at the applicant's expense and in accord with City procedures for implementation of CEQA, undertake environmental review and, upon completion of such • review, transmit the application, together with the recommendations thereon, to the Planning Commission. 11 17.148.040 Findings and decision authority. A Development Agreement is a legislative act that shall be approved by ordinance and is subject to referendum. A. Planning Commission. Upon receipt of an application, the results of the environmental review, and the recommendations of the staff, the Planning Commission shall schedule a public hearing pursuant to Chapter 17.156 (Public Hearings and Administrative Review). The Planning Commission hearing shall be scheduled for six (6) months following City Council authorization to staff to negotiate with the applicant, unless the City and the applicant mutually agree to a later date. 2. Notice of intention to consider the application shall be given as provided in Sections 65090 and 65091 of the Government Code. In addition, if the application is being processed together with the development project, notice of such intention shall be given as required for consideration of the development project. 3. After the public hearing is closed, the Planning Commission shall determine whether the agreement is consistent with the General Plan, shall recommend either approval, modification, or disapproval of the proposed Development Agreement. TITLE 17 -ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 133 0 B. City Council. 1. Upon receipt of the application, the results of the environmental review, and the recommendations of the Department and the Planning Commission, the City Council shall schedule a public hearing on the application pursuant to Chapter 17.156 (Public Hearings and Administrative Review). 2. If the application is being processed together with the development project, the public hearing on the application may be held concurrently with the hearing on the project. C. All of the following findings shall be made by the City Council in conjunction with the approval of a Development Agreement: 1. The agreement is consistent with the General Plan and with any Specific Plan. 2. The agreement is consistent with the provisions of this Zoning Code. 3. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. 4. That the City Council has considered the fiscal effect of the Development Agreement on the City and the effects on the housing needs of the region in which the City is situated and has balanced these needs against the public service needs of its residents and • available fiscal and environmental resources. 5. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. • 6. That the agreement will not be detrimental to the health, safety and general welfare; and will not adversely affect the orderly development of property. 17.148.050 Content of development agreement. The Development Agreement shall contain the following: A. A legal description of the property sought to be covered by the agreement; B. A statement of concurrence in the application by the owner if the applicant is not the fee owner; C. A description of the proposed uses, height and size of building(s), density or intensity of use, and provision for reservation or dedication of land for public purposes; D. A statement of terms and conditions relating to applicant financing of public facilities and required improvements; E. All proposed conditions, terms, requirements for subsequent City discretionary actions; TITLE 17- ZONING ARTICLES - DEVELOPMENT APPLICATION PROCEDURES 134 • F. A statement specifying which rights are intended to vest on the effective date of the agreement, and the timing and sequence of subsequent discretionary approvals and vesting of rights; G. The proposed time when construction would be commenced and completed for the entire project and any proposed phases; H. The termination date for the agreement; I. A map showing the location and street address of the property that is the subject of the amendment and of all lots of record within three hundred (300) feet of the boundaries of the property; J. A list, drawn from the last equalized property tax assessment roll, showing the names and addresses of the owner of record of each lot within three hundred (300) feet of the boundaries of the property; K. A statement documenting that the project is consistent with the General Plan and all applicable specific plans; and L. Such other information as the Community Development Director may require by policy or to satisfy other requirements of law. 17.148.060 Execution and recordation. • Any approval of a proposed agreement shall authorize the Mayor and the City Administrator to sign the agreement on behalf of the City, and shall become effective after thirty (30) days following the second reading, unless a referendum is filed within that time. • 17.148.070 Periodic review. A. All Development Agreements shall be reviewed by the Community Development Director at least once every twelve (12) months, unless the agreement provides for more frequent review, in which case the agreement shall prevail. The purpose of the review shall be to inquire into the good faith compliance of the applicant with the terms and conditions of the agreement and for any other purpose specified in the agreement. Upon a finding by the Community Development Director that substantial compliance has not been achieved, the matter shall be referred for review by the City Council. C. Any modification or termination is subject to the provisions of Section 17.148.080, below. 17.148.080 Amendment or cancellation of development agreement. Any Development Agreement may be amended, or canceled in whole or in part, by mutual consent of the applicant (or its successor in interest) and the City, or it may be modified or terminated pursuant to the provisions of Section 17.148.070, above. Any significant amendment shall be subject to the provisions of the Government Code, Section 65867.5. Any Development Agreement that is amended or modified shall be subject to those rules, standards, and official policies in force at the time of the execution of the agreement. TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 135 • Chapter 17.150 SPECIFIC PLANS Sections: 17.150.010 Purpose. 17.150.020 Applicability. 17.150.030 Required specific plan contents. 17.150.040 Initiation. 17.150.050 Authority for adoption. 17.150.060 Adoption procedure. 17.150.070 Fees and charges. 17.150.010 Purpose. The purpose of this Chapter is to provide regulations for review of development in those areas of the City for which a Specific Plan has been adopted pursuant to Government Code Section 65450 and Government Code Section 65453. 17.150.020 Applicability. A. This Chapter shall apply to all lands which have been zoned "SP" and for which a specific plan has been adopted in accord with the provisions of that specific plan. B. Where the provisions of this Title and the provisions of the adopted specific plan differ, the provisions of the specific plan shall prevail. • C. Where the provisions of this Title and the provisions of a development agreement adopted to implement a specific plan differ, the provisions of the development agreement shall prevail. D. Any regulation, standards, or procedure of this Title that is not addressed by the specific plan's regulations, standards, or procedures, shall be applicable to the area governed by the specific plan. 17.150.030 Required specific plan contents. A. State law specifies the mandatory specific plan contents pursuant to §65451. Each Specific Plan shall list the land uses that may be allowed within the zoning districts established by the Specific Plan, determine the type of land use permit/approval required for each use, and provide standards for site layout and building size. B. Development standards. Uses shall conform to the development standards, conditions and any special restrictions contained in the adopted specific plan and any amendments thereto; provided, however, that if the specific plan lacks one or more standards, the applicable standards from the zoning classification which most closely fits the land use assigned to the site shall be utilized. C. The zone shall be applied only upon a finding that the specific plan of land use contains definitive development standards and requirements relating to land use, density, lot size and shape, siting of buildings, setbacks, circulation, drainage, landscaping, architecture, water, • TITLE 17 -ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 136 • sewer, public facilities, grading, maintenance, open space, parking, and other elements deemed necessary for the proper development of the property. • 17.150.040 Initiation. Adoption of, or amendment to, a specific plan relating to land use may be initiated by the City or by submittal of a Master Plan. When initiated by a master plan, the person shall file a petition with the City and pay a filing fee as required in Chapter 17.120 of this Title. 17.150.050 Authority for adoption. Planning and Zoning Law, Title 7 of the Government Code of the State of California, provides for the preparation and adoption of specific plans to effectuate the General Plan. 17.150.060 Adoption procedure. The adoption of, or amendments to, specific plans shall be adopted pursuant to Chapter 17.156 (Public Hearings and Administrative Review). 17.150.070 Fees and charges. The City Council shall adopt fees by resolution which defray, but do not exceed, the cost of preparation, adoption and administration of the specific plan. TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 137 10 • ARTICLE 6 ADMINISTRATION AND ENFORCEMENT Chapter 17.152 GENERAL PLAN, ZONING MAP AND ZONING CODE AMENDMENTS Sections: 17.152.010 Purpose. 17.152.020 Initiation of changes and amendments. 17.152.030 Processing, notice, and hearings. 17.152.040 Planning Commission action. 17.152.050 Council action. 17.152.060 Findings. 17.152.070 Effective dates. 17.152.010 Purpose. A. General Plan. The purpose of the comprehensive General Plan is to express the City's development goals, embody public policies and programs relative to the distribution of future land uses. The provisions of this Section shall be fully consistent and in full compliance with Section 65350 et seq of the State Government Code and all provisions shall be so construed. B. Zoning Map and Zoning Code. • The purpose of this Chapter is to provide the procedures for the amendment of the Zoning Map and Zoning Code in conformance with the comprehensive General Plan. Zoning implements the General Plan; it separates a community into districts, or "zones" that regulate land uses and the intensity of development. The provisions of this Chapter shall be fully consistent and in full compliance with Section 65853 et seq of the State Government Code and all provisions shall be so considered. 17.152.020 Initiation of changes and amendments. Adoption of, or amendment to the City's General Plan, Zoning Map and Zoning Code, including changes to the text or any map or diagram may be initiated by the Planning Commission or the City Council, whenever the public necessity, convenience, general welfare or good zoning practice justifies such action. The Planning Commission or City Council may initiate upon its own motion, or upon the verified application of the owner of property in the City or the owner's agent (with notarized authorization from the owner) on said owner's property, or of a public or private agency that is or will be a plaintiff in eminent domain with respect to property affected by such zoning or regulation. 17.152.030 Processing, notice, and hearings. A. Application filing and processing. 1. If initiated by the filing of an amendment application, the application shall be processed in compliance with Chapter 17.120 (Applications and Processing). TITLE 17 - ZONING ARTICLE 6- ADMINISTRATION AND ENFORCEMENT, 1 0 2. The application shall include the information and materials specified in the Department handout for amendment applications, together with the required fee in compliance with the Planning Fee Schedule. 3. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17. 152. 060 (Findings), below. B. Timing of General Plan Amendments. The mandatory elements of the General Plan may be amended up to four (4) times in a single calendar year, as authorized by and subject to the provisions of Government Code Section 65358. C. Public hearings required. The Planning Commission and Council shall each conduct one (1) or more public hearings regarding the amendment. D. Notice and hearing. Notice of the public hearings shall be provided and the hearings shall be conducted in compliance with Chapter 17. 156 (Public Hearings and Administrative Review) and as specified in Government Code Sections 65353, 65355, 65854, and 65856. 17.152.040 Planning Commission's action. A. Recommendation to Council. 1. All amendments. After the public hearing, the Planning Commission shall forward a written recommendation, and reasons for the recommendation, to the City Council whether to approve, approve in modified form, or deny the proposed amendment, based on the findings identified in Section 17. 152. 060 (Findings), below. 2. Recommendation for approval of Zoning Code or Zoning Map Amendments. A recommendation for approval or approval in modified form of a Zoning Code or Zoning Map amendment shall require only a majority vote. 3. Recommendation for approval of General Plan Amendments. A recommendation for approval or approval in modified form of a General Plan Amendment shall require the affirmative vote of not less than a majority of the total voting members in compliance with Government Code Section 65354. B. Denial by Planning Commission. 1. A recommendation against the proposed amendment shall require only a majority vote. 2. The action of the Planning Commission to deny an amendment shall be final and conclusive unless, within ten (10) days following the date of the Planning Commission's action, an appeal is filed with the City Clerk in compliance with Chapter 17. 160 (Appeals) and as specified in Government Code Sections 65354. 5 and 65856. 17.152.050 Council's action. A. Approval. TITLE 17 - ZONING ARTICLE 6- ADMINISTRATION AND ENFORCEMENT, 2 1. All amendments. Upon receipt of the Planning Commission's recommendation to approve, or approve in modified form, the proposed amendment, the City Council shall conduct a public hearing and either approve, approve in modified form, or deny the proposed amendment based on the findings identified in Section 17. 152. 060 (Findings), below. 2. Approval of Zoning Code or Zoning Map Amendments. The action by the Council to approve the Planning Commission's recommendation regarding a Zoning Code or Zoning Map Amendment shall be by a majority vote of the members present, adopted by ordinance, and shall be final and conclusive. 3. Approval of General Plan Amendments. The action by the Council to approve the Planning Commission's recommendation regarding a General Plan amendment shall require the affirmative vote of not less than a majority of the total voting members in compliance with Government Code Section 65356, adopted by resolution, and shall be final and conclusive. B. Referral to Planning Commission. If the Council proposes to adopt a substantial modification(s) to the amendment not previously considered by the Planning Commission, the proposed modification shall be first referred to the Planning Commission for its recommendation, in compliance with Government Code Sections 65356 and 65857. • 2. Failure of the Planning Commission to report back to the Council within the time limits identified in Government Code Sections 65356 and 65857 following the referral shall be deemed approval by the Planning Commission of the proposed modification(s). • 17.152.060 Findings. Amendments to this Zoning Code, the General Plan, or the Official Zoning Map may be approved only if all of the following findings are first made, as applicable to the type of amendment. A. Findings for General Plan amendments. 1. The amendment is internally consistent with all other provisions of the General Plan. 2. The proposed amendment will not be detrimental to the public interest, health, safety, convenience or welfare of the City. 3. The affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located. B. Findings required for all Zoning Code and Zoning Map Amendments. TITLE 17 - ZONING ARTICLE 6 - ADMINISTRATION AND ENFORCEMENT 3 • 1. The proposed amendment is consistent with the General Plan and any applicable specific plan; and 2. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. 3. Additional finding for Zoning Code Amendments. The proposed amendment is internally consistent with other applicable provisions of this Zoning Code. 4. Additional finding for Zoning Map Amendments. The affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and /or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located. 17.152.070 Effective dates. A. General Plan. A General Plan amendment shall become effective immediately upon the adoption of a resolution by the City Council. B. Zoning Code and Zoning Map. A Zoning Code or Zoning Map amendment shall become effective on the 30'" day following • the adoption of an ordinance by the City Council. • TITLE 17 - ZONING ARTICLE 6- ADMINISTRATION AND ENFORCEMENT 4 Chapter 17.156 PUBLIC HEARINGS AND ADMINISTRATIVE REVIEW Sections: 17.156.010 Purpose. 17.156.020 Notice of public hearings and administrative review. 17.156.030 Scheduling of hearing. 17.156.040 Hearing procedure. 17.156.050 Decision and notice. 17.156.010 Purpose This Chapter provides procedures for public hearings required by this Zoning Code. When a public hearing is required, advance notice of the hearing shall be given, and the hearing shall be conducted, in compliance with this Chapter. 17.156.020 Notice of public hearings and administrative review. When this Zoning Code requires a noticed public hearing before a decision on a permit or for another matter, the public shall be provided notice of the hearing in compliance with Government Code Sections 65090, 65091, 65094 and 66451.3, and Public Resources Code 21000 et seq. , and as required by this Chapter. A. Content of notice. • Notice of a public hearing shall include all of the following information, as applicable. 1. Hearing information. The date, time, and place of the hearing and the name of the review authority; a brief description of the City's general procedure concerning the conduct of hearings and decisions (e.g., the public's right to appear and be heard); and the phone number and street address of the Department where an interested person could call or visit to obtain additional information. F 2. Project information. The date of filing of the application and the name of the applicant; the City's file number assigned to the application; a general explanation of the matter to be considered; and a general description, in text and/or by diagram, of the location of the property that is the subject of the hearing. Statement on environmental document. If a proposed Negative Declaration, Mitigated Negative Declaration, or final Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines, the hearing notice shall include a statement that the review authority will also consider approval of the proposed Negative Declaration or Mitigated Negative Declaration, or certification of the final Environmental Impact Report, as applicable. Method of notice distribution. Notice of a public hearing required by this Chapter for a planning permit, amendment, appeal, or other approval shall be given as follows, as required by Government Code Sections 65090 and 65091. TITLE 17 - ZONING ARTICLE 6- ADMINISTRATION AND ENFORCEMENT, 5 • 1. Mailing. Notice shall be mailed or delivered at least ten (10) days before the scheduled hearing to the following: a. Project site owner(s) and the applicant. The owner(s) of the property being considered in the application or the owner's authorized agent, and the applicant. b. Local agencies. Each local agency expected to provide roads, schools, sewage, streets, water, or other essential facilities or services to the property which is the subject of the application, whose ability to provide those facilities and services may be significantly affected. c. Affected owners. All owners of real property, as shown on the latest adopted tax roll of the County, located within a radius of three hundred (300) feet of the exterior boundaries of the parcel that is the subject of the hearing. d. Persons requesting notice. Any person who has filed a written request for notice with the Community Development Director and has paid the required fee for the notice. e. Other person(s). Any other person(s), whose property might, in the judgment of the Community Development Director, be affected by the proposed project. 2. Alternative to mailing. If the number of property owners to whom notice would be mailed in compliance with Subparagraph EA., above is more than one thousand (1,000), the Community Development Director may choose to provide the alternative notice allowed • by Government Code Section 65091(a)(4). 3. Publication and posting. • a. Publication. Notice shall be published at least once in a newspaper of general circulation in the City at least ten (10) days before the scheduled hearing. b. Posting. Notice shall be posted at least ten (10) days before the scheduled hearing in at least three (3) public places within the City, including one (1) public place in the area affected by the proceeding. c. Additional notice. In addition to the types of notice required above, the Community Development Director may provide any additional notice with content or using a distribution method (e.g., posting on the City's website, on -site sign) as the Community Development Director determines is necessary or desirable. 17.156.030 Scheduling of hearing. After the completion of the appropriate environmental document required by the California Environmental Quality Act (CEQA) and a Department Staff report, a matter requiring a public hearing shall be scheduled on the next available agenda (Community Development Director, Planning Commission, or Council, as applicable) reserved for public hearings, but no sooner than any minimum time period established by State law. 17.156.040 Hearing procedure. A. Time and place of hearing. TITLE 17 - ZONING ARTICLE 6- ADMINISTRATION AND ENFORCEMENT 6 . A hearing shall be held at the date, time, and place for which notice was given. B. Continued hearing. Any hearing may be continued from time to time without further notice; provided, the chair of the hearing body announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing. C. Deferral of final decision. The review authority may announce a tentative decision, and defer their action on a final decision until appropriate findings and /or conditions have been prepared. 17.156.050 Decision and notice. A. Decision. The review authority may announce and record its decision on the matter being considered at the conclusion of a scheduled hearing, or defer action and continue the matter to a later meeting agenda in compliance with Section 17. 156. 040 (Hearing Procedure), above. 2. At the conclusion of a hearing conducted by the Community Development Director, the Community Development Director may instead refer the matter to the Planning Commission for review and final decision. 3. The decision of the City Council on any matter shall be final and conclusive. • B. Notice of decision. 1. Provision of notice. Following the final decision on an application for a permit or other approval required by this Zoning Code, the City shall provide notice of its final action to the applicant, property owner /owner's representative, and to any person who specifically requested notice of the City's final action. • Contents of notice. The notice of the final decision shall contain applicable findings, conditions of approval, reporting /monitoring requirements deemed necessary to mitigate any impacts and protect the public convenience, health, interest, safety, or general welfare of the City, and the procedure for appeal. TITLE 17 - ZONING ARTICLE 6- ADMINISTRATION AND ENFORCEMENT 7 • Chapter 17.160 APPEALS AND REQUESTS FOR REVIEW Sections: 17.160.010 Purpose. 17.160.020 Council review. 17.160.030 Planning Commission review. 17.160.040 Appeals of decisions. 17.160.050 Filing and processing of appeals. 17.160.060 Request for review. 17.160.010 Purpose. The purpose of an appeal is to establish procedures for the initiation of a request for review of a decision rendered by the approval body with decision authority on the issue in question. 17.160.020 Council review. Any discretionary action by the Planning Commission may be appealed to the City Council in compliance with the provisions of this Section. 17.160.030 Planning Commission review. Any discretionary action by the Community Development Director may be appealed to the Planning Commission in compliance with the provisions of this Section. 17.160.040 Appeals of decisions. • A. Decisions, either with or without conditions, of an application before the Community Development Director shall be final unless within ten (10) days after the decision by the Community Development Director, the applicant, any member of the Planning Commission or City Council, or any other person aggrieved by such decision, shall appeal in writing to the Planning Commission by filing an appeal with the Community Development Department. • B. Decisions, either with or without conditions, of an application before the Planning Commission shall be final unless within ten (10) days after the decision by the Planning Commission, the applicant, any member of the City Council or any other person aggrieved by such decision, shall appeal in writing to the City Council by filing an appeal with the City Clerk. 17.160.050 Filing and processing of appeals. A. Required documents. An appeal shall be in writing and contain the grounds for the appeal, how the approval body failed to conform to the requirements of this Title and the description of the grounds. B. Scope of planning permit appeals. An appeal of a decision on a planning permit shall be limited to the issues raised at the public hearing, or in writing before the hearing, or information that was not known at the time of the decision that. is being appealed. C. The appeal shall be accompanied by a fee in the amount set by City Council resolution, except in the case of an appeal filed by a member of the Planning Commission or City Council. TITLE 17 - ZONING ARTICLE 6 - ADMINISTRATION AND ENFORCEMENT 8 • D. Report and scheduling of hearing. Public hearing requirements. If the original approving action did not require a public hearing, the appeal review shall not require a public hearing. If the original approving action required a public hearing, the appeal review shall also require a public hearing. 2. When an appeal has been filed, a report shall be prepared on the matter, including all of the application materials in question, and the matter shall be scheduled for a public hearing by the appropriate review authority within forty (40) days of filing of the appeal. 3. Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 17.156 (Public Hearings and Administrative Review). 4. Any interested party may appear and be heard regarding the appeal. E. Decision. During the appeal hearing, the issues that may be raised and considered by the review authority are not limited to those raised by the appellant, and may include any aspect of the proposed project, whether or not originally considered as part of the decision being appealed. The review authority may: a. Affirm, affirm in part, or reverse the action, determination, or decision that is the subject of the appeal, based upon findings of fact about the particular case. The • findings shall identify the reasons for the action on the appeal, and verify the compliance or noncompliance of the subject of the appeal with this Zoning Code. b. Adopt additional conditions of approval, which may address the issues or concerns other than the subject of the appeal. 2. If new or different evidence is presented on appeal, the Planning Commission or Council may refer the matter to the Community Development Director or Planning Commission, as applicable, for further consideration. 3. In the event of a tie vote by the review authority on an appeal, the decision being appealed shall stand. 4. Provision of notice of decision. a. Following the final decision on an application for a permit or other approval required by this Zoning Code, the City shall provide notice of its final decision to the appellant, applicant, property owner /owner's representative, and to any person who specifically requested notice of the City's final action. The notice of the final decision shall contain applicable findings, conditions of approval, and the reporting /monitoring requirements deemed necessary to mitigate any impacts and protect the public convenience, health, interest, safety, or general welfare of the City. • 17.160.060 Request for Review. TITLE 17 - ZONING ARTICLE 6- ADMINISTRATION AND ENFORCEMENT 9 • Any City Council person, based on his /her responsibility to the electorate, may file with the City Clerk a 'Request for Review" (RFR) of any decision made by the Planning Commission. • A. Such RFR shall be filed within ten (10) days of the decision by the Planning Commission, as a no fee filing, together with a statement that such RFR is not indicating support for or opposition to such decision, but is filed because the filer believes that such decision involves a matter of such interest, import, precedent or significance that such decision should as a matter of policy and planning be made by elected officials. Upon the timely filing of an RFR, the decision of the Planning Commission shall be suspended until the RFR is determined by the City Council; and the City Clerk shall immediately: 1) notify the Council, Planning Commission, applicant and all who appeared at the Planning Commission meetings with regard thereto; and 2) set the matter for hearing before the City Council for final determination. C. Except as set forth in this section, the procedures of an RFR shall be the same as those for an appeal, as indicated in this Chapter. TITLE 17 - ZONING ARTICLE 6- ADMINISTRATION AND ENFORCEMENT 10 • Chapter 17.164 ENFORCEMENT Sections: 17.164.010 Purpose. 