Comprehensive Zoning Code UpdateROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
AND HONORABLE CHAIR AND PLANNING COMMISSION
FROM: JEFF ALLRED, CITY MANAGER
DATE: AUGUST 13, 2013
SUBJECT: COMPREHENSIVE ZONING CODE UPDATE WORKSHOP
SUMMARY
Since October 2012, the Community Development Department has accelerated its
efforts to complete the City's Comprehensive Zoning Code Update. The draft
documents are nearly complete. This joint workshop will be conducted to review the
proposed Zoning Code and Map changes with the City Council and Planning
Commission to gain important feedback on key issues that are proposed in the project.
Following the completion of this workshop, a public hearing process will be scheduled
for upcoming regular meetings of the Planning Commission and City Council in
September and October.
Staff Recommendation
In is recommended that members of the City Council and Planning Commission review
and comment on the proposed modifications to the Zoning Code (Title 17 of the
Rosemead Municipal Code).
DISCUSSION
The Comprehensive Zoning Code Update project consists of proposed amendments to
the City's Zoning Code (Title 17 of the Rosemead Municipal Code) and Zoning Code
Map that are designed to implement General Plan policy and ensure consistency with
California State law.
The Zoning Code serves as the primary tool to implement General Plan land use policy.
Zoning districts that correspond to General Plan land use designations establish use
regulations, development standards, and design criteria for all types of development in
Rosemead. The Zoning Code has not been comprehensively updated since the City
incorporated in 1959.
The City of Rosemead is proposing comprehensive revisions to the Zoning Code, as
well as amendments to the City's Zoning Map to:
1. Implement the adopted General Plan policies (2008 General Plan Update and
2010 General Plan Amendment);
2. Add provisions mandated by State law; and
ITEM NUMBER: -�
City Council — Planning Commission Comprehensive Zoning Code Update Workshop
August 13, 2013
Page 2 of 2
3. Improve the administrative function of the Zoning Code in accordance with the
City's Strategic Plan. This includes streamlining the development project review
processes, increasing the code effectiveness by addressing current land use
matters, improving the organization of Title 17, as well as clarifying land use
terms and procedures.
Zoning Code Update Process Overview
The Comprehensive Zoning Code Update project began in the Fall of 2010. The project
started with a Joint City Council — Planning Commission Workshop on November 9,
2010. During that workshop staff reviewed the goals of project and received feedback
on key land use issues that the Council and Commission wanted addressed in the
Zoning Code Update. The City Council later appointed a Zoning Code Update
Subcommittee in 2011. The Subcommittee members include Mayor Polly Low, Mayor
Pro Tern Bill Alarcon, and Planning Commissioner Vice -Chair Nancy Eng. Staff has
met several times with the Subcommittee and has completed reviewing and receiving
their feedback on the proposed updates. In addition, staff recently completed two
community outreach workshops that took place on July 10th and July 11th, 2013. Once
staff has received feedback and comments from the Joint City Council and Planning
Commission Workshop on August 13, 2013, the public hearing process to adopt the
Comprehensive Zoning Code Update will begin.
Comprehensive Zoning Code Update Documents
The Zoning Code revisions are presented in a "redlined version" of the existing Zoning
Code (Attachment "A "). 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. A Comprehensive Zoning Code Update "Summary of Change"
has been prepared 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 "B." Lastly, the PowerPoint presentation included as Attachment "C" has
been designed to facilitate discussion and gather input during the Joint City Council —
Planning Commission Workshop.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by: Submitted by:
SHERI BERMEJO MICHELLE RAMIREZ
CITY PLANNER COMMUNITY DEVELOPMENT DIRECTOR
Attachment A — Draft Zoning Code Update
Attachment B — Comprehensive Zoning Code Update Summary of Change
Attachment C — PowerPoint Presentation
ATTACHMENT A
Reserved
CITY OF ROSEMEAD
ZONING CODE UPDATE
Joint City Council and Planning Commission Workshop
August 13, 2013
:211
Reserved
TABLE OF CONTENTS
ARTICLE 1
PURPOSE AND APPLICABILITY OF ZONING CODE
Chapter 17.04
GENERAL PROVISIONS
Sections:
Official zoning map. 2
17.04.010
Purpose. 1
17.04.020
Authority, relationship to general plan. 1
17.04.030
Applicability of zoning code provisions. 2
17.04.040
Interpretation of provisions. 2
17.04.050
Definitions — general. 4
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. 10
Chapter 17.12 RESIDENTIAL ZONING DISTRICTS
Sections:
17.12.010 Purpose. 11
17.12.020 Residential district land uses and permit requirements. 11
17.12.030 Residential district development standards. 14
Chapter 17.16 COMMERCIAL ZONING DISTRICTS
Sections:
17.16.010 Purpose. 22
17.16.020 Commercial district land uses and permit requirements. 22
17.16.030 Commercial district development standards. 30
Chapter 17.20 COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS
Sections:
17.20.010 Purpose. 43
17.20.020 Commercial and industrial district land uses and permit requirements. 43
17.20.030 Commercial and industrial district development standards. 49
CITY OF ROSEMEAD - ZONING CODE - TITLE 17
Chapter 17 24
SPECIAL PURPOSE ZONING DISTRICTS
Sections:
17.24.010
Purpose. 53
17.24.020
Special purpose district land uses and permit requirements. 53
17.24.030
Special purpose district development standards. 55
17.24.040
P -D District reclassification and plan adoption. 56
Chapter 17.28 OVERLAY ZONES
Sections:
17.28.010 Purpose. 63
17.28.020 Design Overlay (D -O) Zone. 65
17.28.030 Residential /Commercial Mixed -Use Development Overlay
(RC -MUDO) Zone. 71
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. 22
17.30.150
Karaoke KTV studios. 26
17.30.160
Large and small family day care facilities. 28
17.30.170
Outdoor dining. 31
17.30.180
Recycling facilities. 31
17.30.190
Second dwelling units. 38
17.30.200
Single room occupancy (SRO). 42
Chapter 17.32 ACCESSORY STRUCTURES
Sections:
17.32.010 Purpose and applicability. 44
17.32.020 Permit requirements. 44
17.32.030 Accessory structures in residential zones. 44
CITY OF ROSEMEAD - ZONING CODE - TITLE 17
17.32.040 Accessory structures in non - residential zones. 46
17.32.050 Solid waste and recyclable materials storage areas. 47
Chapter 17.36
CONDOMINIUMS AND CONDOMINIUM CONVERSIONS
Sections:
Definitions. 73
17.36.010
Intent and purpose. 48
17.36.020
Applicability. 48
17.36.030
Definitions. 48
17.36.040
Permitted zones. 49
17.36.050
Procedure and submittal requirements. 49
17.36.060
Development standards. 52
17.36.070
Condominium conversions. 57
Chapter 17.42
MOBILE HOMES AND MANUFACTURED HOUSING
Section:
Appeal - Conditional Use Permits. 90
17.42.010
Manufactured housing requirements. 60
bectlons:
17.46.010 Definitions. 61
17.46.020 Exemptions. 63
17.46.030 Applicability. 63
17.46.040 Required improvements and standards. 63
17.46.050 Mobile home park conversions. 64
17.54.010
Purpose, intent and goals. _72
17.54.020
Definitions. 73
17.54.030
Applicability. 79
17.54.040
Exemptions. 79
17.54.050
Required approvals— expiration and renewal.
17.54.060
Application submission requirements. 81
17.54.070
Approval procedures— required findings. 87
17.54.080
Prohibited grounds for denial. 89
17.54.090
Requirements for administrative collocation.
17.54.100
Applicant's evidentiary burden. 89
17.54.110
Appeal - Conditional Use Permits. 90
17.54.120
Appeal - Administrative Collocation. 90
17.54.130
General development standards. 90
17.54.140
Design standards. 94
17.54.150
Noise. 95
17.54.160
RF and other emissions requirements. 95
17.54.170
Performance bond. 97
17.54.180
FAA Compliance. 97
17.54.190
Maintenance and security. 97
79
[IN
CITY OF ROSEMEAD - ZONING CODE - TITLE 17 3
17.54.200 Maintenance responsibility. 98
17.54.210 Abandonment or discontinuance of use— removal of facilities. 98
17.54.220 Transfer of operation. 99
17.54.230 Revocation. 100
17.54.240 Wireless facilities in the public right -of -way. 100
17.54.250 Nonconforming facilities. 101
17.54.260 Fees. 101
ARTICLE 4
SUPPLEMENTAL STANDARDS
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 -
use or commercial /industrial mixed -use development. 2
17.68.050 Retaining walls. 3
17.68.060 Fencing for residential or nonresidential sports facilities. 3
17.68.070 Determining height. 3
17.68.080 Prohibited fencing materials. 3
17.68.090 Fencing of hazardous areas. 4
17.68.100 Fences on lots that are vacant, under construction, or demolished. 4
17.68.110 Requirement for construction of a six -foot high masonry wall. 5
Chapter 17.72 NONCONFORMING USES STRUCTURES, LOTS AND PARKING
FACILITIES
Sections:
17.72.010
Purpose. 6
17.72.020
Limitations on other uses and structures. 6
17.72.030
Nonconforming uses. 6
17.72.040
Nonconforming structures. 7
17.72.050
Nonconforming due to parking. 8
17.72.060
Parking structures and residential garages. 8
17.72.070
Nonconforming lots. 8
17.72.080
Reconstruction of damaged nonconforming buildings. 9
17.72.090
Exceptions. 9
17.72.100
Loss of legal nonconforming status. 10
Chapter 17.76
OUTDOOR SALES AND GARAGE SALES
Sections:
17.76.010
Outdoor display and sales. 14
17.76.020
Garage sales. 15
CITY OF ROSEMEAD - ZONING CODE - TITLE 17 4
Chapter
17 84
DENSITY BONUS
Purpose and intent. 34
Sections:
Scope. 34
17.104.030
17.84.010
Purpose. 17
Permit — Required. 36
17.84.020
Applicability. 17
17.104.060
17.84.030
Available density bonuses. 17
17.84.040
Calculation of density bonus. 19
17.84.050
Density bonus general provisions. 19
17.84.060
Requirements for targeted affordable dwelling units. 19
17.84.070
Additional incentive /concession for projects with affordable units. 20
17.84.080
Parking standards. 21
17.84.090
Granting an incentive or concession. 22
17.84.100
Land donation - density bonus. 22
17.84.110
Day care centers - density bonus, incentive or concession. 23
17.84.120
Condominium conversions - density bonus. 24
17.84.130
Density bonus application requirements and process. 25
17.84.140
Density bonus housing agreement. 27
Chapter
17.88
LIGHTING
Sections:
17.88.010
Applicability. 28
17.88.020
Lighting Standards. 28
Chapter
17.92
PUBLIC ART
Sections:
17.92.010
Applicability. 29
17.92.020
Definitions. 29
17.92.030
Objects not considered public art. 29
17.92.040
Approval of art plan. 30
17.92.050
Additional requirements for public art for on -site installation. 30
17.92.060
Declaration of covenants, conditions and restrictions. 31
Chapter
17.96
GREEN BUILDING
Sections:
17.96.010
Applicability. 32
17.96.020
Encouraged green building practices. 32
Chapter 17.104 OAK TREE PRESERVATION
Sections:
17.104.010
Purpose and intent. 34
17.104.020
Scope. 34
17.104.030
Definitions. 34
17.104.040
Permit — Required. 36
17.104.050
Permit — Applications. 36
17.104.060
Permit — Approval or denial. 36
CITY OF ROSEMEAD - ZONING CODE - TITLE 17 5
17.104.070
Permit approval— Conditions. 36
17.104.080
Permit expiration. 37
17.104.090
Exemptions from permit requirements. 37
17.104.100
Permit fees. 38
17.104.110
Standards for granting permits. 38
17.104.120
Tree preservation plan. 38
17.104.130
Appeals. 39
17.104.140
Violations — Penalties. 39
Chanter 17.112 OFF - STREET PARKING AND LOADING
Sections:
17112.010
Purpose. 47
17.112.020
Permit requirements. 47
17.112.030
Exemptions. 48
17.112.040
Number of spaces required. 48
17.112.050
Alternative parking provisions. 53
17.112.060
Elimination or reduction of parking spaces prohibited. 54
17.112.070
Use of recreational vehicles and nonresidential trailers. 54
17.112.080
General use provisions for off - street parking spaces. 55
17.112.090
Parking space and drive aisle dimensions. 56
17.112.100
Location of parking facilities. 58
17.112.110
Valet parking. 59
17.112.111
Parking design and layout standards. 59
17.112.112
Bicycle parking. 62
17.112.113
Loading area requirements. 62
Chanter 17.116 SIGNS
Sections:
17.116.010
Purpose and intent. 66
17.116.020
Definitions. 66
17.116.030
General provisions, standards and controls. 68
17.116.040
Exceptions. 68
17.116.050
Signs prohibited in any zone. 69
17.116.060
Signs in R (residential) zones. 69
17.116.070
Signs in commercial and industrial zones. 70
17.116.080
English language use on on- premise signs. 70
17.116.090
Signs in the P -D, P -O, and R/C MUDO zones. 71
17.116.100
Billboards prohibited. 72
17.116.110
Billboards erected prior to December 1, 1979. 72
17.116.120
Rehabilitation of existing billboards. 72
17.116.130
Rehabilitation of existing substandard billboards. 73
17.116.140
Effect of conformity to Section 17.116.130. 73
17.116.150
Nonconforming sign — Replacement of alteration. 73
17.116.160
Nonconforming signs and billboards — Removal procedure. 73
17.116.170
Illegal signs in public right -of- way — Removal authority. 74
CITY OF ROSEMEAD - ZONING CODE - TITLE 17 6
17.116.180 Illegal signs — Presumption of responsible party. 74
17.116.190 Illegal signs on public property — Removal charges. 75
17.116.200 Hearing on removal costs. 75
ARTICLE 5
LAND USE AND DEVELOPMENT APPLICATION PROCEDURES
Chanter 17.120 APPLICATIONS AND PROCESSING
Sections:
17.120.010
Purpose. 1
17.120.020
Authority for land use and zoning decisions. 1
17.120.030
Multiple permit applications. 1
17.120.040
Optional pre - application review and meeting. 3
17.120.050
Land use application preparation and filing. 4
17.120.060
Application fees. 4
17.120.070
Initial application review and completeness. 5
17.120.080
Public hearing. 6
17.120.090
Time limits. 6
17.120.100
Changes to an approved project. 7
17.120.110
Environmental assessment. 8
Chanter 17.124 TEMPORARY USE PERMITS AND SPECIAL EVENTS
Sections:
17.124.010
Purpose. 9
17.124.020
Definitions. 9
17.124.030
Exempt temporary uses and special events. 9
17.124.040
Allowed temporary uses and special events. 10
17.124.050
Application filing, processing, and review. 11
17.124.060
Findings and decision. 12
17.124.070
Conditions of approval. 12 ,
17.124.080
Expiration, modification, extension and revocation of temporary use
permit or special event permit. 13
Chanter 17.128 ADMINISTRATIVE USE PERMIT
Sections:
17.128.010
Purpose. 14
17.128.020
Applicability. 14
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
CITY OF ROSEMEAD - ZONING CODE - TITLE 17 7
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
Chanter 17.136 SITE PLAN AND DESIGN REVIEW
Sections:
17.136.010 Purpose. 20
17.136.020 Applicability. 20
17.136.030 Review authority. 21
17.136.040 Application requirements and review criteria. 22
17.136.050 Issuance of other required permits and approvals. 23
Chanter 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. 25
17.140.060 Expiration and extensions. 25
Chaoter 17.142 MINOR EXCEPTION
Sections:
17.142.010
Purpose. 26
17.142.020
Authority to approve. 26
17.142.030
Application and fees. 27
17.142.040
Hearing and notice. 28
17.142.050
Investigation of application. 28
17.142.060
Appeals from decision of Community Development Director. 28
17.142.070
Decision on minor exception to be final prior to issuance of permit. 28
17.142.080
Voiding of minor exception. 28
17.142.090
Extension of time. 28
Chaoter 17.144 REASONABLE ACCOMMODATIONS
Sections:
17.144.010
Purpose. 29
17.144.020
Applicability. 29
17.144.030
Administration. 29
17.144.040
Review and determination. 30
CITY OF ROSEMEAD - ZONING CODE - TITLE 17 8
17.144.050 Required findings. 30
17.144.060 Conditions of approval. 31
17.144.070 Appeals. 31
Chaoter 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
Chanter 17.150 SPECIFIC PLANS
Sections:
17.150.010
Purpose. 36
17.150.020
Applicability. 36
17.150.030
Required specific plan contents. 36
17.150.040
Initiation. 37
17.150.050
Authority for adoption. 37
17.150.060
Adoption procedure. 37
17.150.070
Fees and charges. 37
ARTICLE 6
ADMINISTRATION AND ENFORCEMENT
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's action. 2
17.152.050 Council's action. 3
17.152.060 Findings. 3
17.152.070 Effective dates. 4
17.156.010 Purpose. 5
17.156.020 Notice of public hearings and administrative review. 5
17.156.030 Scheduling of hearing. 6
17.156.040 Hearing procedure. 6
CITY OF ROSEMEAD - ZONING CODE -TITLE 17 9
17.156.050 Decision and notice. 7
Chanter 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. 9
Chaoter 17.164 ENFORCEMENT
Sections:
17.164.010
Purpose. 11
17.164.020
Permits and approvals. 11
17.164.030
Enforcement responsibility. 11
17.164.040
Inspections. 11
17.164.050
Violations. 12
17.164.060
Initial enforcement action. 12
17.164.070
Legal remedies. 13
17.164.080
Remedies are cumulative. 13
17.164.090
Enforcement of title provisions. 13
Chaoter 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
ARTICLE 1
Reserved
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 Xl, 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
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 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 17.12 (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) is allowable if the use is substantially
similar to a use permitted 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) 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.
