PC - Item 3A - Exhibit H - List of Zoning Code Amendments to Title 17
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Title 17 - ZONING[1]
Chapters:
Footnotes:
--- (1) ---
Editor's note— Section 5, of Ord. No. 931, adopted Oct. 22, 2013, repealed Title 17 in its entirety.
Exhibit A of said ordinance enacted new provisions to read as herein setout. Former Title 17 pertained to
the same subject matter, consisted of Chapters 17.04, 17.08, 17.12, 17.16, 17.20, 17.24, 17.28, 17.30,
17.32, 17.36, 17.40, 17.44, 17.46, 17.48, 17.52, 17.56, 17.60, 17.64, 17.68, 17.72, 17.76, 17.80, 17.82,
17.84, 17.88, 17.92, 17.96, 17.98, 17.100, 17.104, 17.106, 17.108, 17.112, 17.116, 17.120, 17.124. See
Prior Code Cross-Reference Table; the Ordinance List; and the Code Comparative Table and Disposition
List for legislative history.
Article 1. - PURPOSE AND APPLICABILITY OF ZONING CODE
Chapter 17.04 - GENERAL PROVISIONS
Sections:
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.04.020 - Authority, relationship to general plan, and adopted specific plans.
A. Authority. This Title is adopted pursuant to Article XI, of the Constitution of the State and in compliance
with the requirements of Government Code Title 7, Planning and Zoning Law.
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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 or development approved in
compliance with this Title will also be consistent with the General Plan.
C. Specific Plan Consistency. The development standards and guidelines contained in an adopted
Specific Plan provide for land development and use within the Specific Plan area. The Specific Plan
supersedes the otherwise applicable City of Rosemead development standards and regulations unless
stated otherwise in the Specific Plan document. Whenever the provisions and development standards
contained in this Title conflict with those contained in the Specific Plan, the provisions of the Specific Plan shall take precedence. Where the Specific Plan is silent, the City of Rosemead Municipal Code
shall apply.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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, and as permitted by the Garvey Avenue Specific
Plan subject to the Specific Plan’s provisions. .
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 B.1. 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.
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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 writing
and shall quote the provision(s) being interpreted, and explain their meaning or applicability
in the particular or general 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 17.21 (Garvey Avenue Specific Plan), 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.
1. Residential Density, Minimum Lot Area, and Number of Lots. The fractional/decimal results of calculations of the number of dwelling units allowed on a parcel based on 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
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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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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. Application of definitions within the Garvey Avenue Specific Plan shall be consistent
with the Specific Plan goals, objectives, and the purpose and character of each land use district.
For the purpose of carrying out the intent of this Title, certain terms, words, and phrases are defined
and shall be deemed to have the meaning ascribed to them as follows:
"Accessory Structure."
"Nonresidential Accessory Structure" means an attached or detached structure that is a part of, and clearly incidental and secondary to, a nonresidential structure and that does not change the character
of the nonresidential structure. Illustrative examples of these structures include:
• Decks.
• Fences.
• Garages.
• Gazebos.
• Kiosks and carts for selling beverages, food, clothing, phones, toys, etc.
• Outdoor fireplaces.
• Outdoor kitchens.
• Outdoor play equipment.
• Patios.
• Platforms.
• Porches.
• Refuse collection structures/trash enclosures.
• Spas and hot tubs.
• Storage or work sheds.
• Swimming pools.
• Tennis and other on-site sport courts.
• Terraces.
• Walls.
• Workshops.
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"Residential Accessory Structure" means an attached or detached structure that is a part of, and clearly
incidental and secondary to, a residence and that does not change the character of the residential
structure. Does not include second dwelling units. Illustrative examples of these structures include:
• Decks.
• Fences.
• Garages.
• Gazebos.
• Greenhouses (noncommercial).
• Outdoor play equipment.
• Patios.
• Platforms.
• Porches.
• Spas and hot tubs.
• Storage or work sheds.
• Swimming pools.
• Tennis and other on-site sport courts.
• Terraces.
• Walls.
• Workshops.
"Accessory Use" means an activity on a property that is incidental and subordinate to the main use of
the site.
"Acupuncture" means a form of medical treatment involving the use of pressure, needles, or similar
applications.
"Adult Business" means any business establishment or concern that, as a regular and substantial
course of conduct, performs or operates as an adult arcade, adult cabaret, adult model studio, adult store or adult theater, or any combination thereof. It also means any business establishment or concern that, as
a regular and substantial course of conduct, sells or distributes sexually oriented merchandise or sexually
oriented material; or any other business establishment or concern that, as a regular and substantial course
of conduct, offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical
areas. Adult business does not include those uses or activities, the regulation of which is preempted by
state law. (See Chapter 17.30, Section 17.30.030 (Standards for Specific Land Uses) and Chapter 5.08,
pertaining to the licensing and regulation of Adult Businesses.)
"Alcohol Beverage Sales:"
"Alcohol Sales, Off-Sale" means any establishment in which alcoholic beverages are sold, served, or
given away for consumption off the premises. References to the establishment shall include any
immediately adjacent area that is owned, leased, rented, or controlled by the licensee.
"Alcohol Sales, On-Sale" means any establishment in which alcoholic beverages are sold, served, or
given away for consumption on the premises and where the 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.)
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"Alley" means a public way, other than a street, permanently reserved as a secondary means of
vehicular access to abutting property.
"Ambulance Fleet Services" means a base facility where ambulances and similar vehicles are parked
and from which they are dispatched, and/or where ambulance vehicles and crews are not based at a
hospital or fire department stand by for emergency calls.
"Animal Hospital/Clinic:" See "Veterinary Services".
"Animal Sales and Services:"
"Animal Boarding/Kennels" means the commercial provision of shelter and care for dogs, cats, other
household animals, and horses (where allowed), including activities associated with such shelter and care (i.e., feeding, exercising, grooming, and incidental medical care).
"Animal Grooming" means the commercial provision of bathing and trimming services for dogs, cats, and other household animals permitted by this Development Code. Overnight boarding is not allowed.
"Animal Retail Sales" means the retail sales of household animals within an entirely enclosed building. This use includes grooming, if incidental to the retail use, but specifically excludes boarding of animals
other than those for sale.
"Antique" means any article which because of age, rarity, or historical significance has a monetary
value greater than the original value, or which has an age recognized by the United States Government as
entitling the article to an import duty less than that prescribed for contemporary merchandise.
"Apartment" means a room or a suite of two or more rooms in a multiple dwelling, occupied or suitable
for occupancy as a residence for one family.
"Apartment House" means a building containing three or more apartments each of which is designed
for occupancy or occupied by a person or family living independently of the other apartments or units in the
building.
"Apartment Studio" means a small apartment usually consisting of one main living space, a small
kitchen, and a bathroom.
"Arcade" means an establishment that provides four or more amusement devices, whether or not the
devices constitute the primary use or an accessory or incidental use of the premises. Amusement devices
means electronic or mechanical equipment, game, or machine that is played or used for amusement, which
when so played or used involves skill and which is activated by coin, key, or token, or for which the player
or user pays money for the privilege of playing or using. See also "Internet/Cyber Café".
"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").
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"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).
"Automobile Car Wash" means establishments engaged in the washing, waxing, or cleaning of
automobiles or similar light vehicles.
"Full Service" means a car wash establishment where operating functions are performed entirely by
an operator/owner with the use of washing, waxing, and drying equipment.
"Self-Service or Accessory" means an establishment where washing, drying, polishing, or vacuuming
of an automobile is done by the car driver or occupant.
"Automobile Lube and Tune Facility" means an establishment that provides minor maintenance
services for automobile engines and brake systems. Such businesses are characterized by short service
visits. Overnight outdoor parking or storage of automobiles being serviced is prohibited.
"Automobile Parts and Accessory Store" means a retail place of business selling or furnishing
automobile supplies and parts. No repair work of any kind may be conducted in conjunction with such use.
"Automobile Rental or Leasing" means a place of business used for the storage and display of
complete and operative automobiles for the purpose of renting or leasing said vehicles on a short or long
term basis.
"Automobile Repair Garage" means a business conducted within a fully enclosed building which
services and repairs motor vehicles, but exclusive of all body and fender repair or painting, steam cleaning, mechanical and non-mechanical car washing, recapping of tires, engine or transmission overhauling or
replacement and other major repairs.
"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
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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).
"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
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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, physical therapist who is duly licensed to practice his or her respective
profession in the state of California and who performs activities encompassed by such professional license.
"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 cafés (see "Internet/Cyber Café")
"Community Development Director" means the Director of the city of Rosemead Community
Development Department or his or her designee.
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"Conditional Use Permit" means a discretionary permit required for certain uses specified in this Code
to provide for the thorough review of such proposed uses and their associated structures and other
improvements, with the intent of ensuring that if approved, such use can be operated in a manner
compatible with surrounding uses. See Article 5, Chapter 17.132 (Conditional Use Permits).
"Convalescent Facility:" See "Residential Care Facility".
"Convenience Store" means easy access retail stores selling a combination of alcohol, gasoline, or a
range of merchandise to provide a variety of items primarily for the motoring public.
"Corner Cutoff Area" means a portion of a corner lot or parcel of land which is maintained in a manner
to provide adequate and safe visibility for vehicular and pedestrian traffic wherever streets and alleys
converge.
"Cottage Food Operation" means an enterprise within the registered or permitted area of a dwelling
unit where the cottage food operator, as defined by California Health and Safety Code 113758, resides and
where cottage food products pursuant to California Health and Safety Code 113758 are prepared or
packaged for direct, indirect, or direct and indirect sale to consumers.
"Cultural Institution" means any facility such as a museum or library that displays or preserves objects
of community or cultural interest relating to one or more of the arts or sciences. This use includes libraries,
museums, and art galleries.
"Day Care, General" are establishments that provide nonmedical care for fifteen (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 fourteen (14) or fewer
persons on a less than 24-hour basis.
Child Day Care:
"Child Care Home, Small Family (eight 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 ten (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 (nine to fourteen (14) children)" means day care facilities located in
single-family dwellings where an occupant of the dwelling provides care and supervision for nine 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 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
fifteen (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.
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"Donation Box" means a bin, storage shed, or similar facility measuring no more than eight feet wide
by eight feet long and eight feet high, and established as an accessory use to a primary use for the purpose
of providing a collection location for donated clothes, shoes, and small household items. Such facilities
generally are established by a charitable or non-profit organization.
"Drive-Through or Drive-Up Facilities" means an establishment that sells products or provides services
to occupants in vehicles, including drive-in or drive-up windows and drive-through services. Examples
include fast food restaurants, banks, and pharmacies.
"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.
"Multifamily Dwelling Unit" means a structure or portion thereof containing three or more dwelling units
designed for the independent occupancy of three or more households.
"Primary Dwelling Unit" means an existing single-unit residential structure on a single lot with
provisions for living, sleeping, eating, a single kitchen for cooking, and sanitation facilities, and occupied by one household.
"Single-Family Dwelling Unit" means a detached structure containing no more than one dwelling unit which, regardless of form of ownership, is designed and/or used to house not more than one
household, including all domestic employees for such household.
"Second Dwelling Unit" means an attached or detached dwelling unit which provides complete,
independent living facilities for one or more persons, including permanent provisions for living,
sleeping, eating, cooking, and sanitation on the same parcel as an existing qualified primary dwelling
unit is situated.
"Two-Family Dwelling (Duplex) Unit" means a building containing two complete dwelling units
designed for the independent occupancy of two households.
See also "Manufactured Housing" and "Mobile Housing Unit".
"Easement" means a recorded right or interest in the land of another, which entitles the holder thereof
to some use, privilege or benefit out of or over the real property without possessing it. An access easement
is a right granted by a landowner to certain other property owners, or the general public, to travel across
the landowner's property for access.
"Eating and Drinking Establishments:"
"Accessory Food Service" means an establishment that sells food and/or beverages as an accessory
use in a retail, office, or institutional structure and that does not change the character of the primary
use.
"Bar, Lounges, Nightclubs, Taverns (includes independent or accessory establishments)" means any
establishment that sells or serves alcoholic beverages for consumption on the premises and is holding or applying for a public premise license from ABC and in which persons under twenty-one (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.
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"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 two hundred fifty (250) square feet of seating area) may be
provided for limited on-site consumption of food or beverages. Typical uses include bakeries, coffee
stores, ice cream and frozen dessert stores, delivery-only pizza establishments, small delicatessens,
and similar establishments.
"Eave" means the part of a roof that overhangs an exterior wall.
"Educational Institute" means any public, private, or parochial elementary, junior high, high school,
university, or other school giving general academic instruction in the several branches of academic learning,
which has five 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 months in a 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 days in any 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".
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"Façade" means one side of the exterior of a building, generally the front, but also may include the
sides and rear. In architecture, the façade of a building is often the most important from a design standpoint,
as it sets the tone for the rest of the building.
"Family" means any group of individuals living together as the functional equivalent of a family where
the residents may share living expenses, chores, eat meals together and are a close group with social,
economic, and psychological commitments to each other. A family includes, for example, the residents of
residential care facilities and group homes for people with disabilities. A family does not include larger
institutional group living situations such as dormitories, fraternities, sororities, monasteries, or nunneries.
"Farmers' Market" means an outdoor market certified for direct retail sales by farms to the public by
the State or County Agricultural Commission under California Code of Regulations Title 3, Chapter 3, Article
6.5. Farmers' Markets can also include limited sales of crafts and goods.
"Financial Service or Institution" means a company specializing in consumer loans and lines of credit
and other financial services such as a bank, savings and loan, credit union, mortgage office, or automated
teller machine (ATM). This does not include check cashing, 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 floor area on a lot divided by the gross area of the lot. Such calculation shall include only those structures intended for permanent habitation. For
all subdivisions and unimproved vacant lots FAR calculations shall use the net area of the proposed lot.
"Fortunetelling" means a business that professes to foretell future events. No such business shall be
conducted in a structure utilized for residential purposes. No such business qualifies as a home occupation.
"Frontage" is the face of a building or length of a lot that is parallel to, or is at a near parallel angle to
a public street or public parking area.
"Funeral Homes and Mortuaries" means establishments engaged in the provision of services involving
the care, preparation, or disposition of human remains other than in cemeteries. May or may not include
crematories and/or mortuaries. No internment is provided on site. May include areas for assembly services
and living quarters for funeral home/mortuary manager.
"Garage" means an accessory structure or portion of the main building permanently roofed and
enclosed on all sides, which is designed or used for the shelter of motor vehicles.
"General Plan" means the General Plan for the development of the City adopted by the City Council.
"Glare" means the shining of bright or intense light on a property.
"Government Facilities" means a building or structure owned, operated, or occupied by a governmental
agency to provide a governmental service to the public.
"Grade, Existing" means the surface of the ground or pavement at a stated location as it exists before disturbance in preparation for a project regulated by this Zoning Code.
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"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 two thousand (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 two thousand (2,000) square feet in size and may include any of the
following: sauna, spa or hot tub facilities; weight rooms; indoor tennis, handball, or racquetball courts;
aerobic classes and other indoor sports activities; locker rooms and showers.
"Hedge" means a line of closely spaced shrubs and tree species, planted and trained in such a way
as to form a barrier or to mark the boundary of an area.
"Heliport" means an area used for the landing, parking, or takeoff of helicopters including operations
facilities (i.e. fueling, loading and unloading, maintenance, storage, terminal facilities, etc.).
"Helistop" means a single pad used for the landing, parking, or takeoff of one helicopter and other
facilities as may be required by Federal and State regulations, but not including operations facilities (i.e.
fueling, loading and unloading, maintenance, storage, terminal facilities, etc.).
"Homeowners' Association" means an organization of homeowners whose major purpose is to
maintain and provide community facilities and services for the common benefit of the residents.
"Home Occupation" means a business, occupation, or activity conducted as an accessory use within
a dwelling unit incidental to the residential use of the property and in which there is no display, no stock or trade commodity sold on the premises, and which the appearance gives no indication of any use other than
residential.
"Horticulture" means the study and practice of cultivating plants, such as growing fruit, flowers,
ornamental plants, and vegetables in small gardens. Horticulture usually refers to gardening on a smaller
scale, while agriculture refers to the large-scale cultivation of crops.
"Horticulture, Commercial" means the cultivation of agricultural products for retail or wholesale sales.
Includes plant nurseries.
"Horticulture, Private" means the cultivation (but not sale) of agricultural products for use or
consumption only by the property owner or tenant.
"Hospital" means a facility providing medical, surgical, psychiatric, or emergency medical services to
sick or injured persons, primarily on an inpatient basis. This use includes incidental facilities for outpatient
treatment, as well as training, research, and administrative services for patients and employees. This excludes sanitariums and residential care facilities.
"Hotel" means a building or a portion of a building containing guest rooms intended or designed to be used or which are used, rented, or hired out to be occupied or which are occupied for temporary or overnight
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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 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 Café 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 café, cyber café, 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. 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.
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"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 subdivision is prohibited in the city of Rosemead.
"Lot, Interior" means a lot other than a corner lot. (See Figure 17.04.050.3)
"Lot, Reversed Corner" means a corner lot the side street line of which is substantially a continuation
of the front lot line on the first lot to its rear. (See Figure 17.04.050.3)
"Lot, Through" means a lot having frontage on two parallel or approximately parallel streets. (See
Figure 17.04.050.3)
Lot Area" means the total area within the boundary lines of a lot or parcel; provided, however, that the
following shall be excluded from the computation thereof:
1. Any portion of the lot or parcel which serves as an access easement to any other lot or building
site; or
2. Any portion of the lot or parcel which serves as an improved surface flood control project under
the jurisdiction of any public agency.
For the purpose of determining area in the case of an irregular, triangular, or gore-shaped lot, a line
ten (10) 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)
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"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 ten (10) feet, parallel to and most distant from the front lot line, which shall be interpreted as the rear lot line for the purpose of determining required yards,
setbacks, and other provisions of this Land Use Code. (See Figure 17.04.050.3)
"Lot Line, Side" means any lot boundary line that is not a front lot line or a rear lot line. On a corner lot,
the street right-of-way line with the greatest amount of street frontage shall be the side lot line, unless
otherwise specified by deed restriction. (See Figure 17.04.050.3)
"Lot Width" means the minimum horizontal distance between the side lot lines measured at the front
setback line. (See Figure 17.04.050.3)
"Lot Width, Average" shall be the average of the front and rear lot lines. In computing lot 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
"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
Field Code Changed
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connections. The definition does not include a mobile home, mobile accessory structure, or an automobile
trailer or recreational vehicle.