17.164.020 Permits and approvals. 17.164.030 Enforcement responsibility. 17.164.040 Inspections. 17.164.050 Violations. 17.164.060 Initial enforcement action. 17.164.070 Legal remedies. 17.164.080 Remedies are cumulative. 17.164.090 Enforcement of title provisions. 17.164.010 Purpose. This Chapter establishes provisions that are intended to ensure compliance with the requirements of this Zoning Code and any conditions of planning permit approval, to promote the City's planning efforts, and for the protection of the public health, safety, and welfare of the City. 17.164.020 Permits and approvals. All departments, officials, and public employees of the City who are assigned the authority or duty to issue certificates, licenses, or permits shall comply with the provisions of this Zoning • Code. A. Permits which are in conflict with this zoning code. Certificates, licenses, or permits for uses or structures that would be in conflict with the provisions of this Zoning Code shall not be issued. • B. Permits deemed void. Any certificate, license, or permit issued in conflict with the provisions of this Zoning Code shall be void and of no effect. 17.164.030 Enforcement responsibility. It shall be the duty of the City Manager, or any person, department or agency designated by him to enforce the provisions of this title. 19.164.040 Inspections. Authorized to enter defined areas. For the purpose of necessary investigations and inspections, the City Manager or any person, department or agency designated by him to enforce the provisions are hereby authorized to enter upon the following defined areas of private property within the City: A. Any area which is open to the public generally; B. Any area which is visible and accessible from the public street and which is not fenced or locked or otherwise physically arranged in a manner as to evidence an intent to prohibit entry; TITLE 17 - ZONING ARTICLE 6 - ADMINISTRATION AND ENFORCEMENT 11 • C. Any area which is used as common area by persons residing or staying in structures located upon the property, unless the area is fenced or locked or otherwise physically arranged in a manner as to evidence an intent to prohibit entry; and D. Any area where the privacy of an individual would not be violated by entry. Any person who interferes or refuses with the right of entry granted by this Section shall be guilty of a misdemeanor. 17.164.050 Violations. A. Any use of land or structures operated or maintained contrary to the provisions of this Zoning Code and any structure constructed or maintained contrary to the provisions of this Zoning Code are hereby declared to be a violation of this Zoning Code and a public nuisance. B. The violation of any required condition imposed on a permit or approval shall constitute a violation of this Zoning Code and may constitute grounds for revocation or modification of the permit in compliance with Chapter 17. 168 (Revocations and Modifications). 17.164.060 Initial enforcement action. This Section describes the procedures for initiating enforcement action in cases where the City Manager or any person, department or agency designated by him to enforce the provisions has determined that real property within the City is being used, maintained, or allowed to exist in violation of the provisions of this Zoning Code. It is the objective of these provisions to encourage the voluntary cooperation of responsible parties in the prompt correction of • violations, so that the other enforcement measures provided by Chapter 1.16 (General Penalty), Chapter 1.20 (Administrative Citations), and this Chapter may be avoided. • A. Notice to responsible parties. The City Manager or any person, department or agency designated by him to enforce the provisions shall provide the record owner of the subject site and any person in possession or control of the site with a written Notice of Violation, which shall include the following information: 1. A description of each violation and citations of applicable Zoning Code provisions being violated; 2. A time limit for correcting the violation(s) in compliance with Subsection B. , below; 3. A statement that the City intends to issue an administrative citation in accordance with Chapter 1. 20 (Administrative Citations) or enforce penalties outlined in Chapter 1. 16 (General Penalty), if violation(s) are not corrected within the time limit permitted; and B. Time limit for correction. 1. The Notice of Violation shall state that the violation(s) shall be corrected within fourteen (14) days from the date of the notice to avoid further enforcement action by the City, unless the responsible party contacts the City Official who originally issued the Notice of Violation within that time to arrange for a longer period for correction. TITLE 17 - ZONING ARTICLE 6- ADMINISTRATION AND ENFORCEMENT, 12 • 2. The 14 -day time limit may be extended by the City Official upon a showing of good cause. 3. The City Manager or any person, department or agency designated by him to enforce the provisions may also require'through the Notice of Violation that the correction shall occur within less than fourteen (14) days if the Code Enforcement Officer determines that the violation(s) constitutes a hazard to public health or safety. 17.164.070 Legal remedies. The City may choose to undertake any one or all of the following legal actions to correct and /or abate any nuisances or violation(s) of this Zoning Code. A. Injunction. The City Attorney, upon order of the Council, may apply to the Superior Court for injunctive relief to terminate a violation(s) of this Zoning Code. B. Abatement proceedings. Where any person fails to abate a violation(s) after being provided a Notice of Violation in compliance with this Chapter and /or being issued an Administrative Citation in accordance with Chapter 1. 20 (Administrative Citations), the City Attorney, upon order of the Council, shall apply to the Superior Court for an order authorizing the City to undertake actions necessary to abate the violation(s) and require the violator to pay for the cost of the actions. C. Nuisance abatement. The City may pursue any remedies or enforcement action(s), as provided in the Municipal Code for the abatement of a nuisance. • 17.164.080 Remedies are cumulative. A. Cumulative, not exclusive. All remedies contained in this Zoning Code for the handling of violations or enforcement of the provisions of this Zoning Code shall be cumulative and not exclusive of any other applicable provisions of City, County, or State law. • B. Other remedies. Should a person be found guilty and convicted of an infraction or misdemeanor for the violation of any provision(s) of this Zoning Code, or any permit or approval issued in compliance with this Zoning Code, the conviction shall not prevent the City from pursuing any other available remedy to correct the violation(s). 17.164.190 Enforcement of title provisions. It shall be the duty of the City Manager, or any person, department or agency designated by him to enforce the provisions of this title. All departments, officials, public employees and agencies of the City, contractual or otherwise, vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this title and shall issue no permit or license for uses, buildings or purpose in conflict with the provisions of this title; and any such permit or license issued in conflict with the provisions of this title shall be null and void. The provisions of this title shall be interpreted and administered by the Planning Commission whose inspectors or authorized representatives shall have the right to enter upon any premises affected by this title for purposes of inspection. TITLE 17 - ZONING ARTICLE 6- ADMINISTRATION AND ENFORCEMENT 13 • Any building or structure erected or maintained, or any use of property, contrary to the provisions of this title shall be and the same is hereby declared to be unlawful and a public nuisance and upon direction by the City Council, the City Attorney shall take such steps, and shall apply to such court as may have jurisdiction to grant such relief as will abate or remove such building, structure or use and restrain and enjoin any person, firm or corporation from erecting or maintaining such building or structure, or using any property contrary to the provisions of this title. This title may also be enforced by injunction issued out of the Superior Court upon the suit of the City or the owner or occupant of any real property affected by such violation or prospective violation. This method of enforcement shall be cumulative and in no way affect the penal provisions thereof. • • TITLE 17 - ZONING ARTICLE 6- ADMINISTRATION AND ENFORCEMENT, 14 • Chapter 17.168 REVOCATIONS AND MODIFICATIONS Sections: 17.168.010 17.168.020 17.168.030 17.168.040 17.168.050 Purpose. Revocations. Modifications. Findings to modify or revoke Hearing and notice required. 17.168.010 Purpose. This Chapter provides procedures for securing necessary modification or revocation of previously approved permits or approvals. 17.168.020 Revocations. The City's action to revoke a permit or approval, instead of modification, shall have the effect of terminating the permit or approval and denying the privileges granted by the original approval. 17.168.030 Modifications. The City's action to modify a permit or approval, instead of revocation, may include conditioning any operational aspect of the project, including buffers, duration of the permit or entitlement, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, or any other aspect/condition determined to be reasonable and necessary to ensure that the permit or approval is operated in ,• a manner consistent with the original findings for approval. 17.168.040 Findings to modify or revoke. A. Permits. • A Conditional Use Permit, Administrative Use Permit, or other City planning permit or approval (except a Variance or Minor Modification, see Subsection B., below) may be modified or revoked by the review authority (e.g. Community Development Director, Planning Commission, or City Council) that originally approved the permit, if the review authority first makes any one of the following findings: a. Circumstances under which the permit or approval was granted have been changed by the applicant to an extent that one or more of the findings that justified the original approval can no longer be made, and the public health, safety, and welfare require the modification or revocation; b. The permit or other approval was granted, in whole or in part, on the basis of a fraud, misrepresentation, or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the permit or approval; c. One or more of the conditions of the original permit or approval have not been substantially fulfilled or have been violated and /or the permit is in violation of any statute, ordinance, law or regulation; TITLE 17 - ZONING ARTICLE 6- ADMINISTRATION AND ENFORCEMENT, 15 • d. An improvement authorized in compliance with the permit or approval is in violation of any applicable code, law, ordinance, regulation, or statute; or e. The improvement/use allowed by the permit or approval has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a nuisance. B. Variances and Minor Exceptions. A Variance or Minor Exception may be modified or revoked by the review authority which originally approved the Variance or Minor Exceptions, if the review authority first makes any one of the following findings, in addition to any one of the findings specified in Subsection A, above: a. Circumstances under which the original approval was granted have been changed by the applicant to a degree that one or more of the findings contained in the original approval can no longer be made in a positive manner, and the grantee has not substantially exercised the rights granted by the Variance or Minor Exceptions; or b. One or more of the conditions of the Variance or Minor Exception have not been met, or have been violated. 17.168.050 Hearing and notice required. A. Hearing. • 1. The appropriate review authority shall hold a public hearing to modify or revoke a permit or approval granted in compliance with the provisions of this Zoning Code. The hearing shall be noticed and conducted in compliance with Chapter 17.156 (Public Hearings and Administrative Review). Ten (10) days before the public hearing, notice shall be mailed or delivered to the applicant for the permit or approval being considered for modification or revocation, and /or owner of the property for which the permit or approval was granted. The only exception to the 10 -day notice provision shall be for Temporary Use Permits which, because of their short term nature, shall only require a 24 -hour notice. B. Mailing of notice. 1. Notice shall be deemed delivered two (2) days after being mailed through the United States Postal Service, postage paid, or by some other method providing for proof of delivery, to the owner as shown on the County's current equalized assessment roll and to the project applicant, if not the owner of the subject property. TITLE 17 - ZONING ARTICLE 6- ADMINISTRATION AND ENFORCEMENT, 16 r� u 0 0 11 Comprehensive Zoning Code Update Summary of Change City of Rosemead Planning Division June 2013 0 ARTICLE 1 PURPOSE AND APPLICABILITY OF ZONING CODE Article 1 contains Chapter 17.04 (General Provisions). This revised chapter provides an overview of the purpose an applicability of the Zoning Code. Significant changes proposed in this chapter include a new section for "Interpretation of Provisions" and more zoning and land use definitions. The following is a summary of these changes: Section 17.04.040 Interpretation of Provisions This new procedure will allow the Community Development Director to make interpretations of the Zoning Code as policy decisions, upon following the specific standards. Interpretations would be distributed to the City Council, Planning Commission, City Attorney, City Clerk, and all affected staff when made. Any interpretation can be appealed to the Planning Commission. An interpretation can also be referred to the Planning Commission. The application of this new provision could include permitting a proposed land use that is not • identified in the Zoning Code if the use is substantially similar to a use that is permitted. Section 17.04.050 (Definitions — neneral) New Definitions Beauty shop Drive - Through or Drive -Up • Accessory Structure Bedroom Facilities • Accessory Use Berm Driveway • Acupuncture Body Art Easement • Alcohol Sales, Off -Sale Body Art Establishment Eating and Drinking • Alcohol Sales, On -Sale Body Branding Establishments (Accessory • Ambulance Fleet Services Body Scarring Food Service, Bars, • Animal Hospital/Clinic Breezeway Lounges, Nightclubs, • Animal Grooming Business and Business Taverns, Fast Food, • Animal Retail Sales Activity Outdoor Dining, Sit -Down • Apartment studio Car Wash Restaurant, and Take -Out • Architectural Feature Catering Service Service) • Assembly/Meeting Facilities, Chief of Police Eave Public or Private Commercial Recreation Emergency Health Facility • Automated Teller Machine Community Development Emergency Shelter (ATM) Director Equipment Rental Yard • Attic Conditional Use Permit Fagade • Automobile Car Wash Convenience Store Family • Automobile Lube and Tune Corner Cutoff Area Farmers' Market Facility Cottage Food Operation Financial Service or • Automobile Parts and Cultural Institution Institution Accessory Store Day Care, Limited and Fence • Automobile Rental or General Floor Leasing Child Day Care, Small and Floor Area • Automobile Repair Garage Large Family Fortunetelling Bar /Cocktail Lounge Disability Frontage • Basement Discretionary Permit Funeral Homes and • Beauty Health /Spa Donation Box Mortuaries Draft — Summary of Change — Rosemead Zoning Code Update 2013 2 r�L Draft — Summary of Change — Rosemead Zoning Code Update 2013 3 General Plan Parks and Recreation Swimming Pool • Glare Facilities Tandem Parking Stall Government Facilities Parkway Tot Lot • Grade, Existing Patio Transitional Housing • Grade, Finished Patio Cover Tutoring Services (Large • Group Home Personal Services Business and Small) • Hardscape (General and Restricted) Urgent Care Facility • Health /Fitness Facilities Personal Storage (Mini- Utilities (Large and Small) Storage or Self- Storage, Vending Machine • Hedge Indoor Only) Veterinary Services (Animal • Height of Fence or Wall Pharmacy Hospital/Clinic • Heliport Places of Assembly Wall • Helistop Places of Religious Warehouse Retail Store • Homeowners Association Assembly Warehousing • Home Occupation Planning Commission or Wholesaling • Horticulture (Commercial or Commission Wireless Communications Private) Pool and Billiard Hall Facilities • Industry (Light and Heavy) Porte - Cochere Modified Definitions • Intemet/Cyber Cafe Postal Services Animal Boarding/Kennels • Kitchen Printing and Duplicating Arcade • Landscaping Services Building Height • Laundry and Dry Cleaning Public Facility Dwelling Services (Off -Site, On -site, Queuing Space Dwelling Unit (Multi- Family, and Self- Service) Radio/TV Broadcast Primary, Single - Family, • Lot Coverage Studios/Recording Studios, Second, Two-Family) • Lot Line (Front, Interior, rear Film TV Studios Educational Institute Side Reasonable Accommodation Floor Area Ratio • Lot Width Request Garage • Manufactured Housing Unit Recharging Station Hospital • Massage (Massage Recreational Vehicle (RV) Lot Width, Average Establishment Recycling Facility Nonconforming Structure • Mezzanine (Processing Facility) Nonconforming Use • Medical Use Research and Development Recycling Facility (Small • Ministerial Residential Care Facility and Large Collection • Mixed Use Development Residential Use Facility) • Mobile Housing Unit (Mobile Retail Store Use Home) School, Business or Trade Yard (Yard Area, Required • Mobile Home Park Screened Yard Area, Side, Rear, • Office (Administrative Secondhand Store Front) Business Professional, Setback (Front Yard, Removed Definitions Government, Medical and Primary Building Line, Rear Automobile Auction Dental) yard, and Side Yard) Boarding House • Open Space Shopping Center Carport • Outdoor Storage Single Room Occupancy Dwelling, Group • Outdoor Use and Display (SRO) Large Collection Facility • Outpatient Surgery Facility Specialty Retail (C-4 Mini Mall Project • Overhang zone) Mobile Recycling Unit • Pad, building Specific Plan Occupancy, Change of • Parapet Storage (Accessory, Occupied • Parking, Joint Use Outdoor, Personal Storage Recyclable Material • Parking, Shared Facility) Story, Half • Parking Space (Garage Structurally Altered. Trailer Parking, Off- Street, On- Studio - Art, Dance, Martial Trailer, Travel Street) Arts, Music Trailer park • Parking Structure Supermarket r�L Draft — Summary of Change — Rosemead Zoning Code Update 2013 3 . ARTICLE 2 ZONING DISTRICTS, ALLOWABLE LAND USES AND ZONE - SPECIFIC STANDARDS Article 2 establishes all zoning districts, their allowed uses, and district development standards to implement the uses of land established by the General Plan. The districts are identified on the Zoning Map and the various zones correspond to the General Plan Land Use Plan map and land use categories. The density of residential uses and intensity of non - residential use allowed within the various zones is no greater than allowed by the Land Use Element of the General Plan. Article 2 is the heart of the Zoning Code and each of the other Articles of the code are directly related. Each zone has a list of allowed uses and the majority of those uses are defined in Article 1, Section 17.04.050 (Definitions — general). Uses are either allowed by right or are subject to discretionary review such as an Administrative Use Permit (AUP) or Conditional Use Permit (CUP). If a particular use is not listed in the tables, it is not allowed unless the Community Development Director finds (i.e. interprets) that an unlisted use is similar to a listed use. All discretionary permit processes are defined in detail in Article 5 (Land Use and Development Application Procedures). • Allowed Land Uses and Development Standards The specific entries within the various land use tables are based upon current zoning regulations, the purpose of each zone and its corresponding land use category of the Land Use Element of the General Plan, related policies of General Plan, and the locations of the various zones and their unique relationships with their surroundings. Other factors influenced the entries within the allowed use tables including a desire to simplify the process wherever possible, to maintain consistency with any applicable State laws, and to avoid creating nonconforming uses where possible. The allowed use tables also contain references to speck use regulations that are located Within Article 3 (Standards for Special Uses and Structures) as a way to highlight for the reader additional regulations for that listed use. Each of the zones also has base development standards that are listed in several tables. Those standards include minimum lot dimensions, density, minimum setbacks, lot coverage limits, floor area limits, structure height, and open space among others. In many cases, specific dimensions, areas, percentages or ratios appear. In other cases, there is a reference to a separate Chapter or Section where the standards can be found when those standards are too complex to appear within the development standard tables. • As with the allowed use tables, the development standards are based upon current zoning regulations so as to avoid creating nonconformities. Where new standards were necessary for Draft — Summary of Change — Rosemead Zoning Code Update 2013 4 • new zones, entries were based upon existing standards for similar uses within existing zoning classifications. The most noteworthy changes related to new uses and development standards that have been added are outlined below. CHAPTER 17.08 ESTABLISHMENT OF DISTRICTS AND GENERAL REQUIREMENTS Section 17.08.050.1 Flexible Variable Height Requirement. Variable height is an existing height requirement that is imposed as an additional height requirement for commercial construction adjacent to residential properties. Historically the City's variable height requirement has been considered too restrictive to commercial developers. It has been argued that the current standard impacts creative design and economic feasibility. A less restrictive, and nicely illustrated, variable height requirement is proposed. CHAPTER 17.12 RESIDENTIAL ZONING DISTRICTS Residential - Land Use Changes • Single - Family Dwellings and Two - Family Dwellings (Duplexes) will be permitted in the R- 3 (Medium Multiple Residential) zone. • Mobile Home Parks will require approval of an Administrative Use Permit in the R -1, R -2, and R -3 zones. • • Small Family Child Care Home, (8 or fewer children) will be permitted in the R -1, R -2, and R -3 zones. • Large Family Child Care Home (9 -14 children) will require the approval of an Administrative Use Permit in the R -2 and R -3 zones. • Residential Care Facilities (6 or fewer individuals) will be permitted in the R -1, R -2, and R -3 zones. • Residential Care Facilities (7 or more individuals) will require the approval of a Conditional Use Permit in the-R-2 and R -3 zones. • Transitional Housing will be permitted in the R -3 zone. • Temporary Uses and Special Events will be subject to the approval of an administrative permit. • Home Occupations will include Cottage Food Operations. The following uses will no longer be allowed upon the approval of a Conditional Use Permit in residential zones: • Airports or aircraft landing fields; • Institutions of a philanthropic or charitable nature; • Golf courses and country clubs; • Storage facilities; • Wholesale nurseries • Draft- Summary of Change - Rosemead Zoning Code Update 2013 5 • • The installation and/or use of equipment utilizing cogeneration. ( "Cogeneration" means the sequential use of energy for the production of electrical and useful thermal use followed by power production or the reverse); • Hospitals, sanitariums and ancillary uses; and • Medical clinics for the treatment of contagious diseases, mental illnesses, or substance abuse (liquor, drugs, etc.) cases. RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS Residential Development Standards • Minimum lot area per unit is reduced from 4,500 square feet to 3,630 square feet per unit in R -2 zone for General Plan consistency. • Minimum lot area per unit is reduced from 5,000 square feet to 1,450 square feet in R -3 zone for General Plan consistency. • A minimum of 20% of the entire R -1 and R -2 parcels shall be landscaped with plant materials. Any other portions of the lot can be any other type of landscape material. • Total floor area of the second floor, including areas designated as covered or uncovered balconies, shall not exceed 75% of the floor area of the first floor. For this calculation, floor area of the first floor shall only include the first floor living area, and any floor area designated as garage floor area if the garage is attached. CHAPTER 17.16 COMMERCIAL ZONING DISTRICTS Commercial - Land Use Changes • • Mufti- Family housing will not be permitted in the P -O (Professional Office) zone. • Open Air Markets held on a recurring basis, such as farm or craft markets, may be permitted upon the approval of a Conditional Use Permit in the C -3 and CBD zones. • Outlet centers are permitted in the C -3 zone. • Warehouse retail stores are permitted in the C -3 upon the approval of a Conditional Use Permit. • Outdoor dining (up to 800 square feet) is permitted as an accessory use and will not require the additional parking requirements of an eating establishment. • Several Automotive - related uses, such as Automobile Repair, Auto Auctions, Auto part installation will no longer be allowed in the C -3 zone with the approval of a Conditional Use Permit. • Automotive Lube and Tube facilities will be allowed upon the approval of a Conditional Use Permit in the C -3 zone. • Fortune telling will require the approval of an Administrative Use Permit in the C -3 zone. The use is currently allowed as a permitted use. • Massage services will require the approval of an Administrative Use Permit in the C -3 zone. The use is currently allowed as a permitted use. • Antique stores will be permitted in the C -1, C -3, and CBD zones. • Automotive parking facilities will be permitted upon the approval of a Conditional Use • Permit in the C -3 and CBD zones. The current code did not list this use. Draft — Summary of Change — Rosemead Zoning Code Update 2013 6 • Small tutoring facilities for not more than five students will be permit in the P -O, C -3, and CBD zones. Currently all types of tutoring facilities require a Conditional Use Permit. • Health fitness facilities and Art, Dance, Music, and Martial Arts Studios (up to 2,000 square feet) will be permitted upon approval of an Administrative Use Permit in the C -3 and CBD zones. Larger facilities will require the approval of a Conditional Use Permit. Commercial - Development Standards • Development standards, such as lot area minimums and setback requirements have been added to all commercial zones. The current code did not contain any such requirements. • Through the application of a discretionary Site Plan and Design Review application in accordance with the provisions in Article 5, Chapter 17.136, the Planning Commission may allow the numerical height requirement, indicated as maximum feet in this section, to exceed the maximum by no more than five (5) 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. (Section 17.030.A.3 - Exceptions to Height Limit) • A new restriction is proposed on the division of space. Each lease space must comply with a minimum 800 square foot standard. • A discretionary design review will be required for any proposal to construct a new building of 3,000 gross square feet or more; or the addition of 3,000 square feet of more within a one year period, or an addition that exceeds fifty (50) percent of the existing • floor area. All other proposals (smaller buildings and additions and interior tenant improvements) will only require staff review. The current code limits discretionary design review to improvements made within the Design Overlay zone. CHAPTER 17.20 COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS Commercial and Industrial - Land Use Changes • Currently any use permitted in a commercial zone is also permitted in the M -1 zone. The Zoning Code Update proposes to limit the uses in the CI -MU and M -1 zones to career oriented, research and development, office, and industrial uses. • The CI -MU zone is a new zone that will allow heavy commercial and quasi - industrial uses. Commercial retail uses will only be permitted as an accessory use. Commercial and Industrial Zones - Development Standards • Development standards, such as lot area minimums and setback requirements have been added to the CI -MU and M -1 zones. The current code did not contain such requirements. • A discretionary design review will be required for any proposal to construct a new building of 3,000 gross square feet or more; or the addition of 3,000 square feet of more within a one year period, or an addition that exceeds fifty (50) percent of the existing floor area. All other proposals (smaller buildings and additions and interior tenant improvements) will only require staff review. The current code limits discretionary • design review to improvements made within the Design Overlay zone. Draft - Summary of Change - Rosemead Zoning Code Update 2013 7 • CHAPTER 17. 