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 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:
.d the use Of .L+' h id ♦ I to that of the build R Str M o AF JAP MR hh
same let. Where the wall of aR aGGe6seFy bw Id Rg s a part of, OF j9iRted te, the wall of the
"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 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 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).
"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 6
"Arcade"
oF slug operated amusemeRt maGhines, at whiGh games and aGt;Ytes FequjF+ng the skill
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 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,
TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 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.
"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 9
Figure 17.04.050.2 - Berm
"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, psychiatrist, or physical therapist who is duly licensed to
TITLE 17 -ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 10
practice his or her respective profession in the State of California and who performs activities
encompassed by such professional license.
"Carport" means a permanent roofed structure with not more than two enclosed sides used
or intended to be used for automobile shelter and storage, Carports cannot be used to
satisfy the off - street parking requirements of this Title.
"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.
"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 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 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.
-
"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 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 a menu. 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 14
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 ".
"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
TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 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,
payday loan, or any similar establishment.
"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 building floor area on a lot
divided by the gross area of the lot, less and required dedications for street or utility rights -
of -way. Such
calculation shall include only those structures intended for permanent habitation. For all
subdivisions and unimproved vacant lots flag let develGlarne FAR calculations shall use the
net area of the proposed lot or lots.
"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
TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 16
home /mortuary manager.
"Garage" means a building eF part M on of a bu Iding n whiGh Mater veh Gies used by the
9GGUpaRtS OF tenants of the main bu Id Fig 0F buildings on the premises aFe stared 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
TITLE 17 -ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 17
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 ,San+tar am" ,
"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). 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 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 TV (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 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. 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 music, comedy, readings, dancing, acting, or other
entertainment performed on a site. This includes dancing by patrons to live or recorded music.
Live Entertainment may only occur on a site upon approval of a City of Rosemead Business
License.
"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. New flag lot subdivisions are
prohibited in the City of Rosemead
"Lot, Interior" means a lot other than a corner lot. (See Figure 17.04.050.3)
not sepaFated by an alley.
"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
TITLE 17 -ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 20
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
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)
TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 21
"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
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nit
"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
TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 22
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.
"MW Finall prejeat" FneaRs any developmeRt w th a ; te area of less than faFty five
thousand (45,000) squaFe feet whiGh is te be impFeved wth multiple uses or rptail sales-1
developed iRte a GOMmeFG a! GOMplex with SUFfaGe par!( Fig situated an the same pFepeFty.
Commercial pFejeGts devoted te effiGe use eXGIus vely shall be exempt from this def R t AR
"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)" ,,,e_.._ _ tiranspeFtable '._Gt F^ that :s ~_:" on
Ut Mies nG!ud Fig plumb Fig, heat Fig, a1F Gondit E)RiRg, and e!eGtFiGa' systems (puFsu
GaI+forR a Health and Safety Code SeGt ORS 18007 and 18008) and plaGed OR a pad inte
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 Reisycling Unit" means an autemebile, tFUGk, tFaileF er van, IiGeRsed by the
TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 23
.1 FnGb le FeGyGlinq GeRteic" also means the bins, boxes or GantaiReFs transported by the
"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 ".
"06cupanGy, Change of' means a discentiRuanGe of an exstng use and the
� __ _JII :__I..J J J..:.. -....J L...il• ..1 \......J �rri.. ri.-. rl .nnlnrl n� In.�cefl
"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.
TITLE 17 -ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 24
"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,
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 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.
"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
TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 26
• 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
• 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, Medical Supplies" means an establishment that dispenses prescription drugs and
sells medical equipment and supplies for home health care (e.g., scales, walking aids, bathroom
safety aids; skin and personal care products; braces, supports, and splints, bandages and tape;
etc.).
"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-Coc here" means a canopy attached to a residence, which is open on all sides. except
TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 27
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 Title.
"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,
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.
"RadiorTV 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.
TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 28
leGated on the PFem ses of a Fes d t a' , reFIFIMerPmal MRR1_1f;;Gt1JFing o as i
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
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
TITLE 17 -ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 29
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 ".
a!LiF:R*RUFn Gans, glass and plastic bottles, and issues a Gash refund OF a redeemable rF
state. A bulk Feverse veRdiRg maGhi% is a reveFse veRd Rg FRaGhiRe that 6 !aFgeF thaR fifty
(50) squaFe feeti 6 designed to aGGept MGFe than one oanta ReF at a t Fne� and will pay _bT,
weight instead of by Genta Rer.
"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 17.04.05044).
"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 faQade portions of the primary structure coincide with the front setback line
TITLE 17 -ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 30
(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).
Figure 17.04.050.4
Setbacks
Right -of -Way Front Setback
Side Setback
r
it Front Yard
Residential
Structure
1 Garage
1
f
1 Side Yard
Primary
Building Line Side Setback
LOT DEPTH
I
I
I r
�a
Rear Yard i$
I
I
I
' woo *roLim 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. SRO units
are multi - family dwellings that are used as an occupant's primary place of residence. SROs are
not considered hotels or motels as defined by the Municipal Code, nor are they considered
extended -stay hotel /motel rooms. Therefore, SRO units are not subject to the Transient
Occupancy Tax, and SRO operators shall not be liable for the extended -stay hotel /motel room
in -lieu fee if they elect to rent out their rooms on a single -room occupancy basis.
TITLE 17 - ZONING ARTICLE 1 — PURPOSE AND APPLICABILITY OF ZONING CODE 31
"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.
„ Half" means a story w th at least two of Its eppos te s dei; 6 tuated aR a slop ng FoGf-.
the fIGGF area ef which does Rot e)(Geed Me th Fds of the floor aFea millqed ately belew 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 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.
"Supportive Housing" means housing with no limits on the length of stay that is occupied
primarily by persons with disabilities and individuals or families that are homeless at the time
approved for occupancy, and that is linked to onsite or offsite services that assist the
supportive housing resident in retaining the housing, thereby improving the resident's health
status, and maximizing his or her ability to live and, when possible and applicable, work in the
community. Supportive housing that is provided in single - family, two - family, or multi - family
dwelling units will be permitted, conditionally permitted, or prohibited in the same manner as
TITLE 17 -ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 33
Accessory
structure
Primary
Structure
St
Attached
Structure
' (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.
"Supportive Housing" means housing with no limits on the length of stay that is occupied
primarily by persons with disabilities and individuals or families that are homeless at the time
approved for occupancy, and that is linked to onsite or offsite services that assist the
supportive housing resident in retaining the housing, thereby improving the resident's health
status, and maximizing his or her ability to live and, when possible and applicable, work in the
community. Supportive housing that is provided in single - family, two - family, or multi - family
dwelling units will be permitted, conditionally permitted, or prohibited in the same manner as
TITLE 17 -ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 33
other single - family, two - family, or multi - family dwelling units under this code
"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.
"Tot Lot" means a playground specifically designed for young children.
"Tra*IPF" FAP;;R,; any vehiGle GF StFUGtUFe used RK SleBPIRg, living, business OF storage purpose
i5 ?frT.Ti 1=fi OM-, .TS�1i1►�iTi�1ITSliIS.....
"Traiilff Park" MeaRs any aFea OF premises Where iwe OF more nouse valleI:6 aFe loGaieci aREI
"Transitional Housing" and "Transitional Housing Development' means buildings
configured as rental housing developments, but operated under program requirements that
call for the termination of assistance and recirculation of the assisted unit to another eligible
program recipient at some predetermined future point in time, which shall be no less than six
(6) months.
"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
TITLE 17 -ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 34
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 Zoning 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.
TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 35
"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
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.
buill and the l lot line. The depth of the l Fed real yal shall be FneaSUF
horizontally fl the nearest pal of a main bu 1ding toward the Fl lot lil
"Yard, Side" means a yal extending fl the FequiFed firent yard, l the fl 'at ill
wheire no fl yal is Feql to the l yal the width Of WhiGh side yard shall be
measured hel fl al at Fight aRgles to, the s de !at 1 ne.
TITLE 17 - •� • . • • •.
=3MM
0111111111111l
MMUM-2l
oil
buill and the l lot line. The depth of the l Fed real yal shall be FneaSUF
horizontally fl the nearest pal of a main bu 1ding toward the Fl lot lil
"Yard, Side" means a yal extending fl the FequiFed firent yard, l the fl 'at ill
wheire no fl yal is Feql to the l yal the width Of WhiGh side yard shall be
measured hel fl al at Fight aRgles to, the s de !at 1 ne.
TITLE 17 - •� • . • • •.
ARTICLE 2
Reserved
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 -1
Si_ngle-Family Residential
Low Density Residential
R -2
Li ht Multiple Residential
Medium Density Residential
R -3
Medium Multiple Residential
Hi h Densi Residential
Commercial
Zoning Districts
P -O
Professional Office
Commercial
C -1
Neighborhood Commercial
Commercial
C -3
Medium Commercial
Commercial
C4
Reclional 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 Manufacturin and Industrial
Office/Light Industrial
Special Purpose 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
Overlay Zones
D -O
Design Overlay
RC -MUDO
Residential /Commercial
Mixed -Use Development
Mixed -Use Residential /Commercial &
Mixed -Use High Density Residential/
Commercial
TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 1
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 2
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, 17.20.020, 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.
3. Yards. Where a yard distance is given this shall be a minimum distance, except as here
after provided:
TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 3
AND ZONE SPECIFIC STANDARDS
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 the a minimum lot area per dwelling unit is given this shall be the minimum lot
area. peF dwelling unit, PF0vided, 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 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.
F. Through lots.
On through lots, both lines separating such lot from a public street shall be designated as
front lot lines.
G. Utilities.
The provisions of this Title shall have no application to utility facilities subject to the
jurisdiction of and regulation by the State of California Public Utilities Commission.
H. Street dedication and improvement.
No building or structure shall be erected or enlarged, and no building permit shall be issued
therefore, on any lot in any zone or in any planned development in any P -D zone of which
lot is a part, other than R -1, R -2 or R -3 zone, if such lot abuts a Major arterial or Minor
arterial, unless one -half of the street which is located on the same side of the street as such
lot has been dedicated for the full width of the lot, subject to the following provisions:
1. Major and Minor arterials to which these provisions apply are those shown on the
Circulation Plan for Major Rosemead Roadways in the Circulation Element of the
General Plan.
2. The maximum area of land to be so dedicated shall be proportional to the impacts
caused by the proposed development, and shall not exceed twenty -five (25) percent of
any such lot.
3 Dedication and improvements shall be for the full frontage of the lot on a Major or Minor
arterial, and shall meet the standards for Major and Minor Arterial streets as approved by
the City Council and on file in the office of the City Engineer.
4. Any person required to dedicate and make improvements by the provisions of this
section shall execute and deposit with the City Manager an instrument of conveyance
executed by all parties of interest as shown by a preliminary title report prepared by a
title company, and in such form as approved by the City Attorney, and with respect to
improvements shall either make and complete such improvements to the satisfaction of
the City Engineer or file with the City Manager a bond in such amount as the City
Engineer shall estimate to be necessary to complete the improvements required.
5. Whenever any uncertainty may exist as to the application of the provisions of this section
in the matter of street alignments, area of dedication, or improvement specifications, the
City Engineer shall determine their application in conformity with the adopted Circulation
Plan for Major Rosemead Roadways.
6. A property owner required to dedicate land under the provisions of this section may
appeal any such requirement to the City Council.
I. Variable height.
TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES
AND ZONE SPECIFIC STANDARDS
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, CA 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.
TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 6
AND ZONE SPECIFIC STANDARDS
Figure 17.08.050.1
Variable Height Rear Yard Building Envelope
VARIABLE HEIGHT REAR YARD BUILDING ENVELOPE
HEIGHT LIMIT
15' 60' angle
..Y1. �.Nu
YgRp
R1 & R2 RESIDENTIAL
25'
60` HEIGHT TABLE
MEASURED FROM 25' SETBACK
HORIZONTAL HEIGHT
EXAMPLE
loft 321 R
20 R 49.64 R
30 11 66.96 R
TITLE 17 —ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE LAND USES 7
AND ZONE SPECIFIC STANDARDS
b. P -O, C -1, C -3, C-4, CBD, CI -MU, M -1, P -D, P, and RC -MUDO and GemirneF66al OF
IadUStrial R 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
Cnmm..[W
p
S/QC .m W PD
R.. C
yqR ... .mm W
O
R7 & R2 RESIDENTIAL
10'
600 HEIGHT TABLE
MEASURED FROM 10' SETBACK
HORIZONTAL HEIGHT
RzusLE
70n 32,32n
2Dn 4a.wn
30R 66.9nR
TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 8
AND ZONE SPECIFIC STANDARDS
2. When P -0, 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
commedcel
omus"Im
Noniesltlentlal PC
3 F�ON %yq Res. COmm, MV
TqF� Rp
RI & R2 RESIDENTIAL 20'
60° HEIGHT TABLE
MEASURED FROM 20' FRONT SETBACK
HORIZONTAL HEIGHT
EXAMPLE
10" 1.918
10R 6R.66R
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 3, Chapter 17.32
(Accessory Structures) for the development standards of trash enclosures.
TITLE 17 — ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE LAND USES 9
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 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 ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 10
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 11
AND ZONE SPECIFIC STANDARDS
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
Residential Uses
Care Uses
Child Care Home, Small Family (8 or fewer) I P
Child Care Home, Large Family (9 to 14)
Residential Care Facilities (6 or fewer) P
Residential Care Facilities (7 or more) —
Supportive Housing P
Transitional Housing P
Notes:
P Permitted Use
A Permitted Accessory Use
AUP Administrative Use Permit Required
CUP Conditional Use Permit Required
-- Use Not Allowed
See Article 3, Chapter 17.30, Section
P P 17.30.160 (Large and Small Family
Child Day Care Home Facilities)
See Article 3, Chapter 17.30, Section
AUP AUP 17.30.160 (Large and Small Family
Child Day Care Home Facilities)
P P
CUP CUP
P P
P P
DR — Discretionary Design Review
TITLE 17— ZONING ARTICLE 2— ZONING DISTRICTS, ALLOWABLE LAND USES 12
AND ZONE SPECIFIC STANDARDS
See section 17.12.030 for district
Single- family Dwellings
P
P
P
specific requirements. See Chapter
17.42 for Manufactured Homes.
p
p
See section 17.12.030 for district
Two-family Dwellings (Duplex)
_
specific requirements.
DR
See sections 17.12.030 for district
Multiple - family Dwellings
—
—
specific requirements.
p
p
See Article 3, Chapter 17.30, Section
Second Dwelling Unit, Single -story
p
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
CUP
CUP
CUP
See Article 3, Chapter 17.46 (Mobile
Home Parks and Park Conversions)
Care Uses
Child Care Home, Small Family (8 or fewer) I P
Child Care Home, Large Family (9 to 14)
Residential Care Facilities (6 or fewer) P
Residential Care Facilities (7 or more) —
Supportive Housing P
Transitional Housing P
Notes:
P Permitted Use
A Permitted Accessory Use
AUP Administrative Use Permit Required
CUP Conditional Use Permit Required
-- Use Not Allowed
See Article 3, Chapter 17.30, Section
P P 17.30.160 (Large and Small Family
Child Day Care Home Facilities)
See Article 3, Chapter 17.30, Section
AUP AUP 17.30.160 (Large and Small Family
Child Day Care Home Facilities)
P P
CUP CUP
P P
P P
DR — Discretionary Design Review
TITLE 17— ZONING ARTICLE 2— ZONING DISTRICTS, ALLOWABLE LAND USES 12
AND ZONE SPECIFIC STANDARDS
Table 17.12.020.1
Uses in Residential Districts
(Continued)
Use Requirements by District Specific Use Regulations
g u rs "and ` isil
See Title 6 (Animals) of the
Animal Keeping
A
q
q
Municipal Code
Horticulture - Private
A
A
A
Uses
Im
See Section 17.12.030 and Article 3
Accessory Structures
A
A
A
Chapter 17.32 (Accessory
Structuresl
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
See Article 5, Chapter 124 (Temporary Use Permits and Special
Temporary Uses and Special Events
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 LAND USES 13
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 14
AND ZONE SPECIFIC STANDARDS
Requirement by Zoning District
Development Feature
Notes and
R•1
R -2
R -3
Exceptions
Minimum Lot Area
6,000 sq. ft.
6,000 sq. ft.
10,000 sq. ft.
Lot Area/Unit
6,000 sq. ft.
4,500 sq. ft.
1,500 sq. ft.
Minimum Lot Width
50 ft.
50 ft.
70 ft.
See -AF isla4,
ChapteF 17.308
Minimum 1st Floor and Maximum 2nd Floor Area
Requirements Single and Two - family Dwellings (Excluding
Garage and Other Non - habitable Space)
Floor Area
1 a Floor
Requirements
1,000 sq. ft.
750 sq. ft.
See Section
Minimum
17.12.030.13.21
for Multi - Family
2nd Floor
75% of 1 st
75% of 1st
Dwellings
Maximum
floor area
floor area
See Section
Floor Area Ratio
0.35:1
0.35:1
0.35:1
for FAR Bonus
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%
1Oft. all floors
abutting R -1 or
Side Yard
of lot width
of lot width
R -2 zone
2nd Floor
5 ft. min. 15 ft.
5 ft. min. 15 ft.
15 tt for R -3
abutting R -1 or
Interior Lots
combined
combined
R -2 zone
TITLE 17— ZONING ARTICLE 2— ZONING DISTRICTS, ALLOWABLE LAND USES 14
AND ZONE SPECIFIC STANDARDS
Table 17.12.030.1
Residential District Development Standards
(Continued)
TITLE 17 — ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE LAND USES 15
AND ZONE SPECIFIC STANDARDS
Requirement
by Zoning District
Development Feature
Notes and
R -1
R -2
- z • otta
at
1 Floor
Greater of 5
ft. or 10%
Greater of 5
ft. or 10%
Interior side
of lot width
of lot width
10 ft.
Side Yard
Corner Lots
all floors
See Section
17.12.030.B.2.a
(Single - Family
and Two - Family
Development on
a R -3 Lot)
2nd Floor
Interior side
5 ft. min.
20 ft.
combined
5 ft, min.
20 ft.
combined
at Floor street
side
10 ft.
10 ft.
15 ft.
all floors
nd Floor street
10 ft. min.
20 ft.
10 ft. min.
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
Rear Yard
2,000 s.f.
lot depth
lot depth
15 ft
17.030.12.B.2.a
(Single - Family
and Two - Family
Development on
a R -3 Lot)
More than 4
bedrooms and
2,000 s.f.
35 ft.
35 ft.
Height
2 stories &
30 ft.
2 stories &
30 ft.
3 stories &
35 ft.
Bldg. Separation
(Dwellings)
20 ft.
20 ft.
20 ft.,
25 R front to
front
Bldg. Separation
(Decks/projections / pools)
6 ft.
6 ft.
15 ft.
See Section
Open Space
N/A
N/A
200 s.f.
Pe r unit
17.12.030.B.2.e
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 15
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 }plan! 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 16
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, saFPeFts, 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.
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 Development Rev ew Committee shall be regUired
neighbeFhead.
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 LAND USES 18
AND ZONE SPECIFIC STANDARDS
Table 17.12.030.2
Residential Bonus Floor Area Design Incentives
Floor Area
(FAR) Bonus
C olifying Design Elements
Garages placed at the rear of the lot and not visible from the street
1.5% FAR BONUS
(per design element)
Usage of windows that are recessed a minimum of 4 inches on the front elevation
Eave overhangs of 1 8-inches or more with exposed decorative raker 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 FAR BONUS
Second floor fully contained within a pitched roof
(per er d design 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
D FAR BONUS
d
(per er d esign 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 17.12.030.6.1, 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.
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.
"Existing GFade" Fneans the elevation of the existing suFfare of the gFOund at the
sidewalk, alley 9F etheF publir. way, the gFade shall be the elevation of the
sidewalk, alley oF publiG way.
TITLE 17— ZONING ARTICLE 2— ZONING DISTRICTS, ALLOWABLE LAND USES 19
AND ZONE SPECIFIC STANDARDS
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 32 (Accessory Structures)
for development standards.
4) Building Length Limitations. The length of any building or wing of a building shall
not exceed one hundred twenty (120) feet. Length means the distance between
the opposing extremities of the building measured in a straight line.
5) Distances to Swimming Pools. There shall be a minimum distance of fifteen
(15) feet measured horizontally between any swimming pool and the nearest
point of any balcony, porch, second story patio, sun deck, or other architectural
feature of a building or structure with windows, doors, or other openings of
sufficient size to permit the passage of a person.
6) Discretionary Site Plan and Design Approval. Before issuance of a building
permit for development of an apartment 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 22
AND ZONE SPECIFIC STANDARDS
TABLE 17.16.020.1
USES IN COMMERCIAL DISTRICTS
Requirements by District Specific Use
Land Use Regulations
P-0 C -1 C3 C� CBD
Retail uses such as:
Alcoholic Beverage Retail Sale (off -sale)
--
CUP
CUP
6i
n.m.Mw
CUP
See o Article 3. Chapter
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
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
—
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
TABLE 17.16.020.1
USES IN COMMERCIAL DISTRICTS
(Continued)
Requirements by District Specific Use
Land Use Regulations
P-0 I C -1 I C -3 C-4 CBD
Retail uses such as: (Continued)
Hardware Store
--
P
P
c.aw•.
17.16 MW
•b 17 17m
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 slaughtering)
_
P
P
P
Music Store and instruebee
—
P
P
P
Open Air Markets held on a recurring
basis (fans or craft markets, produce
markets, and similar use)s«
—
—
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 LAND USES 24
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
Business, Financial, and Professional uses such as:
ATM
A
A
A
A
See Article 3, Chapter
7.30
Sr Seams
Financial Institutions and related services
P
P
P
17 ISO eJ
n.n.aaoc
A
Offices, Business, or Corporate
P
A
P
P
Eating and Drinking Establishments :
P -O zone: See Section
Accessory ood Service (open to public)
ry ( P P )
—
A
A
A
17.16.030. BA a
See Article 3, Chapter
Bars, Lounges, Nightclubs, and Taverns
9 g
—
—
CUP
CUP
17.30 for Alcohol Sales
Drinking Establishment (such as coffee
P
P
P -O zone: See Section
shop, but not including alcohol sales
A
P
17.16.030.8.1 a
Fast Food
—
—
P
See�m
11IX10c
P
A
see 3. Chapter
Outdoor Dining (up to 800 sq. ft.)
—
—
A
OArticle
Outdoor Dining (more than 800 sq. ft.)
—
—
AUP
_
1See Article 3, Chapter
Sae Article 3, Chapter
Restaurant — Sit -down
_
P
P
P
1T30 for Alcohol SaleB
Take -Out Service
—
P
P
A
Services Mass - General:
Acupuncture
P
P
P
--
bo
No overnight boarding
Animal Grooming
9
_
_
of animals allowed
overnight boarding
Animal Da Care
Y
_
_
CUP
_
of
of animals allowed
Animal Hospital /Clinic (not including
—
—
CUP
—
Kennel
see sxmm
Automobile Car Wash /Detailing
—
—
CUP
—
See o roue 3, Chapter
See Article 3, Chapter
Automobile Lube and Tune Facility
—
--
CUP
_ee
—
17.30
aM n.rr.ow.c
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 — ZONING DISTRICTS, ALLOWABLE LAND USES 25
AND ZONE SPECIFIC STANDARDS
TABLE 17.16.020.1
USES IN COMMERCIAL DISTRICTS
(Continued)
Land Use Requirements by District Specific Use
Regulations
P-O C -1 C -3 C� CBD
Services Uses- General: (Continued)
1
Electronics repair shop
—
P
P
eae sww,u
"'e.a+°.es
nk r 17ow c
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 ervice
9
A
P
P
P
P-O zone: See Section
17.18.030.B.1.a
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
" "0°0A
AUP
Check Cashing
—
—
CUP
Fortune Telling
—
—
ALP
-
HoteVMotel
—
—
CUP
CUP
See Article 3, Chapter
7.30
Massage Services
9
_
_
AUP
_
See Title 5. Chapter 5.24,
relating to Business
License Requirements for
Massage Uses
Care Uses:
Day Care Facility
—
CUP
CUP
s n a na° 165=N .ea ,.
uq
17,17, =c
—
Seniors Congregate Care (Housing)
—
—
CUP
—
Medical- Related and Social Services:
Ambulance Service (Limited fleet)
—
—
AUP
—
Emergency /Urgent Care Clinic
—
—
P
9lBSWb 9
11:0 M
11 170 MC
-
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 26
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 C-4 CBD
Medical - Related and Social Services:
Medical, Dental Clinics and Offices
P
P
P
aee Soo..
11a6,030.W
am
n ama.c
P
Medical Lab
A
—
P
—
Medical Supplies
A
P
P
_
Outpatient Surgery/Care Facilities
P
—
P
—
Pharmacy and Medical Supplies
A
P
P
P
e Sees ection
P706 03
Transportation, Communication, and Infrastructure Uses:
Automobile Parking Facilities as principal
use subterranean and structures
=A
CUP
se. seam
11 woes
era
+r noaoc
Utilities
p
P
p
PpP
Recreation and Education:
Billiards, Pool Halls
—
—
CUP
s„
1716 awe
�m
--
See Chapter 5.16
Commercial Recreation
—
—
CUP
CUP
Entertainment Accessory Use (Kamoke,
Live Band, Piano, Singer, Dancing)
_
—
A
A
See Chapter 5.12
Game Arcade, Internet Cafe, or Similar
Business
_
_
CUP
CUP
See Article 3, Chapter
17.30
Health Fitness Facilities (up to 2.000 sq. ft.)
—
—
AUP
AUP
Health Fitness Facilities (more than 2,000
ft.
_
_
CUP
CUP
KTV Studios (Kareoke)
_
—
CUP
See oArticle 3. Chapter
Movie Theater
—
—
CUP
—
Museums
—
—
CUP
—
Schools. Private
—
—
CUP
—
Schools, Trade, Vocational
—
—
CUP
—
Studio, Art, Dance, Martial Arts, Music (up
to 2 ODO sq. ft.