"Massage" or "Massage Therapy" means any method of treating the external parts of the body for
remedial, hygienic, relaxation or any other similar purpose, whether by means of pressure on, friction
against or stroking, kneading, tapping, pounding, vibrating, rubbing or other manner of touching external
parts of the body with the hands, or with the aid of any mechanical or electrical apparatus or appliance with
or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, ointment or
other similar preparations commonly used in this practice and shall include herbal body wraps. For the
purposes of this chapter, "massage" or "massage therapy" includes the techniques of acupressure and
reflexology.
"Massage Business or Establishment" means any business or establishment, including a sole
proprietor or independent contractor, conducted within the City where any person engages in, conducts, carries on or permits to be engaged in, conducted or carried on, for money or any other consideration, the
administration to another person of a massage, and also includes all businesses or establishments where
massage therapy is provided as an ancillary service such as clubs, gyms, day spas and professional offices
where such massage therapy is not otherwise exempt under this chapter.
"Medical Clinic" means any building or portion thereof used to provide medical, surgical or psychiatric
care to persons and which as a principal function provides such care on an outpatient basis.
"Mezzanine" means an intermediate floor between the main floors of a building, and therefore may not
be counted among the overall floors of a building. Often a mezzanine has a low-ceiling and projects outward in the form of a loft or balcony.
"Medical Use" means any use involving the care of persons' general health by licensed practitioners. This includes hospitals, urgent care clinics, out-patient facilities, doctor and dental offices, chiropractic and
podiatric facilities, and similar practices of the medical field and directly related laboratory services.
"Ministerial" means a government decision involving little or no personal judgment by the public official
as to the wisdom or manner of carrying out the action, including the issuance of a permit.
"Mixed-Use Development (Mixed-Use Project)" is an approach to land use development that involves
integrating two or more different but highly compatible types of uses on the same property as part of a
unified development. Generally, a Mixed-Use Development consists of commercial and residential uses
integrated either vertically in the same structure or group of structures, or horizontally on the same development site where parking, open spaces, and other development features are shared. However, light
industrial and commercial development may also be considered as Mixed-Use. In a Mixed-Use
Development, both uses are considered primary uses of the land.
"Mobile Housing Unit (Mobile Home)" means a trailer, transportable in one or more sections; that is
certified under the National Manufactured Housing Construction and Safety Standards Act of 1974; that is
over eight feet in width and forty (40) feet in length, with or without a permanent foundation and not including
recreational vehicle, commercial coach or factory-built housing. A mobile home on a permanent foundation
is included under the definition of "Single-unit dwelling."
"Mobile Home Park" means a type of residential development, established either as a legal subdivision
of land with individual mobile home pads and common areas or as a development where pads are leased
or rented, for the purpose of accommodating mobile home units on individual pads as part of a coordinated
development. A mobile home park may include common areas and facilities for the use of all park residents.
"Modular Home:" See "Manufactured Housing Unit".
"Motel" means one or more buildings containing guest rooms without kitchen facilities, some 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".
"Multifamily Dwelling:" See "Dwelling, Multifamily".
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"Museum:" See "Cultural Institution".
"Nonconforming Building or Structure" means a building or structure or portion thereof which was
lawful when constructed but does not conform to Zoning Ordinance requirements subsequently established.
"Nonconforming Use" means the use of land/or building or structure, which was lawful when
established including compliance with property development requirements but which does not conform to Zoning Code use and property development requirements subsequently established.
"Nursery:" See "Horticulture".
"Nursery School:" See "Child Day Care Facility".
"Office:"
"Accessory:" See "Accessory Use".
"Administrative Business Professional, Corporate" means an establishment providing direct, "over-the-
counter" services to consumers (such as, insurance agencies, real estate offices, travel agencies,
utility company offices, etc.) and office-type facilities occupied by businesses providing professional
services and/or engaged in the production of intellectual property.
"Government" means an administrative, clerical, or public contact office of a government agency,
including postal facilities, together with the incidental storage and maintenance of vehicles.
"Medical and Dental" means an office or health facility providing health services including, without
limitation; preventative and rehabilitation treatment, diagnostic services, testing and analysis. This use
includes offices providing medical, dental, surgical, rehabilitation, podiatric, optometric, chiropractic
and psychiatric services, and medical or dental laboratories incidental to these offices, but exclude
inpatient services and overnight accommodation.
"Open Space:"
"Open Space, Common" means the total land area within a residential development that is not
individually owned nor dedicated for public use, and that is designed, intended, and reserved exclusively for the shared use of all the residents of the development and their guests. Examples
include barbecue and picnicking areas, play areas, swimming pools, 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.
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"Outpatient Surgery Facility" means a medical facility where surgery is performed that does not require
an overnight hospital stay. Patients may go home after being released following surgery and time spent in
the recovery room. (Also referred to as ambulatory surgery facility.)
"Overhang" means a protruding structure which may provide protection for lower levels.
"Pad, Building" means the land area needed to support the building, landscaping and utilities of a structure.
"Parapet" means a wall-like barrier at the edge of a roof, terrace, balcony, or other structure. Where extending above a roof, it may simply be the portion of an exterior wall that continues above the line of the
roof surface, or it may be a continuation of a vertical feature beneath the roof such as a fire wall or party
wall.
"Parking, Joint Use" means the use of a single parking facility by several related uses occupying the
same or adjacent parcels. For example, the use of a single parking facility by tenants of a shopping center.
"Parking, Shared" means the use of a single parking facility by two distinctly different uses with
distinctly different hours of operation such that the shared use of the facility can be accomplished without
limiting the ability of one use to occupy the facility to the detriment of the other. For example; distinctly
different uses could be a place of religious assembly which generally has weekend parking demands and
an office development, which typically uses the parking facility during the week.
"Parking Space" means an unobstructed space or area other than a street or alley that is 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" [means] 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)
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• Clothing rental shops
• Day spas
• Dry cleaning pick up stores with limited on-site cleaning equipment
• Laundromats (self-service laundries)
• Locksmiths
• Nail salon
• Shoe repair shops
• Tailors and seamstresses
"Personal Services, Restricted" [means] 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 cafés
• 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-Cochere" means a canopy attached to a residence, which is open on all sides, except where
attached to a residence and which extends over a driveway used for the loading and unloading of vehicles,
but which cannot be used to satisfy the off-street parking requirements of this Title.
"Principal Use:" See "Use".
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"Postal Services" means establishments that provide commercial retail postal services directly to the
customer, including letter and parcel mailing, post office box rental, and related services.
"Printing and Duplicating Services" means an establishment providing printing, blueprinting,
photocopying, engraving, binding, and related services.
"Public Assembly, Place(s) of" see "Assembly/Meeting Facilities, Public or Private".
"Public Facility" means a site or structure owned and operated by the city of Rosemead, or other public
agency, for the purpose of providing one or more services to residents of the City, and/or to support other City functions.
"Queuing Space" means a temporary waiting area for motor vehicles or persons obtaining a service or other activity.
"Radio/TV Broadcast Studios/Recording Studios, Film TV Studios" Commercial and public communications facilities including radio and television broadcasting and receiving stations and studios,
with facilities contained entirely within structures. Does not include transmission and receiving apparatuses
including antennas and towers.
"Reasonable Accommodation Request" means a request that may include a modification or exception
to the rules, standards, and practices for the site, development, and use of housing-related facilities that
would eliminate regulatory barriers and would provide a person with a disability an equal opportunity to
housing of their choice.
"Recharging Station" means a place that supplies electricity for the recharging of electric vehicles (including plug-in hybrids).
"Recreational Vehicle (RV)" means motorhome, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, with a living
area less than four hundred (400) square feet, excluding built-in equipment such as wardrobes, closets,
cabinets, kitchen units or fixtures, bath and toilet rooms.
"Recycling Facility" means a land use type that includes a variety of facilities involved with the
collection of recyclable materials. A "certified" recycling or processing facility is certified by the California
Department of Conservation as meeting the requirements of the California Beverage Container Recycling
and Litter Reduction Act of 1986 (Public Resources Code, Division 12.1). Recyclable material includes
reusable domestic containers and other material that can be reconstituted, remanufactured, or reused in
an altered form including glass, metals, paper, and plastic. Recyclable material does not include refuse or
hazardous materials. This land use does not include storage containers located on a residentially,
commercially, or industrially designated site that is used solely for the recycling of material generated on
the site.
"Collection Facility (Small)" means a facility that occupies an area of three hundred fifty (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
fifty (50) square feet. A bulk reverse vending machine is a reverse vending machine that is larger
than fifty (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 three hundred fifty
(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
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machines may accept aluminum cans, glass and plastic bottles, and other containers. The vending
machines typically occupy an area of less than fifty (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 24-
hour non-medical care of persons in need of personal services, supervision, or assistance essential for
sustaining the activities of daily living or for the protection of the individual. In the event the provisions of
state law are updated, this section shall be interpreted and applied in conformity with State law.
"Residential Use" means the occupation of a structure that provides permanent housing for one or
more households.
"Restaurant:" See "Eating and Drinking Establishments".
"Retail Store" means an establishment which offers goods (such as books, gifts and clothing) to the
general public. This does not include swap meet, pawn shop, or thrift sales.
"School, Public and Private:" See "Education Institute".
"School, Business or Trade" means a public or private school offering instruction in the technical,
commercial, and/or trade skills such as real estate, business and secretarial, electronics, automotive and
air craft, medical and dental, and similar commercial establishments.
"Screened" means the use of a wall or growth or stand of trees, shrubs, or plants to shelter, protect,
or hide an area from view.
"Second Dwelling Unit:" See "Dwelling Unit".
"Secondary Use:" See "Use".
"Secondhand Store" means a retail establishment where the majority of the merchandise for sale is
secondhand or used. This includes thrift stores but does not include pawn shops or antique/collectibles
shops.
"Sensitive Use:" See "Use".
"Setback" means the distance from which a structure, parking area, or other development feature must
be separated from a prescribed lot line, easement, or other structure or development feature (see Figure
17.04.050.4).
"Front Yard Setback" means the minimum distance required between a structure and the front property
line (see Figure 17.04.050.4).
"Primary Building Line" means that portion of the front yard area defined by the space between the
front property line and the entire building frontage of the primary structure, whether or not all façade
portions of the primary structure coincide with the front setback line (see Figure 17.04.050.4).
"Side Yard Setback" means the minimum distance required between a structure and a side property
line (see Figure 17.04.050.4).
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"Rear Yard Setback" means the minimum distance required between a structure and the rear property
line (see Figure 17.04.050.4).
"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
thirty (30) percent or more of the units do not have a private bath and toilet within the unit. SRO units are
multifamily 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
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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.
"Specialty Retail (C-4 zone)" means a retail store concentrating on selling one merchandise line of
goods for a particular and usually selective clientele. Examples are stores selling DVDs, bagels, leather
goods, and imported dishware. Specialty retailers have a narrow but deep selection in their specialty of
items for sale.
"Specific Plan" means, under Article 8 of the Government Code (Section 65450 et seq.), a legal tool
for a detailed design and implementation of a defined portion of the area covered by a General Plan. A
specific plan may include all detailed regulations, conditions, programs, and/or proposed legislation which
may be necessary or convenient for the systematic implementation of any General Plan element(s).
"Storage:"
"Storage - Accessory" means the indoor storage of materials accessory and incidental to the primary
use is not considered a land use separate from the primary use.
"Storage - Outdoor" means the storage of various materials outside of a structure other than fencing,
either as an accessory or primary use.
"Storage - Personal Storage Facility" see "Personal Storage".
"Story" means that portion of a building included between the surface of any floor and the surface of
the floor above it, or if there is no floor above it then the space between such floor and the ceiling above it.
"Street" means a public thoroughfare which affords the principal means of access to abutting property.
"Structurally Altered" means to have had an alteration of any structural element, floor, frame, wall, roof,
or any other stress bearing portion of a building and excludes alterations to, or additions of, interior
nonbearing partitions and interior remodeling which does not affect the structural system.
"Structure" means anything constructed or erected, which requires a fixed location on the ground, or
is attached to something having a fixed location on the ground but not including fences or walls used as
fences, less than six feet in height. (See Figure 17.04.050.5 - Structure Types)
"Accessory Structure:" See "Accessory Structure".
"Attached Structure" means any structure that has a wall or roof in common with another structure.
"Primary Structure" means a structure that is conducted as the primary or predominant use of the lot and/or building site.
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"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 multifamily dwelling units will be permitted, conditionally permitted, or prohibited in the same
manner as other single-family, two-family, or multifamily dwelling units under this Code.
"Swimming Pool" means an artificial body of water containing or normally capable of containing water
to a depth of eighteen (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.
"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 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 students at any
given time.
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"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 students
at any given time.
"Urgent Care Facility" means a public or private hospital-based or free-standing facility, which includes
x-ray and laboratory equipment and a life support system, licensed or legally operating as an urgent care
facility, primarily providing minor emergency and episodic medical care with one or more physicians,
nurses, and x-ray technicians in attendance at all times when the facility is open.
"Use" means the purpose for which land or a building is designed, arranged, or intended, or for which
either is or may be occupied or maintained.
"Accessory Use:" See "Accessory Use".
"Allowed Use, Permitted Use" means a use of land identified by Article 2 (Zoning Districts, Allowable Land Uses, and Zone Specific Standards) as allowed or conditionally allowed that may be established
with a permit or license, subject to compliance with all applicable provisions of Article 2.
"Compatible Use" means a use that by its manner of operation is suitable in the district in which it may
generally be considered as a primary use or is reasonable given its proximity to residential or other
known sensitive uses. Said use of land and/or buildings shall be in harmony with the uses on the
property as well as abutting properties.
"Conditional Use" means a use permitted on a particular lot and within a zone only upon a finding that
such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in the Zoning Code, and requires authorization by either the
Planning Commission or City Council, and the granting of a valid permit.
"Conforming Use" means a lawfully established use of property that operates in compliance with all
applicable provisions of this 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."
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"Vending Machine" [means] any unattended self-service device that, upon insertion of a coin, coins,
or token, dispenses anything of value including food, water, beverages, goods, wares, merchandise or
services. This does not include newspaper racks, automatic teller machines (ATMs), or public telephones.
"Veterinary Services (Animal Hospital/Clinic)" means an establishment where household animals
receive medical and surgical treatment and may be temporarily boarded (more than one night stay) in
association with such medical or surgical treatment. Short-term animal boarding may be provided as an
accessory use.
"Wall" means a physical barrier constructed largely of masonry, brick, concrete, stucco, concrete block,
or any combination thereof and intended to mark a boundary.
"Warehouse Retail Store" means a store that emphasizes the packaging and sale of products in large
quantities or volumes, some at discounted prices. Sites and buildings are usually large in character. Patrons
may be required to pay membership fees.
"Warehousing" means the storage of material goods including the performance of administrative and
physical functions associated with storage of goods and materials. These functions include receipt,
identification, inspection, verification, putting away, storage, retrieval for issue, etc.
"Wholesaling" means the sale of commercial goods at or near production cost.
"Wireless Communications Facilities (WCF):" See Article 3, Chapter 17.54.
"Yard" means an open space on a lot, other than a court, unoccupied or unobstructed from the ground
upward.
"Yard Area" means the horizontal area between a property line and a parallel line along 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
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 Garvey Avenue Specific
Plan establishes its own land use zoning districts described in Chapter 17.21 of this Title. 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
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Residential Zoning Districts
R-1 Single-Family Residential Low Density Residential
R-2 Light Multiple Residential Medium Density Residential
R-3 Medium Multiple Residential High Density Residential
Commercial Zoning Districts
P-O Professional Office Commercial
C-1 Neighborhood Commercial Commercial
C-3 Medium Commercial Commercial
C-4 Regional Commercial High Intensity Commercial
CBD Central Business District Commercial
Business and Industrial Districts
CI-MU Commercial/Industrial
Mixed-Use Mixed-Use Industrial/Commercial
M-1 Light Manufacturing 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
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D-O Design Overlay
RC-MUDO Residential/Commercial
Mixed-Use Development
Mixed-Use Residential/Commercial & Mixed-Use High
Density Residential/Commercial
Specific Plans
GSP Garvey Avenue Specific Plan Garvey Avenue Specific Plan
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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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. 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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. Regardless of the preceding, the Garvey Avenue Specific Plan shall take precedence over the
Municipal Code when this Title conflicts with the Specific Plan.
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 Chapter 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 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 twenty-eight (28) feet and
in nonresidential zones to a maximum height of thirty-five (35) feet.
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3. Yards. Where a yard distance is given this shall be a minimum distance, except as here after
provided:
a. No building shall be erected nor shall any existing building be removed, altered, enlarged or
rebuilt, nor shall any open spaces surrounding any building be encroached upon or reduced
in any manner except in conformity with the yard regulations established by this Title, or
amendments thereto, for the zone in which such building is located.
b. No yard or other open space provided about any building for the purpose of complying with
the regulations of this Title or amendments thereto, shall be considered as providing a yard
or open space for any other building or structure.
c. The front yard shall be measured from the front property line except that where there is an
official plan line or a future street line, the front yard shall be measured from the official plan
line or future street line.
d. All required yards shall be established by minimum building setbacks as specified in the
development standards tables for each of the zone districts.
1) Setbacks shall be the measurement between a property line or right-of-way line to the
building line of any structure.
2) The building line of a structure shall be along the foundation or columns that support
the structure's outside elevation. The outside wall of a cantilevered story above the first
floor shall be considered the building line for the purpose of establishing the required
setback.
4. Lot Area and Dimension Requirements.
a. Where a minimum lot area is given this shall be the minimum lot area. However, when any
lot(s) has been legally created and is subsequently zoned to a minimum parcel size larger
than the existing parcel size, said lot(s) shall be found to be legally nonconforming 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 nonconforming 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.
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
Page 33
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. In addition to the height requirements set forth in each zone, the following
development standards shall apply. When the requirements of this Section conflict with sections of this
Municipal Code, the most restrictive shall apply:
1. All commercial, industrial, nonresidential planned development zones, and residential commercial
mixed-use zones shall have a variable height limitation established when abutting R-1 and R-2 zones, described as follows and shown in Figure 17.08.050.1 Commercial Rear Yard Setback
Adjacent to Residential Zones and Figure 17.08.050.2 Commercial Side Yard Setback Adjacent
to Residential Zones:
a. P-O, C-1, C-3, C-4, CBD, CI-MU, M-1, P-D, P, and RC-MUDO Zones Rear Yard Limitations.
Establishing a height at fifteen (15) feet above the finished grade of adjacent residential
property line and located twenty-five (25) feet from the rear property line, a sixty (60) degree incline plane is projected that establishes the height limitation.