24 SPECIAL PURPOSE ZONING DISTRICTS Special Purpose Zones - Land Use Changes • Automobile Parking (P) zone has been updated to provide for specialized facilities that serve a critical but single purpose need for automobile parking. • Planned Development (P -D) zone has been revised to clarify that institutional uses are permitted, in addition to commercial and residential uses. Special Purpose Zones - Development Standards • Development standards, such as lot area minimums and setback requirements have been added to the P and O -S zones. The current code did not contain any such requirements. • The Planned Development approval process has been simplified. Only two public hearings will be required instead of three. • The open space percentage requirements in the P -D zone have been eliminated for flexibility, and language defining when a PD plan becomes expired, null, and void has been redefined for clarity. CHAPTER 17.28 OVERLAY ZONES Overlay Zones - Land Use Changes • Mixed -use projects in the RCMUDO (residential commercial mixed -use overlay zone • will only require the approval of the Planning Commission. Currently, such projects require City Council approval upon receiving a recommendation of approval from the Planning Commission. Draft- Summary of Change - Rosemead Zoning Code Update 2013 8 0 ARTICLE 3 REGULATIONS FOR SPECIAL USES AND STRUCTURES Article 3 (Regulations for Special Uses and Structures) provides development standards and in some cases operational standards for twenty -three (23) different uses. Some of the uses and correlating standards are existing standards that were just reorganized into this particular Article. Chapter 17.30 (Standards for Speck Land Uses) contains standards for the following uses noted below. A summary is provided where noteworthy changes are proposed. • Adult Businesses (Section 17.30.030) • Alcohol Beverage Sales (Section 17.30.040) Currently, the sale of alcohol requires a Conditional Use Permit and is subject to findings required for the issuance of the permit outlined in Chapter 17.112, Section 17.112.100 (Alcoholic Sales - Permit issuance conditions). The proposed code provides new operational controls for all alcohol sales, in addition to the required findings for approval. These new standards will cover sales activities, litter and graffiti, security, mandatory sales training by the California Department of Alcoholic • Beverage Control for business owners, operators or managers, conditions of approval, public telephones, and signage. • Automated Teller Machines (ATMs) And Walk -Up Bank Services (Section 17.30.050) • Automobile Car Wash (Full Service And Self-Service) (Section 17.30.060) • Automotive Lube And Tune Facility (Section 17.30.070) • Automotive Service Station (Section 17.30.080) • Body Art (Section 17.30.090) The current Zoning Code does not provide operational control standards for Body Art establishments. The update proposes to permit such establishments by right in the M -1 zone subject to specific development controls relating to health and safety measures and hours of operation. Establishments where tattoos, piercings or removal of tattoos are performed by board-certified medical or dental personnel within an office as part of a medical or dental procedure are exempt from these provisions. Also, piercings involving only the outer perimeter or lobe of the ear using a pre - sterilized single use stud and clasp ear - piercing system performed as an ancillary use in conjunction with a permitted primary use are exempt from the requirements. • Donation Boxes -Outdoor (Section 17.30.100) The current Code does not contain provisions for outdoor charitable donation boxes. • These are generally bins measuring no more than eight feet wide by eight feet long Draft - Summary of Change - Rosemead Zoning Code Update 2013 9 • and eight feet high, and they are established as an accessory use to a primary use for the purpose of providing a collection location for donated clothes, shoes, and small household items. Such facilities generally are established by a charitable or non - profit organization. Standards are proposed to address placement and maintenance. Draft - Summary of Change - Rosemead Zoning Code Update 2013 10 • Drive - Through Or Drive -Up Facilities. (Section 17.30.110) The current Code does not contain provisions for drive - through or drive -up facilities. Standards are proposed to ensure that the facilities are designed and operated to effectively mitigate problems of congestion, excessive pavement, litter, noise, pedestrian safety, traffic, and unsightliness. • Emergency Shelters And Temporary Aid Centers. (Section 17.30.120) State law requires local jurisdictions to identify a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit. The identified zone or zones must have sufficient capacity to meet all of the City's identified needs for emergency shelter and include appropriate development standards. Currently emergency housing is not a permitted use in any zones within the City. Therefore, the Zoning Code proposes the M -1 zone as the most appropriate for emergency shelters and adequate to meet the City's need for a facility with a capacity for seven (7) beds. Furthermore, Temporary Aid Shelters will be permitted as an accessory use to any "Assembly /Meeting Facility." • Hotels And Motels. (Section 17.30.130) • • Internet Caf6 And Game Arcades. (Section 17.30.140) Currently, game arcades require a Conditional Use Permit and they are subject to operational controls and findings required for the issuance of the permit outlined in Chapter 17.112, Section 17.112.090. The proposed update includes Internet Cafes and provides additional standards, such as location limitations and stricter security provisions. For example, it is proposed that no Internet or Cyber Cafes or Game Arcade use shall be established or maintained within a 500 -foot radius, as measured from the property line, of any park, school, other intemet caf6 /arcade, or a public playground. • Karaoke KTV Studios. (Section 17.30.150) • Large And Small Family Day Care Facilities. (Section 17.30.160) A Small Family Child Day Care Home is a day care facility located in a single - family dwelling where an occupant of the dwelling provides care and supervision for eight (8) or fewer children. A Large Family Day Care Home provides care and supervision for nine (9) to fourteen (14) children. Children under the age of ten (10) years who reside in the dwelling count as children served by the day care facility. Such uses must comply with all applicable State regulations to be considered a Small or Large Family Child Care Home. The update proposes to permit a Small Family Child Day Care Home in the R -1, R -2, and R -3 zones. Large Family Day Care Home facilities would be permitted upon the approval of an Administrative Use Permit in the R -2 and • R -3 zones. Draft - Summary of Change - Rosemead Zoning Code Update 2013 10 • • Outdoor Dining. (Section 17.30.170) The current Zoning Code does not contain provisions for outdoor dining. It has been Planning Division policy to require parking for outdoor dining areas, regardless of the amount of area dedicated to such use. Land studies have shown that requiring additional parking for outdoor dining discourages restaurants and other food establishments from creating outdoor pedestrian environments, which are goals for the City outlined in the Valley Boulevard and Garvey Avenue Master Plans. For this reason, the update proposes to require additional parking when the outdoor seating exceeds 50% of the gross interior floor area of the restaurant, as outlined in the off - street parking requirements in Article 4, Chapter 17.112. The provisions in Article 3, Section 17.30.170 propose placement and separation standards when areas are located near public rights -of -way and when alcohol is served. • Recycling Facilities. (Section 17.30.180) The current code provides standards for recycling facilities in Chapter 17.12, Section 17.12.220. Minor revisions are proposed for the location and operation of small and large commercial facilities in accordance with State law. • Second Dwelling Units. (Section 17.30.190) • Single Room Occupancy (SRO). (Section 17.30.200) Single -room occupancy units, or SROs, provide housing for one or two people with minimal space and amenities. The zoning ordinance makes no specific mention of • single -room occupancy establishments. To implement the Housing Element of the General Plan, the update proposes to allow SRO developments upon the approval of a Conditional Use Permit in the C -3, CBD, and M -1 zones. Article 3 also contains individual chapters covering specific uses and structures that are either applicable to all zones or require a separate chapter due to the amount of detail of standards required for these matters. Separate chapters have been created for the following uses and structures. • Chapter 17.32 (Accessory Structures) The current zoning code contains provisions for accessory structures within each of the zoning districts. The update proposes to combine all provisions into one chapter. This new chapter covers permit requirements, accessory structures in residential zones, accessory structures in non - residential zones, and provisions for solid waste and recyclable materials storage areas. • Chapter 17.36 (Condominiums and Condominium Conversions) The current zoning code contains development standards for condominiums in Chapter 17.88. Revisions in this section are proposed to improve the land use planning of such developments. • Chapter 17.42 (Mobile Homes and Manufactured Housing) • The current code provides standards and requires a discretionary design review for mobile homes and manufactured housing in Chapter 17.92. However, State law Draft - Summary of Change - Rosemead Zoning Code Update 2013 11 • mandates that this housing type be subject to the same zoning standards of other residential uses. The update proposes that a manufactured housing unit be considered a single- family dwelling and be subject to the Residential District Development Standards identified in Chapter 17.12 (Residential Zoning Districts). • Chapter 17.46 (Mobile Home Parks and Park Conversions) The current code contains provisions for Mobile Home Parks and Park Conversions in Chapters 17.96 and Chapter 17.98. The update combines these chapters and refers development standards to State requirements for compliance with State law. • Chapter 17.64 (Wireless Telecommunication Facilities) • • Draft — Summary of Change — Rosemead Zoning Code Update 2013 12 0 ARTICLE 4 SUPPLEMENTAL STANDARDS Article 4 contains the eleven (11) chapters. These chapters are indicated below, and notations have been made where notable changes and additions are proposed. • Chapter 17.68 (Fences, Walls, And Landscape Screening) Revisions proposed related to fencing include design standards to improve the aesthetic quality of private properties in the City. Examples of such revisions include standards for the screening of mechanical equipment and type of fence materials permitted. New standards related to fencing prohibit the use of barbed or razor wire, electrified wire, chicken wire and similar small gauge wire or mesh product, plastic, and chain -link fencing or other materials hazardous to wildlife in both residential and non - residential zones. • Chapter 17.72 (Nonconforming Uses, Structures, Lots and Parking Facilities) The Zoning Code Update proposes to eliminate the original abatement clauses that were not enforceable in the current code and replace them with clear standards for the purpose of encouraging the continued improvement of the City by limiting the extent to which nonconforming structures and uses may continue to be used, expanded, or • replaced, while allowing for improvements to their appearance. Most cities have termination and abatement clauses ranging from 90 days for some nonconforming uses and up to 50 years for nonconforming structures depending on the use and structure type. The City of Rosemead currently has a termination and abatement clause, but it was never enforced because there were no clear provisions to implement the process. The revised standards are intended to be business friendly and not detrimental to the economic vitality of the community, while providing a process to eliminate nonconforming uses, especially if they become detrimental to a neighborhood. Examples of the revisions include: • Maintaining the existing abandonment or discontinuance of use clause: A nonconforming use that has been abandoned or has been discontinued for a period of one (1) year shall not be reestablished and any subsequent reuse or any new use established shall conform to the current provisions of this Title. • Maintaining the existing change of use clause: A nonconforming use that is changed, or replaced by a conforming use shall not be reestablished. • Adding a new provision for existing Variances and Conditional Use Permits in effect: No use, building, or structure shall be defined as nonconforming for the purpose hereof, where it was previously authorized by a zone variance or conditional use permit, so long as the use, building, or structure conforms with the terms and conditions of the variance or conditional use permit. The variance or conditional use permit must be validly issued and remain unrevoked and unexpired. Draft - Summary of Change - Rosemead Zoning Code Update 2013 13 • • Adding a new provision for loss of legal nonconforming status: The right to continue a nonconforming use shall terminate when it is determined to be a public nuisance. • Adding a provision to allow beautifying improvements to legal nonconforming structures: Allowing alterations and additions to nonconforming structures that are nonconforming due to setbacks, height, or other similar development standard may be enlarged provided that there is no intensification of the nonconforming setback. • Adding new provisions for structures that are nonconforming due to lack of parking. The current Zoning Code contains a list of uses that can occupy a structure if the nonconformity is only due to lack of parking. However, the list is limited and contains numerous outdated uses. The Zoning Code Update proposes that any structure that is nonconforming due to parking be allowed to change to another use so long as the new use is permitted in the zoning district and the new use does not require any more parking than the current use within the structure. • Creation of Exceptions for Single - Family Residential Land Uses in Non - Residential Zones. This section has been added to allow all properties zoned non- residential that were previously zoned residential to maintain some development rights under residential zoning as long as the site is not developed as non - residential. The exception would allow property owners to maintain rights • to build, rebuild, and expand under the R -1 zone designation. Properties will lose their ability to build or rebuild if the site is developed as non - residential. Furthermore, any residential development that does not conform to the R -1 floor area ratio and density limitations would not qualify. • Chapter 17.76 (Outdoor Sales And Garage Sales) This new chapter is proposed to provide a permit process for any business in the C -1, C- 3, Cpl, CBD, CI -MU, and M -1 zones seeking to establish an outdoor display of merchandise. The Chapter also includes existing standards for garage sales on residential property. The administrative application process for Outdoor Sales on non- residential property requires the submittal of a site plan, photos, and other exhibits as may be required to properly evaluate the request along with an application fee in an amount to be determined by resolution of the City Council. The application process requires the applicant to include the days of the week, hours, and number of weeks per year for which the application is requested. Outdoor displays are geared toward retail establishments, and when planned carefully, encourage pedestrian friendly environments, as well as promoting successful businesses through the use of alternative marketing methods. • Chapter 17.84 (Density Bonus) The current code does not implement State bonus density law. This Chapter adds density bonus regulations consistent with State law to promote the City's goal to add • affordable units to the housing stock Draft — Summary of Change — Rosemead Zoning Code Update 2013 14 • Chapter 17.88 (Lighting) The current zoning code does not contain specific standards for the use and placement of exterior lighting. Development design standards for placement and light intensity are proposed to improve the aesthetic quality of private properties in the City. • Chapter 17.92 (Public Art) • Chapter 17.96 (Green Building) The City of Rosemead currently requires specific building practices for all new construction and substantial remodels through Title 15, Chapter 15.20 (Green Building Standards Code). To implement general plan policy, the Zoning Code Update encourages the use of green building practices beyond what is required in Title 15 through a voluntary green building program. • Chapter 17.104 (Oak Tree Preservation) • Chapter 17.108 (Flag Lots) • Chapter 17.112 (Off-Street Parking and Loading) Over the years the City Council and the Planning Commission have expressed the need to review and update the City's parking codes and standards. This is partly due to on- going issues with shortage of parking within the City's commercial centers. Revisions to Off- Street Parking and Loading requirements have been made to expand land uses and their parking requirements, create more detailed design standards, organize all parking ratio requirements into an easy to read table summary, and provide provisions for • creative parking solutions. The following are examples of the proposed revisions: • Calculation /Rounding of quantities: When the calculation of the required number of off- street parking spaces results in a fraction of 0.50 or greater, the total number of spaces shall be rounded up to the nearest whole number. The current code requires all fractions to be rounded up to the next highest whole number. • Alternative Parking Provisions: Parking requirement determined by parking study: In the event the proposed land use is for a multi- tenant and /or mixed use development or involves a Specific Plan or Planned Development Permit, the Director may authorize the preparation of a parking study to determine the required number of parking spaces as an alternative to the number of off - street parking as outlined in the "Off- Street Parking Requirement Table" subject to the approval of a Conditional Use Permit. • Shared /Joint Use and Off -Site Parking: The Director shall be the designated review authority for the review and approval of any proposal shared, joint use, or off -site parking arrangements, unless such parking is included in an application requiring approval of another review authority. • Revised Parking Space Dimensions: Non - residential parking stalls will be reduced from nine (9) feet wide by twenty (20) feet deep to nine (9) feet wide by eighteen (18) feet deep. • Provisions for Valet Parking: Valet parking will be permitted for commercial uses • subject to the approval of an Administrative Use Permit. Draft — Summary of Change — Rosemead Zoning Code Update 2013 15 • • • Provisions for Bicycle Parkinq and Storage Facilities: All commercial and industrial developments over twenty thousand (20,000) s.f. will be required to provide secure bicycle storage. • Chapter 17.116 (Signs) Draft — Summary of Change — Rosemead Zoning Code Update 2013 16 ARTICLE 5 LAND USE AND DEVELOPMENT APPLICATION PROCEDURE Article 5 includes the requirements related to planning permit application filing, processing and review procedures. The complete list of chapters in Article 5 is provided below, and notes have been added to highlight proposed additions and revisions when compared to the current code. • Chapter 17.120 (Applications And Processing) This is a new Chapter that provides procedures and requirements for the preparation, filing, and initial processing of applications for the land use permits required by the Zoning Code. It contains a table that provides a list of all the different types of land use permits, which also identifies the review authority (Staff, Planning Commission, or City Council) responsible for reviewing and making decisions on each type of application. Chapter 17.120 also proposes to codify the current optional Pre - Application Review Process. • Chapter 17.124 (Temporary Use Permits and Special Events) The current Zoning Code does not contain provisions for the issuing of permits for temporary uses and special events. A temporary use means a land use that is interim, non - permanent, and /or seasonal in nature, lasting between from one to 30 days, and • generally not more than 30 consecutive days in duration. A special event is a short-term event lasting not more than three days. The City currently only has policy provisions for approving Special Events. Chapter 17.124 is proposed to allow for short-term activities that would be compatible with adjacent and surrounding uses when conducted in compliance with the proposed standards. The Community Development Director, or his /her designee, will have the authority to issue these types of permits. • Chapter 17.128 (Administrative Use Permit) The Zoning Code Update proposes an "administrative approval° process to streamline the development review process for certain more ministerial approvals with the Community Development Director. The Administrative Use Permit is intended to allow for public review of land use proposals which are not of sufficient magnitude or complexity to warrant a Planning Commission hearing, but which could have a noticeable impact on the neighborhood. Uses listed in the Zoning Code as requiring an Administrative Use Permit are deemed to possess location, use, building or traffic characteristics of such unique and special form as to make impractical or undesirable their automatic inclusion as permitted uses. In granting an Administrative Use Permit, certain conditions may be required to protect the public health, safety, convenience, and general welfare and to assure that the purposes of the Zoning Code shall be maintained with respect to the location, use, building, traffic and other impacts of the proposed use and its relationship with other existing and proposed uses in the surrounding area. . Examples of uses that will require the approval of an Administrative Use Permit include, but are not limited to: Draft — Summary of Change — Rosemead Zoning Code Update 2013 17 • Mobile Home Parks in the R -1, R -2, and R -3 zones. o Outdoor Dining (if area is greater than 800 square feet) • Beauty Health Spas in the C -3 and CBD zones • Massage Establishments in the C -3 and CBD zones o Ambulance Services in the C -3 zone o Studio, Art, Dance, Martial Arts, Music Class (up to two thousand (2,000) square feet) in the C -1, C -3, and CBD zones. • Chapter 17.132 (Conditional Use Permits) The update proposes two (2) changes to the existing Conditional Use Permit regulations. Currently, Conditional Use Permit become null and void, if the permit has been unused, abandoned or discontinued for a period of six (6) months. The update proposes to increase this time limit to one (1) year. The current code also requires that any expired Conditional Use Permit should be revoked. To streamline the permit process, it is proposed that expired permits do not require an additional public hearing for revocation. • Chapter 17.136 (Site Plan and Design Review) Chapter 17.136 is a new chapter proposed to provide provisions for the review of both administrative and discretionary site plan development. It provides a process for the comprehensive review of some projects not otherwise subject to discretionary review to insure compliance with the Zoning Code, General Plan policies and site design criteria. • Chapter 17.140 (Variances) • Currently, Variance approvals become null and void if the permit has been unused, abandoned or discontinued for a period of six (6) months. The update proposes to increase this time limit to one (1) year. • Chapter 17.142 (Minor Exception) The purpose of a Minor Exception is to give the Community Development Director the authority to allow an exception to certain development standards prescribed in the Zoning Code when practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of the Code occur by reason of a strict interpretation and enforcement of any of the provisions. The Minor Exception review procedure is also intended to streamline the development review process. The procedure requires written consent from all property owners abutting the property. If written consent is not obtained, a noticed public hearing before the Community Development Director would be required. Examples of such modifications the Community Development Director would have authority to approve include, but are not limited to: • Modifications of the rear yard, side yard, lot coverage, driveway, or parking stall size as may be necessary to secure an appropriate improvement of a lot to prevent unreasonable hardship or to promote uniformity of appearance, provided such modifications do not exceed a twenty percent (20 %) variation from existing regulations. • Modifications of fence, wall, hedge, sign, swimming pool, and storage regulations, including vehicles, boats, trailers, and campers, as may be necessary to secure an • Draft — Summary of Change — Rosemead Zoning Code Update 2013 18 appropriate improvement or use of a lot, provided that such modifications do not exceed a twenty percent (20 %) variation from existing regulations. • Chapter 17.144 (Reasonable Accommodations) Under the federal Fair Housing Act, the City is required to make reasonable accommodations in rules, policies, practices and services when such accommodations may be necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling. Such accommodations may include the relaxation of parking standards, and structural modifications. Chapter 17.144 is proposed because the City currently lacks a reasonable accommodation application procedure. • Chapter 17.148 (Development Agreements) In order to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic cost of development, the Legislature of the State of California adopted Section 65864 et. seq. of the Government Code, authorizing local governments to enter into Development Agreements with applicants for development projects. The objective of such an agreement is to provide assurances that, upon approval of the project, the applicant may proceed with the project in accord with existing policies, rules, and standards, subject to the conditions of approval, thus vesting certain development rights in the property. The purpose of this new chapter is to establish procedures and requirements for consideration of Development Agreements by the City consistent with State law. • Chapter 17.150 (Specific Plans) • The purpose of this new Chapter is to provide regulations for review of development in those areas of the City for which a Specific Plan has been adopted pursuant to Government Code Section 65450 and Government Code Section 65453. C� J Draft — Summary of Change — Rosemead Zoning Code Update 2013 19 9 ARTICLE 6 ADMINISTRATION AND ENFORCEMENT Article 6 of the zoning code describes the authority and responsibility for code administration. Also included are the procedural requirements for public hearings, appeals, zone changes, and code amendments. The update proposes clear standards in Chapter 17.168 to promote a fair process for revoking and modifying permits that are not in compliance with the Zoning Code. A notable revision in the draft document also includes a "Request for Review" process in addition to an appeal process in Chapter 17.160. The Request for Review process would allow any City Council person the ability to review any decision made by the Planning Commission by filing a written statement with the City Clerk. However, unlike an appeal, a Request for Review does not indicate support for or opposition to such decision, but is filed because the filer believes that such decision involves a matter of such interest, importance, precedent or significance that such decision should as a matter of policy and planning be made by elected officials. Lastly, Zoning Code enforcement provisions have been added into one (1) chapter, Chapter 17.164 (Enforcement), for the purpose of establishing provisions that are intended to ensure compliance with the requirements of this Zoning Code and any conditions of planning permit approval, to promote the City's planning efforts, and for the protection of the public health, safety, and welfare of the City. It is the objective of these provisions to encourage the voluntary • cooperation of responsible parties in the prompt correction of violations, so that the other enforcement measures provided by existing Rosemead Municipal Code, Chapter 1.16 (General Penalty), Chapter 1.20 (Administrative Citations), and this Chapter may be avoided. • Draft — Summary of Change — Rosemead Zoning Code Update 2013 20 0 U C1 9 City of