_
AUP
AUP
AUP
Studio, Art, Dance. Martial Arts, Music
more than to 2,000 sq. 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
TITLE 17 — ZONING ARTICLE 2— ZONING DISTRICTS, ALLOWABLE LAND USES 27
AND ZONE SPECIFIC STANDARDS
TABLE 17.16.020.1
USES IN COMMERCIAL DISTRICTS
(Continued)
Land Use I Requirements by District Specific Use
Regulations
P-O C -1 C -3 C-4 CBD
Recreation and Education (Continued):
Tutoring Services (large)
CUP
CUP
CUP
s„1e�,
,z,e.ow.ea
ni01717,0Xc
CUP
Tutoring Services (small)
P
P
P
P
Other Uses:
See Article 3, Chapter
Accessory Structures
A
A
A
17 10.= W
A
17, 32
Assembly/Meeting Facilities
—
CUP
CUP
CUP
A
See Article 3, Chapter
Donation Box (Charitable)
—
_
M7Mc
_
Seen Article 3, Chapter
Drive - through or Drive- up Facilities
—
_
P
P
Government Buildings and Facilities
—
—
P
P
Outdoor Displays
See Chapter 17.75 (Outdoor Sales and Garage Sales)
Recycling Facilities, Reverse Vending
AUP
AUP
6e. semem
_
See Article 3, Chapter
1
Machines and Small Collection Facilities
_
, >,a mo.m
11.1)wo.c
17.30
Single Room Occupancy (SRO)
_
_
CUP
CUP
See Article 3, Chapter
1
Developments
17.30
Special Events
See Article 5, Chapter 124 (Temporary Use Permits and Special Events)
see seaone
Studios, Recording /Film
—
—
CUP
—
n17 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
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.
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 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.
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 C -4 zone.
TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 29
AND ZONE SPECIFIC STANDARDS
17.16.030 Commercial District Development Standards.
A. General requirements.
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 17.16.030.1, Commercial District Development Standards, as well as
specific district standards listed below.
Table 17.16.030.1
Commercial District Development Standards
Development Feature
Requirement by Zoning District
P-0
C -1
C-3
C-4
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 re uired
Front
10 ft.
None
None
20 ft.
None
Side
None
None
None
0 or >_ 10 ft.
None
Side Adjoining
Residential Zone
10 ft.
10 ft.
15 ft.
15 ft.
5 ft.
Rear
20 ft.
None
None
0 or ? 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)
TITLE 17— ZONING ARTICLE 2— ZONING DISTRICTS, ALLOWABLE LAND USES 30
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.
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.
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 32
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
TITLE 17 - ZONING ARTICLE 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.
The C -4 Regional Commercial designation consists of two project areas, "Project Area 1"
and "Project Area 2," as outlined in the Land Use Element of the City's General Plan. as
eNtl Red below=
Mar Avenue and San GabFiel Avellue. This area s boURded by Garvey Avenue tG
the ..�__and m T mile. PaFk and epaFt r. nts to the oast
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)
ermitted Use Mix
Building Floor Area Range
Maximum
Minimum —
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
II
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 35
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)
Permitted Use Mix
Building Floor Area Range
(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)
TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 36
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.
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.
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.
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 38
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.
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.
, ,
.4.4 or art i.qm* as defined heFein may be peFmaneRt, foxed, may be an
TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 40
AND ZONE SPECIFIC STANDARDS
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TITLE 17 - ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 41
AND ZONE SPECIFIC STANDARDS
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TITLE 17 - ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 41
AND ZONE SPECIFIC STANDARDS
TITLE 17— ZONING ARTICLE 2— ZONING DISTRICTS, ALLOWABLE LAND USES 42
AND ZONE SPECIFIC STANDARDS
rn
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TITLE 17— ZONING ARTICLE 2— ZONING DISTRICTS, ALLOWABLE LAND USES 42
AND ZONE SPECIFIC STANDARDS
Chapter 17.20 COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS
Sections:
17.20.010 Purpose.
17.20.020 Commercial and industrial 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 and Industrial 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
CI -MU
M -1
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
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 (Continued)
Fabric Products Manufacturing
Use not allowed
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
—
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 Alcoholic Beverages
CUP
CUP
See Article 3.
I Chapter 17.30
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
TABLE 17.20.020.1
USES IN COMMERCIAL AND INDUSTRIAL DISTRICTS
Requirements by District Specific Use
Land Use CI -MU M -1 Regulations
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, 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)
ALP
AUP
Eating and Drinking Establishments:
Accessory Food Service (Open to Public)
P
AUP
Catering Service
P
—
Drinking Establishment (such as coffee shop, but not
including alcohol sales
P
P
Service Uses:
Animal Boarding /Kennels
—
CUP
Animal Grooming
—
AUP
No over iset
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 LAND USES 45
AND ZONE SPECIFIC STANDARDS
TABLE 17.20.020.1
USES IN COMMERCIAL AND INDUSTRIAL DISTRICTS
Requirements by District
Land Use Specific Use
CI -MU M -1 Regulations
Service Uses: (Continued)
Auto Repair and Body Shops
CUP
CUP
C apterc17 30
Automobile Car Wash/Detailing
g
UP
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
$eB ArtiC1e 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 Wes:
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 LAND USES 46
AND ZONE SPECIFIC STANDARDS
TABLE 17.20.020.1
USES IN COMMERCIAL AND INDUSTRIAL DISTRICTS
Requirements by District Specific Use
Land Use CI -MU Regulations
M -1
Special Needs Uses, limited to only the following:
Emergency Shelters
g Y
__
p
See Article 3,
Chapter 17.30
Mortuaries /Funeral Homes
CUP
Places of Religious Assembly
CUP
Single Room Occupancy
g Y
CUP
See Article 3,
Chapter 17.30
Other Uses:
Accessory Structures
P
P
See Article 3,
Chapter 17.32
Adult Businesses
P
See Article 3,
Chapter 17.30
Body rt Establishment
Y
P
Ica 3'
Chapter 17.30
Day Care Facility
CUP
CUP
Recycling Facilities — Collection Small
Cy g (Small)
AUP
AUP
See Article 3,
Chapter 17.30
Recycling Facility Collection (Large)
eCy 9 ItY— g �
CUP
CUP
See Chapter
Chapter 17.30
Recycling facilities — Processing
—
c apte Ui ao
Special Events
See Article 5, Chapter 124 (Temporary Use Pennits and
Special Events)
Temporary Use Permits
124 (Temporary Use Pe m is and
sspecialEve Events)
Note:
P Pertained 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 47
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.
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.
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.
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 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.
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.
1. 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
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
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 (Off- Street Parking and Loading)
TITLE 17— ZONING ARTICLE 2— ZONING DISTRICTS, ALLOWABLE LAND USES 49
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.
8. 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.
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, Commercial
and Industrial District Development Standards, the following development standards apply to
specific commercial districts as shown:
1. CI -MU Zoning District.
Merchandise. All display of merchandise for sale on the premises shall be wholly within
an enclosed building, except as provided in section 17.20.030.6.1.1b 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.
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.
TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 52
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 (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
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
Administrative Use Permit required
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
TITLE 17- ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 54
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 17.24.030.2
SPECIAL PURPOSE DISTRICT DEVELOPMENT STANDARDS
TITLE 17— ZONING ARTICLE 2— ZONING DISTRICTS, ALLOWABLE LAND USES 55
AND ZONE SPECIFIC STANDARDS
Requirement by Zoning District
evelopment Feature
O -S
P
P -D
None
20,000 sq. ft.
Minimum Lot Area
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
15 ft.
15 ft.
20 ft.
Residential Zone)
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 wl parking requirements.
Rear
1 Oft.
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 wl 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 55
AND ZONE SPECIFIC STANDARDS
B. District Speck 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.
1. 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.
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 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
The Planning Commission may recommend to the City Council approval or disapproval
of the P -D zone and precise development Geasept 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.
Withirl two years afteF Glass fiGat GR of a PFOpeFty as R D. SUGh two year tiFne 1 Mit shall
■ befGFe the effe6t Ye date of this Ghaptef,
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:
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.
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 (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."
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. as out! Red below�
...
•• squaFe feet of land
aFea
••
1. . --. Area.
•
TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 59
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. Semmersia4 Non - residential planned developments.
Additional conditions containing reasonable regulations regarding traffic flow, access
driveways, off - street parking, signs and bialbeaMs, 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.
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. (Rf*
cede § 912944-)
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 60
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
TITLE 17 - ZONING ARTICLE 2 -ZONING DISTRICTS, ALLOWABLE LAND USES 61
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.
TITLE 17 -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.
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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.
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17.28.020 Design Overlay Zone.
Sub - sections:
A. Jurisdiction.
B. AppliGation Content and fee. Application filing, processing, and review.
C. Action on applications and review GFiteFia. Findings and decision.
AppFOYal +editions of Approval
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 nea 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 Fesidential structures shall comply with Chapter 17.72
(Nonconforming Uses, Structures, Lots, and Parking Facilities).
2) Commercial. Additions to existing commercial structures provided such
additions do not exceed fifty (50) percent of the existing floor area or two
thousand (2,000) square feet, whichever is less, and 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. AppliGatien Content and fee. Application filing, processing, and review.
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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 accordance with Section 17.120.070 (Initial Application Review and Completeness).
2. Application review.
a. Each application for a Design Review shall be reviewed to ensure that the
application is consistent with the purpose of this Chapter, applicable development
standards and regulations of this Zoning Code, and any adopted design guidelines
and policies that may apply. Upon receipt of a complete application, the applicable
review authority shall review the design, location, site plan configuration, and the
effect of the proposed development on surrounding development by comparing the
project plans to established development standards. regulations, and applicable
design guidelines.
b. If the Community Development Director determines that the plans conform to the
provisions of this Chapter, and the policies adopted by the
City Council hereunder, the Community Development Director shall endorse his or
her approval thereon in writing to the Planning Commission for them to approve.
conditionally approve, or deny, their seasurrease. 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 ensured 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.
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
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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. Ext_. _.. -_f ladders are pFahib led..
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. Aotien on appliGations and review GiFiteiria. Findings and decisions.
The Planning Commission or the D FeGtOF Of RaRRIRg Community Development Director
where authorized, may approve, approve with conditions, or disapprove any application
based on the following criteria:
1. The plans indicate proper consideration for the relationship between the proposed
building and site developments that exist or have been approved for the general
neighborhood,
2. The plan for the proposed building and site development indicates the manner in which
the proposed development and surrounding properties are protected against noise,
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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 f. ^m the vie • of b' ^ 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.
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 69
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.
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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 Chapter 17.28,
Section 17.28.020 (Design Overlay (D -O) Zone). with the exGeptieR that the Got
2. The PFesise plan of design Site Plan and Design Review must comply with the
provisions of this Chapter and the Mixed Use Design Guidelines.
3. Only one (1) application fora PFeeise plan of deskp Site Plan and Design Review shall
be required for a residential /commercial mixed -use development in the D Design
Overlay Zone.
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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 deskiep fasiGties office supply;
• 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 LAND USES 72
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, Psychologist, or Counseling Services;
• 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. Netwothstanding the PF0ViSiGR6 of SeGlimen 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 StWes;
• 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;
• Afsades Commercial recreation and entertainment;
• Convenience markets subject to the requirements of Section 17.28.030.E.3; and
• Libraries and museums
TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 73
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.
J. 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 75
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 City
Ceansil 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 -use
development shall be thirty thousand (30,000) square feet.
b. On -Site Tree Preservation.
1) All species of mature oak trees shall be preserved or otherwise dealt with in
accordance with Article 4, Chapter 17.104.
2) The removal of other mature trees shall be subject to the review and approval of
the Gity-6eunsil Planning Commission.
3) Mature trees that are approved for removal by the City Gauneil 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.
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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 6ity COURGI 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.
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
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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.
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.
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 pFerise plan of design 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.
3. 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.
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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 Sity Geunsit
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 Gouneit 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.
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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). If the site
abuts residential uses, school or park a minimum ten (10) foot setback is
required.
2) Side Street. No minimum setback is required except where rear of lot abuts
side of residential uses, school or park, in which case a setback of twenty (20)
feet shall be maintained within twenty -five (25) feet of the established common
property line. This required setback area may be used to meet the landscaping
requirements, or for required open space, so long as all other provisions in this
Code are satisfied.
3) Rear.
a) If the site abuts residential uses, school or park a minimum ten -foot setback is
required.
b) If the site abuts nonresidential uses, the minimum setback from the rear lot
line may be zero but shall be a minimum of ten (10) feet if more than zero
(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.
In any case where the public sidewalk setback results in a greater setback,
the sidewalk setback shall prevail.
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.
1l
C)
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AND ZONE SPECIFIC STANDARDS
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.
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 outlined 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 Gity Gaunsil 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. Miner Deviations from the land use percentage mix may be approved by
the City 6eunsil 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
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AND ZONE SPECIFIC STANDARDS
additional height would provide unique architectural elements that would
enhance the project overall.
14. Screening.
a. Rooftops should be designed in a way that acknowledges their visibility from other
buildings and the street. Equipment shall be screened on all four (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.
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AND ZONE SPECIFIC STANDARDS
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
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.
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:
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AND ZONE SPECIFIC STANDARDS
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.
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.
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.
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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 - ZONING DISTRICTS, ALLOWABLE
AND ZONE SPECIFIC STANDARDS
M.
. ............
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TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE
AND ZONE SPECIFIC STANDARDS
TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 87
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.
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 88
AND ZONE SPECIFIC STANDARDS
g. ATMs and walk -up bank services are subject to the approval of the Planning
Division.
h. When the ATM is removed, the structure's facade shall have a finished appearance
consistent with the existing structure, and be subject to the approval of the Planning
Division.
3. Convenience Markets.
a. A convenience market in a residential /commercial mixed -use development shall be
a market or grocery store having an enclosed gross floor area of less than three
thousand (3,000) square feet and engaged primarily in the sale of a limited range of
food items, a limited range of household items, magazines, off -sale alcoholic
beverages and similar items but not including produce or fresh meat.
b. Convenience markets in a residential /commercial mixed -use development shall
satisfy the following criteria:
1) A convenience market shall be permitted with a conditional use permit.
2) No exterior vending machines shall be permitted.
3) No video, electronic or other amusement devices or games shall be permitted
on the premises.
4) No outdoor storage or stacking of shopping carts shall be permitted.
5) No storage, display, or sales of any merchandise, fixtures or other material shall
be permitted outside the building.
4. Household Pets. If permitted by the property owner, or specifically allowed by the right
granted in the covenants, conditions and restrictions (CC &Rs) of the project, household
pets subject to the requirements of Title 6 of the Rosemead Municipal Code may be
allowed in the residential units of a residential /commercial mixed -use development.
5. Self- Service Laundries.
a. Any self- service laundry in a residential /commercial mixed -use development shall
be operated with at least one (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 may be permitted in compliance with Chapter 17.76
(Outdoor Sales and Garage Sales). shall be prohib ted.
b.
2) The use of temPOFaFy baRRers shall be limited to Me events peF year. The
use of a temporary banneF at each event shall be fOF a maximum of th rty-�
days. if a tempeFary banneF is used f9F mare than th Fly (30) days, the
3) There shall be a maximum of two tempeFaFy banneFs peF event.