Page 34
b. P-O, C-1, C-3, C-4, CBD, CI-MU, M-1, P-D, P, and RC-MUDO Zones Side Yard Limitations.
Establishing a height at fifteen (15) feet above the finished grade of adjacent residential
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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.
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2. When P-O, C-1, C-3, C-4, CBD, CI-MU, M-1, P-D, P, and RC-MUDO zone street frontage is
opposite R-1 or R-2 zones, the inclined plane set forth in subsection (a)(1) of this section shall be
used, commencing at a height of thirty-five (35) feet and located twenty (20) feet from the front
property line facing the residential zone.
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3. In all zones, accessory buildings and structures, when abutting R-1 and R-2 zones shall not
exceed a height of nine feet above the adjacent residential finished grade, and when abutting R-
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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 or more residential units and all
properties with nonresidential development. See Article 3, Chapter 17.32 (Accessory Structures) for
the development standards of trash enclosures.
K. Security Bars. Metal security bars, gates, grilles, or wire mesh shall not be used on the exterior of any
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 R-3 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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 and the Garvey Avenue Specific Plan are not included in the order of
restrictiveness.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
Page 39
Chapter 17.12 - RESIDENTIAL ZONING DISTRICTS
Sections:
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
Table 17.12.020.1: USES IN RESIDENTIAL DISTRICTS
Land Use
Requirements by
District Specific Use Regulations
R-1 R-2 R-3
Residential Uses
Single-family Dwellings P P P
See section 17.12.030 for district specific
requirements. See Chapter 17.42 for
Manufactured Homes.
Page 40
Two-family Dwellings (Duplex) — P P See section 17.12.030 for district specific
requirements.
Multiple-family Dwellings — — DR See section 17.12.030 for district specific
requirements.
Second Dwelling Unit, Single-story P P P See Article 3, Chapter 17.30, Section
17.30.190 (Second Dwelling Units)
Second Dwelling Unit, Two-story CUP CUP CUP See Article 3, Chapter 17.30, Section
17.30.190 (Second Dwelling Units)
Mobile Home Parks CUP CUP CUP See Article 3, Chapter 17.46 (Mobile
Home Parks and Park Conversions)
Care Uses
Child Care Home, Small Family (eight or
fewer) P P P
See Article 3, Chapter 17.30, Section
17.30.160 (Large and Small Family Child
Day Care Home Facilities)
Child Care Home, Large Family (nine to
14) — AUP AUP
See Article 3, Chapter 17.30, Section
17.30.160 (Large and Small Family Child
Day Care Home Facilities)
Residential Care Facilities (six or fewer) P P P
Residential Care Facilities (7 or more) — CUP CUP
Supportive Housing P P P
Transitional Housing P P P
Agriculture and Animal-Related Uses
Animal Keeping A A A See Title 6 (Animals) of the Municipal
Code
Horticulture - Private A A A
Page 41
Other Uses
Accessory Structures A A A See Section 17.12.030 and Article 3
Chapter 17.32 (Accessory Structures)
Educational Institution - Private CUP CUP CUP
Educational Institution - Public P P P
Home Occupations, including Cottage
Food Operations. A A A See Title 5, Chapter 5.41 (Home
Occupations)
Lighted outdoor sporting field or court
(tennis, basketball, etc.). CUP CUP CUP See Article 4, Section 17.68.060
Places of Religious Assembly CUP CUP CUP
Public Buildings and Facilities AUP AUP AUP
Public Utility Facilities P P P
Telecommunication Facilities, not
including Wireless Telecommunication
Facilities
CUP CUP CUP
Temporary Uses and Special Events See Article 5, Chapter 17.124 (Temporary Use Permits and
Special Events)
Notes:
P Permitted Use A Permitted Accessory Use
AUP Administrative Use Permit Required
CUP Conditional Use Permit Required
— Use Not Allowed DR Discretionary Design
(Ord. No. 931, § 5(Exh. A), 10-22-13)
_____
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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
Development Feature
Requirement by Zoning District
R-1 R-2 R-3 Notes and Exceptions
Minimum Lot Area 6,000 sq. ft. 6,000 sq. ft. 10,000 sq. ft.
Lot Area/Unit 6,000 sq. ft. 4,500 sq. ft. 1,500 sq. ft.
Minimum Lot Width 50 ft. 50 ft. 70 ft.
Floor Area
Requirements
Minimum 1st Floor and Maximum 2nd Floor Area
Requirements Single and Two-family Dwellings (Excluding
Garage and Other Nonhabitable Space)
1st Floor
Minimum 1,000 sq. ft. 750 sq. ft. See Section
17.12.030B2f for
Multifamily
Dwellings
2nd Floor
Maximum
75% of 1st
floor area
75% of 1st
floor area
Floor Area Ratio 0.35:1 0.35:1 0.35:1
See Section
17.12.030.B.1.k for FAR
Bonus Program
Setbacks Minimum setbacks
required
Front Yard
Main Bldg 20 ft. 20 ft. 15 ft.
Garage 25 ft. 25 ft.
Setback is required for
front facing garages
Page 43
Side Yard
Interior Lots
1st Floor
Greater of 5
ft. or 10% of
lot width
Greater of 5
ft. or 10% of
lot width
10ft. all floors 15 ft. for R-3 abutting
R-1 or R-2 zone
2nd Floor 5 ft. min. 15
ft. combined
5 ft. min. 15
ft. combined
15 ft. for R-3 abutting
R-1 or R-2 zone
Side Yard
Corner Lots
1st Floor
interior side
Greater of 5
ft. or 10% of
lot width
Greater of 5
ft. or 10% of
lot width 10 ft. 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
1st Floor
street side 10 ft. 10 ft.
15 ft. all floors
2nd Floor
street side
10 ft. min.
20 ft.
combined
10 ft. min.
20 ft.
combined
Rear Yard
Less than 4
bedrooms
and 2,000 s.f.
Lesser of 25
ft. or 20% of
lot depth
Lesser of 20
ft. or 20% of
lot depth
15 ft.
See Section
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 and
30 ft.
2 stories and
30 ft.
3 stories and 35
ft.
Bldg. Separation (Dwellings) 20 ft. 20 ft. 20 ft., 25 ft. front
to front
Bldg. Separation
(Decks/projections/pools) 6 ft. 6 ft. 15 ft.
Open Space N/A N/A 200 s.f. per unit See Section
17.12.030.B.2.e for
Page 44
Multifamily
development
Parking See Article 4, Chapter 17.112 (Off Street Parking and Loading)
Fences and
Walls Article 4, Chapter 17.68 (Fences, Walls, and Landscape Screening)
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 (20) percent 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 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 (75) percent 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 feet in width when
located in front or side yard areas.
e. Merged Lots. When two 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:
Page 45
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.
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 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 feet.
3) Detached accessory buildings may occupy side and rear yards as provided in Article 3,
Section 17.32.030.
4) Detached garages, and patios may occupy not more than fifty (50) percent of a required
rear yard. Swimming pools may occupy rear yards, but not required front or side yards,
except that no swimming pool may be located less than five 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 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.
Page 46
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.
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 feet for a distance of not less than eight 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.
i. Additional Site Plan and Design Review Requirements. In addition to general city of
Rosemead Planning Division review and approval requirements for residential projects, the
following items are also subject to ministerial review and approval:
1) A site plan and design review application shall be required to install hardscape directly
adjacent to a new or remodeled residential driveway.
2) A fence permit shall be required to install new fencing or replacement fencing in any
residential front yard.
3) A site plan and design review application shall be required to install a portable shade
structure in the rear yard.
4) A site plan and design review application shall be required for any accessory building
greater than one hundred twenty (120) square feet in floor area, whether the total area
is in one building or cumulatively in multiple buildings, including storage structures and workshops, but not including required garages.
j. Discretionary Site Plan and Design Review. The following shall be subject to a discretionary Site Plan and Design review application, pursuant to the procedures in Chapter 17.120
(Applications and Processing) and Chapter 17.136 (Site Plan and Design Review) of this
Title:
1) Any new dwelling unit to be constructed that equals or exceeds two thousand five
hundred (2,500) square feet of developed living area.
2) Any addition to a dwelling unit in which the total floor area with the addition equals or
exceeds two thousand five hundred (2,500) square feet of developed living area.
3) Any fill that would raise the building pad or front yard elevation by more than twenty-
four (24) inches above the natural grade.
k. Residential Design Incentives. An additional five percent of bonus floor area may be obtained
through the use of design incentives that are listed in Table 17.12.030.2.
Table 17.12.030.2: RESIDENTIAL BONUS FLOOR AREA DESIGN INCENTIVES
Page 47
Floor Area (FAR)
Bonus Qualifying Design Elements
1.5% FAR Bonus (per
design element)
Garages placed at the rear of the lot and not visible from the street
Usage of windows that are recessed a minimum of 4 inches on the front
elevation
Eave overhangs of 18-inches or more with exposed decorative rafter tails
Porch design that extends a minimum of 50% of the front elevation.
1.0% FAR Bonus (per
design element)
Landscape plan with 3 or more mature trees (defined as 24" box or larger)
Second floor fully contained within a pitched roof
Use of true divided-light windows, doors and side lights
0.5% FAR Bonus (per
design element)
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 elevation
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
Page 48
Use of natural architectural materials (such as wood and stone)
Use of drought-tolerant plant materials and automatic irrigation with
moisture sensors
Use of interlocking pavers, decomposed granite or other decorative
hardscape materials for walkways and driveways
2. R-3 Zoning District.
a. Single-Family and Two-Family Development on R-3 Lots. If an R-3 lot is improved with two
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.B.1, with the exception of the density requirement. One-
family and two-family development on an R-3 lot shall comply with the density requirement of the R-3 zone.
b. Maximum Heights. No building or structure shall exceed a height of thirty-five (35) feet or three 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 feet above the finished grade adjacent to the entry point.
c. Landscaping. All usable open space (i.e., pedestrian walkways, separations between buildings, yard areas, and common recreation areas) shall be landscaped and provided with
permanent, moisture sensing devices and automatic underground irrigations systems,
developed in accordance with an approved landscape plan and maintenance plan.
Landscape design shall be subject to the following:
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 fifty (50) percent which shall
be an evergreen type. The following minimum sizes shall apply:
• Trees, fifteen (15) gallons;
• Shrubs, five 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.
Page 49
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 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 feet into the driveway width for a minimum horizontal clearance of twenty (20) feet.
3) All driveways shall comply with County of Los Angeles Fire Department Access Standards.
4) All points of vehicular access to public rights-of-way shall be subject to approval by the City's Public Works Department.
e. Usable Open Space. A minimum of two hundred (200) square feet of usable open space shall be provided for each dwelling unit. "Usable open space" means space designed for
outdoor living, recreation, or landscaping, and may be located on the ground, or on an
unenclosed balcony, deck or porch, including patios and deck areas of swimming pools. No
areas utilized for vehicular driveways, parking, covered pedestrian access between
structures or dwelling units shall constitute usable open space.
f. Floor Area Requirements. Each apartment or dwelling unit shall have a minimum floor area, excluding garages, as follows:
Table 17.12.030.3: R-3 FLOOR AREA REQUIREMENTS
Unit Type Minimum Floor Area
Studio Unit 600 square feet
One Bedroom Unit 650 square feet
Two Bedroom Unit 800 square feet
For Each Additional Bedroom An additional 200 square feet
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.
Page 50
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 multifamily 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).
(Ord. No. 931, § 5(Exh. A), 10-22-13)
Chapter 17.16 - COMMERCIAL ZONING DISTRICTS
Sections:
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
Page 51
including retail, restaurant and cultural uses consistent with the General Plan Commercial land
use designation.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
Table 17.16.020.1: USES IN COMMERCIAL DISTRICTS
Land Use
Requirements by District
Specific Use Regulations
P-O C-1 C-3 C-4 CBD
Retail uses such as:
Alcoholic Beverage Retail Sale (off-
sale) — CUP CUP See ** CUP See Article 3, Chapter 17.30
Antique Store P P ** P
Appliance Store and Repairs — P P ** P
Automobile Sales/Rentals (no
repair) — — CUP ** —
Auto Parts Sales, Retail (no
installation) — P P ** P
Bakeries — P P ** P
Beauty Supply Store — P P ** P
Bicycle and Mini-bike Sales with
Incidental Repair — P P P
Book or Stationary Store — P P ** P
Clothing Store — P P ** P
Page 52
Confectionary Shop — P P ** P
Convenience Store — P P ** P See Article 3, Chapter 17.30
Department Store — — 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
Hardware Store — P P ** 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 — P P ** P
Page 53
Open Air Markets held on a
recurring basis (farm or craft
markets, produce markets, and
similar use)
CUP ** CUP
Outlet Center — — P ** —
Paint and Wallpaper Store — P P ** P
Pawn Shop — — — ** —
Pet Store — P P ** P
Photography/Camera shop — P P ** P
Retail Store — P P ** P
Secondhand Store — — CUP ** —
Shopping Center — P P ** P
Shoe Store — P P ** P
Warehouse Retail Store — — CUP ** —
Business, Financial, and Professional uses such as:
ATM A A A ** A
See Article 3, Chapter 17.30 Financial Institutions and related
services P P P ** A
Offices, Business, or Corporate P A P ** P
Eating and Drinking Establishments:
Accessory Food Service (open to
public) A A A ** A P-O zone: See Section
17.16.030.B.1.a
Page 54
Bars, Lounges, Nightclubs, and
Taverns — — CUP ** CUP See Article 3, Chapter 17.30
for Alcohol Sales
Drinking Establishment (such as
coffee shop, but not including
alcohol sales)
A P P ** P P-O zone: See Section
17.16.030.B.1.a
Fast Food — — P ** P
Outdoor Dining (up to 800 sq. ft.) — — A ** A See Article 3, Chapter 17.30
Outdoor Dining (more than 800 sq.
ft.) — — AUP ** — See Article 3, Chapter 17.30
Restaurant - Sit-down — P P ** P See Article 3, Chapter 17.30
for Alcohol Sales
Take-Out Service — P P ** A
Services Uses - General:
Acupuncture P P P ** —
Animal Grooming — — P ** — No overnight boarding of
animals allowed
Animal Day Care — — CUP ** — No overnight boarding of
animals allowed
Animal Hospital/Clinic (not including
Kennel) — — CUP ** —
Automobile Car Wash/Detailing — — CUP ** — See Article 3, Chapter 17.30
Automobile Lube and Tune Facility — — CUP — See Article 3, Chapter 17.30
Automobile Service Station (fuel,
maintenance) — CUP CUP ** CUP See Article 3, Chapter 17.30
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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
Electronics Repair Shop — P P ** P
Employment Agencies P P P ** —
Landromats (Self-service Laundries) — P P ** P
Locksmith — P P ** P
Nail Salon — P P ** P
Postal and Mailing Service A P P ** P P-O zone: See Section
17.16.030.B.1.a
Shoe Repair Shop — P P ** P
Tailors and Seamstresses — P P ** P
Services Uses - Restricted:
Beauty Health Spa — — AUP
See
Sections
17.16.030
.B3 and
17.17.
030.C
AUP
Check Cashing — — CUP ** —
Fortune Telling — — AUP ** —
Hotel/Motel — — CUP CUP See Article 3, Chapter 17.30
Massage Services — — CUP **
See Title 5, Chapter 5.24,
relating to Business License
Requirements for Massage
Uses
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Care Uses:
Day Care Facility — CUP CUP ** —
Seniors Congregate Care (Housing) — — CUP ** —
Medical-Related and Social Services:
Ambulance Service (Limited fleet) — — AUP ** —
Emergency/Urgent Care Clinic — — P ** -
Hospital — — CUP ** —
Medical, Dental Clinics and Offices P P P ** P
Medical Lab A — P ** —
Medical Supplies A P P ** —
Outpatient Surgery/Care Facilities P — P ** —
Pharmacy and Medical Supplies A P P ** P P-O zone: See Section
17.16.030.B.1.a
Transportation, Communication, and Infrastructure Uses:
Automobile Parking Facilities as
principal use (subterranean and
structures)
A — CUP ** CUP
Utilities P P P ** P
Recreation and Education:
Billiards, Pool Halls — — CUP ** — See Chapter 5.16
Commercial Recreation — — CUP ** CUP
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Entertainment Accessory Use
(Karaoke, Live Band, Piano, Singer,
Dancing)
— — A ** A See Chapter 5.12
Game Arcade, Internet Café, 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 sq. ft.) — — CUP ** CUP
KTV Studios (Karaoke) — — CUP ** — See Article 3, Chapter 17.30
Library — — P ** P
Movie Theater — — CUP ** —
Museums — — CUP ** —
Schools, Private — — CUP ** —
Schools, Trade, Vocational — — CUP ** —
Studio, Art, Dance, Martial Arts,
Music (up to 2,000 sq. ft.) — AUP AUP ** AUP
Studio, Art, Dance, Martial Arts,
Music (more than to 2,000 sq. ft.) — CUP CUP ** CUP
Tutoring Services (large) CUP CUP CUP ** CUP
Tutoring Services (small) P P P ** P
Other Uses:
Accessory Structures A A A ** A See Article 3, Chapter 17.32
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Assembly/Meeting Facilities - CUP CUP ** CUP
Donation Box (Charitable) — — A ** — See Article 3, Chapter 17.30
Drive-through or Drive-up Facilities — — P ** P See Article 3, Chapter 17.30
Government Buildings and Facilities — — P ** P
Outdoor Displays See Chapter 17.76 (Outdoor Sales and Garage Sales)
Recycling Facilities, Reverse Vending
Machines and Small Collection
Facilities
— AUP AUP ** — See Article 3, Chapter 17.30
Single Room Occupancy (SRO)
Developments — — CUP ** CUP See Article 3, Chapter 17.30
Special Events See Article 5, Chapter 124 (Temporary Use Permits and Special
Events)
Studios, Recording/Film — — CUP ** —
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
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.
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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 three thousand (3,000) gross square feet
or more, or the addition of three thousand (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 three thousand (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.C for development review application requirements in the C-4 zone.
(Ord. No. 931, § 5(Exh. A), 10-22-13; 957, § 3, 11-24-15)
17.16.030 - Commercial 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 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-O C-1 C-3 C-4 CBD
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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 Land Use
Designation and
Corresponding
Maximum FAR
in Appendix A
See General
Plan Land Use
Designation and
Corresponding
Maximum FAR
in Appendix A
See General
Plan Land Use
Designation and
Corresponding
Maximum FAR
in Appendix A
See General
Plan Land Use
Designation and
Corresponding
Maximum FAR
in Appendix A
See General
Plan Land Use
Designation and
Corresponding
Maximum FAR
in Appendix A
Setbacks Minimum setbacks required
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. 75 ft.