Rosemead CaIifornia S E MS4D Procedures for Implementation of the California Environmental Quality Act 0 TABLE OF CONTENTS SECTION PAGE 1.0 INTRODUCTION 5 A. AUTHORITY 5 B. DEFINITIONS 5 C. BASIC PURPOSES OF CEQA 8 D. PURPOSE OF CITY PROCEDURES 9 E. FEES 9 F. RESPONSIBILITY FOR COMPLIANCE 9 G. RESPONSIBLE AGENCY AUTHORITY 9 H. TIME OF COMPLIANCE 10 I. REVISION OF PROCEDURES 10 2.0 OVERVIEW AND SUMMARY OF PROCEDURES 11 A. CEQA APPLICABILITY 11 B. EXEMPTIONS 12 Notice of Exemptions 13 C. ENVIRONMENTAL IMPACT EVALUATION PROCEDURE 14 Pre - application Consultation 14 • Project Descriptions 14 D. CARRYING OUT THE INITIAL STUDY 14 Purpose of the Initial Study 14 Project Information Required for an Initial Study 15 Early Consultation 15 Preparation and Content of Initial Studies 15 Determining Environmental Significance 16 Environmental Factors Potentially Affected 17 Time Limits 18 Mitigation Measures 18 Mitigation Monitoring Required 19 E. NEGATIVE DECLARATIONS AND MITIGATED NEGATIVE DECLARATIONS 20 When to Use 20 Contents of Negative Declarations 20 Public Notice for Negative Declarations 20 Time Limits 21 Notice of Determination 22 F. ENVIRONMENTAL IMPACT REPORTS (EIRs) 22 Types of EIRs 22 Notification of Project Proponent and Payment of Fees 22 Notice of Preparation 23 Scoping Meetings 23 Scope of an EIR 24 • Notice of Completion of a Draft EIR 24 City f( oseme dEtriYronmenta(Procedures 2 9 u • TABLE OF CONTENTS SECTION PAGE Public Review of Draft EIR (Notice of Availability) 25 Availability for Review 26 Evaluation of and Responses to Comments 26 Preparation of the Final EIR 26 Certification of the Final EIR and Time Limits 27 Alternatives 27 Findings 27 Approval 28 Statement of Overriding Considerations 28 G. GENERAL PROCEDURES FOR ENVIRONMENTAL DOCUMENTS 28 Preparation of Environmental Documents 28 Screen -check Drafts 29 Consideration and Approval of Environmental Documents 29 Fish & Wildlife Fees 30 H. APPEALS 31 Appeal of the Decision to Require an EIR to the Planning Commission 31 Appeal of Decision to Require an EIR to the City Council 31 Project Appeals 32 Notice of Determination 32 I. ENVIRONMENTAL DOCUMENTS ORIGINATING FROM OTHER AGENCIES 32 Review and Comments 32 Public Hearings 32 SECTION 3.0 SPECIFIC IMPACTS _ 32 A. GREENHOUSE GASES 32 Factors to Consider 33 GHG Mitigation Measures 33 Water Assessments 33 City fRosemeadE niironmental'Procedures 3 0 APPENDICES E • Appendix A Notice of Exemption Form Appendix B Environmental Information Form Appendix C Environmental Checklist Form (Initial Study) Appendix D Notice of Determination Appendix E Notice of Preparation Appendix F Notice of Completion Appendix G Notice of Determination Request (California Department of Fish and Wildlife) City f77osemead Environmental - Procedures 4 0 SECTION 1.0 - INTRODUCTION A. AUTHORITY The California Environmental Quality Act (CEQA) requires public agencies to identify the potentially significant effects on the environment of projects they intend to carry out or build. This environmental review effort should be in good faith and based on reason and information. The consideration should include cumulative impacts. These procedures implement the California Environmental Quality Act, and the Guidelines for Implementation of the California Environmental Quality Act (Guidelines). CEQA is found in the Public Resources Code, Sections 21000 and following. The Guidelines are coded in Title 14 of the California Code of Regulations, Sections 15000 and following. Section 15022 of the State Guidelines requires that each city adopt its own procedures for evaluating projects within its jurisdiction. Consistent with Section 15022(d) of the Guidelines, the City of Rosemead chooses to adopt the Guidelines by reference, as supplemented by these Procedures for Implementation of the California Environmental Quality Act (Procedures). These • Procedures note references to provisions of the Guidelines and the Public Resources Code in italics. It is intended that the reader will refer to the appropriate sections for more detailed information. CEQA and the Guidelines shall control in the case of conflict. B. DEFINITIONS The following definitions are used throughout these procedures. "Advisory body" means the Community Development Director, a commission or committee required to make a recommendation on a project to the decision maker. "CEQA" means the California Environmental Quality Act of 1970, as amended, found at Public Resources Code, Section 21000 and following. "Cultural resources" mean sites, buildings, structures, objects, and districts that have traditional or cultural value for the historic significance they possess. Cultural resources range from archaeological materials, to historical roadways, to stands of trees. • "Days" means calendar days. City f RasemearfEmYnonmenta(Praedures . "Decision maker" means the person or group of persons with the legal power to approve or disapprove a project. The City Council is the decision maker for the adoption and amendment of the general plan, specific plans, zoning amendments and designations, and annexations. The Planning Commission is the decision maker for conditional use permits, variances, discretionary site plan and design reviews and subdivision maps. The Director is the decision maker for modification permits. If a project requires no discretionary approval other than of a precise plan, site plan review or design review application under the City of Rosemead Municipal Code, the decision maker for purposes of CEQA is the Director, and all responsibilities applicable to other decision makers shall apply. "Director" means the head of the Community Development Department, or his or her designee. "Environmental Document" means Negative Declaration, Mitigated Negative Declaration or EIR. "Environmental Impact Reports" — Types. CEQA allows for the preparation and use of different types of EIRs. "Project EIR" [Guidelines § 15161] means the type of EIR which examines the environmental impacts of a specific development project. It focuses primarily on • the changes in the environment that would result from the project including planning, construction, and operation and is the most common type of EIR. "Subsequent EIR" [Guidelines § 15162] means an EIR which is prepared after an EIR has been certified or a Mitigated Negative Declaration adopted when there is: substantial evidence that there are substantial changes to the project or the circumstances under which the project is undertaken which will require major revisions in the previous EIR or negative declaration due to new significant environmental effects or a substantial increase in the severity of a previously identified significant effect; or new information shows that the project will have significant effects not previously discussed, that the effects will be substantially more severe than previously shown, there are mitigation measures or alternatives which would reduce the significant effects but the project proponents decline to adopt such measures or alternatives . The Subsequent EIR focuses on the substantial changes in a project or on substantial new information. Subsequent EIRs are only prepared where there are further discretionary actions to be taken by the City. "Supplement to an EIR" (Guidelines § 151531 means an EIR which is prepared where an updated analysis is required, but only minor additions or changes are necessary. The supplement contains only the information necessary to make the previous EIR adequate for the project as revised. • "Addendum to an EIR" [Guidelines § 15164] means the document which is City of RvsemeadEnvironmenta(Procedures 6 . prepared where changes or additions are necessary, but there are not significant or substantial changes which would require preparation of a subsequent or supplemental EIR. The changes are of a minor technical nature. "Program EIR" [Guidelines §§ 15165 and 15168] means an EIR prepared to cover individual related projects or a phased project is to be undertaken and the total undertaking comprises a project with significant environmental effect. The EIR addresses the scope of the larger project. "Staged EIR" (Guidelines § 151671 means an EIR prepared where a large capital project will require a number of discretionary approvals from the City and one of the approvals will occur more than two years before the construction will begin. The entire project will be evaluated, and the aspect of the project before the public agency for approval will be discussed with greater specificity; a supplement to the EIR shall be prepared for later approvals which are required for the project. "Master EIR" [Guidelines §15175] is an EIR which is prepared for certain projects which will form the basis for later decision making. The Master EIR is intended to streamline later environmental review. "Focused EIR" means an EIR that is more limited in scope which can be used • on a subsequent project identified in a master EIR [Guidelines § 15178] or a multiple family residential development of no more than one hundred (100) units or a residential/commerciallretail mixed -use commercial development of not more than one hundred thousand (100,000) square feet (Guidelines § 15179.51 when specified conditions are met. "Greenhouse Gas" means gases in an atmosphere that absorb and emit radiation within the thermal infrared range. This process is the fundamental cause of the greenhouse gas effect whereby the temperature is higher than it would be if direct heating by solar radiation were the only warming mechanism. "Guidelines" means those provisions found at Title 14 of the California Code of Regulations, Section 15000 and following. "Historical Resource" [Guidelines § 15064.5(a)] means a resource: listed in, or determined to be eligible for listing in the California Register of Historical Resources; a resource included in a local register of historical resources or identified as significant in an historical resource survey; or something that the City determines is historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California. "Lead agency" means the public agency that has the principal responsibility for • carrying out or approving a project. The lead agency drafts the Initial Study and City f Rosemead-Ens ironmenta<Procca'ures 7 . decides whether an EIR or Negative Declaration will be required. "Ministerial" [Guidelines § 15369] means a governmental decision involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the activity. The public official merely implements legal requirements rather than using special discretion or judgment in reaching a decision. "Planning Commission," means the consulting advisory body created by and responsible to the City Council pursuant to City of Rosemead Municipal Code. "Precise Plan," for the purposes of these Guidelines, means administrative site plan reviews and administrative design review processes established by Title 17 of the Rosemead Municipal Code. "Procedures" means the City of Rosemead's supplement to the Guidelines. "Project" means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, as further defined in Guidelines § 15378. "Responsible agency" means any public agency, other than the lead agency, • that has discretionary approval power over the project. For example, street improvements for a given project may require Caltrans review and approval, in which case Caltrans would be the responsible agency. "Staff' means the Community Development Department staff of the City of Rosemead. "Trustee agency" means a State agency that controls natural resources held in trust for the people of California, and which may be affected by a proposed activity. For example, the California Department of Fish and Wildlife is a trustee agency with regard to biological resources. C. BASIC PURPOSES OF CEQA (Guidelines § 15004 The basic purposes of CEQA are to: 1. Inform governmental decision makers and the public about the potential, significant environmental effects of proposed activities; 2. Identify ways that damage to the environment be avoided or significantly reduced; 3. Prevent environmental damage by requiring changes in projects through • the use of alternatives or mitigation measures; and City fPwsen=dEn ronmenta (Procedures 8 4. Disclose to the public the reasons why a project is approved if significant • environmental effects are involved. D. PURPOSE OF CITY PROCEDURES The purpose of the City of Rosemead Procedures for Implementing the Environmental Quality Act is to protect both local and regional environmental resources in a manner consistent with CEQA and the Guidelines. These Procedures summarize CEQA provisions for evaluating projects and preparing environmental documents. They convey criteria for determining if CEQA applies to particular projects, and methods for conducting environmental review of projects that are not exempt. These Procedures are intended as a guide for use by City officials, the public, project proponents, and City staff. In the case of conflict, the Guidelines shall prevail. E. FEES [Guidelines § 15045] The City, as a lead agency, may charge and collect reasonable fees in order to recover the estimated costs incurred in preparing environmental documents. Fees may also be charged for distributing and copying environmental documents. These fees shall be established by a City Council resolution, and shall be subject to periodic review and adjustment. All fees collected shall be held in connection with the terms and provisions of State law, and shall not • confer a right on the part of developers, applicants, or project proponents to prevent the independent preparation, review and oversight of the environmental review and mitigation process by the City. The City is also required to collect CEQA fees for the Department of Fish and Wildlife and Los Angeles County. Current fee information is available in the City of Rosemead Planning Division. F. RESPONSIBILITY FOR COMPLIANCE The Director shall ensure that these Procedures are followed for all private and City- initiated projects. For City- initiated projects, the Director shall determine the appropriate environmental documentation for the project. The department head of the City department processing the project shall be responsible for ensuring that all projects comply with CEQA as directed by the Community Development Department; however, the Director or designee may prepare the required documentation if such expertise is not available in the initiating department. These Procedures apply to all agencies of the City. G. RESPONSIBLE AGENCY AUTHORITY [Guidelines § 15096] When acting as a responsible agency, the City shall review the environmental document and provide comments on those project activities which are within the City's area of expertise or which are required to be carried out or approved by the • City, or otherwise be subject to the City's exercise of powers. The review shall City f( oseme dEn� ironmentaf-Procedures 9 include compliance with the City of Rosemead General Plan (General Plan). • H. TIME OF COMPLIANCE The City shall comply with CEQA provisions as set forth in these Procedures whenever the City proposes to carry out or approve an activity. CEQA review, preparation, and certification of appropriate documentation occur prior to granting an approval of private projects or authorization of public projects. EIRs and negative declarations should be prepared as early as possible in the planning process to enable environmental considerations to influence the project program and design, yet late enough to provide meaningful information for environmental assessment. I. REVISION OF PROCEDURES The Planning Commission may recommend revisions to these Procedures subject to approval by the City Council. The City will endeavor to revise these Procedures to conform to amendments to the Guidelines within one hundred twenty (120) days after the effective date of the amendments [Guidelines § 15022 (c)]. During the period while the City is revising its procedures, the City must conform to any statutory changes in CEQA or the State Guidelines that have become effective. • City fRasemeadTnvirvnmentafftace dures 10 • SECTION 2.0 OVERVIEW AND SUMMARY OF PROCEDURES A. CEQA APPLICABILITY A proposed project must first be evaluated to determine if it is a "project" and is, therefore, subject to CEQA review. A project is defined as any discretionary action that may cause a physical change to the environment. However, if the proposed activity is a project under CEQA, it may still be exempt from environmental review. Examples of projects include: 1. An activity directly undertaken by a public agency including: a. Public works construction activities; b. Clearing or grading of land; c. Improvements to existing public structures; d. Enactment and amendment of zoning ordinances; and • e. Adoption and amendment of local general plans. 2. An activity that is supported in whole or in part, through public agency contracts, grants, subsidies, loans, or other assistance from a public agency. 3. An activity involving the public agency issuance of a lease, permit, license, certificate or other entitlement for use by a public agency. The following list contains types of activities that are not considered to be projects under CEQA: 1. Ministerial projects; 2. Certain continuing administrative or maintenance activities; 3. A City Council action placing a voter initiative on the ballot; and 4. Creation of government funding mechanisms or other government fiscal activities that do not involve any commitment to any specific project that may result in physical environmental impacts. • City fRasenrwdE?tvironmenta !Procedures 11 B. EXEMPTIONS • Generally, there are two types of exemptions, statutory and categorical. Statutory exemptions apply to projects that the State Legislature has deemed to be exempt from CEQA (Article 18, including Guidelines § 15260 — 152851. These include, but are not limited to: 1. Ministerial projects; 2. Building permits; 3. Business licenses; 4. Final subdivision maps; 5. Individual utility service connections and disconnections; 6. Emergency projects following a natural disaster; and 7. Certain limited housing projects that meet specified criteria. Categorical exemptions apply to certain classes of projects that the Secretary of • Resources has determined do not cause significant effects [Article 19, including Guidelines §§ 15300 - 15332]. Categorical exemptions are not absolute and may not be used in all circumstances [Guidelines § 15300.2]. Categorical exemptions include, but are not limited to: 1. Replacement or reconstruction; 2. Minor alterations to land; 3. Minor land divisions; and 4. Projects characterized as in -fill development which meet the following conditions: a. The project is fully consistent with the applicable general plan policies as well as with applicable zoning designation and regulations; b. The proposed development will occur within City limits on a project site of no more than five (5) acres substantially surrounded by urban uses; • c. The project site has no value as a habitat for endangered, rare or City f�tosemeadEiii ronmenta(liracedures 12 threatened species; • d. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and e. The site can be adequately served by all required utilities and public services. In accordance with Guidelines §15300.4, the City of Rosemead has determined that the following activities are exempt under CEGA: 1. Utility service connections and disconnections; 2. Transportation permits; 3. Regulatory permits; 4. Home occupation permits; 5. Permits issued by the Public Works Division for routine repair, maintenance and development of minor and /or site - specific improvements related to work in the public right -of -way, including: sewer, curb and gutter, A.C. berms, cross - gutters, manholes, chain link fencing, signs, driveway • approaches, sidewalks, roadway, A.C. and concrete paving, catch basins, storm drains and block walls that are no more than six (6) feet in height; 6. Designation of historically, culturally, or architecturally significant sites as landmarks or points of interest, and other protective actions, including but not limited to fagade easements, conservation easements, Mills Act contracts, preservation agreements, and other actions designed solely to prevent the demolition of historic resources. 7. Precise plan applications that require only administrative staff review. 8. Minor zoning code changes, refinements and clarifications; code changes that result in more effective environmental controls. This exemption excludes actions that significantly increase intensity, density or carrying capacity of development, vehicle trips or elimination of open space. Notice of Exemption (Guidelines § 15064 If a determination is made that the activity is exempt from CEQA, and the City approves or determines to carry out a project, a Notice of Exemption may be filed with the Los Angeles County Registrar - Recorder /County Clerk. This notice may be filed either by City staff or the project sponsor. The notice shall include a project description, the location, a finding that the project is exempt including its • exemption type, and a brief statement of reasons to support the finding. Filing a City fJ tosenieadEmzronmentalProcedures 13 Notice of Exemption initiates a 35-day statute of limitations on legal challenges to • the City's determination that the project is exempt. If the notice is not filed, a 180 -day statute of limitations will apply. (See Appendix "A" for the Notice of Exemption Form.) C. ENVIRONMENTAL IMPACT EVALUATION PROCEDURE If the proposed activity is a project under CEQA and is not exempt from review, an initial study shall be prepared. Furthermore, no public or private project shall be approved or granted until the requirements of CEQA have been satisfied in accordance with the procedures set forth herein. Pre - application Consultation (Guidelines § 15060.5] For a potential project involving the issuance of a lease, permit, license, certificate, or other entitlement for use by the City or by a property owner, the Director shall, upon the request of a potential applicant and prior to the filing of a formal application, provide for consultation with the potential applicant to consider the range of actions, potential alternatives, mitigation measures, and any potential significant effects on the environment of the potential project. The Director may include in the consultation other public agencies that in the opinion of the Director may have an interest in the proposed project. Project Descriptions • All public and private project applications that request a City of Rosemead discretionary permit or entitlement must be accompanied by an Environmental Information Form. (See Appendix "B" for the Environmental Information Form.) The description should provide enough detail to satisfy requirements for the preparation of an Initial Study. D. CARRYING OUT THE INITIAL STUDY Purposes of the Initial Study An Initial Study is a preliminary analysis by the City that: Provides the City with information to use as the basis for deciding whether to prepare an EIR, Negative Declaration, or Mitigated Negative Declaration; 2. Enables an applicant or the City to modify a project, mitigating adverse impacts before an EIR is prepared, thereby enabling the project to qualify for a Negative Declaration or Mitigated Negative Declaration; 3. Assists in preparing an EIR, if one is required, by focusing on the effects determined may be significant, identifying the effects determined to be insignificant, and explaining the reasons for determining the significance • or insignificance of each effect; City f RosemeadfEnvrronmmtalProcedures 14 4. Identifies whether a program EIR, tiering, or another appropriate process can be used for analysis of the project's environmental effects; 5. Assesses environmental impacts early in the design of a project; 6. Documents the factual basis for finding, in a Negative Declaration or Mitigated Negative Declaration, that a project will not have a significant effect on the environment; 7. Eliminates unnecessary EIRs; and 8. Determines if a previous EIR can be used for the project. Project Information Required for an Initial Study A primary source of project information for the Initial Study is the environmental information submitted by the applicant and received as part of the project information. The City may take up to thirty (30) days to review the project application and determine if it is complete. Once this decision is made the applicant may be notified by mail. If the application is deemed incomplete, the project sponsor will be notified as to what additional materials are necessary to complete the application. Failure to provide information will delay the project, • and many unnecessarily result in findings of significant environmental effects. Early Consultation [Guidelines §15063(g)] As soon as the City determines that an Initial Study will be required for a project, the City shall informally consult with all responsible and trustee agencies responsible for resources affected by the project in order to obtain their recommendations as to whether an EIR, Mitigated Negative Declaration, or Negative Declaration should be prepared. Preparation and Content of Initial Studies The Initial Study (See Appendix "C" Environmental Checklist Form — Initial Study) is normally prepared by staff, but may be prepared by a consultant to the City. It includes the project description, location, environmental setting, environmental checklist, discussion of any impacts, and if necessary, mitigation measures and the mitigation monitoring program. Discussion statements should explain both yes and no responses to each question or category of questions on the checklist and provide documentation based on new or existing studies sufficient to provide reliable data for analysis of those impacts. Additionally, the Initial Study should include an examination of whether the project would be consistent with existing zoning, plans, and other applicable land use controls, and should also include the name of the person or persons who prepared or participated in the Initial Study, as well as any other information • required by Section 15063(d). City fPwsen=dEmironmmraiPro edures 15 Complex projects may require special studies to be included as attachments to the Initial Study. Staff should consult with other City departments, outside public entities that may be a responsible for the project, and any individuals or organizations otherwise concerned. Determining Environmental Significance A significant effect on the environment is any substantial or potentially substantial adverse change in the physical conditions within the area affected by the proposed project [Guidelines § 15382]. Current conditions means the contemporaneous physical conditions rather than the hypothetical conditions reflecting build out under existing land use entitlements or maximum operations under an existing permit. If there has been made a fair argument, based on scientific and factual evidence that a project will have a significant effect and the effect cannot be mitigated or avoided, and EIR must be prepared. In determining significant effects, City staff shall consider: 1. Primary or Direct impacts, which are caused by and immediately related to the project such as construction - related impacts of dust, noise, and traffic of heavy equipment; • 2. Secondary or Indirect impacts, which are not immediately related to the project, but which are caused indirectly by the project such as those associated with growth resulting from additional infrastructure capacity (Guidelines § 150641, 3. Cumulative Impacts, such as those resulting from the total effect of a group of proposed projects or programs, over time, which includes projects that are approved but not yet constructed; 4. Economic and Social Changes resulting from a project shall not be treated as significant effects. Economic and social changes may be used, however, to determine that a physical change shall be regarded as a significant effect on the environment. Where a physical change is caused by economic or social effects of a project, the physical change may be regarded as a significant effect in the same manner as any other physical change resulting from the project. Alternatively, economic and social effects of a physical change may be used to determine that the physical change is a significant effect on the environment. If the physical change causes adverse economic or social effects on people, those adverse effects may be used as a factor in determining whether the physical change is significant. For example, if a project would cause overcrowding of a public facility and the overcrowding causes an adverse effect on people, the overcrowding would be regarded as a significant effect; • City f Rosemead En' ronmentalProcedures 16 5. Substantial Evidence: The decision as to whether a project may have one or more significant effects shall be based on substantial evidence in the record of the lead agency. Substantial evidence means enough relevant information that a fair argument can be made that a project may have a significant effect on the environment, even though it may also be presented with other substantial evidence that the project will not have a significant effect. The City may also determine that revisions in the project plans or proposals made by, or agreed to by, the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur and there is no substantial evidence in light of the whole record before the City that the project, as revised, may have a significant effect on the environment, then a mitigated negative declaration shall be prepared; 6. No Evidence: If the City determines there is no substantial evidence that the project may have a significant effect on the environment that cannot be mitigated, the City shall prepare a negative declaration or mitigated negative declaration; 7. Historical and Cultural Resources: A project with an effect that may cause a substantial adverse change in the significance of an historical, cultural, archaeological or paleontological resource is a project that may have a significant effect on the environment. The City shall identify • potentially feasible measures to mitigate significant adverse changes in the significance of an historical resource ensuring that any adopted measures to mitigate or avoid significant adverse changes are fully enforceable through permit conditions, conservation easements, Mills Act contracts, operational and maintenance agreements, or other measures; and 8. Archeological and Native American Burial Sites: CEQA also applies to effects on archaeological sites and Native American burial sites. Environmental Factors Potentially Affected Are: ❑ Aesthetics ❑ Agriculture ❑ Air Quality Resources ❑ Biological Resources ❑ Cultural Resources ❑ Geology /Soils ❑ Greenhouse Gas ❑ Hazards & Hazardous ❑ Hydrology/Water Quality Emissions Materials ❑ Land Use /Planning ❑ Mineral Resources ❑ Noise ❑ Population /Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic ❑ Utilities/Services ❑ Mandatory Findings of Systems Significance City fRosemead- Environmenta(Protedures 17 Significance will be judged by the intensity and longevity of the change, the size of the area affected, and deviation from existing conditions. The determination of whether or not a project has a significant effect on the environment will be based, in part, on the levels of significance as determined by the Initial Study. Time Limits (Guidelines § 15104 For private projects, the City will prepare an Initial Study within thirty (30) days of determining the application complete, or forty five (45) days if both the applicant and the City agree to a 15-day extension (for public projects, these time limits do not apply). The Initial Study will determine if the City recommends adopting a Negative Declaration or if the project requires an EIR. Mitigation Measures [Guidelines § 15370] If there is a potential for significant impacts, every effort should be made to identify and incorporate mitigation measures into the project design prior to completion of the Initial Study. If identified impacts can be mitigated to a non- significant level, the time and expense associated with preparation of an EIR can be avoided. All potentially significant adverse impacts must be reduced in this fashion, or an EIR is required. Creativity, reasonableness, and practicality should be used in developing mitigation measures for identified impacts. Mitigation includes: • 1. Avoiding the impact altogether by not taking a certain action, or parts of an action; 2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation; 3. Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment; 4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; and /or 5. Compensating for the impact by replacing or providing substitute resources or environments. In developing mitigation measures, consideration should be given as to how the measures will be implemented and monitored. Mitigation measures should be drafted to include: 1. Quantifiable performance standards; 2. Clear indication as to who is responsible for performance; 0 City f Rosemead Ens ironmenta(Procedures IR 3. Clear indication as to who is responsible for monitoring; and 4. Clear expectation for phasing or compliance date. All mitigation measures shall be required to be incorporated as conditions of project approval or otherwise be enforceable through agreements or other measures. Mitigation Monitoring Required [Public Resources Code § 21081.6] The required mitigations and conditions must be implemented. The mechanism for doing that it is a Mitigation Monitoring Program. Projects that are exempt from environmental review do not require mitigation measures. Projects that require an MND or EIR require approval of mitigation measures and a mitigation monitoring reporting program as part of the project approval. Implementation of the program involves a monitoring and notification system, the submittal of reports by the applicant or consultants, review of reports by City staff, and site inspections. When mitigation measures have been included in order to avoid significant effects on the environment, a mitigation monitoring program shall be prepared. This program shall be prepared to the specification of the Director. The project • proponent or his /her designee shall be responsible for its implementation with oversight from the Director or his/her designee. All costs shall be borne by the project applicant. For mitigation of complicated or technical impacts, staff may require that a qualified consultant be hired at the developer's expense. The applicant shall designate an individual to work with City staff in developing monitoring programs, a summary of which shall be included in the environmental document to make certain each mitigation measure can be monitored. Monitoring programs shall be tailored to appropriately report on a particular mitigation measure called for in the environmental review document. Monitoring programs generally shall contain the following components: 1) procedures for monitoring the progress of mitigation during project construction and afterward; 2) a regular schedule for progress reports; 3) enforcement procedures; and, 4) an on -site environmental coordinator to administer the program and act as a liaison between the City and the project team. The City may also require reporting or monitoring programs from outside agencies that have jurisdiction over the natural resources affected by the project. If agencies require mitigation measures to be imposed on a particular project, that agency is required to prepare and submit a monitoring program related to those mitigation measures. Where mitigation and /or monitoring requires the involvement of a Native • American tribe with relation to cultural, archeological or paleontological impacts, Ch)( f Rosemead-Environmenta %Praredures 19 • the project applicant may choose which of the tribes to use for any such monitoring or consultation so long as the chosen tribe is on the list maintained by the Native American Heritage Commission as a tribe in the area. E. NEGATIVE DECLARATIONS AND MITIGATED NEGATIVE DECLARATIONS When to Use A Negative Declaration is the appropriate environmental documentation under the following circumstances: 1. If the Initial Study does not identify any significant impacts; or 2. If the Initial Study identifies potentially significant impacts, but mitigation measures have been included in the project for all identified impacts, enabling the Initial Study to conclude that there are not significant environmental impacts associated with implementation of the project. If the Initial Study identifies significant adverse impacts and sufficient mitigation measures have not been included in the project to offset these impacts, staff will work with the applicant to draft mitigation measures and include them as part of the project. Project approval will be contingent on the applicant accepting and • adhering to the mitigation measures imposed upon the project. Under these circumstances, a Mitigated Negative Declaration is the appropriate environmental documentation. For the purposes of this section, all references to Negative Declarations include Mitigated Negative Declarations. Contents of Negative Declarations [Guidelines § 15071] A Negative Declaration consists of a brief description of the project, including its commonly used name, the applicant's name, a location map, the Initial Study, the completed environmental checklist, the environmental setting discussion, and a draft mitigation monitoring program, if mitigation is identified. It also includes a summary of the conclusions reached to support findings that the project will not have a significant impact on the environment. Public Notice for Negative Declarations [Guidelines § 15072, 15073] The notice for public review and notice of intent to approve a Negative Declaration, and the notice of public hearing on the Negative Declaration may be combined, but shall not be less than the review period specified in Public Resource Code Section 21091, and shall be in the following manner: Mailed or delivered to the owner of the subject real property or the property owner's duly authorized agent, and to the project applicant. 2. Mailed or delivered to each local agency (if not the City) which is expected • to provide water, sewerage, streets, roads, schools or other essential City fR senwad.Eni ronmental-Procedures 20 facilities and services that may be significantly affected. 3. Mailed or delivered to all owners of real property as shown on the latest equalized assessment roll within three hundred (300) feet of the real property that is the subject of the hearing. If the number of owners to whom the notice would be mailed or delivered pursuant to this paragraph or subsection (1) is greater than one thousand (1,000), in -lieu of mailed or delivered notice, notice may be provided by placing a display advertisement of at least one - eighth (1/8) page in at least one newspaper of general circulation within the City. 4. Notice shall be published in at least one newspaper of general circulation within the City. 5. This notice may also be consolidated and included with the notice of other land use actions (for example, zone changes, conditional use permits, etc.) if such applications are being considered. 6. Public notices shall be provided to responsible agencies and other agencies who have commented regarding a particular negative declaration or those agencies and /or individuals who have specifically requested a copy of such notice in writing. • The review period shall generally be twenty (20) days. However, if the project is of statewide, regional or area -wide significance, the review period shall be increased to thirty (30) days, unless a shorter period is approved by the Office of Planning and Research. • Comments received during the consultation and review period for the Negative Declaration which raise significant environmental issues shall be responded to by City staff with all comments received and any responses prepared being forwarded to the approving authority prior to the adoption of the Negative Declaration. City staff and /or approving authority may decide based on any new information provided that additional mitigation or preparation of an EIR is necessary at any time during this process. However, if any new information significantly modifies a project, additional public review shall be given. Time Limits [Guidelines § 15107] The Negative Declaration for a private project involving the issuance of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies, must be completed and approved within one hundred eighty (180) days from the date that an application for a private project is deemed complete. Any unreasonable delays resulting from failure of the applicant to provide information requested by the City, which is necessary to complete the Negative Declaration, shall suspend these time limits. City fRosemeadEuvironmenra !Procedures 21 E Notice of Determination [Guidelines § 15075] After the Negative Declaration has been approved, City staff shall file a Notice of Determination with the County Clerk. (See Appendix "D" for Notice of Determination Form) This notice shall be filed and posted within five working days following project approval. If the project requires a discretionary approval from any state agency, the notice shall also be filed with the Governor's Office of Planning and Research. Filing and posting the Notice of Determination starts a 30 -day statute of limitations on court challenges to CEQA approvals. Failing to file the Notice of Determination within the required time period will extend the statute of limitations to one hundred eighty (180) days. F. ENVIRONMENTAL IMPACT REPORTS (EIRs) If a significant impact is identified that has not been, or cannot be adequately mitigated, the Initial Study shall conclude that the project has significant environmental effects and that an EIR is required. Types of EIRs [Guidelines §§ 15160- 15179.5] In order to allow environmental review to occur as efficiently as possible, CEQA allows for the preparation and use of different types of EIRs. If an EIR is required, the City shall determine whether to: 1. Use a previous EIR; 2. Prepare a project EIR; 3. Prepare an Addendum to a previous EIR; 4. Prepare a Supplement to a previous EIR; 5. Prepare a Subsequent EIR; 6. Prepare a Program EIR; 7. Use a Staged EIR; or 8. Use a Master EIR; Notification of Project Proponent and Payment of Fees City Staff shall notify the applicant by letter that an EIR is required. The applicant must then authorize City staff to continue processing the application and remit the required fees as determined in accordance with the fee schedule adopted by the City Council. City f9Zosemead-EmzronmentafProcedures 22 Notice of Preparation (Guidelines § 15084 After determining that an EIR is required, the City shall prepare and distribute a Notice of Preparation of an EIR to: 1. The Office of Planning and Research; 2. Responsible agencies; 3. Trustee agencies with resources affected by the project; and 4. Federal agencies involved in approving or funding the project. Notice to these agencies shall be sent by certified mail or any other transmittal method that provides the City with a record that the notice was received. The Notice of Preparation shall consist of the City Notice of Preparation Form (Appendix "E "), and may include the Initial Study. The Notice of Preparation shall also be sent to individuals or organizations who have previously requested such notification, and may also be sent to adjacent property owners. The purpose of this notice is to inform responsible agencies, neighboring • jurisdictions, area residents, and public interest groups that an EIR is being prepared, and to seek input about significant environmental issues and mitigation measures that should be explored. • The response period for the Notice of days, but may be longer for a controve 15082 (b)]. Scoping Meetings (Guidelines §§ 15082, Scoping is an effective way to bring WE affected individuals. )aration is a minimum of thirty (30) or complicated project (Guidelines § and resolve the concerns of At least one scoping meeting shall be conducted by the City as lead agency for any project of statewide, regional, or areawide significance or when requested by Caltrans when the project may affect highways or other Caltrans' facilities. Notice of the meeting shall be sent to: 1. Any city or county that borders on the City of Rosemead; 2. Responsible agencies; 3. Trustee agencies with resources affected by the project; City f Rosmwad EnvirenmentaiProcedures 23 4. Public agencies that have jurisdiction by law with respect to the project; • and 0 5. Any organization or individual notice. Scoping sessions may be called by th e trustee agency, Office of Planning and case the meeting shall be convened request. has filed a written request.for the City as lead agency, responsible agency, Research, or a project applicant, in which by the City within thirty (30) days of the I When the Director finds it appropriate, a community scoping session may be held before the advisory or decision making body. If a scoping session is required (as it is when preparing an EIR/EIS jointly with a federal agency), where possible it should be noticed in the Notice of Preparation and advertised, as deemed appropriate by the Director. Scope of an EIR [Guidelines § 15082 and § 15083] The breadth of analysis in the EIR shall) be determined by the Initial Study, comments of the scoping session (if required), and responses to the Notice of Preparation. In addition, the City may hold scoping meetings with responsible and trustee agencies, and any person 1 or organization it believes will be concerned with the environmental effects of the project. The EIR should focus on potentially significant impacts, and need not address items determined to be insignificant by the Initial Study, or items not raised in response to the Notice of Preparation and from previous scoping meetings. Notice of Completion of a Draft EIR [Guidelines §§ 15085, 15086] When the Draft EIR is completed and ready for public circulation, a Notice of Completion must be filed with the Governor's Office of Planning and Research (OPR). (See Appendix "F" for Notice of Completion form.) The Notice of Completion shall comply with Guidelines § 115085. In addition, the City shall also send notice to: 1. Any city or county that borders on the City of Rosemead; 2. Responsible agencies; 3. Trustee agencies with resources affected by the project; i 4. Public agencies that have jurisdiction! by law with respect to the project; 5. For a project of statewide, regional, or area -wide significance, the transportation planning agencies and public agencies which have • transportation facilities which could be affected by the project as further City oRosemwd.Ensnronmentaf r5-mzdures 24 0 • defined in Guidelines § 15086; and 6. To those California Native Americ< by the Native American Heritage C to believe that there may be an cultural or sacred sites. tribes on the contact list maintained emission where the City has reason npact on Native American historic, Public Review of Draft EIR (Notice of Availability) [Guidelines § 15087] At the time the Notice of Completion is filed with the Office of Planning and Research, the City shall provide public Notice of the Availability of the draft EIR to all interested organizations and individuals who have previously requested such notice. The notice shall include the staff person to contact, length of the review period, and deadline for receipt of comments, as well as other information required by Guidelines § 15087(c). This notice may also be consolidated with the notice of other land use actions (for example, zone change, general plan amendment, conditional use permit, etc.) if such actions are being considered, but shall not be less than the review period specified in Guidelines § 15087, and shall be given in the following manner: 1. Mailed or delivered to the owner of the subject real property or the owner's duly authorized agent, and to the project applicant. 2. Mailed or delivered to each local 'agency (if not the City) expected to provide water, sewerage, streets, I roads, schools or other essential facilities or services to the project whose ability to provide those facilities and services may be significantly affected. 3. Mailed or delivered to all the owners of real property as shown on the latest equalized assessment roll within three hundred (300) feet of the real property that is the subject of the hearing. If the number of owners to whom the notice would be mailed or delivered pursuant to this paragraph or subsection is greater than one thousand (1,000), in -lieu of mailed or delivered notice, notice may be provided by placing a display advertisement of at least one-eighth (1/8) page in at least one newspaper of general circulation within the City at least ten days prior to the hearing. 4. Notice shall be published in at least one newspaper of general circulation within the City. 5. Public notice shall be provided to responsible and other agencies who have commented regarding a particular Draft EIR, or those agencies and /or individuals who have specifically requested a copy of such notice. Copies of the Draft EIR for State agencies are distributed through the State Clearinghouse. 6. A copy of the notice shall be posted in the County Clerk's office for at least City fl semead- Eirtironmenta(Procedures 25 thirty (30) days. However, if the project is of statewide, regional, or area - wide significance, the review period shall be increased to forty five (45) days, unless a shorter period is approved by the Office of Planning and Research. Availability for Review During the public review period, the EIR, including a copy of the Initial Study, shall be available to the public in the Community Development Department and the public library. Documents that are incorporated by reference shall be available for review in the Community Development Department. Evaluation of and Responses to Comments [Guidelines § 150881 After the review period for the draft EIR closes, staff will assemble all written comments (including e- mails) and make note of comments made at any public hearing(s) during the review period. Written responses shall be provided for all comments received during the review period, unless a response is not appropriate, in which case an explanation will be provided as to why a response is not warranted. The responses will be prepared by staff or the consultant, as determined by the Director. At least ten days before certifying the EIR, the City shall provide a written response to comments to any public agency that commented on the draft EIR. The written response shall describe the disposition of significant environmental • issues which were raised and give reasons why specific comments and suggestions were not accepted. The City may also provide a written response to comments made by individuals who provided comments during the public review period. 0 If comments are received after the close of the public review period, but prior to the close of any hearing on the project, the City shall endeavor to respond to such comments, but need not provide a separate written response. The City shall recirculate the EIR when significant new information is added to the EIR after public notice is given of the availability of the draft EIR for public review under Guidelines § 15087 but before certification. Definitions of "significant new information" can be found in Guidelines § 15088.5. Preparation of the Final EIR [Guidelines § 15132] The Final EIR consists of the Draft EIR, comments received, a list of persons and organizations who made comments, and the response to comments document as well as any other information added by the City. Alternatively, the Draft EIR may be revised to incorporate responses to comments into the text of the report. If this format is utilized, the Final EIR would consist of the revised Draft EIR, comments received, a list of persons and organizations that commented, and an indication of where each comment raised is addressed in the revised text. City ofRnsemead- Enmirmrmental'Pracedures 26 Certification of the Final EIR and Time Limits [Guidelines § 15090] The decision making body with approval authority over the proposed project shall certify that the final EIR is in compliance with CEQA, was reviewed and considered prior to project approval, and reflects the independent judgment of the City. The decision maker(s) shall certify the Final EIR for private projects within one year of accepting the application as complete. Upon consent of the applicant and the City, the one -year limit may be extended an additional ninety (90) days. Delays by the applicant in providing necessary information shall suspend these time periods. Alternatives [Guidelines § 15126.6] As part of its evaluation, the decision maker shall: 1. Determine that the proposed EIR meets the requirement of the CEQA and State Guidelines for a full and complete range of reasonable alternatives; 2. Confirm the identification in the EIR of the alternative which would present the least environmental damage as the "environmentally superior" alternative or identify a different alternative as the "environmentally superior" alternative; • 3. In the event that the environmentally superior alternative is the "no project' alternative, identify the next least damaging alternative in its action on the draft; and 4. Select and approve a project alternative that is environmentally superior, or make the necessary findings as to why the environmentally superior alternative(s) are not feasible. Findings [Guidelines § 15091] The decision maker shall not approve or carry out a project for which an EIR identifies one or more significant environmental effects unless it makes one or more written findings for each of the significant effects, accompanied by a brief explanation of the rationale for each finding. Findings shall be supported by substantial evidence in the record of project review. The possible findings are: 1. Changes have been required, or incorporated into, the project that avoid or substantially lessen the significant environmental effects as identified in the final EIR. 2. Changes that would avoid or substantially lessen the significant environmental effects are within the jurisdiction of another public agency or have already been adopted by another agency 0 City f Rosemead Eni ironmenta !Procedures 27 N 3. Specific economic, legal, social, technological, or other considerations that render such measures or alternatives not feasible. Approval (Guidelines § 15094 After considering the Final EIR, the decision maker shall not approve a project for which an EIR was prepared unless either the project as approved will not have a significant effect on the environment, or all avoidable significant effects on the environment have been eliminated or substantially lessened, and any remaining significant effects on the environment are determined to be unavoidable under Guidelines § 15091 and acceptable due to overriding concerns as described in Guidelines § 15093. Statement of Overriding Considerations (Guidelines § 15093] If the benefits of a proposed project outweigh the unavoidable adverse effects, such effects may be considered "acceptable ". If the decision maker approves a project that allows the occurrence of significant effects, it shall adopt a Statement of Overriding Considerations that states specific reasons to support its action based on the Final EIR and /or other information in the record. The Statement of Overriding Considerations shall be supported by substantial evidence in the record. The Statement is in addition to the findings required above. G. GENERAL PROCEDURES FOR ENVIRONMENTAL DOCUMENTS • Preparation of Environmental Documents The Negative Declaration or EIR shall be prepared by staff or a consultant selected by the Director and retained by the City (See Guidelines § 150841. Prior to retaining the consultant, the selected firm shall demonstrate to the satisfaction of the Director that it has no conflict of interest in regard to the project (i.e., the firm shall not have recently done work for the applicant or represented the applicant in other cities). The applicant shall be required to pay the total estimated cost of the environmental document, including any studies that may be required, to the City, prior to the preparation proceeding. The City shall retain full jurisdiction over the process to ensure an independent, objective, accurate and thorough document. The Director is responsible for the adequacy and objectivity of environmental documents presented to the decision maker. Developer deposits shall in no case be paid directly to the consultant, but instead shall be deposited in the City's general fund or deposit account and disbursed to the preparer based on its contract with the City. Contact between the consultant and the applicant shall be limited. Direct contacts by the applicant with the consultant or the consultant with the applicant without prior knowledge and approval of the Director are prohibited. As part of the adoption of the Negative Declaration or certification of the EIR the decision maker must determine that the document reflects the independent judgment of the City. City 5(97osemaidEnv lronmental'Procedures 28 Screen -check Drafts The pre - circulation draft of the Environmental Document is referred to as the "Administrative" or "Screen - check" draft. This draft is considered to be a working document which will be circulated among City staff and responsible agencies, if appropriate, and is not available for public review. The purpose of staff review of the Screen -check draft is to evaluate the document for adequacy and accuracy prior to public circulation. Consideration and Approval of Environmental Documents [See Guidelines § 15074] The following requirements shall apply: An advisory body making a recommendation on the project shall consider the proposed Environmental Document before making its recommendation. 2. The Negative Declaration must be adopted, or the EIR must be certified, by the decision maker prior to approval of the project. 3. If the Environmental Document is being processed concurrently with the project entitlement, the advisory body and decision making body shall • consider the Environmental Document at the time of any public hearing that may be required for the project. 4. The decision making body shall consider the proposed Environmental Document along with any comments received during the review process and any comments from an advisory board and various responses brought forward. 5. At the discretion of the Director, public notice for a required public hearing may be combined with a public notice for the Environmental Document, provided the public notice complies with State law. While no hearing is required on the Environmental Document if no separate hearing is required on the project, it is the City's policy to provide a public hearing on all draft EIRs, and, at the Director's discretion, on other Environmental Documents where circumstances warrant. 