4) The maximum size ef a teFnpeFaFy banReF shall be thFee feet by ten feet
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. PFAh,-b tpd Advert s Fig and Display. The follow F;g advert s ng and displays shall be
proh bited;
2) inflatable adye FtiG g displays
3) Roof ITIOURted d splays ef flags, peRRaRtS or pennaRt type banneFs, balleaRs,
4) Flags, banReFS OF balloons displayed in a !andsGape area eF OR 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.
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ARTICLE 3
Reserved
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 cafe 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 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
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.
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 6
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 4
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 b
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 tube 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 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 d
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.
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 17.32 (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 fist
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 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 or poured into any public alley, street,
storm drain or sewer.
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 ne sale, d splay GF adveFtising f9F sale of autemobiles, tFUGks
OF tFailers. The lease or rental of autGFnob 'I 1 L GF 4 aIerc shall he
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 10
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.
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.
1)
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 that, Naless 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) T-heFe shall be ne pFGFRot anal flags, baRReFS OF 6 9Rs displayed outside any
1961 Id Rg on ally seFv re stat OR site, except as pFevided iR subsection (h)(4(3)
of this SPAtiAR v.4thout 61;1_19119P ef A valid th Fty (30) day d splay peFM t by the
City Glerk subjeGt to a twenty f Ye dollar ($25+00) FefURdable deposi
guaFaRtee Femeval of the d splay. Such display permits Fnay 9RIy be issued
fer tempaFary use, not to e)(Geed th Fty (30) days GRGe peF year.
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.
2) L ghting. Outside light R9 shall be affanged and shielded se as to prevent aR
TITLE 17 - ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES 11
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.
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 W
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
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 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.
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 15
Figure 17.30.100.1
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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 1ti
4. IntakeMaiting 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.
7. 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.
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.
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 11
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 18
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.
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 Center Service includes guest access to centrally located computer, rax, ano copy macmne.
5. Number of Rooms.
a. Hotels. Minimum fifty (50) Rooms
TITLE 17 — ZONING ARTICLE 3 — REGULATIONS FOR SPECIAL USES AND STRUCTURES 19
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,
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 [u
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.
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 21
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 5.08 and Section 17.30.030
(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 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.
TITLE 17 -ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES 23
TITLE 17 -ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES 25
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
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 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 Regulations).
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
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 28
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.
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.
i. 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 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.
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 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
Regulations).
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
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 31
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
vendRg maohine'r
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 °^^''Y °h"" be
located within thiFty (30) feet Gf the eRtFaRGe te the GGFnFReFGiaI 6trLiGtLIFB and shall
c. If located outside the primary structure, t
maximum of two (2). The machines shal
be constructed of durable waterproof and
in a manner that is properly designed
treatment and security from vandalism,
Development Director.
he number of machines shall be limited to a
I not occupy required parking spaces, shall
rustproof materials(s), and shall be placed
and constructed in terms of architectural
subject to the approval of the Community
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 32
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 the fiaoility 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 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 mad 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 tha : 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.
940 a.m. and 740 p.m. GentaiRers for 24 hei -r donation of matpr als shall he at
least I GO feet from aRY pmpeFly ZORed DF OGGupied foF Fes deRtial 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 Feusab.e items
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 `a neFs shall be GGYered
TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 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.
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
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. (20%) peFGent
per side oF s xteen (16) squaFe feet, whiGheyeF s larger, n addit an to Fequ Fed
infemnat anal 6 gR'; In the rasp of a wheeled faG lity, the side w 11 be measuFed
from the paveMeRt to the top of the GE)ntalRer.
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 Department Division if necessary to facilitate traffic
circulation, or if the facility is not visible from the public right of -way.
4)
when attendant is Ret pFesent. The faGility shall 110t impair the and6Gapjng
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
I. Small collection facilities shall be maintained free of litter and any other undesirable
materials. and rnabile farilit . h h ` ' at the d Ps, at
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
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.
GE)I!eGt on faGility located at the estab! shed paFk ng let of a host use. QnGe space w 11
be provided fe. the attendant, 'f 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 17.30.190.1 (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 Conjunction with Commercial Principal Use
Number of Available
Parking Spaces
Maximum Reduction in
Required Parking
0-25
0
26-35
2
36-4
3
50-9
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. ZORed OF des priated by the ..ern' plan or f^ "'e` dent al ___
TITLE 17 -ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES �3b
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 fence at least six (6) feet in height. and 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) five 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 #encng 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.
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.
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 36
TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 37
17.30.190 Second dwelling units.
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.
"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.
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:
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 38
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.
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 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.
five (46) peFGent in any zene eveR when attaGhed to the primary strui;ture.
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 is
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 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
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.
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.
1. 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. n° the R 1
ZORe.
TITLE 17 - ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES 40
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.
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 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.
TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES
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 permitted in the C -3 (Medium Commercial) zone, CBD
(Central Business District). and M -1 (Light Manufacturing and Industrial) zone upon the
approval of a Conditional Use Permit, 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.
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.
TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES
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 43
Chapter 17.32 ACCESSORY STRUCTURES
Sections:
17.32.010
Purpose and applicability.
17.32.020
Permit requirements.
17.32.030
Accessory structures in residential zones.
17.32.040
Accessory structures in non - residential zones.
17.32.050
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 44
Workshops.
B. Requirements for residential accessory structures.
1. 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.
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 IF! he ght, Wh Ghever is less.
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.
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.
rom feet ,. hiGheyer s 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.
R 1I Rnd R. .;hall be i f d neaFeF to the id i f line the ..r e„. sid-P of
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 45
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.
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. I„ the o 2 zone, an = tta6he' gaFage
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.
.01110 a IM,
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(1), 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 4f
Chapter 17.36 CONDOMINIUMS AND CONDOMINIUM CONVERSIONS
Sections:
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 48
"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 eF availed of pFFRaf4y 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, title4e which is held by the corporation, which right
of occupancy is transferable only sensarrently 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 49
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
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 5u
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.
TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 51
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. an any dimenson.
TABLE 17.36.060.1
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 52
D. Minimum building setbacks.
Condominium projects shall be subject to the setback requirements of the specific zones in
which they are located.
FFORt Yard S tb '( Fifteens -15) feet minimum Na garage shall d*FBGtly `°
street
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.
TITLE 17 - ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES 53
F. Fences. masonry walls and height requirements.
Each development shall be improved with fencing, walls, and landscape screening in
accordance with Chapter 17.68 (Fences, Walls, and Landscape Screening).
G. Landscaping.
In addition to any landscape provisions required within the zone in which a condominium
project is proposed, the following additional landscape criteria shall be followed:
1. All setback areas fronting on or visible from an adjacent public street, and all leisure,
open space, and recreation areas shall be landscaped in an attractive manner and
provided with a method for the maintenance of the areas.
2. Decorative design elements (e.g., benches, exterior recreational facilities, fountains,
planters, pools, sculptures, and similar elements) may be allowed, provided the
elements are incorporated as a part of the landscaping plans, except where otherwise
prohibited.
3. Permanent and automatic irrigation facilities shall be provided in all planted landscaped
areas.
TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 54
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.
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.
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
17.32 (Accessory Structures) for additional development standards.
TITLE 17- ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES
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) Two (2) guest One (1) guest parking space per every two (2) dwelling units.
(3)
bedMaMS GARtAin WthiR a dwe"iRg Unit, ORe half guest awking shall be picovided
therefor. 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.
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:
TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES
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.
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.
17.36.080 StandaFd Conditions
G. A!I heat Fig and air Gond t OR Rg shall be SGFeened ftom view and shall comply with Gha
8+36.
TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES
TITLE 17 — ZONING ARTICLE 3 — REGULATIONS FOR SPECIAL USES AND STRUCTURES b8
TITLE 17 - ZONING ARTICLE 3- REGULATIONS FOR SPECIAL USES AND STRUCTURES 59
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.1.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.
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 60
Chapter 17.46 MOBILE HOME PARKS & PARK CONVERSIONS
Sections:
17.46.010
Definitions.
17.46.020
Exemptions.
17.46.030
Applicability.
17.46.040
Required improvements and standards.
17.46.050
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 bl
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"
home paFks and Gapable of be Rg equ pped w th wheels OF AWMIGIF devices feF the Purpose a
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 a conditional use
permit and comply with each of the requirements of this section.
17.46.030 Applicability Conditional use PeFFRit reqUiFed.
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).
pursuant to Chapter 17.132.
17.46.040 Required improvements and standards.
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 et seq. ( Mobilehome Residency Law) and the California Health and Safety Code Section
18000 et seq. (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.
TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES tis
K. F Fe extingUiSh Fig equipment leGated thFoughout the park in the size, nuirrbeF and type
des griated by the Los Angeles County F Fe Departmert,
L. Garbage Gans IGGated wthiR one hund-Fed ;;Rd fifty (150) feet of eaGh mebile hE)Fne SpaGe
r! GORta .d iR I as deSGribed iR 4h' d
or frart on thereof,
117.46.060 Requoired standards.
The fallowmg standards shall apply to Fnebie home pa*6.
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
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.
TITLE 17 -ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES 64
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 bb
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 bb
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.
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.
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 68
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.
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.
TITLE 17 - ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES 69
1. Approval of the Conversion Impact Report was obtained fraudulently.
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 185910.
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.
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 70
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 /l
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 /z
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 73
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 74
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;
B. 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
"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 76
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 monopams, 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
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 79
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
[I7
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.
17.54.060 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:
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 81
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 a[
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
TITLE 17 - ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES 83
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 84
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);
f. 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
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.
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 ao
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;
f. 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 87
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;
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 86
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 89
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
I . 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.
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 91
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:
1. 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 setback 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 setback;
3. Rear: Such facilities may be located in the rear yard setback 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.
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 a3
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.
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 94
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
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 96
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
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 98
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
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 100
telephone corporations under applicable state and federal law, including the provisions of
Public Utilities Code Section 7901.1.
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.
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 iui
ARTICLE 4
Reserved
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.
17.68.090 Fencing of hazardous areas.
17.68.100 Fences on lots that are vacant, under construction, or being demolished.
17.68.110 Requirement for construction of a six -foot high masonry wall.
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
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.
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
or 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. 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 OF not less than six (6) feet in height and no more
than eight (8) f tee: (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 eF fease shall not be more than four (4) feet in height where it adjoins a front yard
setback of any residential or commercial property. zeae.
D.
equ pFnent finem v ew fFOM a pub! G stFeet. The wall eF fenGe shall not be less than six (6)
fpp.t nor rnnrp th-@R twenty (20) feet in height and all steFage of materials and equ pment
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.
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 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.
TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 3
1. Exceptions. Chain -link fencing shall be a permitted fencing material for:
The screening of side yard areas that are not visible from the public right -of -way
and rear yard areas,
b. The screening of vacant land in accordance with Section 17.68.100, and
c. The temporary screening of lots under construction or being demolished in
accordance with Section 17.68.100.
All chain -link fences in existence at the time of the adoption of this Part shall be deemed
legal non - conforming as set forth in Chapter 17.72 and the properties on which they
have been placed shall be permitted to undertake maintenance, repair, and replacement
consistent with the requirements of that Chapter.
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.
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.
TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 4
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.
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 t;erefaFe, citing the reasons for such request. The
Planning Commission shall give the applisatien 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 and Requests for Review) 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 and structures.
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 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. Exception. An existing single - family dwelling unit or duplex in the R -1 or R -2 zone that
became legal nonconforming solely due to the application of Ordinance No. 851 to the
unit or duplex's side yard setback requirements as set forth in Article 2, Table
17.12.030.1 (Residential District Development Standards) and which, absent the
changes made by Ordinance No. 851, would conform to this Code may be enlarged or
extended provided that:
a. The enlargement or addition conforms to all other requirements and standards of the
current Zoning Code;
b. The enlargement or addition shall not increase the degree of non - conformity,
including adding additional floor area in the portion of the unit or duplex located in
the side yard setback as modified by Ordinance No. 851, and
c. The enlargement shall not exceed fifty (50) percent of the existing floor area of the
dwelling unit or duplex.
d. Any other request for an enlargement that does not comply with the standards set
forth in Section 17.72.040.A.3.a -c shall be permitted pursuant to the standards set
forth in Chapter 17.142 (Minor Exceptions).
4. 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:
TITLE 17 - ZONING ARTICLE 4 -SUPPLEMENTAL STANDARDS 7
Ordinary repairs and the repair or replacement of nonbearing walls, fences, 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
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 due to IaGk Of GGFApl*anGe with
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.
TITLE 117 - ZONING ARTICLE 4 -SUPPLEMENTAL STANDARDS 8
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.
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. This
Section also contains maintenance and repair provisions for legal nonconforming chain -link
fences in the R -1, R -2, and R -3 zones.
A. Legal nonconforming residential structures in nonresidential zones: 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.
1. 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.
B. Legal nonconforming chain -link fences in R -1, R -2, and R -3 zones. All existing legal
nonconforming chain -link fences in the R -1, R -2, and R -3 zones shall be permitted to
continue as such until removed, extended or altered beyond the exception provisions stated
below, at which time such fence shall be made to conform to the requirements of Chapter
17.68 (Fences, Walls, and Landscape Screening).
1. No impact on additions and remodels to single- family dwellings or duplexes. All existing
legal nonconforming chain -link fences in the R -1, R -2, and R -3 zones shall be permitted
to continue, provided that the existing chain -link fencing is not considered a public
TITLE 17 - ZONING ARTICLE 4 -SUPPLEMENTAL STANDARDS 9
nuisance as defined in Chapter 8.44 (Property Maintenance), at the time a residential
addition or remodel is proposed.
2. Repairs and maintenance. Routine maintenance, such as rust removal, or replacement
of less than fifty (50) percent of the length of the fence along any property line with in-
kind material shall be permitted. Replacement of fifty (50) percent or more of the length
of a fence along any property line shall constitute a new fence, and in such case all legal
nonconforming chain -link fencing shall then be removed from the subject property.
3. Reconstruction of damaged nonconforming chain -link fences. Nonconforming chain -link
fencing damaged or destroyed due to an involuntary catastrophic event (e.g. fire,
earthquake, or other calamity) may be reconstructed or replaced provided:
a. A fence permit for reconstruction must be obtained no later that forty -five (45) days
after the date of destruction, and construction must be pursued diligently to
completion.
b. The new chain -link fence shall comply with all other development standards outlined
in Chapter 17.68 (Fences, Walls, and Landscape Screening).
c. If the preceding requirements are not met, the replacement fencing shall comply with
all current requirements of this Title in effect on the date of the application for the
required fence permit.
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
TITLE 17 - ZONING ARTICLE 4 -SUPPLEMENTAL STANDARDS 10
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 11
TITLE 17- ZONING ARTICLE 4 -SUPPLEMENTAL STANDARDS 12
TITLE 17 -ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 13
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, M -1, and RCMUDO zones seeking outdoor
display of merchandise shall submit an application to the Community
for an Outdoor Display Permit. The application shall be accompanied
and other exhibits as may be required to properly evaluate the r
application fee in an amount to be determined by resolution of tl
application shall include the days of the week, hours, and number
which the application is requested.