Height
Adjoining
Residential
Zone
See Section 17.08.050I (Variable Height)
Parking See Chapter 17.112 (Off Street Parking & Loading)
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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 eight hundred
(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 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 feet.
2) The public right-of-way without approval of an encroachment permit.
b. Hedges or any other shrubs or landscaping shall not encroach onto a curb or sidewalk or
over a lot line.
5. Awnings.
a. Awnings may encroach into the public right-of-way by extending over the sidewalk or parkway with review and approval from the City Engineer and Building Official.
b. Awnings, arcades, and galleries may encroach into the sidewalk within two feet of the curb
but must clear the sidewalk vertically by at least eight feet.
c. Projections beyond the front or exterior side lot line of a corner lot shall require the review
and approval of the City Engineer and the Building Official.
6. Landscape and Irrigation Plans.
a. Landscape and irrigation plans for any development within a commercial zone, including the
type and location of plant materials to be used, shall be submitted to the Planning Division
for review and approval by the Community Development Director.
b. A total of six percent 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.
d. All landscaping shall be maintained in a neat and healthy condition.
e. Parking lot landscaping shall include a minimum of one 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.
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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 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
17.16.030.1, 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 five percent 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
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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 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 (25) percent of gross floor area or twenty-five (25)
percent of total retail area, whichever is less, and shall be located to the rear of the main
retail area.
3. C-4 Zoning District. The following regulations shall apply to the C-4 Regional Commercial zone
unless otherwise provided in this Title.
a. The C-4 Regional Commercial designation consists of two project areas, "Project Area 1"
and "Project Area 2," as outlined in the Land Use Element of the City's General Plan.
b. Approval Procedure. A precise plan of design for a commercial development shall be
submitted for Design Review and reviewed in accordance with the requirements of Chapter
17.28, Section 17.28.020, with the exception that the City Council shall approve or disapprove such project upon receiving a recommendation from the Planning Commission
that the project satisfies the following criteria for the C-4 zone:
1) Establish a well-balanced and carefully planned collection of signature commercial retail
anchors, general retail outlets, and casual to upscale restaurants, which take advantage
of the site's accessibility to major roadway corridors;
2) Allow for the development of site in a manner which will provide a productive use of
commercial opportunities;
3) Expand commercial retail and restaurant options for local customers by providing
daytime and nighttime shopping and dining opportunities in a safe and secure
environment;
4) Augment the City's economic base by providing a variety of tax generating uses;
5) Create employment generating opportunities for the residents of Rosemead and
surrounding communities;
6) Require consistent and rational development of the site(s) in accordance with
established and functional aesthetic standards; and
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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.
Table 17.16.030.2
LAND USE AND BUILDING FLOOR AREA REQUIREMENTS FOR PROJECT AREA
1 (as identified in the General Plan)
Permitted Use Mix
Building Floor
Area Range
Minimum -
Maximum
The primary use of the site shall have a major anchor tenant (75,000 - 140,000
square feet) and/or a hotel use.
Large Retail Center with Anchor Tenants: Consumer electronics and appliances
retail, department store, discount and variety store, home improvement, and
hardware store
75,000 - 140,000
s.f
General Retail Outlets: Home furnishing and housewares retail; music, video, book
and entertainment retail; office products retail; sporting and recreational
equipment retail; hobby and craft retail; and other specialty retail
15,000 - 35,000 s.f
Restaurant-Related Uses: Casual dining restaurants, specialty eateries, and upscale
dining 5,000 - 10,000 s.f.
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, including beauty supply, florist shops,
1,500 - 3,000 s.f.
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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)
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; hobby and craft retail; and other specialty retail
15,000 - 35,000
s.f.
Restaurant-Related Uses: Casual dining restaurants, specialty eateries, and upscale
dining 5,000 - 10,000 s.f.
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, 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,
1,500 - 3,000 s.f.
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hobbies and crafts, apparel and accessories, books and magazines, jewelry,
sporting good (sales and rental), photography, and stationery sales)
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 feet and a minimum height of eight feet; and
5) The amenity zone shall include street trees, landscaping, public signs, public art, street
lighting, street furniture, and other pedestrian-oriented amenities, as appropriate.
b. Street Trees.
1) All species of mature oak trees shall be preserved or otherwise dealt with in accordance with Article 4, Chapter 17.104.
2) The removal of other mature trees shall be subject to the review and approval of the Urban Forester.
3) Mature street trees that are approved for removal by the Urban Forester shall be replaced with a minimum of three new mature box trees that have at least a 24-inch box
and are the same species of the replaced mature street trees or a species approved by
the Urban Forester. The City reserves the right to increase the number of trees if it
deems necessary in order to compensate for mature tree loss.
4) The amenity zone shall be planted with street trees at an average spacing not greater
than thirty (30) feet on center.
c. Transit Stops.
1) Transit stops shall be designed as integral elements of a 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
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b) Includes a shelter, bench and lighting.
d. Corner Lot.
1) On intersection corners, where both streets have four lanes:
a) Building architecture on intersection corners, where both streets have four lanes
or more, shall receive special treatment to enhance the pedestrian experience, and
create visual interest and focal points at the entryways, such as, but not limited to,
building cut-offs and corner entrances with additional architectural detail, decorative landscaping, hardscape, planters, canopy, overhang or other
architectural covering over the building entry; and
2) On intersection corners, regardless of the number of lanes on each street:
a) Retail, restaurant, or overnight accommodation uses within buildings facing two or more streets shall have at least one customer entrance facing the primary street
and one customer entrance facing the second street or instead of two entrances,
a corner entrance; and
b) Buildings on corner lots shall address both streets with an equal level of
architectural detail.
e. Undergrounding of Utilities.
1) Utility lines to a development from the building to the property line, including, but not
limited to, electric, communications, street lighting and cable television shall be placed
underground.
2) Utility lines within the right-of-way shall be placed underground to the maximum extent
practicable. The requirements of this section may be waived by the City Council upon
recommendation from the City Engineer if it is determined that topographical, soil or any other conditions make such underground installations unreasonable or impractical.
2. Site Design and Circulation.
a. Minimum Development Area.
1) The minimum development area for a commercial project within Project Area 1 shall be
fifteen (15) acres.
2) The minimum development area for a commercial project within Project Area 2 shall be
three 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 percent of required off-street parking.
2) Bicycle parking facilities shall be:
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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.
3) At-grade parking shall not be located between any building and the street frontage.
4) Vehicular access to corner lot developments shall be from an alley or from a side street.
5) Access to parking on interior lots shall have only one vehicular access, which shall not
be from the street if the lot abuts an alley. A second vehicular access may be allowed
for lots that have a street frontage of three hundred fifty (350) feet or more and do not
abut an alley. Developments on those lots may have additional driveways that are not closer than three hundred (300) feet apart.
3. Architecture.
a. Ground Floor Facade.
1) There shall be articulated facades at the ground floor street frontage, which may include
such measures as indentation in plane, change of materials in a complimentary manner,
and sensitive composition and juxtaposition of openings.
b. Design Differentiation between Floors.
1) The area where the first floor meets the second floor shall clearly define a change in
materials, colors, and style between the first and second floors.
c. Roofline Variation.
1) Flat roofs are preferred and shall be screened with parapets on all sides of the building.
If no rooftop equipment exists or is proposed the parapet shall be a minimum of three
feet in height.
2) Where architecturally appropriate, sloped roofs shall provide articulation and variations
to divide the massiveness of the roof. Sloped roofs shall include eaves, which are a
minimum of eighteen (18) inches in width. Sloped roofs shall screen mechanical
equipment by providing a "roof-well", or by placing the equipment within the roof
structure.
4. Signs.
a. A uniform sign program shall be approved by the Planning Division for each commercial
development.
b. Permitted sign types shall be limited to wall, window, awning and monument signs.
c. Building mounted signs, including wall, window and awning, shall not exceed a cumulative
total of one square foot of sign area per one lineal foot of building frontage of each business.
d. Pole signs shall be prohibited.
e. A monument sign shall be used only to identify multiple businesses based on the following
criteria:
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.
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3) The sign copy area shall not exceed sixty (60) percent of the background wall area.
4) All monument signs shall contain only the name of the development and/or the names
of the businesses.
5) Monument signs shall not encroach into any required landscaped setback area when
abutting open areas or encroach more than one-half the required landscaped setback area when located in front of a building.
6) Sign copy shall be back-lighted or indirectly lighted.
7) The background wall of the monument sign shall not exceed six feet in height.
8) A maximum of two monument signs per development.
9) The monument sign shall be set back a minimum of three 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
Chapter 17.20 - COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS
Sections:
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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
Page 70
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
Fabric Products Manufacturing — P
Food and Beverage Packing/Canning/Processing — P
Furniture Manufacturing — P
Glass, Metal and Plastics Products Manufacturing — P
Lumber and Wood Products Manufacturing — P
Metal Products Fabrication and Welding Shops — P
Paper Products Manufacturing — P
Personal Self Storage (Mini-Storage), Indoor Only — CUP
Research and Development P P
Stone, Clay and Pottery Product Manufacturing — P
Cabinet or Carpenter Shops — P
Carpet, Window Covering, and Upholstery Cleaning — P
Contractor's Storage Yards — AUP
Page 71
Handicraft Industry — P
Garment Manufacturing, Processing, or Assembling,
including Sewing and Cutting Operations — CUP
Laboratories A P
Laundries and Dry Cleaning Plants CUP P
Warehousing, Wholesaling, and Distribution Facilities P P
Warehousing, Wholesaling, and Distribution Facilities of
Alcoholic Beverages CUP CUP See Article 3, Chapter
17.30
Retail Trade Uses:
Auto Parts Stores, including Installation Services AUP —
Automobile Sales/Rentals, New or Used CUP —
Building Materials Storage and Services CUP P
Equipment Rental CUP CUP
Home Improvement Stores P —
Horticultural Sales (Nursery) with Outdoor Display CUP CUP
Outlet Center P —
Retail Sales A A See Section 17.20.030
Spas, Hot tubs, Barbeque Sales P —
Statuary, Fountains and Landscape Sales P —
Business, Financial, Professional, and Medical Uses:
Page 72
Offices - Business, Medical, Government, and
Professional P P
Emergency/Urgent Care Clinic P —
Ambulance Services (Limited fleet) AUP AUP
Eating and Drinking Establishments:
Accessory Food Service (Open to Public) P AUP
Catering Service P —
Drinking Establishment (such as coffee shop, but not
including alcohol sales) P P
Service Uses:
Animal Boarding/Kennels — CUP
Animal Grooming — AUP No overnight
boarding
Animal Hospital/Clinic (not including Kennel) CUP —
Auto Repair and Body Shops CUP CUP See Article 3, Chapter
17.30
Automobile Car Wash/Detailing CUP CUP See Article 3, Chapter
17.30
Automobile Lube and Tune Facility CUP CUP See Article 3, Chapter
17.30
Automobile Service Stations (Vehicle Fueling,
Accessories) CUP CUP See Article 3, Chapter
17.30
Automobile Storage - Primary Use — —
Page 73
Vehicle Towing with Storage — AUP
Funeral Homes and Mortuaries CUP CUP
Maintenance and Repair Services (other than vehicle) P P
Printing and Duplicating Services, Postal Services P P
Transportation, Communications, and Infrastructure Uses:
Automobile Parking Facilities as principal use
(subterranean and structures) CUP CUP
Heliports and Helistops A/CUP A/CUP
Telecommunications facilities (not including Wireless
Telecommunication facilities) P P
Utilities P P
Wireless Telecommunication Facilities — CUP See Article 3, Chapter
17.54
Special Needs Uses, limited to only the following:
Emergency Shelters — P See Article 3, Chapter
17.30
Mortuaries/Funeral Homes — CUP
Places of Religious Assembly CUP —
Single Room Occupancy — CUP See Article 3, Chapter
17.30
Other Uses:
Accessory Structures P P See Article 3, Chapter
17.32
Page 74
Adult Businesses — P See Article 3, Chapter
17.30
Body Art Establishment — P See Article 3, Chapter
17.30
Day Care Facility CUP CUP
Recycling Facilities - Collection (Small) AUP AUP See Article 3, Chapter
17.30
Recycling Facility - Collection (Large) CUP CUP See Article 3, Chapter
17.30
Recycling facilities - Processing — — See Article 3, Chapter
17.30
Special Events See Article 5, Chapter 124 (Temporary Use
Permits and Special Events)
Temporary Use Permits See Article 5, Chapter 124 (Temporary Use
Permits and Special Events)
Note:
P Permitted Use
A Permitted Accessory Use
CUP Conditional Use Permit required
AUP Administrative Use Permit required
— Use not allowed
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.
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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 three thousand (3,000) gross square feet or more, or the addition of three thousand (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 three thousand (3,000) square feet of new construction shall be
subject to City staff-level review coordinated by the Community Development
Department.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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
Development
Feature
Requirement by Zoning District
CI-MU M-1
Minimum Lot Area 20,000 sq. ft. 1 acre
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Minimum Lot
Width/Depth 150 150
Maximum Floor
Area See General Plan See General Plan
Setbacks
Street Frontage 10 ft. 10 ft.
Front Adjoining
Residential Zone 15 ft. 15 ft.
Side None None
Side Adjoining
Residential Zone
When side abuts side or rear of residential R zone, school or park a setback equal
to side yard setback of residential R zone shall be required for building line of main
structure. Setback area may be used to comply with parking requirements.
Rear None None
Rear Adjoining
Residential Zone
When rear abuts side or rear of residential R zone, school or park a setback equal
to side yard setback of residential R zone shall be required for building line of main
structure. Setback area may be used to comply with parking requirements.
Height 50 ft. 75 ft.
Height Adjoining
Residential Zone
Variable height limit per Section
17.08.050I
Variable height limit per Section
17.08.050I
Parking Per Chapter 17.112 (Off-Street Parking and Loading)
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 feet.
2) The public right-of-way without approval of an encroachment permit.
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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 feet of the curb
but must clear the sidewalk vertically by at least eight feet.
c. Projections beyond the front or exterior side lot line of a corner lot shall require the review
and approval of the City Engineer and the Building Official.
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 three percent 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.
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 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
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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 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.
a. Merchandise. All display of merchandise for sale on the premises shall be wholly within an
enclosed building, except as provided in section 17.20.030.B.1.b below.
b. All display of merchandise for sale on the premises shall be wholly within an enclosed
building except for the following:
1) Parking Lots.
2) Automobile Sale Areas.
3) Service Station Fuel Dispensing Activities.
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.
Page 79
3) Uses adjacent to a school, park or residentially zoned property shall limit outdoor
operations to the hours of seven a.m. to ten pm.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
Chapter 17.21- GARVEY AVENUE SPECIFIC PLAN ZONING DISTRICT
17.21.010 – Applicability and Purpose.
The development standards and guidelines contained in this Specific Plan provide for land
development and use within the Specific Plan area. The Specific Plan supersedes the otherwise
applicable City of Rosemead development standards and regulations unless stated otherwise in
this document. Whenever the provisions and development standards contained in this Specific
Plan conflict with those contained in the City of Rosemead Municipal Code, the provisions of
the Specific Plan shall take precedence. Where the Specific Plan is silent, the City of Rosemead
Municipal Code shall apply.
The purpose of the Garvey Avenue Specific Plan zoning district and the manner in which it is applied are
as follows:
A. Chapter 17.21 provides the regulatory standards for development within the Garvey Avenue Specific
Plan Area. The Garvey Avenue Specific Plan document must also be referenced for design guidelines
applicable to the Garvey Avenue Specific Plan Area.
B. The Garvey Avenue Specific Plan, Open Space/Parking zoning district (GSO-OS/P) allows for open
space and parking development on key areas of Garvey Avenue, such as the Alhambra Wash.
Continuing to allow open space, as well as parking, will help encourage the development of much-
needed open space along the Wash, consistent with the Garvey Avenue Specific Plan goals.
C. The Garvey Avenue Specific Plan, Residential/Commercial zoning district (GSP-R/C), provides
transition areas between single- and multifamily residential land uses in the surrounding
neighborhoods, serving as a buffer for higher land use intensity and building scale directly on Garvey
Avenue. The zoning in intended to enable flexibility in development approaches while requiring
high-quality design that respects and adds value to adjacent residential development.
D. The Garvey Avenue Specific Plan (GSP) zoning district accommodates a diverse range of retail,
service, and office businesses, with a focus on businesses that support the needs of the local
community. The GSP zoning district also allows for flexible spaces for start-up businesses. The GSP
zoning district is focused west of Del Mar Avenue, with some pockets east of Del Mar. Where
guidelines and standards have not been established, the GSP zone standards largely follows C-3
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Medium Commercial zoning area. However, standalone residential and mixed uses are not
permitted in the GSP Zoning District.
E. The Garvey Avenue Specific Plan, Incentivized Mixed Use zoning district (GSP-MU) allows
“Horizontal” mixed-use in this district, which will enable a large development sites to be developed
with buildings with only one use, provided that the overall site is developed to the mixed use
standards in GSP-MU. This zone also allows for “vertical” mixed-use, where commercial uses are on
the ground floor, with residential uses above. The GSP-MU zoning district is focused on the eastern
half Garvey Avenue Where guidelines and standards have not been established, the GSP-MU zoning
code follows the R-C MUDO Residential/ Commercial Mixed-Use Development Overlay district.
17.21.020 - Garvey Avenue Specific Plan Land Uses and Permit
Requirements.
Table 17.21.020.1, Uses in the Garvey Avenue Specific Plan District, identifies the uses allowed in each
such zoning district, and identifies the land use permits required, if any, to establish each use subject to
section 17.08.050. Where the last column in Table 17.21.020.1 (Specific Use Regulations) includes a
section reference number, the regulations in the referenced section apply to the use in addition to those
shown in Table 17.21.020.1.
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Table 17.21.020.1 Uses in the Garvey Avenue Specific Plan District
Allowed Uses Key: GSP-
OS/P
GSP-
R/C GSP GSP-
MU* Specific Regulations
P
CUP
AUP
-- TUP
Permitted Use
Conditional Use Permit
Required
Administrative Use Permit Required Use Not Permitted
Temporary Use
Residential
Single-Family Dwellings -- P -- --
Two-Family Dwellings (Duplex) -- P -- --
Multi-Family Dwellings -- P -- --
Multi-Family Dwellings (as part of a
Mixed Use Project)
-- -- -- P A mixed use project application must be
accompanied by an economic feasibility study
prepared by a reputable economic or marketing
professional or firm. Economic feasibility study’s
findings must support the proposed mixed use
project, the land use mix components of the project,
and the extent of the land use. City of Rosemead
staff will evaluate and determine the marketing
professional/firm credentials to prepare such study.