6. The City shall recirculate an Environmental Document when the document must be substantially revised after public notice of its availability has previously been given, but prior to its approval in accordance with the Guidelines (Guidelines §§ 15073.5 (Negative Declarations), 15088.5 (EIRs)]. City f Rosemead Enr ironmental-Prxedures 29 Fish & Wildlife Fees Fish & Wildlife Code § 711.4 requires a payment to the California Department of Fish and Wildlife ( "CDFW ") for projects for which a Negative Declaration or EIR has been prepared. No fee is required for projects which are exempt from CEQA. The fee is required to be paid in order for a project to be considered to be operative, vested or final and the permits to be valid. City staff shall coordinate the environmental document review with CDFW. If CDFW determines that there will not be an impact on fish and wildlife, CDFW will sign a No Effect Determination ( "NED "). [14 California Code of Regulations § 735.5.] All of the following must apply for CDFW to make such a determination. The project would not result in or have the potential to result in: 1. Harm, harassment, or taking of any fish and /or wildlife species; 2. Direct or indirect destruction, ground disturbance, or other modification of any habitat that may support fish and /or wildlife species; 3. Removal of vegetation with potential to support wildlife; 4. Noise, vibration, dust, light, pollution, or an alteration in water quality that is may affect fish and /or wildlife directly or from a distance; and 5. Any interference with the movement of any fish and /or wildlife species. In order to obtain this determination, staff shall file a "No Effect Determination Request" form (Appendix "G ") along with aerial photographs (if available), or topographic maps and a copy of the Environmental Document to the South Coast Region, Department of Fish and Wildlife, 3883 Ruffin Road, San Diego, CA 92123. These documents should be submitted at the time that the Negative Declaration or EIR is made available for review, or as soon thereafter as possible. If CDFW determines that there will be no effect on fish and wildlife, it should issue a written no effect determination. When the determination is received, the City will file two copies of the NED with the County Clerk along with the Notice of Determination, and the appropriate filing fee. The City shall not delay filing a Notice of Determination pending a determination by CDFW. If a NED is made after the notice of determination has been filed, an applicant may request a refund by contacting CDFW by phone at (916) 651 -0603 or by email at R5NoEffect @dfg.ca.gov. Upon verification, CDFW will issue a refund if a lesser fee was required based on CDFW's review. CDFW filing fees are subject to change annually. Current fees are posted on the CDFG website: hftp://www.dfg.ca.gov. • City fRosemead £nvironmentalProcedures 30 K APPEALS Appeal of the Decision to Require an EIR to the Planning Commission [Guidelines § 15087] The applicant or any organization or individual may appeal the decision to require an EIR. The appeal shall be made by filing a written request with the City Clerk, together with an appeal fee, as established by a resolution of the City Council, within ten days from the date the Notice of Preparation was published or mailed, whichever occurs last. The written request for appeal should contain the name, address and phone number of the appellant; the name, location and application number of the project being appealed; and the reason for the appeal. The appeal shall be heard by the Planning Commission within thirty (30) days after it is filed. At the conclusion of the hearing, the Planning Commission shall sustain the decision of the Director to require a full EIR or a focused EIR or shall modify the decision of the Director to require a full EIR by authorizing a focused EIR, or shall reverse the decision of the Director and direct that a Negative Declaration be prepared. The decision of the Commission shall be final, unless appealed to the City Council. During the period for appealing the decision of the Director to require an EIR, and for ten days after the decision becomes final, any interested organization or • person may submit environmental comments, objections or concerns about the project to the Community Development Department in writing. Such comments shall be used in the preparation of the draft EIR. Appeal of Decision to Require an EIR to the City Council If the Planning Commission is not the final decision maker regarding the Environmental Document (because it is not the final decision maker on the project), there shall be a right to appeal the decision regarding the environmental document to the City Council. If the underlying project must first be appealed to the Planning Commission before an appeal may be taken to the City Council, then the appeal of the Environmental Document must also first be appealed to the Planning Commission. The appeal shall be made by filing a written request with the City Clerk, together with an appeal fee, as established by a resolution of the City Council, within ten days from the date of the decision on the environmental document. The written request for appeal should contain the name, address and phone number of the appellant; the name, location and application number of the project being appealed; and the reason for the appeal. The appeal hearing shall be conducted within thirty (30) days after it is filed. Any member of the City Council may appeal the decision by so informing the City Clerk in writing during the ten day appeal period. City fRosemmdEniironmenta(Proeedures 31 Project Appeals If the person or entity filing the appeal also is appealing the project decision, the project appeal should be combined with the environmental appeal and a single appeal fee charged. An appeal of a project shall not be deemed to include an appeal of the Environmental Document relating to the project unless the appeal so specifies and an appeal of the Environmental Document shall not be deemed to include an appeal of the project unless the appeal so specifies. Notice of Determination [Public Resources Code § 21152, Guidelines §§ 15075, 15094] Within five working days after the approval of a project becomes final, the City shall file a Notice of Determination with the County Clerk (See Appendix "D" for Notice of Determination form); a project does not become final until the appeal period has run out. If the project requires a discretionary approval from any State agency, the notice shall also be filed with the Governor's Office of Planning and Research. Filing and posting the Notice of Determination starts a 30-day statute of limitations on court challenges to CEQA approvals. Failing to file the Notice of Determination extends the statute of limitations to one hundred eighty (180) days. I. ENVIRONMENTAL DOCUMENTS ORIGINATING FROM OTHER AGENCIES • Review and Comments Environmental documents sent to the City for review should be forwarded to the Community Development Department for distribution to specific City departments as applicable. The Community Development Department (or other designated department) will receive comments from other City departments and will forward these comments, along with its own, to the Lead Agency which has requested the review and comment. Public Hearings A public hearing may, but need not, be held on such documents. The City has the discretion to hold a public hearing and /or refer the documents to the Planning Commission or City Council for their review and comments prior to forwarding the City's comments to the Lead Agency. SECTION 3.0 SPECIFIC IMPACTS A. GREENHOUSE GASES (GHGS) The most significant recent changes to the analysis of environmental impacts are • associated with the cluster of laws adopted with respect to global warming. CEQA now requires that a determination be made relating to the significance of City f7tesemeadEnv rvnmentafProcedures 32 greenhouse gas emissions. [Guidelines § 15064.4] Factors to Consider The City shall consider the following factors, among others, when determining the significance of GHG impacts: 1. The extent to which the project may increase or reduce GHG emissions as compared to the existing environment; 2. Whether the project emissions exceed a threshold that the City determines applies to the project, including the thresholds set forth below; and 3. The extent to which the project complies with regulations or requirements of a plan for the reduction or mitigation of GHGs. GHG Mitigation Measures [Guidelines § 15126.4(c)] GHGs shall be subject to mitigation measures and monitoring. Mitigation measures may include: 1. Measures in an existing plan or mitigation program; • 2. Reductions in emissions resulting from a project through implementation of project features, project design, or other measures; 3. Off -site measures, including offsets that are not otherwise required; 4. Measures that control greenhouse gases; 5. Applicants should view the following website of the California Attorney General for ideas of design features that can be incorporated into a project to reduce GHGs: http / /ag.ca.gov /globalwarming/ dp f /GW mitigation measures.pdf Additional information is available on the California Governor's Office of Planning and Research's CEQA Guidelines and Greenhouse Gases webpage:hft gpy/index.php?a=ceqa/index.html. B. WATER ASSESSMENTS [Water Code §§ 10910 - 10915, Guidelines § 15155] Water assessments shall be included in an environmental document prepared for a "water - demand project." At the time that the City determines that an • environmental document is required for such a project, it must identify the water provider in order to request the water assessment. The water assessment must City f RasemwdEnvironmentaiProcedures 33 • • contain an evaluation of a twenty (20) year water supply for the project, as well as other existing and planned future uses. The City may include its own evaluation of the water agency's assessment in the environmental document. The City shall make a determination, based on the entire record, whether the projected water supplies will be sufficient to satisfy the demands for the project in addition to existing and planned future uses. If the City determines that the supplies will not be sufficient, this determination must be included in its findings for the project. City f Posemead Ein ronmental-Pratedures 34 NOTICE OF EXEMPTION To: ❑ Office of Planning and Research P.O. Box 3044, Room 113 Sacramento, CA 95814 0 County Clerk County of Los Angeles 12400 E. Imperial Highway Norwalk, CA 90650 Project Title: Project Project Location — Specific: From: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Project Location — City: City of Rosemead Project Location — County: County of Los Angeles Description of Nature, Purpose, and Beneficiaries of Project: Name of Public Agency Approving Name of Person or Agency Carrying Out Project: Exemp t Status: (check one) Ministerial (Sec, 21080 (b)(1); 15268); Declared Emergency (Sec. 21080(b)(3); 15269(c) Emergency Project (Sec. 21080(b)(4); 15269 (b)(c); Categorical Exemption. State type and section number ❑ Statutory Exemptions. State code number: Reason why project is exempt: Lead Agency Contact Person: Area Code/Telephone /Extension: If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project ❑ Yes ❑ No O Signed by Lead Agency ❑ Signed by Applicant Authority cited: Sections 21083 and 21110, Public Resources Code. Date received for filing at Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. • � F O 5 ��� e oP alY,i �.R CITY OF ROS ..cdyofrowmmLM ENVIRONMENTAL INFORMATION FORM Date GENERAL INFORMATION 1. Name and address of developer or project sponsor: 2. Address of project: Assessors Block and Lot Number: 3. Name, address and telephone number of person to be contacted concerning this project: 4. Indicate number of the permit application for the project to which this form pertains: • 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional and federal agencies: 6. Existing Zoning district: 7. Proposed use of site (Project for which this form is filed): • EXISTING PROPERTY INFORMATION This section of the Environmental Assessment is for information regarding the Existing property only. *Your application is complete when all attached supplemental applications are completed and submitted. The project planner will notify you if any additional items or reviews are necessary. Square Footage of Property: Surrounding Land Uses: North: South: East: West: PG 1 Average slope of land if over 15% COMMUNITY DEVELOPMENT DEPARTMENT // 8838 EAST VALLEY BOULEVARD T 628. 8842140 PLANNING DIVISION ROSEMEAD, CA 91770 F 626307 -9218 0 t:Y1SrING RI 111 nINGf3t BUILDING A BUILDING B BUILDING C BUILDING D Total gross square footage Total commercial gross square footage Total residential gross square footage Year built Building footprint in square feet Open space / landscaping square footage Paving square footage Number of parking spaces Height of building in feet Number of stories Number of housing units Square feet to be demolished Number of covenanted affordable units demolished Number of housing units demolished Number of hotel / motel rooms to be demolished To be altered? ( yes / no ) To be relocated? ( yes / no ) Un reinforced masonry?( yes / no ) Type of use (i.e. residential, commercial, mixed uses, ADDRESS OF LOCATIONS OF EXISTING BUILDINGS: *Building A: • Building B: Building Q Building D: PG 2 COMMUNITY DEVELOI PLANNING DIVISION ` Continue to Proposed Information Section 8838 EAST VALLEY BOULEVARD T 828-589-2140 ROSEMEAD, CA 91770 F 626307-9218 • • PROPOSED PROJECT INFORMATION This section of the Environmental Assessment is for information regarding the Proposed project only. 1. Estimated Valuation: 2. Explain if the project is located in a geological hazard area (i.e. hillside area, Seismic fault, erosive (For more information, please review the City's Geotechnical and Engineering Geology Consultation and Review Process Handout for projects that are required to submit these special studies.) 3. Amount of grading proposed: Cut: Fill: Balance: Imported: Exported: 4. Type of development (single family residence, apartments, condominiums, commercial, industrial, institutional): PROPOSED BUILDING(S) BUILDING A BUILDING B BUILDING C BUILDING D Total gross square footage Total commercial gross square footage Total residential gross square footage Building footprint in square feet Open space square footage Landscaping square footage Height of building in feet Number of stories Number of parking spaces Number of housing units Number of bedrooms Hotel / motel number of rooms Hours of operation Number of employees Square feet of restaurant seating area Number of fixed seats (restaurant) Number of hotel / motel rooms to be UBC occupancy group UBC construction type Fire sprinklers? yes / no Type of use (i.e. residential, commercial, PG 3 If there are additional buildings on the site, please attach a separate sheet with the above Information for each building. COMMUNMY DEVELOPMENT DEPARTMENT /1 8839 EAST VALLEY BOULEVARD T 628 - 569.2746 01 ANNIMP n1%AQ11N DnSFNIFAn f.AQ477n F A'M 7-WIA PG 4 5. If residential, include the number of units, schedule of unit sizes, range of sales prices or rents, and type of household size expected. 6. If commercial, indicate the type, whether neighborhood, city or regionally orientated, square footage of sales area, and loading facilities. 7. If industrial, indicate type, estimated employment per shift, and loading facilities. 8. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. 9. Total housing units: 10. Is this an affordable Housing Project? Yes ❑ No ❑ # of affordable units: ATTACH AN EXPLANATION of any questions answered with yes. 11. Is this a phased project? Yes ❑ No ❑ 12. Will there be demolition or removal of any structure of any age? Yes ❑ No ❑ 13. Will there be any alteration of any existing structure? Yes ❑ No ❑ 14. Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). COMMUNnY DEVELOI DI &NNINI_ n"Qi 1N 8838 EAST VALLEY BOULEVARD T 626-56 9-2140 Pn1 pugAn r.Aai �n F R'M.MI_091R Yes No 1. Change in existing features of any bays, tidelands, beaches, or hills, or substantial alteration of ground contours. 2. Change in scenic vistas from existing residential areas or public lands or roads. 3. Change in patter, scale or character of general area of project. COMMUNnY DEVELOI DI &NNINI_ n"Qi 1N 8838 EAST VALLEY BOULEVARD T 626-56 9-2140 Pn1 pugAn r.Aai �n F R'M.MI_091R • ENVIRONMENTAL SETTING 1. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing • structures on the site, and the use of the structures. Attach photographs of the site. Snapshot or polaroid photos will be accepted. 2. Describe the surroundings properties, including information on plant and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one - family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, rear yard, etc.). Attach photographs of the vicinity. Snapshot or polaroid photos will be accepted. • CERTIFICATION I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. FIG 5 Date Signature For COMMUNITY DEVELOPMENT DEPARTMENT // 8838 EAST VALLEY BOULEVARD T 8265862140 P1 Ammlmr nftASInN Cl1RFYFCl1 na QiT F Al0.i T-W1H Yes No 4. Significant amounts of solid waste or litter. 5. Change in dust, ash, smoke, fumes or odors in vicinity. 6. Change in ocean, bay, lake, stream or ground water quality or quantity, or alternation of existing drainage patterns. 7. Substantial change in existing noise or vibration levels in the vicinity. 8. Site on filled land or on slope of 10 percent or more. 9. Use of disposal of potential hazardous materials, such as toxic substances, flammables or explosives. 10. Substantial change in demand for municipal services (police, fire, water, sewage, etc.). 11. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.) 12. Relationship to a larger project or series of projects. El El ENVIRONMENTAL SETTING 1. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing • structures on the site, and the use of the structures. Attach photographs of the site. Snapshot or polaroid photos will be accepted. 2. Describe the surroundings properties, including information on plant and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one - family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, rear yard, etc.). Attach photographs of the vicinity. Snapshot or polaroid photos will be accepted. • CERTIFICATION I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. FIG 5 Date Signature For COMMUNITY DEVELOPMENT DEPARTMENT // 8838 EAST VALLEY BOULEVARD T 8265862140 P1 Ammlmr nftASInN Cl1RFYFCl1 na QiT F Al0.i T-W1H 0 4 CITY OF ROSEMEAD HAZARDOUS WASTE SITE DECLARATION SHEET I certify that I have reviewed the Hazardous Waste and Substance Sites List on file with the State of California Department of Toxic Substances Control in conformance with the requirements of Government Code Section 65962.5. There are no Hazardous Waste and Substances Sites listed for the subject property or nearby the property. This statement is true and correct to the best of my knowledge. • Signature of Owner /Representative: • PG 6 Printed Name of Owner /Representative: COMMUNITY DEVELOPMENT DEPARTMENT // 6635 EAST VALLEY BOULEVARD T 626-56 9-2140 01 AMNiur_nnnonu PMPUPAn r4a +nn c Avz 7-mm • ENTAL CHEC CITY OF ROSEMEAD �`oRroa. o o5A PLANNING DIVISION 8838 E. VALLEY BLVD. ROSEMEAD, CALIFORNIA 91770 1. Project title: 2. Lead agency name and address: 3. Contact person and phone number: 4. Project location: 5. Project sponsor's name and address: 8. General plan designation: 7. Zoning: 8. Description of project. (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) 9. Surrounding land uses and setting. (Briefly describe the project's surroundings.) 10. Other Agencies whose approval is required (e.g., permits, financing approval, or participation agreement). - • I -I u-9.I Ihi_I-T At-t -ECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Biological Resources ❑ Greenhouse Gas ❑ Emissions ❑ Land Use /Planning ❑ Population/Housing, ❑ Agriculture ❑ Resources ❑ Cultural Resources El Hazards & Hazardous Materials ❑ Mineral Resources ❑ Public Services ❑ Transportation/Traffic ❑ Utilities /Services Systems 1 ❑ Air Quality ❑ Geology /Soils [I Hydrology/Water Quality ❑ Noise ❑ Recreation E] Mandatory Findings of Significance Appendix A 9 DETERMINATION On the basis of this initial evaluation: ❑ 1 find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ 1 find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ 1 find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ 1 find that the proposed project may have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL MPACT REPORT is required, but it must analyze only the effects that remain to be addressed. • ❑ 1 find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revision or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Date Printed Name • 2 Appendix A • EVALUATION OF ENVIRONMENTAL IMPACTS A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project - specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project - specific screening analysis). 2. All answers must take account of the whole action involved, including off -site as well as on- site, cumulative as well as project - level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact' entries when the determination is made, an EIR is required. 4. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant • Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation from Section XVII, "Earlier Analyses ", may be cross - referenced). • 5. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other California Environmental Quality Act (CEQA) process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3) (D). Earlier analyses are discussed in Section 17 at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. This is only a suggested form, and lead agencies are free to use different ones. 9. The analysis of each issue should identify: (a) the significance criteria or threshold used to evaluate each question; and (b) the mitigation measure identified, if any, to reduce the impact to less than significant. 3 Appendix A 0 • • ENVIRONMENTAL CHECKLIST 4 Appendix A Less Than Potentially Significant Less Than Significant With Significant No Environmental Issues Impact Mitigation Impact Impact 1. Aesthetics Would the project. a) Have a substantial adverse effect on a scenic ❑ ❑ ❑ ❑ vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock 1:1 El 13 1:1 outcroppings, and historic building within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its ❑ ❑ ❑ ❑ surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime ❑ ❑ ❑ ❑ views in the area? 2. Agriculture and Forestry Resources In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the ❑ ❑ ❑ ❑ Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, ❑ ❑ ❑ ❑ or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section ❑ ❑ ❑ ❑ 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of ❑ El El El forest land to non - forest use? e) Involve other changes in the existing environment which, due to their location or 11 El could result in conversion of Farmland, to non - agricultural use? 4 Appendix A • \J • 5 Appendix A Less Than Potentially Significant Less Than Significant With Significant No Environmental Issues Impact Mitigation Impact Impact 3. Air Quality Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project., a) Conflict with or obstruct implementation of the ❑ ❑ ❑ ❑ applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air ❑ ❑ ❑ ❑ quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality ❑ ❑ ❑ ❑ standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial El El El 1:1 pollutant concentrations? e) Create objectionable odors affecting a 11 El El El substantial number of people? 4. Biological Resources Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, ❑ ❑ ❑ ❑ policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, E] El 1:1 E] policies, and regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited E] El to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or ❑ ❑ ❑ ❑ migratory wildlife corridors, or impede the use of wildlife nursery sites? 5 Appendix A • • N Appendix A Less Than Potentially Significant Less Than Significant With Significant No Environmental Issues Impact Mitigation Impact Impact e) Conflict with any local policies or ordinances protecting biological resources, such as a tree ❑ ❑ ❑ ❑ preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community ❑ E] El ❑ Conservation Plan, or other approved local, regional, or state habitat conservation plan? 5. Cultural Resources Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined ❑ ❑ ❑ ❑ in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource ❑ ❑ ❑ ❑ pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique ❑ ❑ ❑ ❑ geologic feature? d) Disturb any human remains, including those ❑ El El El interred outside of formal cemeteries? 6. Geology and Soils Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or ❑ ❑ ❑ ❑ based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ ❑ ❑ iii) Seismic - related ground failure, including 1:1 El 11 liquefaction? iv) Landslides? ❑ ❑ ❑ ❑ b) Result in substantial soil erosion or the loss of El E] El E] topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project and potentially result in on- ❑ ❑ ❑ ❑ or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? N Appendix A • • • 7 Appendix A Less Than Potentially Significant Less Than Significant With Significant No Environmental Issues Impact Mitigation Impact Impact d) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code El 1:1 El 11 (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater ❑ ❑ ❑ ❑ disposal systems where sewers are not available for the disposal of wastewater? 7. Greenhouse Gas Emissions Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant ❑ ❑ ❑ ❑ impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing ❑ ❑ ❑ ❑ the emissions of greenhouse gases? 8. Hazards and Hazardous Materials Would the project. a) Create a significant hazard to the public or the environment through the routine transport, use, ❑ ❑ ❑ ❑ or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the ❑ ❑ ❑ ❑ likely release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or 1:1 El El 1:1 waste within one - quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code 65962.5 and, as a result, ❑ ❑ ❑ ❑ would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or ❑ 1:1 ❑ 1:1 public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety 11 El El 1:1 hazard for people residing or working in the project area? 7 Appendix A • 0 • 0 Appendix A Less Than Potentially Significant Less Than Significant With Significant No Environmental issues Impact Mitigation Impact Impact g) Impair implementation of or physically interfere with an adopted emergency response plan or ❑ ❑ ❑ ❑ emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to ❑ ❑ ❑ ❑ urbanized areas or where residences are intermixed with wildlands? 9. Hydrology and Water Quality Would the project: a) Violate any water quality standards or waste El ❑ El 11 requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production ❑ ❑ ❑ ❑ rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? c) Substantially alter the existing drainage pattern of area, including through the alteration of the course of a stream or river, in a manner which ❑ ❑ ❑ ED would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or El El ID substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off -site? e) Create or contribute runoff water which would exceed the capacity of existing or planned 1:1 E] El stonnwater drainage systems or provide substantial additional sources of polluted runoff? I) Otherwise substantially degrade water quality? ❑ ❑ ❑ ❑ g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard 11 El El Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures, which would impede or redirect flood ❑ ❑ ❑ ❑ flows? 0 Appendix A C� 11 0 0 Appendix A Less Than Potentially Significant Less Than Significant With Significant No Environmental Issues Impact Mitigation Impact Impact i) Expose people or structures to a significant risk of loss, injury or death involving flooding, ❑ 1:1 El 11 including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ ❑ 10. Land Use and Planning Would the project: a) Physically divide an established community? ❑ ❑ ❑ ❑ b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local ❑ ❑ ❑ ❑ coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation ❑ ❑ ❑ ❑ plan or natural communities conservation plan? 11. Mineral Resources Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the ❑ ❑ ❑ ❑ region and the residents of the state? b) Result in the loss of availability of a locally- important mineral resource recovery site El 11 El 1:1 delineated on a local general plan, specific plan or other land use plan? 12. Noise Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the 11 El El El local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome vibration or ❑ ❑ ❑ ❑ groundbome noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels ❑ ❑ ❑ ❑ existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above ❑ ❑ ❑ ❑ levels existing without the project? 0 Appendix A • • • 10 Appendix A Less Than Potentially Significant Less Than Significant with Significant No Environmental Issues Impact Mitigation Impact Impact e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or ❑ ❑ ❑ ❑ public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people ❑ El El 11 residing or working in the project area to excessive noise levels? 13. Population and Housing Would the project: a) Induce substantial population growth in an area, either directly (e.g., by proposing new homes El El El 11 and businesses) or indirectly (e.g., through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of ❑ ❑ ❑ ❑ replacement housing elsewhere? c) Displace substantial numbers of people necessitating the construction of replacement ❑ ❑ ❑ ❑ housing elsewhere? 