Development Director
by a site plan, photos,
equest along with an
1e City Council. The
of weeks per year for
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 14
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 and Requests for Review).
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 15
A. No more than two (2) garage sales per address shall be conducted in any six -month
period.
B. Garage sales the astiv +ty may 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. A" suGh goods, wares and FneFGhand-.F-;P- Shall -he the
peFseRal propeFty of the resideRt 9F his or heF GO G9RdUGtGFS of the sale and shall be-
abselete to his, her OF their use The Fes dent hall not bFing or a1l9W R
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.
PFGpepty.
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.
F. The resident of the property shall first obtain a no 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 17 -ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 16
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 17
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 - LOW /LOWER /MODERATE INCOME & QUALIFYING RESIDENT /SENIOR UNITS
TITLE 17 - ZONING ARTICLE 4 -SUPPLEMENTAL STANDARDS 18
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
Resident/Senior
(100% senior,
20%
Not applicable
Not applicable
Housing
no affordable
units required)
TITLE 17 - ZONING ARTICLE 4 -SUPPLEMENTAL STANDARDS 18
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 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 19
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 20
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 21
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 22
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.
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.
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
it makes all of the following findings and requires as a condition of approval that:
TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STAN
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 24
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 25
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
gross floor area of
accordance with State law, at the
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
project
t
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
equivalent financial value in
Households
project
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 25
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 26
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:
1. 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 27
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 28
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.
17.91020 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 29
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.
1. 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 30
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 31
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 32
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 33
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 34
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 Plaanng 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. G'o Rg:neer and "diFeGror." in a FRatter
"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. ,TeFie _ of pe is feinmed by the =°'! = -!
"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" Means aRY tree of the queFOUS geR616 (oak) thiFty seven and eRe half (37.5) iRGhes
G1F6UmfeFeRGe; (twelve (12) inches iR diameteF) as rnsas, - ired fe- - ir and one. half feet ahnve the
thirty seveR and One half (37.5) RGheis (12 n6hes n d ameteF) as measui,ed- four 2Rd ene hal
feet 2171GYP the root AFAINR Oak tFee shall not apply te any tFee gFey-on ar held for -An'- . ' - -
IlseRised ^_•c =:; b_°:^°°° 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 '/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.
TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 35
"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(3))
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.
I railed to, The installation of six (6) feet high chain link fencing five (5) feet beyond the drip
17 - ZONING ARTICLE 4 -SUPPLEMENTAL STANDARDS 36
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., SuGh as,
but not immoted to, of Planning"i
E. Restrictions upon cuts, fills and /or grading within the drip line area;
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. (RFief
.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 PFeVi6i0RS Of SeGt*en6 17.040 thFOugh 17. 100 shall not apply to the fell
Notwithstanding the provisions of this code, a permit is not required under the following
circumstances:
us
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 Y:) 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. caused
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 37
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 38
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;
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 65943 of the Government Code.
17.104.130 Appeals.
The decision of the Director may be appealed as set forth in Chapter 17.160 (Appeals and
Requests for Review).
The Planning Gemmission shall heaF and ast on any appeal of a deei6ion of the D*FeGtOF in. the
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 39
TITLE 17 - ZONING ARTICLE 4 -SUPPLEMENTAL STANDARDS 40
TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 41
TITLE 17- ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 42
TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 43
TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 44
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TITLE 17 - ZONING S
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TITLE 17 - ZONING ARTICLE 4 —SUPPLEMENTAL STANDARDS 46
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
Number of spaces required.
17.112.050
Alternative parking provisions.
17.112.060
Elimination or reduction of parking spaces prohibited.
17.112.070
Use of recreational vehicles and nonresidential trailers.
17.112.080
General use provisions for off- street parking spaces.
17.112.090
Parking space and drive aisle dimensions.
17.112.100
Location of parking facilities.
17.112.110
Valet parking.
17.112.111
Parking design and layout standards.
17.112.112
Bicycle parking.
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 47
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.
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 48
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 panting 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 49
OFF - STREET PARKING REQUIREMENTS
(Continued)
Retail Trade Uses
Required Parking
Appliance and Furniture Store
1 space per every 500 sf
1" 10,000 sf — 1 space per 300 sf
Over 10,000 sf — 1 space per 500 sf
Large Warehouse -type Retail Sales and
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
four (4) tenants, then it is parked at the following ratios:
Shopping Center
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
1 per 250 sf, plus 1 per rental vehicle (not including
Vehicle Rental
bicycles and similar vehicles)_
Vehicle Sales, Office only
1 per 250 sf
no car storage or inventory storage)
1 per 250 sf, plus 1 per display vehicle (not including
Vehicle Sales (New or Used)
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 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, take -out, coffee /tea
1 per 100 sf
shops)
Restaurant under 2,000 sf of floor area
1 per 100 sf
20 spaces for the first 2,000 sf, plus 1 space per 200 sf
Restaurant more than 2,000 sf of floor 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).
TITLE 17 -ZONING ARTICLE 4 -SUPPLEMENTAL STANDARDS 50
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 51
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
used for assembly not containing seats. (1 space per
Assembly /Meeting Facilities
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
6 per classroom 1 per 350 sf of office /administrative
High Schools
area
Library
1 per 300 sf
1 space per 5 fixed seats or 1 per 75 sf of floor area
used for assembly not containing seats (1 space per 20
Places of Religious Assembly
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
1 per 2 computer terminals or 1 per 200 sf, whichever
Game Arcade, Internet Cafe
is greater
Health /Fitness Facility
1 per 200 sf
KTV Studios (Karaoke)
1 space per 100 sf
Museum
1 per 300 sf
1 per 5 seats for up to 800 seats, plus 1 per 8 seats for
Theaters, movie or live performance
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 52
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
Planning 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 /joint 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 53
3. Findings for granting shared /joint use and off -site parking arrangements.
a. To grant a request for shared /joint use of 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 of 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
1. 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 54
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
firem the street. HOWeV8F, at no time shall A- #AVAI tFaileF be used f9F living OF business
pufpeses —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 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.
TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 55
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.
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 compact smatl 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 in on a common
location subject to the approval of the Community Development Director.
TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 56
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.
d. Design standards for handicapped parking stalls shall be provided in accordance
with accepted State standards, and shall be considered as part of the parking space
requirements for the given facility.
B. 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 a greater width is required by the Public Works Director upon
project review.
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 57
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
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
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 58
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.
1. 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.
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 /joint 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 59
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
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.
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 and Figures 17.112 -1, 17.112 -2, and 17.112 -3.
TITLE 17- ZONING ARTICLE 4 -SUPPLEMENTAL STANDARDS 60
K. Parking adjacent to residential zones.
Where a parking area abuts property classified for R uses, it shall be separated there€rera
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.
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.
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 61
17.112.112 Bicycle parking.
Bicycle parking shall be required for all non - residential development projects in accordance with
the standards set forth in Chapter 12.32 of the Rosemead Municipal Code.
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 62
FIGURE 17.112 -1 - Parking Layout
MINIMUM PARKING DIMENSIONS:
19'
ADD 2' TO END STALL ABUTTING A
BUILDING OR OTHER OBSTRUCTION.
0
B:
WHEEL TOP O1 O
(TYP.) F
7Y F
3"DOUBLE STRIPE °D 1
8' CLEAitANCE
W CLEARANCE
BETWEEN STRIPES V
PUBLIC ALLEY PARKING:
SIGHT DISTANCE REQUIREMENTS:
7
CLEAR OPEN
AREA FOR
ISIBILITY
I PUBLIC I
I ALLEY I
20'
ALLEY W DTH
18' 28
-MINIMUM
NOTE: DRAWINGS ARE NOT TO SCALE.
TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 63
FIGURE 17.112 -2
MINIMUM PARKING DIMENSIONS:
18, ADD 2' TO END STALL ABUTTING A
BUILDING OR OTHER OBSTRUCTION.
WHEEL - T P b'
(TYP.)
z-e
1r
STRIPE °p
WITH a
MATH TH 6' CLEARANCE
BETWEEN STRIPES P. U
18 _
PUBLIC ALLEY PARKING: SIGHT DISTANCE REQUIREMENTS:
e' <
CLEAR OPEN
AREA FOR
—VISIBILITY
PUBLIC I
I ALLEY 1
20'
AuEV w DTH
i � MINIMUM�PU
NOTE: DRAWINGS ARE NOT TO SCALE.
TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 64
FIGURE 17.112 -3
ACCEPTABLE LANDSCAPE LOCATIONS:
NOTE: DRAWINGS ARE NOT TO SCALE.
TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 65
Chapter 17.116 SIGNS
Sections:
17.116.010 Purpose and intent.
17.116.020 Definitions.
17.116.030 General provisions, standards and controls.
17.116.040 Exceptions.
17.116.050 Signs prohibited in any zone.
17.116.060 Signs in R (residential) zones.
17.116.070 Signs in commercial and industrial zones.
17.116.080 English language use on on- premise signs.
17.116.090 Signs in the P -D, P -O, R/C MLIDO zones.
17.116.100 Billboards prohibited.
17.116.110 Billboards erected prior to December 1, 1979.
17.116.120 Rehabilitation of existing billboards.
17.116.130 Rehabilitation of existing substandard billboards.
17.116.140 Effect of conformity to Section 17.116.130.
17.116.150 Nonconforming sign — Replacement of alteration.
17.116.160 Nonconforming signs and billboards — Removal procedure.
17.116.170 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.
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 66
"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 67
"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 68
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
other pertinent information of the architects,
(16) square feet in area, giving the names and
contractors and engineers of the project during
TITLE 17- ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 69
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.
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 70
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, and 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.B.1.b)
R/C MUDO zone Chapter 17.28 (Section 17.28.030.D.18)
TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 71
(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 72
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 73
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.
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:
TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 74
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 75
ARTICLE 5
Reserved
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 or Requests for
Review). "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 1
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.
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
• - - - - - --
• Decision
Design Review (D -Overlay and RCMUDO)
rRecommend
• Decision
• Appeal
Design Review (C-4 Zoned Projects)
• Recommend
• Decision
Development Agreements
• Recommend
• Recommend
• Decision
General Plan Amendment
• Recommend
• Recommend
• Decision
Joint/Off-Site Packing 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 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
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.
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 3
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.
d. 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.
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 4
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:
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 5 - 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 and Requests for Review) 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 6
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.
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 ARTICLES- DEVELOPMENT APPLICATION PROCEDURES 7
d. Do not result in an expansion or change in operational characteristics of the use.
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 8
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 9
2. One adult caretaker may be present du ring. 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 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.
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 5 - DEVELOPMENT APPLICATION PROCEDURES 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:
1. 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. 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
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:.
TITLE 17- ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 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 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
permit.
revocation of administrative use
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 (Appeals and Request for
Review) 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 14
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 ARTICLES- DEVELOPMENT APPLICATION PROCEDURES 15
revocation and modification provisions set forth in Chapter 17.168 (Revocations and
Modifications).
TITLE 17 - ZONING ARTICLES- 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.
17.132.050 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 and Requests for Review) 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 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.
17.132.050 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 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 six (6) Fnenths
sempliedvth, 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 GeRd notice, in
shall follow the revocation and modification
provisions set forth in Chapter 17.168 (Revocations and Modifications).
TITLE 17 ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 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;
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 20
17.136.030 Review authority.
A. Discretionary review.
1. 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,
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 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
f. 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, Structures, Lots, and Parking Facilities).
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, Structures, Lots, and Parking
Facilities).
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 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 Chapters 17.156 through 17.168 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.
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 25
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 26
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 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 17.142.030.13.2 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 accordance
with the provisions set forth in Chapter 17.160 (Appeals and Requests for Review).
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 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 28
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 29
5. The zoning code provision, regulation, or policy from which reasonable accommodation
is being requested:
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 30
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,
K 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 and Requests for Review).
TITLE 17 - ZONING ARTICLE 5 - DEVELOPMENT APPLICATION PROCEDURES 31
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.
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 32
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
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.
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.
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 33
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 34
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.
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 17.148.040, 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 35
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 Government Code
§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 36
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 37
ARTICLE 6
Reserved
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's action.
17.152.050 Council's 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.
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
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 Requests for Review) and as specified in Government Code Sections 65354.5 and
65856.
TITLE 17 -ZONING ARTICLE 6 - ADMINISTRATION AND ENFORCEMENT 2
17.152.050 Council's action.
A. Approval.
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.
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.
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.
TITLE 17 - ZONING ARTICLE 6 - ADMINISTRATION AND ENFORCEMENT 3
B. Findings required for all Zoning Code and Zoning Map Amendments.
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 301 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.
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.
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.
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 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 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.
D. Report and scheduling of hearing.
TITLE 17 -ZONING ARTICLE 6 - ADMINISTRATION AND ENFORCEMENT 8
1. 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.
17.160.060 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 or any
discretionary action by the Community Development Director. Any Planning Commissioner
TITLE 17 - ZONING ARTICLE 6 - ADMINISTRATION AND ENFORCEMENT 9
based on his /her responsibility to the City Council regarding land use matters may file with the
City Clerk a "Request for Review" (RFR) of any discretionary action by the Community
Development Director.
A. Such RFR shall be filed within ten (10) days of the decision, 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 or appointed officials.
Upon the timely filing of an RFR, the decision shall be suspended until the RFR is
determined by the Planning Commission or City Council, and the City Clerk shall
immediately: 1) notify the Council, Community Development Director. Planning Commission.
applicant and all who appeared at the meetings with regard thereto, and 2) set the matter for
hearing before the Planning Commission or City Council for final determination, as
appropriate based on the filing of the RFR, for hearing and 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
whose inspectors or authorized representatives
affected by this title for purposes of inspection.
and administered by the Planning Commission
shall have the right to enter upon any premises
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
Purpose.
17.168.020
Revocations.
17.168.030
Modifications.
17.168.040
Findings to modify or revoke.
17.168.050
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.
1. 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.
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.