The Community Benefit Incentive is not applicable
to this economic feasibility study.
Second Dwelling Unit (as defined by
§17.30.190)
-- P -- -- See RMC Section 17.30.190 (Second Dwelling Units)
Artist Live/Work Space -- AUP -- P
Single-Room Occupancy (as defined by
§17.30.200)
-- CUP -- CUP See RMC Section 17.30.200 (Single Room
Occupancy)
Residential accessory uses and
structures
-- P -- P See RMC Section 17.32 (Accessory Structures) and
Section 17.12.030
Home Occupations, including Cottage
Food Operations (Accessory)
-- P -- P
Care Uses
Transitional and Supportive Housing -- P -- --
Page 82
Table 17.21.020.1 Uses in the Garvey Avenue Specific Plan District
Allowed Uses Key: GSP-
OS/P
GSP-
R/C GSP GSP-
MU* Specific Regulations
Child Care Home, Large Family (9 to 14) -- AUP -- --
See RMC Section 17.30.160 (Large and Small Family
Child Day Care Home Facilities)
Child Care Home, Small Family (8 or fewer) -- P -- --
See RMC Section 17.30.160 (Large and Small Family
Child Day Care Home Facilities)
Residential Care Facilities (6 or fewer) -- P -- --
Residential Care Facilities (7 or more) -- CUP -- --
Public and Civic
Colleges and Universities -- -- -- P
Cultural Institutions CUP CUP CUP CUP
Park and Recreation Facilities P P P P For lighted facilities, see RMC Section
17.68.060
Places of Religious Assembly -- CUP CUP CUP
Public Utility Facilities AUP AUP AUP AUP
Telecommunication Facilities/Wireless Telecommunication Facilities CUP CUP CUP CUP
Educational Institution (Private) -- CUP CUP CUP
Community Garden P P P P
Open Space, Public P -- -- --
Hiking Trails, Public P -- -- --
* Medical Office, and Office uses are prohibited on ground floors in the GSP-MU Zone. If permitted within the zoning area, Medical Office and Office uses are permitted on upper floors.
A. Non-Conforming Uses
To ensure that land uses are consistent with the vision presented in the Garvey Avenue Specific Plan,
the conditions under which legal nonconforming uses may continue is limited. Specifically, legal
nonconforming uses may remain but cannot expand, change use, rebuild, and must be continually
operated.
a. If these conditions are not met, the nonconforming use is no longer a legal nonconforming use and
is subject to the City of Rosemead’s Nonconforming Use Amortization Policy, RMC Section
17.72.090, with the exception of the abandonment/discontinuation clause (RMC Section
17.72.030B).
b. In place of the RMC Section 17.72.030B abandonment/discontinuation clause, a nonconforming use
in the Garvey Avenue Specific Plan area that has been abandoned or has been discontinued for a
Page 83
period of 90 days shall not be reestablished and any subsequent reuse or any new use established
shall conform to the provisions of the Garvey Avenue Specific Plan.
B. Performance Standards?
Listed in other chapters of Article 2
17.21.030 – Garvey Avenue Specific Plan District Development Standards.
A. General Requirements.
1. Development Standards Table. All subdivisions, new land uses or structures, and substantial
rehabilitation, alterations, and/or remodeling of existing land uses or structures shall be
designed, constructed, and established in compliance with the requirements of Table
17.21.030.1 in addition to the applicable standards in Title 17 (Zoning) of the Rosemead
Municipal Code unless explicitly defined, stated, or delineated otherwise in the Garvey Avenue
Specific Plan.
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Table 17.21.030.1: GARVEY AVENUE SPECIFIC PLAN DISTRICT DEVELOPMENT
STANDARDS
Specific Plan Standards GSP-OS/P GSP-R/C GSP GSP-MU Comments
Development Intensity and Neighborhood Compatibility
Minimum Lot Size
See RMC Section 17.08.050 regarding lot area and dimension requirements for direction on an
undeveloped, substandard, or nonconforming lot.
None 6,500 s.f. 5,000 sq.
Mixed Use 10,000
s.f.
Other 5,000 s.f.
Minimum Lot Width 50’ 70’ 70’ 100’
Minimum Lot Area
per Dwelling N/A 1,000
sq./dwelling unit N/A 500 sq./dwelling
unit
Maximum Density
Without the
Provision of
Community Benefits
N/A 7 dwelling
units/gross acre N/A 25 dwelling
units/gross acre
Maximum Density
With the Provision
of Community Benefits
N/A 25 dwelling
units/gross acre N/A 80 dwelling
units/gross acre
Minimum Unit Size
Studio N/A 600 s.f. N/A 600 s.f.
One-Bedroom N/A 650 s.f. N/A 650 s.f.
Two-Bedroom N/A 800 s.f. N/A 800 s.f.
Each Additional Bedroom An additional 200 s.f./ bedroom N/A An additional 200 s.f./ bedroom
Commercial Development Intensity
Floor Area Ratio
(FAR) Without the
Provision of
Community
Benefits
None 0.75 maximum 0.75 maximum
Commercial: 0.75
maximum
Mixed Use: 1.6
maximum
FAR With the
Provision of
Community
Benefits
None 1.0 maximum 1.0 maximum
Commercial: 1.0
maximum
Mixed Use: 3.0
maximum
Page 85
Table 17.21.030.1: GARVEY AVENUE SPECIFIC PLAN DISTRICT DEVELOPMENT
STANDARDS
Specific Plan Standards GSP-OS/P GSP-R/C GSP GSP-MU Comments
Required Floor Area of the Ground Floor
Space in a Vertical
Mixed Use
Building located
along Garvey
Avenue
N/A N/A N/A
Lots with 50’ or less of street frontage: 800 sq.,
minimum
Lots with 51’ or
more of street
frontage: 20% of the lot area, minimum.
Where multiple
vertical mixed
buildings are
located on a single lot, a minimum of 20%
of the building
footprint shall be
dedicated to
ground floor
space.
Where multiple vertical mixed
use buildings
located within
a single lot,
Building Height and Form
Maximum Height
Maximum height is calculated to the top of roofline or roof structures including but not limited to elevator housing, stairways, tanks, ventilating
fans, roof signs, etc.
35’ 35’ 75’ 75’
Height Exception An additional 5’ beyond the height limit is allowed for unique architectural
elements as determined by the Community Development Director.
Section 3.4.2
of this Specific
Plan
Maximum Building
Length Building façade lengths may not exceed 300 feet.
Building Relationship to Street
Minimum Building
Placement on Lot
Frontage
Minimum lot frontage that must be developed by a building
Section 3.4.4
of this Specific
Plan
None 60% 60% 75%
Ground Floor
Height 14’minimum 10’ minimum 14’ minimum
Nonresidential: 14’ minimum
Residential: 10’
minimum
Section 3.4.8 of this Specific
Plan
Elevation Above Street Level
Ground Floor
Living Space N/A 2’ minimum
3’ maximum N/A 2’ minimum
3’ maximum
Section 3.4.8
of this Specific
Plan
Ground Floor
Nonresidential
0’ minimum
2’ maximum
Nonresidential Facade Height at
or near Street
Frontage
Minimum height for nonresidential building facades at or near the street
frontage, measured to the top of the façade. For single story buildings, a
false front or parapet should be used to achieve this minimum height. Where
exterior frontage height varies along the building frontage, the minimum
height shall be considered to be the average height of the building frontage.
Section 3.4.8
of this Specific
Plan and
Figure 3.9
N/A 25’ minimum 25’ minimum 25’ minimum
Ground Floor Building Design
Ground Floor The amount of the ground level wall area directly visible from the street Figure 3.8 of
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Table 17.21.030.1: GARVEY AVENUE SPECIFIC PLAN DISTRICT DEVELOPMENT
STANDARDS
Specific Plan Standards GSP-OS/P GSP-R/C GSP GSP-MU Comments
Blank Walls allowed to be left blank. The ground level wall area is defined as that portion of the building elevation from grade to a height of 9 feet. this Specific Plan
25% maximum
Ground Floor Wall
Glazing
The area of ground level wall area that must be glazed with clear glass
display windows and entries.
Nonresidential: 50% minimum Residential: 40% minimum Section 3.4.5 and 3.4.8 of this Specific
Plan and
Figure 3.7
Setbacks for Light, Air, and Privacy
Setbacks
Front N/A
Nonresidential:
No minimum
Residential: 10’
No minimum
Nonresidential: No
minimum
Ground Floor
Residential: 10’
Side – Adjacent to
Nonresidential
Use or Zoning
District Other Than R-1 and R-2
N/A 5’ minimum
No minimum 5’ minimum
Side – Adjacent to
Existing
Residential, School, or Park Use
N/A 10’ minimum
Side – Adjacent to
R-1 or R-2 Zoning
District
All residential, nonresidential, and mixed use developments shall have a side
variable height when abutting R-1 or R-2. This specifies a setback minimum
of 10’ from the property line, with the height increasing at a 60 degree angle from that point.
N/A 10’minimum
Rear N/A
Residential: The
lesser of 20’ or
20% of lot depth
Nonresidential:
20’ minimum if abutting residential,
otherwise no
minimum
required
20’ minimum if
abutting
residential, otherwise no minimum
required
20’ minimum if
abutting existing
residential use, school, or park, otherwise no
minimum required
Rear – Adjacent to
R-1 or R-2 Zoning
Districts
All residential, commercial, and mixed-use developments shall have a rear
variable height when abutting R-1 or R-2 zones. This specifies a setback
minimum of 25’ from the property line, increasing at a 60 degree angle from
that point.
Pedestrian-Friendly Auto Circulation & Access
Access Driveway Width One Way: 14’ minimum, 20’ maximum Two Way: 24’ minimum, 30’ maximum
Curb Cuts
1 curb cut/lot, if lot has less than 300 feet of property frontage.
1 curb cut/300’ of lot frontage, if lot frontage is greater than or equal to 300
feet. Example: 450’ lot frontage is allowed 1 curb cut; 600’ lot frontage is allowed 2 curb cuts.
Section 3.4.9
of this Specific
Plan and Figure 3.11
Frontage
Dedicated to 30% of lot frontage maximum 20% of lot
frontage maximum
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Table 17.21.030.1: GARVEY AVENUE SPECIFIC PLAN DISTRICT DEVELOPMENT
STANDARDS
Specific Plan Standards GSP-OS/P GSP-R/C GSP GSP-MU Comments
Parking and/or Driveways
Smart Parking Management
Vehicle Parking - Nonresidential
Restaurant N/A N/A
1 standard
sized parking
space/300 s.f.
Restaurants with
floor area less than 2,500 s.f.: 1 standard sized
parking space per
400 s.f.
Restaurants with
floor area greater than or equal to 2,500 s.f.: 1
standard sized
parking space per
200 s.f.
All stalls shall
be double
striped and
standard sized
Hotel N/A N/A N/A
1 standard sized
parking space per
living or sleeping
unit plus:
1 standard sized parking space for every 50 s.f. of
dance hall,
exhibition space,
meeting room;
1 standard sized parking space per 300 s.f. for
restaurant space;
and
1 standard sized
parking space per 400 sq. of all other uses within the
hotel
All stalls shall
be double
striped and
standard sized
Nonresidential
other than
Restaurant and
Hotel
N/A
1 standard sized
parking
space/300 s.f.
1 standard
sized parking
space/300 s.f.
1 standard sized
parking space/400
s.f.
All stalls shall be double striped and
standard sized.
The required
parking stalls
may include up
to 25% of the total stalls as compact
parking
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Table 17.21.030.1: GARVEY AVENUE SPECIFIC PLAN DISTRICT DEVELOPMENT
STANDARDS
Specific Plan Standards GSP-OS/P GSP-R/C GSP GSP-MU Comments
Vehicle Parking –
Residential
(includes guest
parking)
N/A
For residential
developments,
the project shall
provide no less
than 1.0 standard
sized parking space/dwelling unit, and no more
than 1.5 standard
sized parking
space/dwelling
unit.
In addition to the residential
spaces described
above, 0.5
standard sized
parking
space/dwelling unit is required guest parking.
Parking provided
for residential
uses must be
covered, secure, and separated from parking provided for
nonresidential
uses. Guest
parking may be
uncovered.
N/A
For residential developments, the
project shall
provide no less
than 1.0 standard
sized parking
space/dwelling unit, and no more than 1.5 standard
sized parking
space/dwelling
unit.
In addition to the residential spaces described above,
0.5 standard sized
parking
space/dwelling
unit is required
guest parking. Parking provided
for residential
uses or the
residential
component of a
mixed use structure must be covered, secure, and separated
from parking
provided for
nonresidential
uses. Guest parking may be uncovered.
All stalls shall
be double stripped and standard sized.
The required
parking stalls
may include up
to 25% of the total stalls as compact parking.
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Table 17.21.030.1: GARVEY AVENUE SPECIFIC PLAN DISTRICT DEVELOPMENT
STANDARDS
Specific Plan Standards GSP-OS/P GSP-R/C GSP GSP-MU Comments
Bicycle Parking
See RMC Section 12.32.030 (B).
See RMC
Section
12.32.030 (B).
Bicycle parking
spaces provided for residential use must be covered, secure,
and located
separately from
bicycle parking
spaces provided for nonresidential uses.
See RMC Section 12.32.030 (B).
See RMC Section 17.28.030(D)(2)(c).
Landscaping and Open Space
Landscaping N/A
For residential
developments,
the project shall provide a minimum of 20%.
For commercial
developments,
the project shall
provide a minimum of 6%.
6% minimum 6% minimum
Usable Public
Open Space –
Nonresidential Uses or Nonresidential Component of
Mixed Use
N/A 5% of total parcel area, minimum Section 3.4.11 of this Specific Plan
Required Landscaping of Public Open
Space for
Nonresidential
Uses or
Nonresidential Component of Mixed Use
N/A
40% of usable
public open
space, minimum
40% of usable
public open
space, minimum
50% of usable
public open
space, minimum
Section 3.4.11 of this Specific Plan
(Additional
landscaping
may be
required outside open space areas)
Usable Private
Common Open Space – Residential Uses
and Residential
Component of
Mixed Use
N/A 150 s.f./dwelling unit minimum N/A 150 s.f./dwelling unit
minimum
Section 3.4.11 of this Specific
Plan
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Table 17.21.030.1: GARVEY AVENUE SPECIFIC PLAN DISTRICT DEVELOPMENT
STANDARDS
Specific Plan Standards GSP-OS/P GSP-R/C GSP GSP-MU Comments
Private Usable Open Space
Private open space must be open to air, not fully enclosed with walls. Private open space cannot be covered by a roof by more than 50% of the area; however, balconies can have up to 100% ceiling coverage. Private
open space includes balconies, patios, or yards.
N/A 75 s.f./dwelling unit minimum N/A 100 s.f./unit minimum
Section 3.4.11 of this Specific Plan
Private Open
Space Ground Floor Dimension N/A 8’ in any direction
minimum N/A 8’ in any direction
minimum
Section 3.4.11
of this Specific Plan
Private Open
Space Balcony
Dimension
N/A 5’ in any direction
minimum N/A 5’ in any direction
minimum
Section 3.4.11
of this Specific
Plan
B. Exceptions to Height Limit.
A 5’ bonus may be granted by the Planning Commission, upon recommendation from the
Community Development Director and in accordance with the requirements of Section
17.28.030(D)(13)(a)(2)(a), if it is determined that the additional height would provide unique
architectural elements that would enhance the project overall.
C. Building Placement
1. Buildings shall be placed on the street frontage property line or front setback line.
2. Lots located in the GSP-R/C or GSP zones must place 60 percent of the building on the property line
(nonresidential) or setback (residential), illustrated in Figure 17.21-1. For the GSP-MU district, this
percentage increases to 75 percent.
3. When the building frontage is on Garvey Avenue, a second floor’s building overhang (drip line) may
be considered the building frontage if the outdoor ground floor contains a restaurant dining space
or pedestrian plaza. The outdoor dining space or the outdoor pedestrian plaza must be designed for
such use and include both decorative hardscape and landscape.
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Figure 17.21-1 Building Placement
4. The Review Authority may grant exceptions for:
a. A narrow lot under 50’ in which a 24’ driveway is necessary because no side street, alley, or
easement can provide access to required parking on the rear of the lot or site;
b. The initial phases of a multi-phased building project that will occupy the entire frontage upon
completion.
D. Building Design
1. Modulation. All buildings constructed in the Garvey Avenue Specific Plan area shall be designed
to maximize the privacy of the adjacent homes, backyards, and residential neighborhoods. New
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buildings and additions to existing buildings shall incorporate at least one or more of the
following types of modulation.
a. a. Façade plane modulation is required. The wall plane of street-facing façades shall be
modulated a minimum of 18 inches perpendicular to the plane at least once every 60 feet, as measured along the property line. Façades should be modulated with elements including but
not limited to vertical and horizontal breaks in the building façade plane, setbacks at upper
levels, changes in material or color, use of ornament, changes in height, and incorporation of
other design elements that create differentiation in the architecture to create visual and
architectural interest, see Figure 3.6.
Figure 17.21-2 Façade Plane Modulation
E. Glazing and Windows
Street-facing facades of all buildings shall incorporate glazing (windows) and openings providing light to
adjacent spaces, rooms, and uses, shown in Figure 17.21-3As outlined in Table 17.21.03.1, windows and
openings facing streets shall constitute a minimum of the following percentage of street-facing building
faces:
1. Fifty (50) percent of the wall for nonresidential ground floor uses;
2. Thirty (30) percent of the wall for nonresidential upper floor uses;
3. Forty (40) percent of the wall for residential ground floor uses; and
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4. Thirty (30) percent of the wall for residential upper floor uses.
Figure 17.21-3 Minimum Building Glazing
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F. Design of Roof and Skyline Forms.
1. Penthouses, parapets, stair and elevator enclosures, and air conditioning units and mechanical
equipment shall be fully integrated into the overall architectural design and expression of the
building or addition through the use of equivalent materials and colors that match the overall
design.
2. All rooftop mechanical components shall be fully screened from the view of public right-of-ways
or residentially zoned properties.
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G. Building Entrances
For parcels fronting Garvey Avenue, the primary entrance to a ground floor use shall face Garvey
Avenue. Residential uses should have their own on-street entrance, while nonresidential uses abutting
Garvey Avenue shall provide at least one street-facing, pedestrian-priority entrance that shall serve as
the primary entrance to the business.