14. Public Services Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire Protection? ❑ ❑ ❑ ❑ b) Police Protection? ❑ ❑ ❑ ❑ c) Schools? ❑ ❑ ❑ ❑ d) Parks? ❑ ❑ ❑ ❑ e) Other public facilities? ❑ ❑ ❑ ❑ 15. Recreation a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial ❑ ❑ ❑ ❑ physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of El ❑ 11 ❑ recreational facilities, which might have an adverse physical effect on the environment? 10 Appendix A • • • 11 Appendix A Less Than Potentially Significant Less Than Significant With Significant No Environmental Issues Impact Mitigation Impact Impact 16. Transportation/Traffic Would the project. a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a ❑ ❑ ❑ ❑ substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the ❑ ❑ ❑ ❑ county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a ❑ El El El change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous ❑ ❑ ❑ ❑ intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ ❑ ❑ ❑ f) Result in inadequate parking capacity? ❑ ❑ ❑ ❑ g) Conflict with adopted policies, plans, or programs supporting alternative transportation ❑ ❑ ❑ ❑ (e.g., bus turnouts, bicycle racks)? 17. Utilities and Service Systems Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control ❑ ❑ ❑ ❑ Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction ❑ ❑ ❑ ❑ of which could cause significant environmental effects? c) Require or result in the construction of new stone water drainage facilities or expansion of ❑ ❑ ❑ E] existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and ❑ ❑ ❑ ❑ resources, or are new or expanded entitlements needed? 11 Appendix A • • • 12 Appendix A Less Than Potentially Significant Less Than Significant with Significant No Environmental Issues Impact Mitigation Impact Impact e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to ❑ ❑ ❑ ❑ serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid ❑ ❑ ❑ ❑ waste disposal needs? g) Comply with federal, state, and local statutes El El El El and regulations related to solid waste? 18. Mandatory Findings of Significance a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a 1:1 El El El plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project El 1:1 13 El are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects, which will cause substantial adverse effects on ❑ ❑ ❑ ❑ human beings, either directly or indirectly? 12 Appendix A • EVALUATION OF ENVIRONMENTAL IMPACTS u 13 Appendix A • 1. AESTHETICS: (Discussion Required) 2. AGRICULTURAL AND FORESTRY RESOURCES (Discussion Required) 3. AIR QUALITY (Discussion Required) 4. BIOLOGICAL RESOURCES (Discussion Required) 5. CULTURAL RESOURCES (Discussion Required) 6. GEOLOGY AND SOILS (Discussion Required) 7. GREENHOUSE GAS EMISSIONS • (Discussion Required) 8. HAZARDS AND HAZARDOUS MATERIALS (Discussion Required) 9. HYDROLOGY AND WATER QUALITY (Discussion Required) 10. LAND USE AND PLANNING (Discussion Required) 11. MINERAL RESOURCES (Discussion Required) 12. NOISE (Discussion Required) 13. POPULATION AND HOUSING • (Discussion Required) 14 Appendix A • 14. PUBLIC SERVICES (Discussion Required) 15. RECREATION (Discussion Required) 16. TRANSPORTATION/TRAFFIC (Discussion Required) 17. UTILITIES AND SERVICE SYSTEMS (Discussion Required) 18. MANDATORY FINDINGS OF SIGNIFICANCE (Discussion Required) • r�L 15 Appendix A 0 0 n U References 16 Appendix A Notice of Determination • To: ❑ Office of Planning and Research For US. Mail: Street Address: P.O. Box 3044 1400 Tenth St. Sacramento, CA 95812 -3044 Sacramento, CA 95814 ❑ County Clerk County of Address: From: Public Agency: Address: Contact: Phone: Lead Agency (if different from above): Address: Contact: Phone: SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. State Clearinghouse Number (if submitted to State Clearinghouse): Project Title: Project Location (include county): Project Description: This is to advise that the has approved the above described project on IJ Lead Agency or U Responsible Agency and has made the following determinations regarding the above described project: (Date) I. The project [E] will ❑ will not] have a significant effect on the environment. 2. E] An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. ❑ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures [E] were F1 were not] made a condition of the approval of the project. 4. A mitigation reporting or monitoring plan [❑ was ❑ was not] adopted for this project. 5. A statement of Overriding Considerations [❑ was ❑ was not] adopted for this project. 6. Findings [D were D were not] made pursuant to the provisions of CEQA. This is to certify that the final EIR with comments and responses and record of project approval, or the Negative Declaration, is available to the General Public at: Signature (Public Agency) Date Date received for filing at OPR: • Title • Notice of Preparation To: (Agency) (Address) Lead Agency: Agency Name Street Address _ City/State /Zip Subject: Notice of Preparation of a Draft Environmental Impact Report Consulting Firth (If applicable): Firm Name Street Address City/State /Zip Contact will be the Lead Agency and will prepare an environmental impact report for the project identified below. We need to know the views of your agency as to the scope and content of the environmental information which is germane to your agency's statutory responsibilities in connection with the proposed project. Your agency will need to use the EIR prepared by our agency when considering your permit or other approval for the project. The project description, location, and the potential environmental effects are contained in the attached materials. A copy of the Initial Study is attached. •Due to the time limits mandated by State law, your response must be sent at the earliest possible date but not later than 30 days after receipt of this notice. Please send your response to at the address shown above. We will need the name for a contact person in your agency. Project Title: Project Location: City (nearest) County Project Description: (brief) Date Signature _ Title Telephone Reference: California Code of Regulations, Title 14, (CEQA Guidelines) Sections 15082(a), 15103, 15375. r 1 f•J • • Notice of Completion & Environmental Document Transmittal Mail to: State Clearinghouse, Y.V. BOX 3144, Sacramento, CA 9-')812-3144 (9 For Hand Delivery/Street Address., 1400 Tenth Street, Sacramento, CA 95814 Project Title: _ Lead Agency: _ Mailing Address: City: Zip: Contact Person: Phone: County: Appendix C — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Project Location: County: City/Nearest Community: Cross Streets: Zip Code: LongitudetLatimde (degrees, minutes and seconds): _° _' _" N / _° _' W Total Acres: Assessor's Parcel No.: Section: Twp.: Range: Base: Within 2 Miles: State Hwy #: Waterways: Airports: Railways: Schools: Document Type: CEQA: ❑ NOP ❑ Draft EBt NEPA: ❑ NOI Other: ❑ Joint Document ❑ Early Cons ❑ Supplement/Subsequent EIR ❑ EA ❑ Final Document ❑ Neg Dec (Prior SCH No.) ❑ Draft EIS ❑ Other. ❑ Mit Neg Dec Other. ❑ FONSI MW ❑ Educational: — — — — — — — — — — Local Action Type: — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — ❑ General Plan Update ❑ Specific Plan ❑ Rezone ❑ Annexation ❑ General Plan Amendment ❑ Master Plan ❑ Prezone ❑ Redevelopment ❑ General Plan Element ❑ Planned Unit Development ❑ Use Permit ❑ Coastal Permit ❑ Community Plan ❑ Site Plan ❑ Land Division (Subdivision, etc.) ❑ Other. Development Type: ❑ Residential: Units Acres ❑ Office: Sq.ft. Acres Employees ❑ Transportation: Type ❑ Commercial:Sq.ft. Acres Employees ❑ Mining: Mineral ❑ Industrial: Sq.ft. Acres Employees ❑ Power. Type MW ❑ Educational: ❑ Waste Treatment:Type MGD ❑ Recreational: ❑ Hazardous Waste:Type ❑ Water Facilities:Type MGD ❑Other: — — — — — — — — — — — — — — — — — — — — — Project Issues Discussed in Document: — — — — — — — — — — — — — — — — — — — — — — — — — ❑ Aesthetic/Visual ❑ Fiscal ❑ Recreation/Parks ❑ Vegetation ❑ Agricultural Land ❑ Flood Plain/Flooding ❑ Schools/Universities ❑ Water Quality ❑ Air Quality ❑ Forest Land/Fire Hazard ❑ Septic Systems ❑ Water Supply /Groundwater ❑ ArcheologicaUHistorical ❑ Geologic /Seismic ❑ Sewer Capacity ❑ Wetland/Riparian ❑ Biological Resources ❑ Minerals ❑ Soil Erosion/Compaction/Grading ❑ Growth Inducement ❑ Coastal Zone ❑ Noise ❑ Solid Waste ❑ Land Use ❑ Dramage/Absorption ❑ Population/Housing Balance ❑ Toxic /Hazardous ❑ Cumulative Effects ❑ EconomictJobs ❑ Public Services/Facilities ❑ Traffic/Circulation ❑ Other. — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — PresentLand Use/Zoning/GeneralPlan Designation: — — — — — — — — — — — s — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Project Description: (please use a separate page i /necessary) Note: The State Clearinghouse will assign identification numbers for all new projects. If a SCN monber already exists for a project (e.g. Notice of Preparation or previous dmft document) please fill in Revised 2010 • r1 ICJ Reviewing Agencies Checklist Lead Agencies may recommend State Clearinghouse distribution by marking agencies below with and "X ". If you have already sent your document to the agency please denote that with an "S ". Air Resources Board Boating & Waterways, Department of California Emergency Management Agency California Highway Patrol _ Caltrans District #_ _ Caltrans Division of Aeronautics Caltrans Planning _ Central Valley Flood Protection Board Coachella Valley Mms. Conservancy Coastal Commission Colorado River Board Conservation, Department of Corrections, Department of _ Delta Protection Commission Education, Department of Energy Commission Fish & Game Region #_ Food & Agriculture, Department of Forestry and Fire Protection, Department of _ General Services, Department of _ Health Services, Department of Housing & Community Development _ Native American Heritage Commission Local Public Review Period (to be filled in by lead agency) Starting Date Lead Agency (Complete if applicable): Consulting Firm Address: City/State/Zip: _ Contact: Phone: Signature of Lead Agency Representative: _ Office of Historic Preservation _ Office of Public School Construction Parks & Recreation, Department of Pesticide Regulation, Department of _ Public Utilities Commission Regional WQCB #_ Resources Agency _ Resources Recycling and Recovery, Department of S.F. Bay Conservation & Development Comm. San Gabriel & Lower L.A. Rivers & Mms. Conservancy San Joaquin River Conservancy _ Santa Monica Mts. Conservancy _ State Lands Commission _ SWRCB: Clean Water Grants _ SWRCB: Water Quality SWRCB: Water Rights Tahoe Regional Planning Agency _ Toxic Substances Control, Department of Water Resources, Department of _ Other: Other: Ending Date Applicant: Address: City/State/Zip: Phone: Authority cited: Section 21083, Public Resources Code. Reference: Section 21161, Public Resources Code. Date: Revised 2010 State of California - Department of Fish and Wildlife ,11VeiW NO EFFECT DETERMINATION REQUEST • DFW 866 (Rev 01/13) r� U • No Effect Determination Request Form Instructions Applicant Name and Address Full name and address of the CEQA project applicant Date Submitted Date of No Effect Determination Request Form submission Phone Number CEQA project applicant's phone number Email CEQA project applicant's email address Fax Number Primary fax line for the CEQA project applicant Contact Person and Address Full name and address of the person that should be contacted should additional information be needed to issue an NED Phone Number Contact person's direct phone or cell number Email Contact person's email address Fax Number Contact person's direct fax number (if available) CEQA Lead Agency The agency responsible for primary approval of the project, and for filing the Notice of Determination, or Decision, and any applicable findings SCH Number and/or Local State Clearinghouse Number— "SCH" — tracking number generated Agency ID Number by Office of Planning and Research (OPR) when a project's CEQA documents are filed/circulated withtthrough OPR's State Clearinghouse Local Agency ID Number — tracking/file number generated by the local agency (e.g. city or county) when a local agency is CEQA lead AND the project's CEQA documents will not be filed /circulated with/through OPR's State Clearinghouse CEQA Document Type Options include: • Negative Declaration, • Mitigated Negative Declaration, • Environmental Impact Report, or • Document for Certified Regulatory Program Project Location May be the projects street address including city and county, geographic coordinates (latitude /longitude, LITM), public land survey system coordinates (township /range /section), or other description that clearly indicates the location of the project site Submit an aerial photograph and /or topographic map showing the project location if otherwise not included with the CEQA document Brief Project Description Please include details on the type of project; e.g. new construction (with square footage), demolition of existing buildings, adaptive reuse of existing buildings, zoning amendments, general plan amendments, conditional use for sale of alcoholic beverages, etc. Justification of No Effect Explain how the proposed project has no effect on fish and wildlife Determination consistent with CCR Title 14 § 753.5(d) State of California - Department of Fish and Wildlife NO EFFECT DETERMINATION REQUEST DFW 866 (Rev 01/13) • Lead agencies or project applicants that anticipate their project having no effect on fish and wildlife may use this form to request a "No Effect' Determination (NED) from the California Department of Fish and Wildlife (Department). This forth prompts submittal of required information specified in the California Code of Regulations (Title 14 Section 753.5(c)(1)(A)). The California Environmental Quality Act (CEQA) document that was prepared for the project or a link to the webpage where the CEQA document has been published must also be provided with the written request. I1 LJ • Requests should be submitted when the CEQA document is released for public review, or as early as possible in the public comment period. Requests should include sufficient documentation to support a no effect determination, and must be submitted to the appropriate Regional Office . Requests for projects with multi -region or statewide impacts should be submitted to the Habitat Conservation Planning Branch. If insufficient documentation is submitted, or if the project will cause a physical disturbance to habitat regardless of the magnitude of effect or size of a project a NED will not be issued. Please refer to Title 14 California Code of Regulations 753.5(d) for determination criteria. Date Submitted: Applicant Name: Phone Number: Address: City: State: Zip: Fax Number: Email: Contact Person: Phone Number: Address: City: State: Zip: Fax Number: Email: CEQA Lead Agency: Project Name: SCH Number and /or Local Agency ID number: CEQA Document Type: Select CEQA Document Type Project Location: (Include street address, city, county, IatMrg, township/range/section, or other description that dearly indicates the location of the project she. Submit an aerial photograph and/or topographic map showing the pmject location if otherwise not included with the CEQA document) Use "Comment" section on next page if more room is needed. Brief Project Description: (Include details on the type of project; e.g. new constmction [with square footage], demolition of existing buildings, adaptive reuse of existing buildings, zoning amendments, general plan amendments, wnditional use for sale of alcoholic beverages, etc.) Use "Comment' section on next page if more room is needed. Justification of No Effect Determination [Explain how the proposed project has no effect on fish and wildlife consistent with 14 CCR § 753.5(d)]: Use "Comment" section on next page if more room is needed. E 0 State of California - Department of Fish and Wildlife NO EFFECT DETERMINATION REQUEST DFW866(Rev01/13) COMMENTS (Continued from previous page) Project Location: (include street address, city, county, lat/long, townshiptrange/section, or other description that dearly indicates the location of the project site. Submit an aerial photograph and/or topographic map showing the project location if otherwise not included with the CEQA document) COMMENTS (Continued from previous page) Brief Project Description: (include details on the type of project e.g. new construction [with square footage], demolition of existing buildings, adaptive muse of existing buildings, zoning amendments, general plan amendments, conditional use for sale of alcoholic beverages, etc.) COMMENTS (Continued from previous page) Justification of No Effect Detennination [Explain how the proposed project has no effect on fish and wildlife consistent with 14 CCR § 753.5(d)]: 0 n u n -n 0 N • Chapter 5.41 HOME OCCUPATIONS SECTIONS: 5.41.010 Purpose and intent. 5.41.020 License required. 5.41.030 License renewal. 5.41.040 License is nontransferable. 5.41.050 Application submittal. 5.41.060 Process and procedure. 5.41.070 Review authority. 5.41.080 Accessory use. 5.41.090 General requirements. 5.41.100 Prohibited uses. 5.41.110 Cottage food operations. 5.41.120 License revocation. 5.41.130 Appeals. 5.41.140 Reapplication after revocation. 5.41.150 Violations. 5.41.010 Purpose and intent. • These regulations are provided so that certain incidental and accessory uses may be established in residential neighborhoods as home occupations under conditions that will ensure their compatibility with the neighborhood. 5.41.020 License required. A. No person may establish or operate a home occupation within the City without first obtaining, and continuing to maintain in full force and effect, a Home Occupation Business License. The issuance of a Home Occupation Business License shall satisfy the requirement of this code that every applicable business obtain a business license. B. Every Home Occupation Business License is subject to the requirements of this chapter, and the regulations of the zoning district in which the business is located. C. A request for a Home Occupation Business License must be accompanied by a Home Occupation Business License Application, completed in full detail with the required current information set forth in Section 5.41.050. D. A Home Occupation Business License is valid for a period of one (1) year from the date of issuance. • E. If a Home Occupation Business License is not renewed, the Home Occupation 1 0 Business License shall become null and void. 5.41.030 License renewal. A. A Home Occupation Business License must be renewed on an annual basis, provided that the owner and the business continues to meet all applicable requirements set forth in this chapter. B. A request for license renewal must be accompanied by an updated Home Occupation Business License application, completed in full detail with current information. C. The application and appropriate fee must be received by the City at least 30 calendar days prior to the expiration of the existing license. D. The City will process a request for a license renewal in the same manner as the original application. 5.41.040 License is nontransferable. A Home Occupation Business License shall not be transferable. 5.41.050 Application submittals. • A. Application. Any person desiring to obtain a Home Occupation Business License must submit an application to the Community Development Director or his /her designee on the form provided by the City. The application must contain the following information and the following items: 1. Home Address 2. Applicant Name 3. Business Name (DBA) 4. Type and Description of Business. 5. Telephone Numbers (Home, Office, and Mobile) 6. Property Owner Name 7. Property Owner Address 8. Property Owner Telephone Numbers (Home and Mobile) 9. Size of Home in Square Feet 10. Size of Area to be used for Home Occupation in Square Feet 11. Site Plan and Floor Plan showing location of business 12. Location of this Area (Home or Garage) 13. Emergency Contact Information (Name and Phone Number) 14. Proof of Residence (grant deed, property tax bill, or picture identification) 15. A renter or lessee shall provide the lease contract, signed owner's approval on the Home Occupation Business License Application, and a • copy of his /her tax bill or grant deed 16. A renter or lessee shall provide picture identification `a 17. Every business owner shall sign a declaration on the application acknowledging their understanding and indicating their intention to comply with the operation requirements of this chapter B. Application fee. A fee, as established by Council resolution, shall be paid upon filing of such application. 5.41.060 Process and procedure A. Investigation. Following the submission of a completed application form, as well as all documents, materials, and fee required under Section 5.41.050, the Community Development Director, or his /her designee, will promptly undertake a review and evaluation of the applicant's proposal for the purpose of verifying the proposal's compliance with the requirements and conditions of this Chapter, as well as its consistency with zoning requirements of Title 17 of the Rosemead Municipal Code and the City's General Plan. Within fourteen (14) days after the filing of the application, the Community Development Director, or his /her designee, shall issue the license or a written statement shall be sent by certified mail to the applicant, setting forth the reasons for denial of the license. B. Approval. The Community Development Director, or his /her designee, shall issue • the license if he or she makes all of the following findings: 1. That the proposed home occupation is consistent with the zoning requirements of Title 17 and the City's General Plan; 2. That the proposed home occupation is consistent with the home occupation requirements and conditions of this Chapter and all other applicable Municipal Codes; 3. That no substantial evidence has been received which would indicate that the information contained in the application and supporting data is not true; and 4. That the applicant has agreed in writing to abide by and comply with all the conditions of the license and applicable laws. C. Denial. An application for a Home Occupation Business License shall be denied for any of the following reasons: 1. The application is incomplete and does not contain the required information, documents, materials, and fee required under Section 5.41.050; 2. An applicant has made one or more material misstatements in the application; 3. That the home occupation business, if licensed, will not comply with all applicable laws including, but not limited to, requirements and operation conditions of this Chapter, zoning requirements of Title 17, and all other applicable municipal codes; or 4. An applicant has had a license revoked for cause by the City within two (2) • years of the application date; c 0 5.41.070 Review authority. The Community Development Director, or his /her designee, may only issue a Home Occupation Business License that would be operated in full compliance with this chapter and the zoning requirements of Title 17 of the Rosemead Municipal Code. 5.41.080 Accessory use. Home occupations consistent with the requirements of this chapter are permitted as an accessory use to a residential use in compliance with residential permitted uses contained in Chapter 17.16 R -1 Single - Family Residential Regulations, Chapter 17.20 R -2 Light Multiple Residential Regulations, Chapter 17.24 R -3 Medium Multiple Residential Regulations, and Chapter 17.74 RC -MUDO Residential /Commercial Mixed Use Development Overlay Regulations. 5.41.090 General requirements. The establishment and conduct of home occupations, not including cottage food operations, shall comply with the following requirements of this Section. General requirements and standards for cottage food operations, as defined in Article 1, Section 17.04.050 of this Zoning Code, are provided Section 5.41.110 (Cottage food operations) • of this Chapter. A. All home occupations shall be conducted only within the enclosed area of the dwelling and shall be clearly incidental to the residential use of the structure. The business may be located in a garage, provided all off - street parking for the applicable zoning district is met. B. There shall be no outdoor display, sales or storage of materials or equipment related to the home occupation on the premises. C. There shall be no exterior evidence of the conduct of a home occupation. D. The principal character or use of the dwelling within which the home occupation is conducted shall in no way be altered (by the use of color, materials, construction, lighting, signs, sounds, noises, vibrations, display of equipment, etc.) so that it may be reasonably recognized as serving a non - residential use. E. No motor or mechanical equipment shall be permitted other than that normally incidental to the residential use of the structure, including but not limited to power tools, wood and metal working equipment, auto repair tools and equipment and any other tools or equipment that require a compressor, electrical power or which cause a substantial emanation of noise. • F. Home occupations may not generate pedestrian or vehicular traffic beyond that considered normal within the surrounding neighborhood. 4 • G. No storage of materials and /or supplies, indoors or outdoors, shall be permitted that will be hazardous to surrounding neighbors or detrimental to the residential character of the neighborhood. H. No more than two hundred (200) square feet of the residence shall be employed for the use of the home occupation. I. Electrical or mechanical equipment that creates visible or audible interference in television or radio receivers or causes fluctuations in line voltage outside of the dwelling unit shall be prohibited. J. No home occupation activity shall create dust, electrical interference, fumes, gas, odor, smoke, glare, light, noise, vibration, toxic /hazardous materials, liquid or solid waste or other hazards or nuisances other than that normally incidental to residential use of the structure. Home occupations shall not create any other negative effect that may be felt, heard, or otherwise sensed on adjoining parcels, as determined by the Community Development Director. K. Activities conducted and equipment or materials used shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of flammable, explosive, or hazardous materials. • L. Required residential off - street parking shall be maintained. M. There shall be no motor vehicles used or kept on the premises, except residents' passenger vehicles, and one (1) commercially licensed automobile, pick -up truck, or van. Furthermore, the commercial vehicle shall not exceed' /< ton. N. Any employees associated with the home occupation must be full -time residents of the dwelling. Proof of residency will be required at any time upon request by the City. O. Examples of acceptable home occupations, provided they do not violate any of the provisions of this Chapter include, but are not limited to: 1. Professional office for an architect, accountant, realtor, or sales representative. 2. Consulting businesses (provided all work is picked up and delivered to the client by resident). 3. Artist or author (provided all work is picked up and delivered to the client by resident). 