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
ATTACHMENT B
Reserved
Comprehensive Zoning Code Update
Summary of Change
City of Rosemead Planning Division
July 2013
TABLE OF CONTENTS
Comprehensive Zoning Code Update PAGE
Title 17 Zoning Code Amendments — Overview
Zoning Map Amendments — Overview
Summary of Change — Rosemead Zoning Code Update 2013
22
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 and 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 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 — general
New Definitions
Breezeway
Equipment Rental Yard
• Accessory Structure
Business and Business
Facade
• Accessory Use
Activity
Family
• Acupuncture
Car Wash
Farmers' Market
• Alcohol Sales, Off -Sale
Catering Service
Financial Service or
• Alcohol Sales, On -Sale
Commercial Recreation
Institution
• Ambulance Fleet Services
Community Development
Fence
• Animal Hospital /Clinic
Director
Floor
• Animal Grooming
Conditional Use Permit
Floor Area
• Animal Retail Sales
Convenience Store
Fortunetelling
• Apartment studio
Corner Cutoff Area
Frontage
• Architectural Feature
Cottage Food Operation
Funeral Homes and
• Assembly /Meeting Facilities,
Cultural Institution
Mortuaries
Public or Private
Day Care, Limited and
General Plan
• Automated Teller Machine
General
Glare
(ATM)
Child Day Care, Small and
Government Facilities
• Attic
Large Family
Grade, Existing
• Automobile Car Wash
Disability
Grade, Finished
• Automobile Lube and Tune
Discretionary Permit
Group Home
Facility
Donation Box
Hardscape
• Automobile Parts and
Drive - Through or Drive -Up
Health /Fitness Facilities
Accessory Store
Facilities
(Large and Small)
• Automobile Rental or
Driveway
Hedge
Leasing
Easement
Height of Fence or Wall
• Automobile Repair Garage
Eating and Drinking
Heliport
• Bar /Cocktail Lounge
Establishments (Accessory
Helistop
• Basement
Food Service, Bars,
Homeowners Association
• Beauty Health /Spa
Lounges, Nightclubs,
Home Occupation
• Beauty shop
Taverns, Fast Food,
Horticulture (Commercial or
• Bedroom
Outdoor Dining, Sit -Down
Private)
• Berm
Restaurant, and Take -Out
Industry (Light and Heavy)
• Body Art
Service)
Internet/Cyber Cafd
• Body Art Establishment
Eave
Kitchen
• Body Branding
Emergency Health Facility
Landscaping
• Body Scarring
Emergency Shelter
Summary of Change — Rosemead Zoning Code Update 2013
3
• Laundry and Dry Cleaning
Services (Off -Site, On -site,
and Self- Service)
• Lot Coverage
• Lot Line (Front, Interior, rear
Side
• Lot Width
• Manufactured Housing Unit
• Massage (Massage
Establishment
• Mezzanine
• Medical Use
• Ministerial
• Mixed Use Development
• Mobile Housing Unit (Mobile
Home)
• Mobile Home Park
• Office (Administrative
Business Professional,
Government, Medical and
Dental)
• Open Space
• Outdoor Storage
• Outdoor Use and Display
• Outpatient Surgery Facility
• Overhang
• Pad, building
• Parapet
• Parking, Joint Use
• Parking, Shared
• Parking Space (Garage
Parking, Off - Street, On-
Street)
• Parking Structure
• Parks and Recreation
Facilities
• Parkway
• Patio
• Patio Cover
• Personal Services Business
(General and Restricted)
• Personal Storage (Mini -
Storage or Self- Storage,
Indoor Only)
• Pharmacy
• Places of Assembly
• Places of Religious
Assembly
• Planning Commission or
Commission
• Pool and Billiard Hall
• Porte- Cochere
• Postal Services
• Printing and Duplicating
Services
• Public Facility
• Queuing Space
• Radio/TV Broadcast
Studios /Recording Studios,
Film TV Studios
• Reasonable Accommodation
Request
• Recharging Station
• Recreational Vehicle (RV)
• Recycling Facility
(Processing Facility)
• Research and Development
• Residential Care Facility
• Residential Use
• Retail Store
• School, Business or Trade
• Screened
• Secondhand Store
• Setback (Front Yard,
Primary Building Line, Rear
yard, and Side Yard)
• Shopping Center
• Single Room Occupancy
(SRO)
• Specialty Retail (C-4
zone)
• Specific Plan
• Storage (Accessory,
Outdoor, Personal Storage
Facility)
• Structurally Altered.
• Studio - Art, Dance, Martial
Arts, Music
• Supermarket
• Supportive Housing
• Swimming Pool
• Tandem Parking Stall
• Tot Lot
• Transitional Housing
• Tutoring Services (Large
and Small)
• Urgent Care Facility
Summary of Change — Rosemead Zoning Code Update 2013
• Utilities
• Vending Machine
• Veterinary Services (Animal
Hospital /Clinic
• Wall
• Warehouse Retail Store
• Warehousing
• Wholesaling
• Wireless Communications
Facilities
Modified Definitions
• Animal Boarding /Kennels
• Arcade
• Building Height
• Carport
• Dwelling
• Dwelling Unit (Multi - Family,
Primary, Single - Family,
Second, Two - Family)
• Educational Institute
• Floor Area Ratio
• Garage
• Hospital
• Lot Width, Average
• Nonconforming Structure
• Nonconforming Use
• Recycling Facility (Small
and Large Collection
Facility)
• Use
• Yard (Yard Area, Required
Yard Area, Side, Rear,
Front)
Removed Definitions
• Automobile Auction
• Boarding House
• Dwelling, Group
• Large Collection Facility
• Mini Mall Project
• Mobile Recycling Unit
• Occupancy, Change of
• Occupied
• Recyclable Material
• Story, Half
• Trailer
• Trailer, Travel
• Trailer park
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 specific use regulations that are located
within Article 3 (Standards for Special Uses and Structures) as a way to highlight the reader to
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.
Summary of Change — Rosemead Zoning Code Update 2013 5
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
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 nonresidential
construction adjacent to residential properties. Historically the City's variable height
requirement has been considered too restrictive to nonresidential 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
jR -1 (Single - Family Residential), R -2 (Light Multiple Residential), and R -3 (Medium Multiple
Residential) zones)
Residential - Land Use Changes
• Residential Flag Lot Subdivisions will no longer be permitted in the City of Rosemead.
• 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 a Conditional 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.
• Supportive Housing will be permitted in the R -1, R -2, and R -3 zone.
• Transitional Housing will be permitted in the R -1, R -2, and 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;
Summary of Change — Rosemead Zoning Code Update 2013 6
• Institutions of a philanthropic or charitable nature;
• Golf courses and country clubs;
• Storage facilities;
• Wholesale nurseries;
• 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
• 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
(C -1 (Neighborhood Commercial), C -3 (Medium Commercial), C-4 (Regional Commercial), and
CBD (Central Business District) zones)
Commercial - Land Use Channes
• Multi - 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.
Summary of Change — Rosemead Zoning Code Update 2013 7
• 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.
• Small tutoring facilities for not more than five (5) students will be permitted 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
(CI -MU (Commercial Industrial Mixed -Use) and M -1 (Light Manufacturing and Industrial) zones)
Commercial and Industrial - Land Use Chances
• 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.
Summary of Change — Rosemead Zoning Code Update 2013 8
• 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. 24 SPECIAL PURPOSE ZONING DISTRICTS
(P (Automobile Parking), P -D (Planned Development), and O -S (Open Space) zones)
Special Purpose Zones - Land Use Chanaes
• Automobile Parking (P) zone has been updated to provide for specialized facilities that
serve a critical but single purpose need for automobile parking.
• The 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 (2) public
hearings will be required instead of three (3).
• The open space percentage requirements in the P -D zone have been eliminated for
flexibility, and language defining when a P -D plan becomes expired, null, and void has
been redefined for clarity.
CHAPTER 17.28 OVERLAY ZONES
(D -O Design Overlay and RC -MUDO (Residential Commercial Mixed Use Development
Overlay) zones)
Overlay Zones - Land Use Chances
• Mixed -use projects in the RCMUDO 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.
• Outdoor Display and Sales will be permitted in compliance with Chapter 17.76.
Currently, outdoor display and sales is prohibited in the Residential Commercial
Mixed -Use Design Overlay.
Summary of Change — Rosemead Zoning Code Update 2013 9
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 Specific 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
and eight feet high, and they are established as an accessory use to a primary use
Summary of Change — Rosemead Zoning Code Update 2013
10
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.
• 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 Cafe 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 internet 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.
Summary of Change — Rosemead Zoning Code Update 2013 11
• 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 current 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 (Medium Commercial), CBD
(Central Business District), and M -1 (Light Manufacturing and Industrial) 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.
Summary of Change — Rosemead Zoning Code Update 2013
12
• 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
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)
Summary of Change — Rosemead Zoning Code Update 2013 13
ARTICLE 4
SUPPLEMENTAL STANDARDS
Article 4 contains the ten (10) 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, or other materials
hazardous to wildlife in both residential and non - residential zones. Chain -link fencing
may only be used where it is not visible from the public right -of -way. However,
provisions for the maintenance, repair, and replacement of legal nonconforming chain -
link fencing on residential zoned properties is proposed in Chapter 17.72
(Nonconforming Uses, Structures, Lots and Parking Facilities).
• 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:
o 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.
o Maintaining the existing change of use clause: A nonconforming use that is
changed, or replaced by a conforming use shall not be reestablished.
o 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
Summary of Change — Rosemead Zoning Code Update 2013 14
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.
• 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 provisions to allow beautifying improvements to legal nonconforming
structures, including interior alterations, repairs and maintenance, and some
enlargements subject to the Minor Modification process.
• 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.
• Maintenance, repair, and replacement provisions have been included for legal -
nonconforming chain -link fencing located in the R -1, R -2, and R -3 zones.
• 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
(Neighborhood Commercial), C -3 (Medium Commercial), C-4 (Regional Commercial),
CBD (Central Business District), CI -MU (Commercial Industrial Mixed Use), and M -1
(Light Manufacturing and Industrial) 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
Summary of Change - Rosemead Zoning Code Update 2013 15
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.
• 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 17.112 (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
Summary of Change - Rosemead Zoning Code Update 2013 16
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.
• Chapter 17.116 (Signs)
Summary of Change - Rosemead Zoning Code Update 2013
17
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 (3) 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.
Summary of Change — Rosemead Zoning Code Update 2013 18
Examples of uses that will require the approval of an Administrative Use Permit include,
but are not limited to:
• Outdoor Dining (if area is greater than 800 square feet)
• Beauty Health Spas in the C -3 (Medium Commercial) and CBD (Central
Business District) zones
• Massage Establishments in the C -3 (Medium Commercial) and CBD (Central
Business District) zones
• Ambulance Services in the C -3 (Medium Commercial) zone
• Studio, Art, Dance, Martial Arts, Music Class (up to two thousand (2,000) square
feet) in the C -1 (Neighborhood Commercial), C -3 (Medium Commercial), and
CBD (Central Business District) 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:
Summary of Change — Rosemead Zoning Code Update 2013 19
• 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
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.
Summary of Change - Rosemead Zoning Code Update 2013 20
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.
Summary of Change — Rosemead Zoning Code Update 2013 21
ZONING MAP AMENDMENTS
New CI -MU (Commercial Industrial Mixed Use) Zone
The General Plan Update has established a mixed -use industrial /commercial land use category
"to accommodate light industry, research and development, and office uses. The emphasis is on
businesses that provide career oriented and trade jobs." (City of Rosemead General Plan Land
Use Element)
The CI -MU zone has been created to implement the General Plan land use policy. The CI -MU
zone is intended to provide heavy commercial and quasi - industrial uses that are consistent with
the General Plan Mixed -Use Industrial /Commercial land use designation. Auto - oriented retail,
service business, and commercial uses that require heavy equipment may be allowed when
designed to meet the needs of the immediate employment population.
The new CI -MU zone will consist of nine (9) parcels totaling approximately 6.46 acres (281,397
square feet). Current land uses include the LA County Fire Station, Southern California Water
Utility Yard, Light Industrial Buildings, a Residential Motel, an Office Building, and a Church.
CI -MU (Commercial Industrial Mixed Use) Zone
Existing M -1 (Light Manufacturing and Industrial) property would be zoned to CI-
MU (Commercial - Industrial Mixed -Use)
2010 General Plan (GP) designates a
use category called Mixedllse:
Zone Change Is proposed to change an
ea of existing M-1 (Lida Manufacturing
id Industrial) land on the east side of San
ebriei Boulevard, south of Garvey Avenue
■ DEVELOPMENT STRATEGY:
To improve and maintain a mixed
commercial - Industrial area in way
that supports existing businesses and
attracts new businesses.
. Afxed Use1ndustrl"ammerdel
Summary of Change - Rosemead Zoning Code Update 2013 22
AERIAL MAP OF NEW CI -MU ZONE
Property Addresses
• 2644 San Gabriel Boulevard (APN: 5283- 012 -904)
. 2630 San Gabriel Boulevard (APN: 5283 - 012 -019)
. So Cal Water Company (APN: 5283- 012 -800)
• 2618 San Gabriel Boulevard (APN: 5283-012 -026)
• 2542 San Gabriel Boulevard (APN: 5283- 013 -021)
• 2536 San Gabriel Boulevard (APN: 5283 -013 -017)
• 2530 San Gabriel Boulevard (APN: 5283- 013 -018)
• 2524 San Gabriel Boulevard (APN: 5283 -013 -019)
• 2516 San Gabriel Boulevard (APN: 5283 -013 -020)
Summary of Change — Rosemead Zoning Code Update 2013 23
R -3 (Medium Multiple Density Residential) and
P -O (Professional Office) Zone Changes
The P -O (Professional Office) zone is currently located in three (3) areas of the City. The first
area is located along the west side of Rosemead Boulevard between Valley Boulevard and
Glendon Way Avenue. The second area is located just north of UFC Gym, between Glendon
Way Avenue and Marshall Street. The third area is located west of Rosemead Boulevard, north
of the 1 -10 Freeway, along Ramona Boulevard. A few parcels are also located along Glendon
Way Avenue in this area.
In order to foster housing stock and neighborhood revitalization and renovation, as well as
encourage the grouping of certain types of commercial activities, the Zoning Code Update
proposes to eliminate the possibility of constructing multi - family housing in the P -O
(Professional Office) zone. The majority of existing P -O (Professional Office) zoned properties
that are developed with residential buildings will be reclassified as R -3 (Medium Multiple
Residential) zoned properties. This proposed zone change is intended to eliminate the
possibility of incompatible land uses (i.e. office buildings) from being built within existing
residential neighborhoods. The zone change will result in an increase of R -3 (Medium Multiple
Residential) zoned property by approximately ten (10) acres. Upon project approval, the P -O
(Professional Office) zone will be reduced to 2.19 acres of the City, which will be located along
the west side of Rosemead Boulevard between Valley Boulevard and Marshall Street. The
illustrations show the locations of the existing P -O (Professional Office) zoned parcels in the
City, and where zone changes would occur upon the adoption of the Zoning Code Update.
Summary of Change — Rosemead Zoning Code Update 2013 24
AREA 1
Rosemead Boulevard between Valley Boulevard and Marshall Street
Area 1 is currently developed mostly with both multi - family housing and commercial office
buildings. The Zoning Code Update proposes to maintain the current P -O (Professional Office)
zoned parcels is in this area. This will result in only one residentially developed parcel that will
continue to be classified as legal nonconforming.
AREA 1
PROPOSAL
P -0 zoned parcels will maintain current
zone designation
Zone Change (Text Amendment) will no
I longer allow residential uses In the
_. Professional Office Zone.
• RESULTS:
- Residential land use will remain In P -0
x� zone.
Office land use will remain In P -0 zone.