1. Interior space shall be arranged to orient toward the Garvey Avenue entrance as the primary
entrance. Signage shall be used to direct persons toward the primary entrance. Street-facing
nonresidential entrances shall be unlocked and accessible to the public during business hours.
2. Residents of a mixed use development shall have a separate and secure on-street pedestrian
access to the residential units.
3. On street frontages, ground-related entrances shall occur at least once every 150 feet, as
measured along the front property line. Ground-related entrances include entrances to ground-
floor uses, residential units, clusters of residential units, lobbies, or private courtyards.
4. Pedestrian walkways or sidewalks shall connect all primary building entrances to one another.
Pedestrian walkways shall also connect all onsite common areas, parking areas, storage areas,
public open spaces, and recreational facilities.
5. Elevated walkways, skyways, and bridges between buildings are limited. Elevated walkways,
skyways, and bridges between buildings are allowed under the following conditions:
a. Elevated walkways, skyways, or bridges shall connect buildings located internally to a site.
Elevated walkways, skyways, or bridges shall not connect buildings located on Garvey
Avenue, San Gabriel Boulevard, nor be adjacent to an existing residential use.
b. An elevated walkway, skyway, or bridge is only allowed to facilitate resident access to an
adjacent buildings’ recreational amenity.
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c. Each building shall be connected to no more than one other building.
d. A maximum of one elevated walkway, skyway, or bridge is permitted per building. For
example, if an elevated walkway connects two buildings on their third floors, no other
elevated walkway is permitted to connect any other on any other floor.
e. Elevated walkways, skyways, or bridges shall not cross over a street, public park, or public
open space.
H. Ground Floor Design
1. Ground floor design shall be high-quality, pedestrian-oriented, and sensitive to the use.
a. Ground Floor Residential Units. In mixed use settings, ground floor residential dwelling units
are allowed on any lot and on any street frontage, provided storefronts and usable
commercial space are located along a minimum of 50 percent of the length of the building
frontage adjoining Garvey Avenue. Storefronts and usable nonresidential spaces shall
comply with all standards and guidelines in Rosemead’s Mixed-Use Design Guidelines.
b. First Floor Elevation, Nonresidential uses: The first habitable floor shall be located no more
than two feet above or below the existing grade at any point along a street property line.
c. First Floor Elevation, Residential use: The first habitable floor of a residential-only building
shall be located at least two feet above existing grade and no more than three feet along a
street property line.
d. The minimum height of nonresidential ground floor spaces shall be 14 feet. The minimum
height of residential ground floor spaces shall be 10 feet. This height shall be measured from
the floor of the first story to the floor of the second story. If there is no second story, the
height shall be measured to the top of roof, see Figure 17.21-4
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Figure 17.21-4 Building Height
e. Storefronts and usable nonresidential space shall be located along the required ground floor
street frontages of buildings per Table 17.21.030.1of this Chapter and have a minimum
usable depth of 40 feet along 60 percent of the length of the building frontage and in no
case be less than 20 feet in depth. At a corner lot where storefronts and nonresidential uses
are required, storefronts and nonresidential spaces shall turn and wrap around the corner
for a minimum length of 20 feet, see Figure 17.21-5.
f. Use of mirrored and reflective glazing materials and glass is prohibited. At the ground floor
of buildings where the use is nonresidential, use of clear glass is required. After installation,
clear glass windows at the ground floor of nonresidential uses shall not later be treated so
as to become opaque or to be blocked so as to prevent visibility of the ground floor interior
from the sidewalk.
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Figure 17.21-5 Minimum Usable Depth
g. Security Elements and decorative grillwork at ground floors
1. Upward rolling, side folding, or moveable security grills and elements shall not be installed on
the exterior side of ground floor and street-facing storefronts, windows, openings, entries, and
facades.
2. On the interior side of ground floor and street-facing storefronts, windows, openings, entries
and facades, upward rolling, side folding, or moveable security grills and elements are allowed.
3. Such devices should utilize dedicated interior side pockets and ceiling cavities such that the grill
and all mechanisms associated with the security element are not visible from the adjacent
public right-of-way or sidewalk; Regardless of installation method, such devices shall be at least
80 percent open to perpendicular view.
4. Fixed decorative grillwork and railings are allowed at the ground floor and shall be at least 80
percent open to perpendicular view.
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I. Parking Standards and Driveways
Required parking shall be determined by the standards outlined in Table 17.21.030.1of this Chapter.
Parking standards and driveways shall comply with the following requirements:
1. Surface parking along Garvey Avenue is not allowed in the front of buildings. Surface parking in
the rear of a lot shall be permitted.
2. Notwithstanding the requirements of Table 17.21.030.1, partially subterranean and fully
subterranean parking may extend to street-fronting property lines. For corner lots, surface
parking lots shall be accessed from a side street or alley.
3. Residential parking may share an entrance with nonresidential parking, but shall be separate
from the nonresidential parking area, with access restrictions where necessary.
4. For parcels of less than 300 feet in length, only one vehicular access point may be permitted. For
all other lot frontages, a maximum of one vehicular access point for each 300 feet of street
frontage is permitted, see Figure 17.21-6.
Figure 17.21-6 Curb Cuts
Page 100
5. Parking that is visible from streets or sidewalks or located along rear, side, or interior lot lines
shall be buffered from the street, sidewalk, or lot line by a minimum five-foot in-depth
landscape buffer
6. Openings to tuck-under parking spaces shall not be visible from the street or from an adjacent
property.
7. Tandem parking within allowed parking areas may be allowed with an AUP for multi-family
projects and the residential component of mixed use projects.
J. Loading Space
On the same premise with every building, structure, or part thereof erected or occupied for goods
display, wholesale or retail, hotel, restaurant, or other similar use involving the receipt or distribution of
materials or merchandise via trucks or vans, a minimum of one off-street loading space for each 6,000
square feet of building floor area dedicated to the retail, commercial, hotel, restaurant use is required
for the standing, loading, and unloading services in order to avoid interference with the public use of
adjacent streets or alleys. Required loading space shall not be included within the required parking
space adjacent to a building or structure.
K. Open space and Recreation
Each type of open space has a different purpose and user; the requirements for one type of open space
cannot be satisfied by another.
1. Usable Public Open Space
a. All open space shall be public unless parcel location does not allow public access.
b. High-quality porous pavers, porous concrete or other porous paving materials shall be used
for all plazas and hardscape.
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c. Community Benefit Incentives are available for providing more open space than is required,
see 17.21.040
d. Usable public open space does not include libraries, gymnasiums, nor recreation rooms.
e. All required usable public open space shall be developed and professionally maintained in
accordance with approved landscape and irrigation.
2. Usable Private Common Open Space
a. All usable common open space shall be conveniently located and readily accessible from all
residential units in a residential or mixed use development.
b. Each usable common open space shall have no side with a dimension of less than 10 feet
and may incorporate any areas of the site except where it is within five feet of public rights-
of-way, private streets or alleys, and shall not include or incorporate any driveways or
parking areas, trash pickup or storage areas, or utility areas.
c. There shall be a minimum distance of 15 feet measured horizontally between any swimming
pool and the nearest point of any balcony, porch, second story patio, sun deck, or other
architectural feature of a building or structure with windows, doors, or other openings of
sufficient size to permit the passage of persons.
d. Courtyards internal to a project, or enclosed on at least three sides, shall have a minimum
width of 40 feet, and shall be landscaped with a ratio of hardscape to planting not exceeding
a ratio of one square foot of landscape to one square foot of hardscape. Pools and spas shall
be excluded from this ratio.
e. All required usable common open space shall be developed and professionally maintained in
accordance with approved landscape and irrigation.
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3. Usable Private Open Space
a. No portion of any private patio or balcony shall be used for the permanent storage of
rubbish, junk, clotheslines, or garbage receptacles. "Permanent storage," as used in this
subsection, means the presence for a period of 48 or more consecutive hours on a patio or
balcony.
b. Private open space must be open air, not fully enclosed with walls. Private open space
cannot be covered by a roof by more than 50 percent of the area; however, balconies can
have up to 100 percent ceiling coverage.
L. Signage Standards
All signage shall comply with guidelines outlined in the Garvey Avenue Master Plan, with the exception
of mixed-use projects, which shall follow the sign standards outlined in Title 17, Article 2, in Section
17.28.030. Bi-lingual signage is allowed. When storefronts use bi-lingual signage, Nonresidential signage
shall identify the type of business (e.g. “restaurant”, “market”) in the English language and should be
clearly located in the center of the storefront signage.
M. Condominium Subdivision Standards
1. Nonresidential and residential condominiums are permitted in the GSP-R/C and GSP-MU zones.
All condominium subdivisions within the Garvey Avenue Specific Plan area, whatever the parcel
size, shall be processed and developed in accordance with the provisions of the development
standards and requirements set forth in this Garvey Avenue Specific Plan. Existing provisions in
Rosemead’s Zoning Code relating to Procedure and Submittal Requirements (RMC Section
17.36.050), Development Standards (RMC Section 17.36.060), and Condominium Conversions
(RMC Section 17.36.070) also apply as general development guidelines.
2. All condominium applications shall include:
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a. Proposed Site Plan
b. Preliminary Grading Plan
c. Preliminary Landscaping Plan
d. Preliminary Lighting Plan
e. Preliminary Master Sign Plan
f. Proposed Condominium Documents
g. Delineation of Shared Spaces and Access
h. Other Information that the Community Development Director determines may be necessary
to evaluate the proposed project to ensure consistency with the Garvey Avenue Specific
Plan, Rosemead’s General Plan, the Zoning Code, and other applicable City regulations and
requirements.
Earned community benefit incentives may be applied over entire project area, even if the property is
subdivided for residential condominiums or other financing purpose, with the approval of the
Community Development Director.
17.21.040 Community Benefits Incentives
Community Benefit Incentives are provided to allow developer and property owners to increase the
development potential if community benefits are identified as part of the development application,
constructed as part of the project development, and operated in perpetuity. Restrictions and/or
covenants are required to be recorded on the property to ensure the benefits or amenities provided to
earn the Community Benefit Incentive are maintained in perpetuity. Benefits can be obtained in two
ways – Affordable Housing and Senior Housing (See 3.4.3.1) or Garvey Avenue Community Benefit
Program 17.21.040 (B).
A. Density Bonus for Affordable Housing, Senior Housing
1. A residential or mixed-use development that includes five or more dwelling units and meets one
or more of the following criteria is entitled to a density bonus and one or more incentives under
State Government Code Section 65915:
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a. Ten (10) percent of the total units of a housing development for lower income households,
as defined in Section 50079.5 of the State Health and Safety Code.
b. Five (5) percent of the total units of a housing development for very low income households,
as defined in Section 50105 of the State Health and Safety Code.
c. A senior citizen housing development, as defined in Sections 51.3 and 51.12 of the State
Civil Code, or Mobile Home Park that limits residency based on age requirements for
housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code.
d. Ten (10) percent of the total dwelling units in a common interest development as defined in
Section 1351 of the State Civil Code for persons and families of moderate income, as defined
in Section 50093 of the State Health and Safety Code, provided that all units in the
development are offered to the public for purchase.
2. Density bonuses for residential developments shall also apply for any residential or mixed
use buildings in the Garvey Avenue Specific Plan area, under RMC Section 17.12.030, and as
outlined in RMC Table 17.12.030.2.
3. If a density bonus under State Bill 1818 is granted, density or intensity bonus associated
with the provision of Community Benefits will not be granted.
4. Concessions considered by the City for projects complying with SB 1818 shall not include an
increase in height beyond the 75-foot limitation. An increase in height above the 75-foot
limitation would create significant adverse impacts on the Garvey Avenue Specific Plan area.
B. Garvey Avenue Community Benefit Program
The Garvey Avenue Community Benefit program allows for substantial redevelopment or new
development projects to have an increased residential density and/or nonresidential intensity with the
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provision of specific community benefits. The Garvey Avenue Community Benefit Program is applicable
to all parcels within the Garvey Avenue Specific Plan Corridor. However, if a density bonus is granted in
accordance with Senate Bill 1818, a density or intensity bonus associated with the provision of
Community Benefits will not be granted.
The Garvey Avenue Community Benefit Program is based on a point system, detailed in full in the
Garvey Avenue Specific Plan. Each community benefit type is assigned a number of Community Benefit
points, as described in Table 3.5. A project may earn points from a single or multiple categories,
depending on the project applicant’s preference. The number of Community Benefit points earned is
then translated into the increased density or FAR. The increase varies by zone and land use type as
shown in Table 3.6. Table 3.6 indicates the maximum density or FAR permitted.
The types of community amenities or benefits eligible to receive the Community Benefit Incentive, as
shown in Table 3.5, are: public open space above the required, public park, ADA park amenities, public
parking above the required, lot consolidation, siting taller buildings within in the center of the proposed
development, project sustainable design, project alternative energy production, “family friendly”
development, and provision of an economic feasibility study for uses other than hotel and mixed use.
Additional types of community benefits and associated incentives may be determined by a Rosemead
City Council resolution adoption.
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Table 3.5 Community Benefit Amenities and Associated Points
Type of Benefit Provided for the Community Benefit
Incentive
Maximum Points Basis for Calculating Points
Public Open Spaces/Public Parks
Exceeding Open Space
and Park Standards as set
forth in this Specific Plan or
other City of Rosemead plan or document.
74 Public open spaces are defined as an open space area that is intended for use by all members of the community throughout
the day. Public spaces may occur in the form of plazas,
courtyards, parks, parklets, and greenways. If a courtyard or
outdoor space is intended for a specific private use (such as a
singular restaurant), then the space is not a “public open space” but rather a “private outdoor dining area”. In this case, the outdoor space would not be eligible for community benefit.
Walkways or sidewalks used for pedestrian travel are not
eligible for community benefit.
If public spaces are privately-owned, these open spaces must
be maintained by the property owner(s) and must remain open to the public at all times. Public spaces may also be deeded to the City to become public plazas or parks and under the management of Rosemead’s Parks and Recreation
Department, with the City of Rosemead’s approval and
acceptance.
30 Pts: For 10% or more of the site area provided the open space and/or park is landscaped with drought tolerant turf and shrubs, provides shade trees and shade structures, shaded
seating areas, bicycle racks, and trash receptacles.
OR
50 Pts: For 15% or more of the site area provided the open space and/or park is landscaped and amenities provided as described above, and additional amenities are provided such
as: stage, band shell, play structures, public restrooms.
24 Pts: For each Accessible or Inclusive Playground
Equipment designed and constructed in accordance with ADA
requirements, 4 points will be awarded. Equipment qualifying for this bonus includes: ramps with a1:12 slope and transition decks, safety surfaces, ADA swings, ADA slide and play structure, ADA drinking fountains, ADA picnic tables, ADA
benches, up to a maximum of 24 points.
Alhambra Wash Public
Park or Open Space
45 25 Pts. For the capping of the Alhambra Wash and
development of usable, landscaped park space
25 Pts. For the development, landscaping, and maintenance
of a public park
Up to a maximum of 45 points. Density or intensity bonus must be applied to a single building
or structure located immediately adjacent to the Alhambra
Wash and shall not be applied to other buildings or structures
on the parcel.
Public Parking
50 2 Pts: For every 1 standard sized parking space marked for
public use and permanently available for public use, provided
the project meets the minimum number of required public and
private spaces, per this Specific Plan or the City of Rosemead
up to a maximum of 50 points.
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Table 3.5 Community Benefit Amenities and Associated Points
Type of Benefit Provided for the Community Benefit
Incentive
Maximum Points Basis for Calculating Points
Lot Consolidation 35 For every one or more parcels or lots that are consolidated to form a single parcel or lot and the lot consolidation is
recorded with the City of Rosemead, 35 points will be
awarded for each final parcel or lot.
Taller Buildings Center of
Development
40 40 Pts: If buildings fronting Garvey Avenue, fronting San
Gabriel Boulevard, or adjacent to existing residential uses are
no more than 48’ tall.
Sustainable Design 70 40 Pts: If 50% or more of total building roof is an accessible,
operational eco roof.
30Pts: LEEDTM Platinum or equivalent (third-party
certification required) 20 Pts: LEEDTM Gold or equivalent (third-party certification
required)
The increased density or intensity will be granted to the
qualifying building not the entire development or site area.
Alternative Energy
30 30 Pts: If 25% of total building energy load is provided by
solar panels or other on-site renewable sources, provided the
other on-site sources are approved by the City of Rosemead, local energy regulators, and local air quality district, as appropriate.
Family Friendly Development
50 30 Pts: Projects providing more than 10 percent of housing units as three bedroom or larger units.
20 Pts: 1 point for each 15 sq. ft. per unit of common area
open space above the required minimum as stated in this
Specific Plan, provided the common area open space
contains at least two of the following: tot lot play equipment
(swings, slide, climbing structure), community garden, or library, up to a maximum of 20 points.
Economic Feasibility Study 10 10 Pts: Provided the economic feasibility study is prepared
by a reputable professional economic or market analysis firm, the City of Rosemead affirms economic feasibility study author’s credentials and economic feasibility study’s findings,
and the economic feasibility study supports the proposed land
use. The economic feasibility study Community Benefit is
applicable to uses other than hotel and mixed use.
Retail Component of Mixed
Use Development Sites
20 20 Pts: In order to provide for significant opportunities for
national and regional retail tenants, a bonus shall be granted
if the non-residential component of a mixed use site provides
for tenant space with an average size of 2,000 square feet or more (minimum size of 800 square feet for each tenant space), then the maximum percentage of 65% residential to
35% commercial will receive a 5% increase in residential to
make the split 70% residential to 30% commercial.
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Table 3.6 Community Benefit Incentive Maximum FAR or Density
Maximum FAR or Density Permitted With the Provision of Community Benefits
Community
Benefit
Points
Earned
GSP-R/C Zone GSP Zone
GSP-MU Zone
Commercial
Land Use
Mixed Use Land
Use
FAR Density FAR FAR FAR Density
0 0.75 7 0.75 0.75 1.6 25
1-20 0.8 11 0.8 0.8 1.78 32
21-40 0.85 14 0.85 0.85 1.96 39
41-60 0.9 18 0.9 0.9 2.14 46
61-80 0.95 21 0.95 0.95 2.32 53
81-100 1.0 25 1.0 1.0 2.5 60
101-115 N/A N/A N/A 1.0 2.68 67
116-130 N/A N/A N/A 1.0 2.86 74
130 and above N/A N/A N/A 1.0 3.0 80
Chapter 17.24 - SPECIAL PURPOSE ZONING DISTRICTS
Sections:
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.