4. Businesses such as home crafts are allowed if the home crafts are sold off- site (i.e. retail store, etc.). • 5.41.100 Prohibited uses. • The following list presents examples of commercial uses that are not incidental to or compatible with residential activities, are suitable only in nonresidential zoning districts, and are therefore prohibited as home occupations: • Wholesale and retail sales, not including cottage food operations (e.g. automobiles, merchandise, herb and /or pharmaceuticals, guns and /or ammunition, etc.); • Dating services; • Adult businesses; • Fortunetelling, palm reading, psychics, and similar activities; • Massage services; • Hair, nail, facial, and similar personal care; • Medical and dental offices; • Vehicle repair (body or mechanical), towing, or automobile detailing (e.g., washing, waxing, tinting, etc.) at the site of the home occupation; • Plumbing, machine, or sheet metal works; • Carpentry shops; • Contractor storage yard; • Testing, maintenance, repair, towing or storage of any boat, aircraft, or motorized vehicle; • Laundering of clothes or other articles; and • Animal kennels or breeding. • 5.41.110 Cottage food operations. All cottage food operations shall be required to obtain approval of a business license in accordance with the provisions of the Chapter and shall conform to the following standards and regulations: A. The applicant for the cottage food operation business license shall be the individual who conducts the cottage food operation from his or her private dwelling unit and is the owner of the cottage food operation. The permit shall not be transferable to another operator, nor transferable to another site. B. No cottage food operation shall be approved if: (1) the property line of the site of the proposed use is located within 300 feet and on the same street or the corner of cross - street of the property line of any single family home where another cottage food operation is located; or (2) if the proposed use is located within the same building of an apartment complex or other multi - family housing (i.e. condominiums or townhomes) where another cottage food operation exists. C. No greater than one (1) cottage food employee, as defined by California Health and Safety Code Section 113758(b)(1), and not including a family member or household member of the cottage food operator, shall be permitted on the premises of the • cottage food operation. D. All cottage food operations shall comply with the requirements of the Los Angeles n County Department of Public Health and the California Department of Public Health. E. Permitted food products that can be produced at the dwelling unit as part of the cottage food operation shall be limited to those cottage food products listed by the California Department of Public Health. F. Only cottage food products produced at the cottage food operation may be sold at the dwelling unit involved. G. The use shall be conducted within the portion of the subject dwelling registered and approved by the County of Los Angeles Department of Public Health. H. There shall be no change in the outside appearance of the dwelling unit or premises, or other visible evidence of the conduct of the cottage food operation. I. No signs shall be permitted for cottage food operations, except those required by government agencies. J. The use shall not generate pedestrian or vehicular traffic or parking needs beyond the normal to the residential district. Required residential off - street parking shall be maintained. • K. There shall be no motor vehicles used or kept on the premises, except residents' passenger vehicles, and no more than one (1) commercially licensed automobile, pick -up truck, or van. Furthermore, the commercial vehicle shall not exceed 3/ ton. L. All on site vehicle parking shall be conducted in a manner consisted with Rosemead Municipal Code. M. Visitation and deliveries incidental to the cottage food operation shall be limited to the hours of seven a.m. to seven p.m., Monday through Friday, eight a.m. to six p.m. Saturdays and Sundays, and shall not be permitted on holidays. N. Electrical or mechanical equipment that creates visible or audible interference in television or radio receivers or causes fluctuations in line voltage outside of the dwelling unit shall be prohibited. O. A cottage food operation shall not create dust, electrical interference, fumes, gas, odor, smoke, glare, light, noise, vibration, toxic /hazardous materials, liquid or solid waste or other hazards or nuisances other than that normally incidental to residential use of the structure. P. Activities conducted and equipment or materials used shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of flammable, explosive, or hazardous materials • Q. Gross annual sales shall not exceed the amount specified in California Health 7 and Safety Code Section 113758. R. The use shall conform to the noise standards prescribed in Municipal Code Title 8, Chapter 8.36. S. The cottage food operation shall comply with all applicable inspection requirements of Los Angeles County and Environmental Health. T. The cottage food operation shall cease, and the permit for the cottage food operation shall become null and void, when the use becomes detrimental to the public health, safety and welfare, or constitutes a nuisance, or when the use is in violation of any statute, law, or regulation. U. Additional conditions may be applied as deemed necessary by the Director. 5.41.120 License revocation. A. Grounds for Revocation. The Community Development Director may revoke a Home Occupation Business License when: 1. Any of the applicable requirements of this chapter ceases to be satisfied; or • 2. There is any criminal activity associated with the residence. 3. The application is discovered to contain incorrect, false or misleading information; or 4. The home occupation has been operated in violation of any of the requirements of this chapter and: a) If the violation is of a continuous nature, the business continues to be operated in violation of such provision for more than 15 days following the date written notice of such violation is mailed or delivered to the operator; or b) If the violation is of a non - continuous nature, one or more additional violations of the same provision, or two (2) or more violations of any other of the provisions, of this chapter occur within any 12 -month period. B. Notice of Revocation. 1. Upon determining that grounds for license revocation exist, a formal written notice of the proposed revocation will be provided to the owner. 2. Such notice must summarize the principal reasons for the proposed revocation, and state that the revocation will become effective on the 20th day after the notice was deposited in the U.S. mail, unless the owner files an appeal under Section 5.41.120. • 3. The notice must be delivered both by posting the notice at the location of the home occupation business, and by sending the same, by certified mail, to the E? 0 owner as that name and address appears on the license. 5.41.130 Appeals. A. Any interested person may appeal a decision of the Community Development Director regarding the denial or revocation of a Home Occupation Business License by filing a complete notice of appeal with the City Clerk within ten (10) days from the date notice of such decision is mailed. To be deemed complete, the appeal must: 1. Be in writing and state the grounds for disagreement with the Community Development Director's stated decision; 2. Include the address to which notice is to be mailed; 3. Be signed under penalty of perjury; and 4. Be accompanied by the filing fee established by City Council resolution. B. If an appeal is timely filed, the City Manager, or his /her designee, will hear the appeal and the City Clerk will cause to be set a date for the hearing of the appeal not more than 30 days from the date the appeal is received. 1. The hearing will be a de novo hearing on the action which is the subject of the appealed. 2. At the hearing, the appellant will have the right to offer testimonial, • documentary and tangible evidence bearing upon the issues. 3. The City Manager, or his /her designee, will not be bound by the formal rules of evidence. 4. Any hearing under this Section may be continued for a reasonable time for the convenience of a party or a witness. C. The City Manager, or his /her designee, will issue written findings and a decision within 15 days of the conclusion of the hearing, and send notice of the decision by certified mail to the appellant. The notice of the decision must include reference to the appellant's right to prompt judicial review under California Code of Civil Procedures Section 1094.8. D. The action by the hearing officer will be final unless timely judicial review is sought pursuant to California Code of Civil Procedures Section 1094.8. 5.41.140 Reapplication after revocation. No person may obtain a Home Occupation Business License for two (2) years from the date any order of license revocation affecting such person has become final. 5.41.150 Violations. • A. Any owner of a home occupation business violating or permitting the violation of any of the provisions of this chapter will be subject to any and all civil remedies, 9 F- 1 I`J a including license or license revocation. The administrative citation process and any and all remedies provided herein are cumulative and not exclusive. B. In addition to the remedies set forth in division (A), any home occupation business operating in violation of these provisions is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation. C. The regulations imposed under this chapter are part of a regulatory licensing process, and any violation of this chapter does not constitute a criminal offense. Notwithstanding any other provision of this code, the City does not impose a criminal penalty for violations of this chapter related to expressive activities. 10 0 E n u 0 Proposed Permits Zoning Code Update • Administrative Determinations • Administrative Use Permit • Appeals (Need fee for appeals of CD Director decisions) • Density Bonus • Development Agreements •• Joint/Off-Site Parking Agreement • Minor Exception • Outdoor Sales (Nonresidential) • Reasonable Accommodation • Specific Plans • Temporary Use Permit • Time Extension (not including maps) • Residential Yard Sales • E 0 0 CITY OF ROSEMEAD ZONING CODE UPDATE PM--. Subcommittee Meeting June 3, 2013 k s • '• • ■Safeguard health, safety, and welfare ■ Protect community interests ■ Ensure reasonable use of private property ■ Protect property values NSupport local goals and vision r.rr.HiaH s�r see w WELCOME 10 II 2 \0 '• 10 The City is proposing COMPREHENSIVE REVISIONS to the City's Zoning Code to: Implement the adopted General Plan policies, Add provisions mandated by State law, and to Improve administrative function of the Code 3 ZONING CODE UPDATES TO IMPLEMENT THE u. -• CITY OF ROSEMEAD GENERAL PLAN 4 0 '• 1, • IMPLEMENTATION ACTIONS include: Land Use Changes Creation of the CI -MU (Commercial /Industrial Mixed Use) Zone Zone Changes relating to R -2 (Light Multiple Residential) zone, R -3 (Medium Multiple Density Residential) and P -0 (Professional Office) zones, and M -1 (Light Manufacturing and Industrial) zone Expansion of Architectural Design Review Procedures Encouraging Green Building Practices - Mixed Use:l -idustrial /Co-nme-cial rw IF LA • The 2010 General Plan (GP) designates land use category called Mixed -Use: Industrial /Commercial • A zone change is required to change an l area of existing M-1 (Light Manufacturii and Industrial) land on the east side of San Gabriel Boulevard, south of Garvey Avenue to CI -MU (Commercial Industrial Mixed Use) ■ DEVELOPMENT STRATEGY: To improve and maintain a mixed commercial - industrial area in way that supports existing businesses and attracts new businesses. 0 NEW COMMERCIAL /INDUSTRIAL MIXED USE ZONE IUI _ "Ah i AIL �77 - p � ~ ( Y ilq•1 I '�.. •� __v„ 1 7 mgmmr 4 i I _ is /0 • TYPES OF LAND USES INDUSTRY, MANUFACTURING, PROCESSING, AND WAREHOUSE USES RETAIL TRADE USES BUSINESS, FINANCIAL PROFESSIONAL, AND MEDICAL EATING AND DRINKING ESTABLISHMENTS SERVICE USES DEVELOPMENT STANDARDS MINIMUM LOT SIZE: 20,000 SQUARE FEET MINIMUM LOT WIDTH /DEPTH: 150 FEET HEIGHT: 50 FEET ■ FAR: 1.0 (No Change - General Plan Standard) E:3 \• `• 1 • ������r ,, �i►r -� gyp.. - rr RESIDENTIAL DENSITY CHANGES • R -2 Minimum Lot Area Per Unit Reduction: 4,500 sf to 3,630 sf • R -3 Minimum Lot Area Per Unit Reduction: 5,000 sf to 1,450 sf 01 ,* '• • GENERAL PLAN LAND USE PULIGY 1. AND ACTION 3.4 CALLS FOR: Fostering neighborhood revitalization and grouping land uses together so that they benefit from each other. R -3 (MEDIUM MULTIPLE DENSITY RESIDENTIAL) AND P -0 (PROFESSIONAL OFFICE) ZONE CHANGES -- _ ii'� /. •� _' 1� ':_ � \:�� iii .. 9rn.. -�� fl __ =111 � - •pi'i ua 111;11_ ' , �•: .Ili — _ Iw nmlpu�n= �n`illl — —_ �•`: ' ..till III •'•� = 11111_ L.111 � :_ �� .•11111— CI'.. : � S� ..i II' 111111111jillul 1111 '1 \II• NIIIIIIIIIIIIIIIII 1111' :11111; :: ql dl A�y11111P li "IIIIIIIIIIIII' I 1 111... =1llit n1l = Bon_ - ��1 c :11111 •.—II I II I^ f11 IIIIIIU' d!!' .111 flJl'111 till ill.. "' Illu ���_ �11111r. i:ic�uulll MITI Al 1 "'lllllllllllllllllllll!' =- 1111111 /IIIIIIII li. ji. r ... Gy .� 11 11 1• 1,- __ —_ m— ,. •UununuuE �� -- u 1 A IIIIP ,111111 1118LIIIIIIIIIH III' " 1— —'11 =11111 �^ II.I_ �'i /� ��11111 11 11' 'll� " • -- ' 'all 1111 1111111 1111111111111 11111 II 11111 "" iilUlll c 111111 -'i "' '' � �•� "'t = -[ 1— +V 11 11 IIIIIIIIHII I 11 ' fl 1- ��1111 �__ :'1 ': %••= ,II =- `' 1'11119111111111151111111► IIIIL'!' 1" '— nUUI = 1111111 — 1 1. t�� III 1111111 ::I 111111 i III�Ii'i �I:�:: Cla l:$::III. _ — ., = -- __ _ � 1 P7:'1..'Ille 11 1111 11• _ Big NOimls A- 111111111111111111 IIU�� 11 Inb�l IInJ1111N��• �- �� -- ��� • '• 1, • ?EA 1 ?OPOSAL P -0 zoned parcels will maintain curren zone designation Zone Change (Text Amendment) will no longer allow residential uses in the Professional Office Zone. SULTS: Residential land use will remain in P -0 zone. Office land use will remain in P -0 zone. ind Area Statistics ■ 2.19 acres (95,396 sf) ■ 5 parcels 12 ,* 0 1 • AREA 2 P -0 zone west of Rosemead Blvd, north of Glendon Way EXISTING LAND USE Currently developed with multifamily housing units. PROPOSAL All parcels located in this area be rezoned to R -3 (Medium Multiple Residential). Land Area Statistics 2.9 acres (126,324 sf) 14 parcels 13 \ • ■ • Existing P -0 zone on Glendon Way and Ramona Blvd, east of the Rosemead Shopping Center A.tw 1 9)M 9i 9, 7 EXISTING LAND USE Currently developed with multifamily housing units. PROPOSAL All parcels located this area be rezoned to R -3 (Medium Multiple Residential). Single- family, two - family, and multiple - family units will be allowed in the R -3 zone. LAND AREA STATISTICS 7.11 acres (309,711 sf) • 19 parcels 14 6pA 9b ei1 LN 169' �. 1411 !1191 135 f M 994 129: • ` 14 55 IHY '1`61 919) V: \1 9111 lSL IAN 51 1'NI 11: 9 n 141, xle 11 v. 11 7 EXISTING LAND USE Currently developed with multifamily housing units. PROPOSAL All parcels located this area be rezoned to R -3 (Medium Multiple Residential). Single- family, two - family, and multiple - family units will be allowed in the R -3 zone. LAND AREA STATISTICS 7.11 acres (309,711 sf) • 19 parcels 14 M -1 LIGHT MANUFACTURING AND INDUSTRIAL Industrial Warehouse next to Restaurant 0 0 0 14 GENERAL PLAN LAND USE POLICY 2.7 AND LAND USE ACTION 3.7 "Establish and apply architectural design review to additions, remodel of existing buildings and new commercial and industrial properties." "Apply design standards for industrial and commercial uses citywide." PURPOSE To Promote beaut commercial and industrial corrid -A goal of the c current strategic pla A�ddy a Menyo wry srwaes<apo C"Capt 0 • • PROPOSAL DESIGN REVIEW: Proposals to construct a new building of 3,000 gross squar feet or more, or the addition of 3,000 square feet, or an addition that exceeds fifty (50) percent of the existing floor area shall require a discretionary review. (Chapter 17.136, Section 17.136.030.A.2) FENCING STANDARDS: Prohibit the use of barbed or razor wire, electrified �" wire, chicken wire and similar small gauge wire or mesh product, plastic, and chain -link fencing or other materials hazardous to wildlife. (Chapter 17.68) LIGHTING STANDARDS: 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. (Chapter 17.88) DEVELOPMENT STANDARDS: Development standards for lot area, minimum lot width and depth, and setbacks for improved site planning (Chapter 17.16 and Chapter 17.20) 17 0 0 0 GENERAL PLAN IMPLEMENTATION OF LAND USE ACTION 5.13: "Consider adopting a "green building program" requiring or encouraging green building practices and materials. The program could be implemented through, e.g., A set of green building ordinances." 1s 0 0 0 The City currently requires specific building practices for all new construction and substantial remodels (Title 15, Chapter 15.20 Green Building Standards Code). PROPOSAL - VOLUNTARY PROGRAM - CHAPTER 17.96 Examples of Green Building Practices that are 40 encouraged: The use materials composed of renewable resources (green construction materials). Buildings that exceed minimum statewide energy construction requirements. Use of trees to shade buildings, roofs and paved surfaces such as streets and parking lots to reduce the amount of air conditioning needed. Use of energy -star rated appliances in residential units. W ZONING CODE UPDATES TO ADD PROVISIONS MANDATED BY CALIFORNIA STATE LAW 20 0 New standards to ensure the Zoning Code is consistent with California State Law: Emergency Shelters and Temporary Aid Centers Child Day Care Centers and Facilities Reasonable Accommodations Transitional and Supportive Housing State Law Requirements City must Identify zone to meet need. Use must be allowed "by right" (City cannot require a public hearing process, e.g. CUP) City can development appropriate development standards. Proposal Standards Q� "A& e - apter 17.30 Permit emergency shelters by right in the M -1 Examples: zone with a maximum capacity of 7 beds ■ Location (Consistent with GP Housing Element) ■ Maximum Length of Stay ■ Lighting Permit Temporary Aid Shelters as an accessory • Noise On -site use to any "Assembly /Meeting Facility" use. Management ■ Security 22 �J LJ State Law Requirements! Small Family Child Day Care Homes (8 or fewer children). Must be allowed "by right." Large Family Day Care Home (9 to 14 childre -= provides care and supervision for nine to 14 j \/ New children. Standards Both must comply with all applicable State regulations. rt c e' - apter 17.3 Proposal • Licensing ■ Fencing Permit Small Family Child Day Care Homes in ■ Play equipment in re the R -1, R -2, and R -3 zones by right. yards Allow Large Family Day Care Homes upon • Drop -off, Pick -up plans approval of an Administrative Use Permit in the • Noise • No exterior evidence R -2 and R -3 zones. ■ Inspection by Buildin Official 23 0 0 0 to Law Requirements Cities must make reasonable accommodations in development standards when such accommodations are necessary to provide an equal opportunity to use and enjoy a home. rOnQ$ New N Standai ■ Article 5 - Chap EAMI Formal procedures for people with disabilities to request a reasonable accommodation. 24 EUCLID VILLA State Law Requirements Transitional and supportive housing shall to be subject to the same development standards as permitted residential use. AW Proposal Article 2 - Chapter 17.12 ■ Zoning Code Update will allow transitional and supportive housing in the R -3 (medium multiple residential) zone as a permitted use by right. 25 I �v Moot ZONING CODE UPDATES FOR ADMINISTRATIVE IMPROVEMENT Continued Financial Viability Enhance Public Safety and Quality Life Beautify Residential Neighborhoods and Commercial Corridors 9 0 0 Proposal ■ Improve the Administrative Function of the Zoning Code • Haaress Current Land Uses and Development Patterns M Friendly • Simplify Application Procedures • Flexible Development Standards • Remove Vague Language • Add Tables and Graphics 0 9 0 PROCEDURAL UPDATES • Simplifying Applications and Processing Procedures • Increase Community Development Director Authority ■ Appeal Procedures and Requests for Review Hew r IMW0 UPDATES TO ADDRESS CURRENT PLANNING ISSUES Modern Definitions (Article 1) Land Use Changes - Residential Districts, Commercial Districts, Commercial and Industrial Districts, and Special Purpose Zoning Districts (Article 2) "y Supplemental Standards for Specific Uses (Article 3) Nonconforming Uses, Structures, Lots, and Parking Facilities (Article 4) Off- Street Parking and Loading (Article 4) 28. 0 0 0 SIMPLIFYING APPLICATIO AND PROCESSING OCEDURES Now ARTICLE 5 Chapter 17.120 Land Use and Development Application Procedures Sections 17.120.010 Purpose. 17.120.020 Authority for land use and zoning decisions. 17.120.030 Multiple permit applications. 17.120.040 Optional pre - application review and meeting. 17.120.050 Land use application preparation and filing. 17.120.060 Application fees. 17.120.070 Initial application review and completeness. 17.120.080 Public hearing. 17.120.090 Time limits. 17.120.100 Changes to an approved project. 17.120.110 Environmental assessment. NENFW AUTNOalfY TTpM1aM YM a«ma WO+.w. cs..e.�en Cwn�. •a.wrr.a«arnr..a.n .,,,a,,. .,� .,�� APOW A" MnWlm. a...�....... •I�mwa �.....a... •IVwe. •0«YI. .... o..pn a..Y. pO.wTraoaeq awa.pa�arw.«r • �IIr • Obaan • An" • ae...a ....�. • o.r+. xwaonw..w.y.a..^••• • O.al`. • Ma.a • Na.a H. v.ae... •O.a.s •M.+ 'Mr Amer co« M�a arr. a.r Tr aaa.r+.n • AmwrM • w.rm...« • o.saw O W • pawn • Na.a • •la•a rrrawrw..� • �.....r • 01.. • awr ■...nrr a..�.rr. . 0"'W • Mna • u.r M «•• • �« . APW • Ka.a w run.�a o «ian awn IA&Wft*Mk* o «b. a... m - +...P) +arti . fta • AIMa . N/M • A • w..r�r . wmw�a . •VV•a . oaaar """""` • air . am • •w.a rrar.A.ra." •Dear • aoar • an•a x. u.r • ae.wr • x.e...,e • as�r +... rl... • a.owr • wrr r 9 0 TERPRETATION PROCEDURES Article 1 New Chapter 17.04 17.04.040 Interpretation of provisions. A. Authority to interpret. The Community Development Director shall have the responsibility and authority to interpret the requirements and intent of this Title. B. Interpretations Implemented as Policy. 1. Procedure for Interpretation. 2. Allowable Uses of Land. 3. Zone district boundaries. STANDARDS ■ Interpretations wily be distributed ■ ■ Can be appealed Can be referre Planning Commission PERMI New ARTICLE 5 Chapter 17.128 17.128.010 Purpose. An Administrative Use Permit is intended to allow for public review of land use proposals which are not of sufficient magnitude or complexity to warrant a Planning Commission hearing, but which could have a noticeable impact on the neighborhood... ■ Public Notice and Hearing Required before CD Director ■ Conditions of Approval may be Required ■ Examples include, but are not limited to: • Mobile Home Parks in the R -1, R -2 and R -3 zones, • Outdoor Dining (if area is greater than 800 square feet) • Beauty Health Spas in the C -3 and CBD zones • Massage Establishments in the C -3 zone • Ambulance Services in the C -3 zone • Studio, Art, Dance, Martial Arts, Music Class (up to 2,000 square feet) in the C -1, C -3, and CBD 31 • • • M'g7w,w LN New Proposal ARTICLE 5 - Chapter 17.142 17.142.010 Purpose. "...to give the Community Development Director authority to allow an exception to certain development standards prescribed in the Zoning Code when practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this title occur by reason of a strict interpretation..." • Applicable to rear yard, side yard, lot coverage, driveway, or parking stall size and spaces ( limit 2 spaces). • Must be compliant with Building and Safety Codes. Notice Procedures ■ If the applicant has been unable to obtain written consent of property owners of sites abutting project, Director shall hold a hearing on the application. 32 New ARTICLE 5 Chapter 17.124 Sections: 17.124.010 Purpose. _ R 17.124.020 Definitions. 17.124.030 Exempt temporary uses and special events. 17.124.040 Allowed temporary uses and special events. 17.124.050 Application filing, processing, and review. 17.124.060 Findings and decision. 17.124.070 Conditions of approval. 17.124.080 Expiration, modification, extension and revocation of temporary use permit or special event permit. Temporary Use Permits (1 -30 days ± on private property) • Seasonal Sales • Temporary Structures • Construction Site Trailers Special Events (1 -3 days on public or private property) • Carnivals • Fairs • Festivals • Sporting Events • • a Appeals Community Development Director decisions can be appealed to Planning Commission Planning Commission decisions can be appealed to City Council Requests for Review Gives any City Council person the ability to review a Planning Commission decision by filing a written statement with the City Clerk. Request for Review does not indicate support for or opposition to such decision. Filer believes that such decision involves a matter of such interest or importance that decision should as a matter of policy and planning be made by elected officials. 34 PROPOSAL REVISIONS ■ More Definitions (Article 1, Section 17.04.050) • Zoning District Updates (Article 2 - All Zones) � • Nonconforming Provisions (Article 4, Chapter 17.72) • Off- Street Parking and Loading Provisions (Article 4, Chapter 17.112) NEW CHAPTERS New * Accessory Structures ■ Outdoor Sales and Garage Sales ■ Density Bonus • Lighting • Public Art ■ Site Plan and Design Review m Development Agreements Fl Specific Plans Revocations and Modifications ® Standards for Specific Land Use and Residential Design Changes Design Total floor area of the second floor, including areas designated as covered or uncovered balconies, shall not exceed 75% of the floor area of the first floor. For this calculation, floor area of the first floor shall only include the first floor living area, and any floor area designated as garage floor area if the garage is attached. Any second floor exterior side wall that exceeds a length of twenty - four (24) feet shall require an offset of two (2) feet for a distance of not less than eight (8) feet. Existing residential development proposed to remain on a lot, where new residential development is proposed, shall be renovated to match or complement the new construction in colors, materials and architectural style. All onsite conditions, such as landscaping and fencing, shall also be improved. Kill COMMERCIAL DISTRICT UPDATES till i i s f1 '. T rr ��IrM � • ,..r .� P ry • it I .; . �. � I w�..r . L �:.�_ 0 0 0 Commercial Land Use Changes Automotive - related uses, such as Automobile Repair, Auto Auctions, Auto part installation will no longer be allowed in the C -3 zone with the approval of a Conditional Use Permit. Automotive Lube and Tube Services will be allowed upon the approval of a Conditional Use Permit in the C -3 zone. Massage Services will require the approval of an Administrative Use Permit in the C -3 zone. The use is currently allowed as a permitted use. 0 9 0 Commercial Land Use Changes Small Tutoring Facilities for not more than 5 students will be permitted in the P -07 C -3, and CBD zones. Currently all require a Conditional Use Permit. Health Fitness Facilities and Art, Dance, Music, and Martial Arts Studios (up to 2,000 square feet) will be permitted upon approval of an Administrative Use Permit in the C -3 and CBD zones. Larger facilities will require the approval of a Conditional Use Permit. ICU 0 0 0 Flexible Variable Height It has been argued that the current standard impacts creative design and economic feasibility. A less restrictive, and nicely illustrated, variable height requirement is proposed. Exceptions to Height Limit The Planning Commission may allow the numerical height requirement by 5 feet for unique architectural elements that would enhance the project overall. VArAM" 1MR KGN YAW waowo EAIVBLM BO' 1EXW TABLE MEASURED FROM 25' SETBACK HORIZONTAL IE*W wn R]R mR rs�R RR MMR 40 41 9 0 Summary of Proposed Provisions ■ Maintains Standards related to Termination of Use ■ Protects Existing Conditional Use Permits and Variances Allows "limited beautifying improvements" to Legal Nonconforming Structures Business 0 Friendly New provisions for structures that are nonconforming due to lack of parking. Exceptions for Single - Family Residential Land Uses in N�)n- Residential Zones. Termination Clause for Public Nuisance Public Safety Protection 41 0 9 0 Summary of Proposed Provisions Calculation (Rounding of quantities) Alternative Parking Provisions Parking Study may constitute different standards due to unique circumstance subject to approval of a Conditional Use Permit. Shared /Joint Use and Off -Site Parking Director approve proposals for shared, joint use, or off -site parking arrangements. 42 Summary of New Proposed Provisions Revised Parking Space Dimensions: Non - residential parking stalls will be reduced from nine (9) feet wide by twenty (20) feet deep to nine (9) feet wide by eighteen (18) feet deep. Provisions for Valet Parking: Valet parking will be permitted for commercial uses subject to the approval of an Administrative Use Permit. MINIMUM PARKING DIMENSIONS: 18' to WHEEL - STOP Q1 (TYP.) Zp 7.6' ti 2- 3' DOUBLE STRIPE 0 WITH 6' CLEARANCE U Q d I BETWEEN STRIPES P. O i U i 1 i I 16' to 0 0 0 OFF - STREET PARKING REQUIREMENTS Residential Uses Required Parking Multi - Family Dwelling and Residential Condominiums 2 spaces per dwelling unit Dwelling units 1 space per 2 dwelling units Guest Parking Senior housing Independent living Assisted living 1 space per 2 units 1 space per 10 units Retail Trade Uses Required Parking Appliance and Furniture Store 1 space per every 500 sf Large Warehouse -type Retail Sales and 1" 10,000 sf — 1 space per 300 sf Bulk Merchandise Facilities Over 10,000 sf — 1 space per 500 sf Plus 1 per 1,000 sf of outdoor merchandise areas Indu but limite A shopping center that has four (4) or less tenants is i parked by use. If a shopping center has more than ShoWng Center four (4) tenants, then it is parked at the following ratios: Centers with up to 100,000 of floor area: 1 per 250 sf Centers with over 100,000 of floor area: 1 per 280 sf ling, YY Including, uui nvi limited to... OFF-STREET TREET PARKING REQUIREMENTS Visitor Accommodations Required Parking 1 space per guest room plus applicable requirement Hotels and Motels for additional uses, plus 1 space per 3 employees, or as required by a parking stud Eating and Drinking Establishments Required Parking Restaurant under 2,000 sf of floor area 1 per 100 sf Restaurant more than 2,000 sf of floor 20 spaces for the first 2,000 sf, plus 1 space per 200 sf area thereafter When outdoor seating area exceeds 50% of the gross Outdoor Dining and Seating (Including interior floor area, 1 parking space for each 200 square Patios and Accessory Areas open to the feet of floor area exceeding the 50% interior floor area public) shall be provided. Otherwise, no additional parking shall be required for outdoor dining area(s). 45 0 0 InA din u g, but not ited to... 46 OFF - STREET PARKING REQUIREMENTS life Assembly and Education Facilities Required Parking 1 space per 5 fixed seats of 1 per 75 sf of floor area AssemblylMeeting Facilities used for assembly not containing seats. (1 space per 20 linear inches of bench seating area shall be considered a fixed seat) Library 1 per 300 sf 1 space per 5 fixed seats or 1 per 75 sf of floor area Places of Religious Assembly used for assembly not containing seats (1 space per 20 linear inches of bench seating area shall be considered a fixed seat Trade School, Business College, or Tutoring Facility 1 space per 2 students plus 1 per employee Amusement and Recreation Required Parking Health /Fitness Facility 1 per 200 sf Theaters, movie or live performance 1 per 5 seats for up to 800 seats, plus 1 per 8 seats for seats in excess of 800 seats Industry, Manufacturing, and Warehouse Required Parking Research and Development 1 space per 350 sf of gross floor area u g, but not ited to... 46 DISCUSSION AND COMMENTS THE END 47