Land Area Statistics
r` 2.19 acres (95,396 sf)
r.7-- 5 parcels
Property Addresses
• 3907 Rosemead Boulevard
• 3925 Rosemead Boulevard
• 3919 Rosemead Boulevard
■ 3733 Rosemead Boulevard
• 3958 Rosemead Boulevard
(APN
(APN
(APN
(APN
(APN
5390 - 012 -900)
5390 - 012 -036)
5390 - 012 -037)
5390- 014 -043)
5390 -013 -033)
Summary of Change — Rosemead Zoning Code Update 2013 25
AREA 2
Residential Area West of Rosemead Boulevard, North of Glendon Way
Area 2 is currently developed with multifamily housing units. For this reason, it is proposed that
all parcels located this area be rezoned from P -O (Professional Office) to R -3 (Medium Multiple
Residential).
• ` AREA 2
P -0 zone west of Rosemead Blvd,
north of Glendon Way
EXISTING LAND USE
r Currently developed with
multifamily housing units.
PROPOSAL
■�• �s
w 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
Property Addresses
• 8926 Marshall Street (APN: 5390 - 017 -059)
8858 Marshall Street (APN:
5390 - 017 -029)
• 8852 Marshall Street (APN:
5390 - 017 -030)
• 8837 Glendon Way (APN: 5390-
017 -053)
• 8843 Glendon Way (APN: 5390 - 017 -054)
• 8902 Marshall Street (APN:
5390 - 017 -055)
• 8908 Marshall Street (APN:
5390 - 017 -056)
• 8914 Marshall Street (APN:
5390 - 017 -057)
8920 Marshall Street (APN: 5390- 017 -058)
• 8926 Marshall Street (APN: 5390 - 017 -059)
• 8927 Glendon Way (APN:
5390 - 017 -074)
8921 Glendon Way (APN:
5390 - 017 -075)
• 8915 Glendon Way (APN:
5390 - 017 -076)
• 8907 Glendon Way (APN:
5390 - 017 -077)
• 8903 Glendon Way (APN:
5390 - 017 -078)
Summary of Change — Rosemead Zoning Code Update 2013 26
AREA 3
Residential Area North of 1 -10 Freeway, East of Rosemead Boulevard
Area 3 is currently developed with multifamily housing units. Therefore, it is also proposed that
all parcels located this area be zoned from P -O (Professional Office) to R -3 (Medium Multiple
Residential).
►REA3
EXISTING LAND USE
Existing P-0 zone on Glendon Way and Ramona
• Currently developed
Blvd, east of the Rosemead Shopping Center
with multifamily
housing units.
PROPOSAL
�%
_-
All parcels located this
area be rezoned to R -3
s
(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
Property Addresses
• No Address (APN: 8594- 027 -052)
• 9211 Ramona Boulevard (APN: 8594 - 027 -050)
• 9219 Ramona Boulevard (APN: 8594- 027 -049)
• 9223 Ramona Boulevard (APN: 8594 - 027 -011)
9233 Ramona Boulevard (APN: 8594 - 027 -012)
• 9243 Ramona Boulevard (APN: 8594 - 027 -067)
• 9253 Ramona Boulevard (APN: 8594- 027 -015)
• 9259 Ramona Boulevard (APN: 8594 - 027 -016)
9303 Ramona Boulevard (APN: 8594 - 027 -017)
• 9307 Ramona Boulevard (APN: 8594- 027 -065)
• 9223 Ramona Boulevard (APN: 8594 - 027 -011)
• 9343 Ramona Boulevard (APN: 8594- 028 -016)
• 9349 Ramona Boulevard (APN: 8594 - 028 -013)
9355 Ramona Boulevard (APN: 8594 - 028 -019)
3511 Rio Hondo Avenue (APN: 8594 - 028 -018)
3515 Rio Hondo Avenue (APN: 8594 - 028 -008)
9228 Glendon Way, Units A—G
(APN: 8594 - 027 -055)
9215 Glendon Way (APN: 8594 - 022 -036)
9223 Glendon Way (APN: 8594 - 022 -037)
Summary of Change — Rosemead Zoning Code Update 2013
27
ATTACHMENT C
Reserved
■Safeguard health, safety, and welfare
■ Protect community interests
■ Ensure reasonable use of private propert
■ Protect property values
■Support local goals and vision
AUK 10
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4
CITY OF ROSEMEAD
ZONING CODE UPDATE
Joint City Council - Planning Commission
Workshop
August 13, 2013
r
COMPREHENSIVE ZONING CODE
UPDATE 2013
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THE GENERAL PLAN AND ZONING CODE
The GENERAL PLAN is a set
of long -term goals and
policies that are used to guide
development decisions.
RMC Title 17
The ZONING CODE is the tool
that is used to implement the
goals and policies of the general
plan.
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The City is proposing
COMPREHENSIVE REVISIONS
to the City's Zoning Code to:
1. Implement the adopted
General Plan policies,
2. Add provisions mandated
by State law, and to
3. Improve administrative
function of the Code
5
How the Process Started
Joint Study Session
Fall 2010
Next Steps...
City Council
appointed a
Sub - Committee
City Council and
Planning
Commission
August 13, 2013
Draft Code was
presented to the
Sub - Committee
utreach
Workshops
July 1W' and 1111
2013
• Planning
Commission
• City Council
151 Reading
• City Council
2nd Reading
forted
back to
Subcommittee
July 22, 2013
M
ZONING CODE UPDATES
TO IMPLEMENT THE ILA
CITY OF ROSEMEAD GENERAL PLAN
IMPLEMENTATION ACTIONS include:
Zoning Text and Map Changes
Creation of the CI -MU (Commercial /Industrial Mixed Use) zone
Changes to promote Neighborhood Compatibility in the R -3
(Medium Multiple Density Residential), P -0 (Professional
Office), and M -1 (Light Manufacturing and Industrial) zones
Expansion of Architectural Design Review Procedures
New Program to Encourage Green Building Practices
beyond State law Requirements
. Mixed Use:Industrial/Commercial
The 2010 General Plan (GP) designates a
land use category called Mixed -Use:
Industrial /Commercial
A zone change is required to change an
area of existing M-1 (Light Manufacturing,
band Industrial) land on the east side of Sa
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.
W
NEW COMMERCIAL /INDUSTRIAL
MIXED USE ZONE
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GENERAL PLAN LAND USE POLICY 1.7
AND ACTION 3.4 CALLS FOR:
Fostering neighborhood revitalization
grouping land uses together so that
benefit from each other.
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R -3 (MEDIUM MULTIPLE DENSITY RESIDENTIAL) AND
P -0 (PROFESSIONAL OFFICE) ZONE CHANGES
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AREA 1
Existing P -0 zoned parcels
on west side of Rosemead
Blvd between Valley Blvd
and Marshal St.
—76 — EXISTING LAND USE
Predominately Office
PROPOSLA
MUMMIM Maintain as P -0 zone.
' Land Area Statistics
2.19 acres
5 parcels
P -0 Professional Office 13
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F7' P -O Professional Office
AREA 2
Existing P -0 zone
west of Rosemead
Blvd, on the north
side of Glendon Way
EXISTING LAND USE
Multifamily Housing
PROPOSAL
Rezone to R -3
(Medium Multiple
Residential).
Land Area Statistics
2.9 acres
14 parcels 14
R -3 (MEDIUM MULTIPLE DENSITY RESIDENTIAL) AND
P -0 (PROFESSIONAL OFFICE) ZONE CHANGES
st -_
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____ -_ - __ -
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a
3;15
M -1 LIGHT MANUFACTURING AND INDUSTRIAL
Li
Industrial Warehouse
next to Restaurant
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 beautiful
commercial and
industrial corridors
-A goal of the city's
current strategic plan
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PROPOSAL
DESIGN REVIEW- COMMERCIAL AND INDUSTRIAL ZONES:
Proposals 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. (Chapter 17.136, Section 17.136.030.A.2)
NEW CHAPTERS TO PROMOTE QUALITY DESIGN RELATING TO:
ACCESSORY STRUCTURES (Chapter 17.32)
FENCING, WALLS, AND LANDSCAPE SCREENING (Chapter 17.68)
OUTDOOR LIGHTING (Chapter 17.88)
0
ZONING CODE UPDATES
TO ADD PROVISIONS
MANDATED BY
CALIFORNIA STATE LAW
New standards to ensure
New
the Zoning Code is Standa
consistent with California
State Law:
■Emergency Shelters and Temporary Aid Centers
■(Article 3 - Chapter 17.30)
• Child Day Care Centers and Facilities
■(Article 3 - Chapter 17.30)
■Reasonable Accommodations
■ (Article 5 - Chapter 17.144)
■Transitional Housing
■ (Article 2 - Chapter 17.12)
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
Permit emergency shelters by right in the M -1
zone with a maximum capacity of 7 beds
(Consistent with GP Housing Element)
Permit Temporary Aid Shelters as an accessory
use to any "Assembly /Meeting Facility" use.
0 - Standaeapter I
7.30
Examples:
• Location
• Maximum Length of Stay
• Lighting
• Noise On -site
Management
• Security
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 children
provides care and supervision for nine to 14
children.
Both must comply with all applicable State
regulations.
Proposal
Permit Small Family Child Day Care Homes in
the R -1, R -2, and R -3 zones by right.
Allow Large Family Day Care Homes upon
approval of an Administrative Use Permit in the
R -2 and R -3 zones.
I1
.30
• Licensing
• Fencing
• Play equipment in rear
yards
• Drop -off, Pick -up plans
■ Noise
■ No exterior evidence
■ Inspection by Building
Official
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.
Prop
■ Articl
■ Formal procedures for
people with disabilities to
request a reasonable
accommodation.
EUCLID
VILLA
TRANSITIONAL HOL
11
State Law Requirements
ING Transitional and supportive housing shall to be
■subject to the same development standards as any
permitted residential use.
Proposal
m00% %Article 2 - Chapter 17.12
■ Zoning Code Update will allow transitional and
supportive housing in the R -1, R -2, and R -3
zones as a permitted use by right.
LL
ZONING CODE UPDATES
FOR
ADMINISTRATIVE
IMPROVEMENT
Continued Financial
Viability
I
Enhance Public Safety
and Quality Life
Beautify Residential
Neighborhoods and
Commercial CorrWors
IMPROVED APPLICATION PROCESSING
Land Use and Development Application
Procedures (Article 5, Chapter 17.120)
Increased Community Development Director
Authority to streamline development review
process
Interpretation Procedures (Article 1 - Chapter
17.04)
Administrative Use Permits (Article 5 Chapter
17.128)
Minor Exceptions (Article 5 - Chapter 17.42)
26
Appeals
Community Development Director and
Planning Commission decisions can be
appealed to Planning Commission by
applicant or grieved person
Requests for Review
Gives any City Council Member of Planning Commission the
ability to review discretionary decisions 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 or appointed
officials.
UPDATES TO ADDRESS CURRENT
PLANNING ISSUES
NEW
Modern Definitions (Article 1)
Supplemental Standards for Specific Uses
(Article 3)
Nonconforming Uses, Structures, Lots,
and Parking Facilities (Article 4)
Off- Street Parking and Loading (Article 4)
W
SPECIFIC CHAPTERS FOR SPECIFIC USES AND
DEVELOPMENT REQUESTS
• Accessory Structures
• Outdoor Sales and Garage Sales NEW
• Density Bonus
• Development Agreements
• Specific Plans
• Temporary Use Permit and Special Events
29
Improvements to Residential Design Standards for Creative
Design Flexibility and Neighborhood Improvement
FMOTIMORUAM
■ Existing residential
development proposed to
remain on a lot, where
new residential
development is proposed,
shall be renovated.
■ Due to urban design
challenges, the update
proposes to prohibit Flag
Lot Subdivisions.
30
URBAN DESIGN CHALLENGES
Privacy Issues due to:
■ Lot Configuration
• Dwelling Unit Placement
Narrow Setbacks
n Visual Impacts to Neighborhood
Character due to:
Requirement for Large Driveway
Widths
EEJi
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Svee
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SURVEY OF SURROUNDING CITIES
■The following Cities prohibit Flag Lot Subdivisions:
Alhambra
• El Monte
• San Gabriel
• Monterey Park
■The following Cities allow Flag Lot Subdivisions
Temple City
COMMERCIAL DISTRICT UPDATES
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11 i m IiNI •d � . � a t�� � y�.��.
nan,•,.
Liz
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.
34
Commercial Land Use Changes
■ Small Tutoring Facilities for not more
than 5 students will be permitted in the
P -0, C -1, 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.
35
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
VARIABLE MEANT REAR TARO BULBING ENVELOPE
HEIGHT UNIT
R1 d R2 RESDENTIAL
The Planning Commission 800 HEIGHTTA6LE
may allow the numerical MEASURED FROM 25' SETBACK
height requirement by 5 HORIZONTAL HEIGHT
feet for unique architectural EXAM
elements that would mR �611t
enhance the project overall. 30R U-26R
Summary of Proposed Provisions
Business
• Maintains Standards related to Termination of Use Friendly
• Protects Existing Conditional Use Permits and Variances
• Allows "limited beautifying improvements" to Legal
Nonconforming Structures
■ Provides new provisions for structures that are nonconforming
due to lack of parking
Provides exceptions for Single - Family Residential Land Uses in
Non - Residential zones
■ Provides maintenance and replacement standards for exisoting
chain -link fences in Residential Zones
■ Termination Clause for Public Nuisance
Public Safety
Protection
37
Summary of Chapter 17.72
Section 17.72.090 Exceptions
All existing legal nonconforming chain -link
fences in the R -1, R -2, and R -3 zones shall be
permitted to continue as such until removed,
extended or altered beyond the limited
exceptions outlined in Section 17.72.090.
• Does not impact on additions and remodels.
• Provides maintenance or replacement
provisions.
• Contains provisions for reconstruction of
damaged nonconforming chain -link fences
destroyed by an involuntary catastrophic event.
RE
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 can approve proposals for shared, joint use, or off -site parking
arrangements.
WE
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,
WHEEL - STOP °f
p
(TYP.)
r-s•
�
Q
a
12-
T DOUBLE STRIPE °0
WITH 6 CLEARANCE
BETWEEN STRIPES
O
U
I_ 16' J
40
Parking Ratios for More Land Uses
Parking Ratios outlined by Land Use Type
Example: Residential Uses, Retail Trade Uses, Visitor
Accommodations, Business, Financial, Professional, etc.
Flexible Ratios are proposed to cover small scale and
large scale uses
Example:
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
91
Article 6 outlines Authority and Responsibility for
Code Administration
Heal f►,y city
qy)
Article 6 includes Provisions for:
Public Hearings and Administrative
Review Procedures;
Appeals and Requests for Review;
Enforcement; and
Revocations and Modifications of Permits
The GOAL is to ensure Public Safety and
promote "Safe and Healthy Places" for
present and future generations in the City of
Rosemead.
42
DISCUSSION AND
COMMENTS
We
Welcome
your
Feedback
43