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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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
Table 17.24.020.1
USES IN SPECIAL PURPOSE DISTRICTS
Land Use
Requirements by
District Specific Use Regulations
O-S P
Agricultural and Horticultural Uses P —
Propagation, Growing and Storage of
Nursery Stock P —
Christmas Tree Farms, and Turf Farms P —
Hiking Trails, Public P A
Parks and Recreation Facilities, Public P —
Parks and Recreation Facilities, Private CUP —
Landscaping P A
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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
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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
Development
Feature
Requirements by Zoning District
O-S P P-D
Minimum Lot Area None 20,000 sq. ft. 1 ac.
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Minimum Lot
Width/Depth None 50 ft. None
Maximum Floor
Area See General Plan See General Plan See General Plan
Setbacks
Front 10 ft. 10 ft. None
Front (Adjoining
Residential Zone) 15 ft. 15 ft. 20 ft.
Side 10 ft. 10 ft. None
Side (Adjoining
Residential Zone)
When side abuts side or rear of residential R zone, school or park a setback equal
to side yard setback of residential R zone shall be required for building line of
main structure. Setback area may be used to comply w/ parking requirements.
Rear 10 ft. 10 ft. 10 ft.
Rear (Adjoining
Residential Zone)
When rear abuts side or rear of residential R zone, school or park a setback equal
to side yard setback of residential R zone shall be required for building line of
main structure. Setback area may be used to comply w/ parking requirements.
Height 20 ft. None None
Height (Adjoining
Residential Zone) Variable Height Limit Requirement per Section 17.08.050.I
Parking In accordance with Chapter 17.112 (Off-Street Loading and Parking)
B. District Specific Requirements. In addition to the general development requirements listed in Table 17.24.030.2, Special Purpose District Development Standards, the following development standards
apply to specific commercial districts as shown:
1. O-S District Requirements.
a. Development Review. Projects proposed within the Open Space (O-S) District shall be subject to applicable review procedures as set forth in Article 5 Land Use and Development
Application Procedures of this Title.
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b. Supplementary District and Temporary Use Regulations. For sign, parking, fence, swimming
pool, and similar regulations for the Open Space (O-S), see Article 4 Supplemental
Standards of this Title.
C. District Improvements. All such parking areas shall be improved and maintained in accordance with
the provisions of Chapter 17.112 (Off-Street Parking and Loading).
D. P-D District Requirements.
1. This zone is designated to accommodate various types of development such as shopping centers, professional and administrative areas, multiple housing developments, single-family residential
developments, commercial service centers and industrial parks and other uses or a combination
of uses which can be made appropriately a part of planned development.
2. A Planned Development zone may be established to provide diversification in the location of
structures and other land uses while insuring compliance with the General Plan and compatibility
with existing and future developments in surrounding areas.
3. Development within the P-D zone shall be subject to the provisions of Section 17.24.040 of this
chapter.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
1. Planned development zones shall be created in the same manner as property is reclassified from
one zone to another as set forth in Chapter 17.152.
2. An application for change of zone to a P-D zone shall include and be accompanied by a precise
development plan, which if approved by the Planning Commission and City Council, shall become
a part of the Zoning Map of the City.
3. The Planning Commission may recommend to the City Council approval or disapproval of the P-
D zone and precise development plan as submitted, or modification, alteration, adjustment,
amendment or conditional approval of the development plan. The decision of the Planning Commission shall include a finding as to whether the proposed development is consistent with
the General Plan.
C. Approval of Development Plan. The Planned Development Review application shall set forth the name
and address of the property owner and the description of the property. In addition, application shall be
accompanied by a precise development plan which shall include the following details:
1. Location of each existing and location and dimensions of each proposed structure in the site, the
use or uses to be contained therein, the number of stories, gross building and floor area, location
of entrances and loading points thereof.
2. Location of proposed parks, playgrounds, school sites, public buildings and other such uses within
the zone.
3. All streets, points of access, curb cuts, garage door locations, driving lanes, parking areas, and
in commercial developments, the ratio of off-street parking to building floor area, loading area,
public transportation points, and illumination facilities for same.
4. All pedestrian walks, malls and open areas for the use of occupants and members of the public.
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5. Location, height and material of all walls and fences. Location and height of all screen planting in
front, side and rear yards.
6. Types of surfacing, such as paving, turf or gravel, to be used at the various locations.
7. Landscaping and tree planting plan including type and location of plant materials to be used and
an irrigation plan, in accordance with the City's Water Efficient Landscape Ordinance.
8. Plans and elevations of structures indicating architectural, building materials and construction
standards.
9. The gross land area of the site and of the footprints of the structures, and land use of the area
within three hundred (300) feet of the perimeter of the site, including the location of structures and other improvements.
10. Such other information as may be required by the Community Development Department to assist in the consideration of the development plan.
11. A map or grading plan showing the proposed grading and topography of the site.
12. Such application shall be processed and heard in accordance with the provisions of Article 5,
Chapter 17.120 (Applications and Processing). The Planning Commission and City Council may impose reasonable conditions to the approval of the development plan.
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, 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.
1. A P-D zone shall include a parcel of land containing not less than one 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
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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.
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. Nonresidential Planned Developments. Additional conditions containing reasonable regulations
regarding traffic flow, access driveways, off-street parking, signs, walls, fences, paved areas, planting
areas and other open areas may be required by the Planning Commission to assure a reasonable and
compatible development in harmony with, and not detrimental to, the surrounding area.
I. Signs Permitted in the P-D Zone. Other than as specifically set forth in this section, Chapter 17.116
(Signs) shall apply to the P-D zone.
1. Building Directory Signs. One 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. Freestanding Signs. One freestanding sign for each commercial business, provided that the total
area of any one sign shall not exceed one hundred (100) square feet.
a. Total height of any freestanding 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 freestanding signs shall not project into any public right-of-way.
J. Parking. Parking requirements shall be as provided in Chapter 17.112 (Off-Street Parking and
Loading).
K. Building Permits—Issuance.
1. No building permit shall be issued until the precise development plan is approved by the Planning
Commission and the City Council.
2. Building permits shall be issued for plans substantially in accordance with the approved
development plan.
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,
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within one 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 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 of this section.
3. If a project is to be developed in preapproved phases, the development plan for the property shall
include conditions related to the phasing of development.
4. If the project also involves the approval of a tentative map, the phasing shall be consistent with
the tentative map and the Development Plan shall be exercised before the expiration of the
tentative map, or the development plan shall expire and become void and of no further effect.
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 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 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
Chapter 17.28 - OVERLAY ZONES
Sections:
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.
Page 116
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.
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.28.020 - Design overlay zone.
A. Jurisdiction.
1. No building permit shall be issued for any building structure or other development of property or
appurtenance thereto, on any property for which a precise plan of design is required, until the
precise plan of design covering the parcel or parcels to be so used shall be approved and adopted
as herein provided. Design review procedures shall be followed for all improvements requiring a
building permit or visible changes in form, texture, color, exterior facade or landscaping.
a. Exceptions. The following development shall be exempt from the design overlay standards:
1) Residential, Commercial, Industrial, and Institutional. Minor structural repairs and
maintenance to existing residential, commercial, industrial, and institutional structures
provided such minor maintenance and repairs meet the standards of the underlying
zone. Minor repairs and maintenance to nonconforming structures shall comply with
Chapter 17.72 (Nonconforming Uses, Structures, Lots, and Parking Facilities).
2) Commercial. Additions to existing commercial structures provided such additions do not
exceed fifty (50) percent of the existing floor area or two thousand (2,000) square feet,
whichever is less, and do not affect the front facade of the building.
3) Industrial. Additions to existing industrial structures provided such additions do not
exceed fifty (50) percent of the existing floor area or two thousand (2,000) square feet,
whichever is less, and do not affect the front facade of the building.
B. Application filing, processing, and review.
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1. Application Filing. An application for a Design Review shall be filed and processed in compliance
with Chapter 17.120 (Applications and Processing). The application shall include the information
and materials specified in the handout for Design Review applications, together with the required
fee, as established by City Council resolution. It is the responsibility of the applicant to provide
evidence to support the findings required by Subsection "C" (Findings and Decision) below. Initial
review of the application, including time requirements and requests for information, shall be
provided in accordance with Section 17.120.070 (Initial Application Review and Completeness).
2. Application Review.
a. Each application for a Design Review shall be reviewed to ensure that the application is
consistent with the purpose of this chapter; applicable development standards and
regulations of this Zoning Code; and any adopted design guidelines and policies that may
apply. Upon receipt of a complete application, the applicable review authority shall review the design, location, site plan configuration, and the effect of the proposed development on
surrounding development by comparing the project plans to established development
standards, regulations, and applicable design guidelines.
b. If the Community Development Director determines that the plans conform to the provisions
of this chapter, and the policies adopted by the City Council hereunder, the Community
Development Director shall endorse his or her approval thereon in writing to the Planning Commission for them to approve, conditionally approve, or deny. When the plans for an
approval do not substantially alter the appearance of the property, the only approval required
shall be that of the Community Development Director. Non-substantial alterations include,
but are not limited to:
1) Façade or exterior improvements for property maintenance (inclusive of color changes
that are primary building colors of existing buildings on the street);
2) Fences and walls;
3) Landscaping;
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 Subsection "C" (Findings and Decision), below.
3. Standards of Review. When reviewing development plans that are subject to a Design Review,
the following criteria, in addition to other principles of good design, shall be considered as part of
the review:
a. Compatibility. Compatibility shall be determined by use of the following criteria:
1) The proposed development should protect the development site as well as surrounding
properties from noise, odor, vibration, and other impacts that might have an adverse
impact.
2) The location and configuration of structures should minimize interference with the
privacy and views of occupants of surrounding structures.
Page 118
b. Architectural Design and Detail. Architectural design and detail shall be provided in all
proposed development and shall be determined by the use of the following criteria and in
compliance with all other applicable provisions of this Zoning Code:
1) New structure design is encouraged to follow a recognized and established architectural
style utilizing massing, materials, details, and similar elements of that style.
2) Long, plain, building walls should be avoided by incorporating building articulation (e.g.,
arcades, decks, material variation, porches, public art, roofline variation, varied
setbacks, and windows) and other similar methods.
3) Roof-mounted equipment shall be fully screened. Acceptable methods of screening
may include parapet walls or some other creative feature such as an architectural
solution. Individual equipment screens may only be used for structures after all other
methods of screening have been explored.
4) Rooflines on a structure should create design interest and be compatible throughout
the structure and also with existing structures and surrounding development.
5) The design of the structures, driveways, landscaping, lighting, loading facilities, parking
areas, signs, solar facilities (except for solar energy systems under Chapter 15.10) and
other site features should show proper consideration for the functional aspects of the
site (such as, automobile, pedestrian and bicycle circulation) and the visual effect of the
development on surrounding areas.
6) Amenities (such as, arbors, architectural lighting, fountains, hardscape, public art, and
trellis) and other design features should be provided on larger development projects.
7) Green building practices should be used whenever feasible.
8) Electrical rooms with switchgear and similar items should be located within an electrical
room and integrated into the building footprint.
9) Interior roof access shall be used.
c. Landscape, Lighting, Parking, Signs, and Other Design Details. Landscaping, lighting,
parking, signs, and other design details shall be provided in all proposed development and
shall be determined by use of the following criteria:
1) Equipment and Utilities.
a) Utility boxes and other similar equipment should be located where they are well
screened from public view.
b) Mechanical equipment on the site shall be appropriately screened from view.
2) Fences/Walls.
a) Fencing, walls, solid waste enclosures, and accessory structures should be
harmonious with the principal structure and other structures on the site.
3) Landscaping. Landscaping should be designed in a way as to accent the property.
Special effort should be given to colorful, creative, and varied planting designs that use native and native-compatible species that provide visual interest and water efficiency.
Attention shall be given to selecting parking lot trees that provide shade. All landscaping
shall conform to the provisions of Chapter 13.08 (Water Efficient Landscapes).
d. Lighting.
1) Lighting shall be located so as to avoid glare and to reflect the light away from adjoining
property and rights-of-way while recognizing the importance of security.
2) Wall-mounted lighting fixtures should be decorative and be compatible with the
architectural style of the structure(s). Wall packs and fixtures that spread uncontrolled
light shall be prohibited.
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3) Pole-mounted lighting should be of an appropriate scale to compliment the structure
that it serves. Wherever possible, decorative poles and fixtures should be used.
C. Findings and Decisions. The Planning Commission or the Community Development Director where
authorized, may approve, approve with conditions, or disapprove any application based on the
following criteria:
1. The plans indicate proper consideration for the relationship between the proposed building and
site developments that exist or have been approved for the general neighborhood;
2. The plan for the proposed building and site development indicates the manner in which the
proposed development and surrounding properties are protected against noise, vibrations and
other factors which may have an adverse effect on the environment, and the manner of screening
mechanical equipment, trash, storage and loading areas;
3. The proposed building or site development is not, in its exterior design and appearance, so at
variance with the appearance of other existing buildings or site developments in the neighborhood
as to cause the nature of the local environment to materially depreciate in appearance and value;
4. The proposed building or structure is in harmony with the proposed developments on land in the
general area, especially in those instances where buildings are within or adjacent to land shown
on the General Plan as being part of the Civic Center or in public or educational use, or are within
or immediately adjacent to land included within any precise plan which indicates building shape,
size or style;
5. The proposed development is in conformity with the standards of this Code and other applicable
ordinances in so far as the location and appearance of the buildings and structures are involved;
and
6. The site plan and the design of the buildings, parking areas, signs, landscaping, luminaires and
other site features indicates that proper consideration has been given to both the functional
aspects of the site development, such as automobile and pedestrian circulation, and the visual
effect of the development when viewed from the public streets.
D. Appeals. The applicant or any person aggrieved by the decision of the Planning Commission may file
an appeal to the City Council on any ruling by the Planning Commission by filing a written request in
compliance with appeal procedures outlined in Chapter 17.160.
E. Issuance of Other Required Permits and Approvals.
1. Grading shall not be commenced and no structure shall be altered, enlarged, erected, moved, or
rebuilt subject to the provisions of this chapter, except in compliance with the approved
development plans and the conditions imposed on the review.
2. Expiration. Construction of improvements permitted by a Design Review approval shall be
"exercised" or commenced within twelve (12) months of the actual date of approval, provided that
this time limit may be increased or decreased, at the time of granting the approval, in order to
allow the time limit to be concurrent with any other entitlement to construct identified in this Zoning
Code.
3. Extension. An extension of time for a Design Review maybe granted by the Planning Commission
upon the written request of an interested person filed with the Community Development Department prior to the expiration of such 12-month period. Such request shall set forth the
reasons, supported by factual data, why the plan has been unused, abandoned, or discontinued.
No extension of time shall be granted unless the Commission finds the facts to be substantially
true as set forth and to constitute justifiable cause for such extension. A fee shall be paid to the City upon the filing of each request for an extension in an amount established by the City Council
from time to time by resolution, for the purpose of defraying the expenditures incidental to the
proceedings set forth in this chapter.
(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 954, § 3, 8-11-15)
Page 120
17.28.030 - Residential/commercial mixed-use development overlay (RC-MUDO) zone.
A. Applicability.
1. The RC-MUDO is an overlay zone, which may be applied to existing zoning districts as designated
in the General Plan.
2. Land classified in a RC-MUDO overlay zone shall also be classified in another zone. When such
a district is established, the Residential/Commercial Mixed-Use Development Overlay Zone shall
be shown as an overlay to the underlying districts by the designation of RC-MUDO on the zoning map. A RC-MUDO may overlay several base districts, however, the uses permitted in each base
district are limited to the boundaries of that base district, except as otherwise provided herein.
The RC-MUDO Zone district shall provide the option of developing under the base zone district
or developing a residential/commercial mixed-use development under the overlay zone.
3. Residential/commercial mixed-use development shall be a development that combines and
integrates residential uses with commercial, institutional, and office uses utilizing a strong
pedestrian orientation. The mix of uses may be combined in a vertical residential/commercial
mixed-use building or combined in separate buildings located on one property and/or under
unified control. The mix of uses percentage shall be as designated in the General Plan.
B. Approval Procedure.
1. A precise plan of design for a residential/commercial mixed-use development shall be submitted,
and approved in accordance with the requirements of Chapter 17.28, Section 17.28.020 (Design
Overlay (D-O) Zone).
2. The Site Plan and Design Review must comply with the provisions of this chapter and the Mixed-
Use Design Guidelines.
3. Only one application for a Site Plan and Design Review shall be required for a
residential/commercial mixed-use development in the D Design Overlay Zone.
C. Permitted Uses.
1. The following uses are permitted in a residential/commercial mixed-use development: retail stores
and businesses, provided there is no manufacturing, processing or treatment of products other
than what is clearly incidental to the retail business conducted on the premises, and not more
than twenty (20) percent of the floor area of the building shall be used in the manufacturing, processing or treatment of products, and that such operations or products are not objectionable
due to noise, odor, dust smoke, vibration or other similar causes;
• Art studios;
• ATM facilities subject to the requirements of Section 17.28.030.E.2;
• Bakery products shops;
• Banks, savings and loan associations, and financial institutions, excluding check cashing or
other pay day loan services;
• Barber shops, beauty shops and manicure parlors;
• Book stores;
• Clothing and shoe stores;
• Confectionery retail shops;
• Department and variety stores;
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• 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 office supply stores;
• Photographic studio, supply shop, or film pick-up and drop-off point;
• Radio and television stores and repair;
• Restaurants, take-out and other eating establishments;
• Retail sales of automotive parts without installation and no outside storage;
• Self-service laundries subject to the requirements of Section 17.28.030.E.5;
• Shoe stores or shoe repair shops;
• Tailor, clothing or wearing apparel shops; and
• Travel agencies.
2. The following professional and business office uses are permitted in a residential/commercial
mixed-use development:
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• Accountant;
• Acupuncturist and acupressure, without massage or retail sales;
• Advertising agency;
• Architect;
• Attorney;
• Auditor;
• Bookkeeping service;
• Business consultant;
• Chiropodist;
• Chiropractor;
• Dental office;
• Engineer;
• Governmental buildings and offices;
• Insurance agency;
• Optician;
• Optometrist;
• Ophthalmologist;
• Osteopath;
• Physician;
• Psychiatrist, Psychologist, or Counseling Services;
• Real estate broker;
• Secretarial service;
• X-ray technician.
3. Similar professional business uses may be permitted subject to the Community Development Director making the findings set forth in Section 17.04.040.
4. The following uses shall be the only uses for which a Conditional Use Permit may be applied for and granted in a residential/commercial mixed-use development:
• Any commercial use that operates after midnight;
• Any eating establishment with outdoor seating;
• Any establishment having an off-sale license for alcoholic beverages;
• Any establishment having an on-sale license for alcoholic beverages;
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• Commercial recreation and entertainment;
• Convenience markets subject to the requirements of Section 17.28.030.E.3; and
• Libraries and museums.
5. Residential units shall be permitted in a residential/commercial mixed-use development provided
that the densities shall be consistent with the General Plan.
6. Location of Uses.
a. Commercial uses shall be permitted on the ground floor or second floor in a
residential/commercial mixed-use development.
b. Commercial uses shall not be permitted above any professional and business office uses or
residential uses.
c. Professional and business office uses shall be permitted above the commercial component
of a street frontage building, behind the commercial component on the first floor or on second
floor or above with same use street frontage but below any residential uses in a
residential/commercial mixed-use development.
1) Exception. If a residential/commercial mixed-use development is located at corner that
abuts a local residential street, professional office uses may be permitted on the first
floor within the portion of the development that abuts the local residential street,
provided that the corner tenant is reserved for a commercial retail use.
d. Residential uses shall be located either above the commercial and/or office components of
a street frontage building or located behind the commercial or office component on any floor
where there is a distinct separation of uses and access, provided pedestrian connections
are furnished as part of a unified development theme.
D. Development Standards.
1. Public Realm and Streetscape.
a. Public Sidewalks. The following shall apply to public sidewalks:
1) The minimum building setback shall be twelve (12) feet as measured from the curb
face, and shall be in the form of both existing right-of-way and a recorded pedestrian
access and utility easement;
2) The minimum building setback area shall include a minimum seven-foot wide detached
sidewalk (clear zone) and a minimum five-foot wide parkway (amenity zone) adjacent to all streets. The amenity zone shall be located between the curb face and the clear
zone. The clear zone shall be located between the building and the amenity zone;
3) The sidewalk in the clear zone shall be constructed of concrete, comply with ADA
accessibility standards and be subject to the review of the City Engineer;
4) The clear zone shall be unobstructed by any permanent or nonpermanent element for
a minimum width of seven feet and a minimum height of eight feet; and
5) The amenity zone shall include street trees, landscaping, public signs, public art, street
lighting, street furniture, and other pedestrian-oriented amenities, as appropriate.
b. Street Trees.
1) All species of mature oak trees shall be preserved or otherwise dealt with in accordance with Article 4, Chapter 17.104.
2) The removal of other mature trees shall be subject to the review and approval of the
Urban Forester.
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3) Mature street trees that are approved for removal by the Urban Forester shall be
replaced with a minimum of three new mature box trees that have at least a 24-inch box
and are the same species of the replaced mature street trees or a species approved by
the Urban Forester. The City reserves the right to increase the number of trees if it
deems necessary in order to compensate for mature tree loss.
4) The amenity zone shall be planted with street trees at an average spacing not greater
than thirty (30) feet on center.
c. Transit Stops.
1) Transit stops shall be designed as integral elements of a residential/commercial mixed-
use development by collocating them with pedestrian-oriented amenities, such as
pocket parks, courtyards, plazas, etc., whenever possible.
2) When an existing transit stop is located on a sidewalk adjacent to the location of a
development, a shelter for transit patrons shall be constructed that:
a) Incorporates architectural features of the development and is compatible with the
development; and
b) Includes a shelter, bench and lighting.
d. Corner Lot.
1) On intersection corners, where both streets have four lanes:
a) Building architecture on intersection corners, where both streets have four lanes or more, shall receive special treatment to enhance the pedestrian experience, and
create visual interest and focal points at the entryways, such as, but not limited to,
building cut-offs and corner entrances with additional architectural detail,
decorative landscaping, hardscape, planters, canopy, overhang or other architectural covering over the building entry; and
b) Buildings shall have a five-foot angled corner setback measured from both intersecting property lines.
2) On intersection corners, regardless of the number of lanes on each street:
a) Retail and office uses within buildings facing two or more streets shall have at least
one customer entrance facing the primary street and one customer entrance facing the second street or instead of two entrances, a corner entrance; and
b) Buildings on corner lots shall address both streets with an equal level of architectural detail.
e. Outdoor Seating.
1) No permanent seats or structures shall be placed in the public right-of-way without the
review and approval of the City Engineer.
2) Outdoor seating furniture shall not be located within the clear zone without prior review
and approval of the City Engineer.
3) Outdoor seating furniture shall be a minimum of ten (10) feet from the nearest transit
stop.
4) Any outdoor dining area may be separated from the sidewalk only with planters, shrubs,
or fencing with a maximum height of forty-two (42) inches.
f. Undergrounding of Utilities.
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.
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2) Utility lines within the right-of way shall be placed underground to the maximum extent
practicable. The requirements of this section may be waived by thePlanning
Commission upon recommendation from the City Engineer if it is determined that
topographical, soil or any other conditions make such underground installations
unreasonable or impractical.
2. Site Design and Circulation.
a. Lot Size. The minimum lot size for a residential/commercial mixed-use development shall be
thirty thousand (30,000) square feet.
b. On-Site Tree Preservation.
1) All species of mature oak trees shall be preserved or otherwise dealt with in accordance
with Article 4, Chapter 17.104.
2) The removal of other mature trees shall be subject to the review and approval of the
Planning Commission.
3) Mature trees that are approved for removal by the Planning Commission shall be
replaced with new mature trees that have at least a 24-inch box and are the same
species of the replaced mature trees.
c. Bicycle Parking.
1) Bicycle parking spaces shall be equal to ten (10) percent of required off-street parking,
with a minimum of eight bicycle parking spaces per residential/commercial mixed-use
development. Bicycle parking facilities shall be:
a) Securely anchored to the lot surface so they cannot be easily removed and shall
be of sufficient strength to resist theft;
b) Separated by a physical barrier to protect the bicycle from damage by motor
vehicles if located within a vehicle parking area; and
c) Motor vehicle entrances shall display adequate signs to indicate the availability
and location of the bicycle parking facilities.
d. Access and Location of Off-Street Parking.
1) At-grade parking shall not be located between any building and the street frontage.
2) Vehicular access to corner lot developments shall be from an alley or from a side street.
3) Access to parking on interior lots shall have only one vehicular access, which shall not
be from the street if the lot abuts an alley. A second vehicular access may be allowed
for lots that have a street frontage of three hundred fifty (350) feet or more and do not
abut an alley. Developments on those lots may have additional driveways that are not
closer than three hundred (300) feet apart.
3. Parking Requirements.
a. Residential:
1) Two parking spaces shall be provided for every dwelling unit;
2) One guest parking space shall be provided for each two dwelling units in a multiple-
family dwelling project;
3) Residential parking shall be separate from commercial parking and accessed through
a secure gated entrance; and
4) A reduction in the number of residential parking spaces may be approved upon the
determination by the Planning Commission that a parking demand analysis prepared
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by a competent traffic and transportation engineer demonstrates, that the required
number of spaces exceeds actual expected demand.
b. Commercial.
1) The parking requirements shall be provided in accordance with Chapter 17.112; and
commercial parking shall be separate from residential parking by a secure gated entrance to the residential areas.
4. Separation of Access to Residential and Commercial. Access to floors with residential units shall be secure and through a locking gate or entryway.
5. Trash and Loading Areas. Trash and refuse collection, and recycling areas shall comply with the following provisions in addition to the requirements set forth in Article 3, Chapter 17.32 (Accessory
Structures).
a. All trash enclosures shall be fully enclosed with self-closing and self-latching doors, and each
enclosure shall accommodate both trash and recycling bins.
b. Trash enclosures shall be an integral part of the building design whenever possible.
c. Trash enclosures shall be of the same architectural style as the development.
d. Trash chutes are encouraged. However, chute access must be screened from public view,
be fully contained within a "chute closet" that is accessible by a self- latching door, and have a safety hatch that is necessary to pull in order to dispose of trash.
e. Loading areas shall be clearly designated.
f. Loading areas shall be screened from public view to avoid negative noise, visual, and
illumination impacts on the residential portion of the development and may be accomplished by the construction of six-foot high perimeter walls that are architecturally compatible with
the primary structures and on-site landscaping.
g. All screening walls shall be landscaped using vines, hedges, or other plant material
necessary to provide a minimum fifty (50) percent coverage.
h. Trash pick up and loading activities are permitted only during the hours of seven a.m. to
seven p.m.
6. Ground Floor Access.
a. Commercial uses that have street frontage shall be accessible to the public through the
street front entrance during all hours the business is open.
b. Residents of a development shall have a separate and secure street access to the residential
units.
c. Pedestrian walkways or sidewalks shall connect all primary building entrances to one
another. Pedestrian walkways shall also connect all on-site common areas, parking areas,
storage areas, open space, and recreational facilities.
7. Open Space and Recreation.
a. Usable Common Open Space.
1) Each residential/commercial mixed-use development shall have at least one hundred
fifty (150) square feet of usable common open space per dwelling unit.
2) All usable common open space shall be conveniently located and readily accessible
from all residential units in a residential/commercial mixed-use development.
3) Each usable common open space shall have no side with a dimension of less than ten
(10) feet and may incorporate any areas of the site except where it is within five feet of
public rights-of-way, private streets and alleys, and shall not include or incorporate any
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driveways or parking areas, trash pickup or storage areas, utility areas, or on any
rooftop where mechanical equipment is located.
4) Forty-five (45) percent of the required usable common open space shall provide active
recreation facilities such as recreational buildings, sports courts and swimming pools,
children's play areas, and barbeque and picnic areas. The remainder of the required
usable common open space shall be landscaped, accessible and available to all of the
residents of the residential/commercial mixed-use development for outdoor activities.
5) There shall be a minimum distance of fifteen (15) feet measured horizontally between
any swimming pool and the nearest point of any balcony, porch, second story patio, sun
deck, or other architectural feature of a building or structure with windows, doors, or
other openings of sufficient size to permit the passage of persons.
6) Courtyards internal to a project, or enclosed on at least three sides, shall have a
minimum width of forty (40) feet, and shall be landscaped with a ratio of hardscape to
planting not exceeding a ratio of one square foot of landscape to one square foot of
hardscape. Pools and spas shall be excluded from this ratio.
7) All required usable common open space shall be developed and professionally
maintained in accordance with approved landscape and irrigation plans.
b. Usable Private Open Space.
1) Each dwelling unit shall also have a private patio or balcony for usable private open
space that is not less than sixty (60) square feet in area, and shall have an average
depth of not less than five feet.
2) No portion of any private patio or balcony shall be used for the permanent storage of
rubbish, junk, clotheslines, or garbage receptacles. "Permanent storage," as used in
this subsection, means the presence for a period of forty-eight (48) or more consecutive
hours on a patio or balcony.
8. Landscaping.
a. A landscape and irrigation plan shall be prepared by a professional landscape architect and
shall be submitted and approved by the Planning Division along with the application for a
Site Plan and Design Review.
b. All usable open space, such as pedestrian walkways, separations between buildings, yard
areas, and common recreation areas shall be landscaped and provided with permanent,
moisture-sensing devices, control timer, and underground irrigation systems.
c. Said landscaping shall be developed in accordance with the submitted and approved
landscaping plan and shall include a plan for continued maintenance. The landscape plan
shall satisfy the following requirements:
1) The landscaping plan shall consist of a combination of trees, shrubs and groundcovers
with careful consideration given to size at maturity.
2) The minimum planting material size standards for identified landscaped or open areas
are:
a) Specimen size tree materials (30-inch box) shall be provided for the ultimate
coverage of no less than ten (10) percent of the area to be devoted to landscaping,
or ten (10) trees, whichever is greater.
b) Tree material (15-gallon) shall be provided for the ultimate coverage of fifteen (15)
percent of the area devoted to landscaping, or twenty (20) trees, whichever is
greater.
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c) All shrubs shall be a minimum of five gallons in size and shall be used to enhance
all entrances, walkways, building walls, and separation walls in a manner which
compliments the entire project.
3) The landscape and irrigation plan shall make use of moisture sensors and controlled
timing devices in regard to landscape irrigation concept for one hundred (100) percent
watering to all planted areas.
d. Landscape design must incorporate energy and water conservation measures, and comply
with RMC Chapter 13.08, Water-Efficient Landscapes, where applicable.
e. Non-deciduous trees shall be planted in uncovered surface parking lots at a minimum of one
tree per ten (10) spaces or to provide a fifty (50) percent shade canopy coverage within a
minimum of ten (10) years after planting. All trees within the parking area shall be a minimum
of 24-inch box size at planting. However, larger trees (e.g., 36-inch box and 48-inch box)
may be required by the Planning Commission. Each tree shall have a deep root watering
system and a root barrier.
f. The developer and subsequent owners shall be responsible for maintaining the landscaping
as shown on the approved plan. Maintenance shall include regular irrigation, weeding,
fertilizing, and pruning and replacement of dead materials.
9. On-Site Facilities.
a. A laundry area shall be provided in each unit, or a common laundry area shall be provided.
Such facilities shall consist of not less than one automatic washer and dryer for each five
units or fraction thereof.
b. A single area of private and secure storage space shall be provided for each dwelling unit.
Such storage may be co-located with a utility closet so long as the required storage space
remains clear of mechanical equipment and appurtenances, be located outside of the unit
accessible from a common hallway or balcony/patio, or in the garage, provided it does not
interfere with automobile parking.
10. Lighting.
a. A photometric survey (lighting plan) shall be approved by the Planning Commission for each
mixed-use development.
c. All residential/commercial mixed-use developments shall have exterior lighting that provides
adequate visibility at entrances, public sidewalks and open areas with a safe level of
illumination at night.
d. Exterior lighting shall be of low intensity and shielded so that light will not spill out onto
surrounding properties or project above the horizontal plane.
e. Lighting shall not blink, flash, oscillate or be of unusually high intensity of brightness.
Exposed neon or unshielded or uncovered lighting shall be prohibited.
f. Lighting for commercial uses shall be appropriately shielded to not negatively impact the on-
site residential units.
g. All lighting shall be integrated with landscaping wherever possible.
11. Walls and Fences.
a. A six-foot high masonry wall shall be constructed along the property line of any lot where construction of any residential/commercial mixed-use development is adjacent to property
zoned and or used for residential purposes. Said wall shall be limited in height to forty-two
(42) inches where it abuts the required front yard setback on the adjacent property zoned or
used for residential purposes.
b. Walls shall have a decorative texture that matches the walls of the development. Vines shall
be planted six feet apart along all masonry walls to soften a wall's appearance.
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c. Chain-link, wood fences, barbed wire, razor-wire, and spikes shall be prohibited.
12. Building Form.
a. Setbacks.
1) Interior Lot Lines. The minimum setback area from an interior side lot line may be zero
but shall be a minimum of ten (10) feet if more than zero. If the site abuts residential
uses, school or park a minimum 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.
(1) If the site abuts an alley, the minimum setback from the property line shall be ten (10) feet, provided the setback does not contain an egress or ingress
access way to or from a covered parking structure. If an egress or ingress
access way is provided to or from a covered parking structure, the minimum
setback from the property line shall be twenty (20) feet within the access way area.
4) Front.
a) The front setback on an arterial street may be zero with a maximum setback of
three feet.
b) In any case where the public sidewalk setback results in a greater setback, the
sidewalk setback shall prevail.
c) The setback area for the ground floor may be expanded beyond three feet up to
an additional ten (10) feet to provide enhanced building entrances, outdoor dining areas, courtyards, pedestrian arcades, and/or landscaping, etc.
5) Parking Lot Abutting Public Street. Any area of a surface parking lot that abuts a public street shall be set back from the sidewalk a minimum of ten (10) feet and screened by
landscaping and a decorative 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 years of planting.
b. Variable Height Setback. All residential/commercial mixed-use developments shall have a
variable height limitation when abutting R-1 and R-2 zones in accordance with Section 17.08.050.I.
c. Encroachments.
1) No part of the structure, permanent attachment or other similar architectural feature:
a) May extend into a required front, side or rear yard or minimum distance between
buildings for more than two feet; and
b) May extend into the public right-of-way without approval of an encroachment
permit.
2) Hedges or any other shrubs or landscaping shall not encroach onto a curb or sidewalk
or over a lot line.
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d. Building Mass.
1) The maximum floor area ratio (FAR) and the number of dwelling units per acre for any
residential/commercial mixed-use development shall be as established by the General
Plan and referenced below.
2) Mixed-Use: Residential/Commercial shall be developed with twenty-five (25) to thirty (30) dwelling units per acre and a maximum 1.6:1 FAR. The project shall consist of a
67-percent residential and 33-percent commercial land use mix. Deviations from the
land use percentage mix may be approved by the Planning Commission.
3) Mixed-Use: High Density Residential/Commercial shall be developed with forty (40) to
sixty (60) dwelling units per acre and a maximum 2.0:1 FAR. The project shall consist
of a 75-percent residential and 25-percent commercial land use mix. Deviations from
the land use percentage mix may be approved by the Planning Commission.
13. Height.
a. The maximum height of a residential/commercial mixed-use development shall be consistent
with the land use element of the General Plan as outlined below.
1) Mixed-Use: Residential/Commercial (twenty-five (25) to thirty (30) du/ac; three) stories)
shall have a maximum height of forty-five (45) feet.
2) Mixed-Use: High Density Residential/Commercial (forty (40) to sixty (60) du/ac; four
stories) shall have a maximum height of fifty-five (55) feet.
a) Maximum Height Limit Exception. The Planning Commission may allow the overall
height requirement, indicated as maximum feet in this section, to exceed the maximum by no more than five feet upon recommendation from the Community
Development Director if it is determined that the additional height would provide
unique architectural elements that would enhance the project overall.
14. Screening.
a. Rooftops should be designed in a way that acknowledges their visibility from other buildings
and the street. Equipment shall be screened on all four sides from both the street and
neighboring buildings using parapets or similar architectural features and from the top where
visible from an adjacent building of greater height.
b. Service and loading zones where visibility from public streets and views from neighboring
buildings and properties shall be screened by the use of decorative walls and/or dense landscaping that will serve as both a visual and a noise barrier.
15. Land Use.
a. Ground Floor Uses.
1) Notwithstanding Section 17.28.030.C.6.c.1), the ground floor uses on the street
frontage shall be commercial.
2) Outdoor seating may be allowed on private property with 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.
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2) A conditional use permit shall be required for commercial uses that operate after
midnight.
3) No use, activity or process shall produce continual vibrations or noxious odors that are
perceptible without instruments at the property lines of the site or within the interior of
residential units on the site.
16. Noise Abatement.
a. Loudspeakers, bells, gongs, buzzers, or other noise attention or attracting devices that exceed sixty (60) decibels between the hours of seven a.m. and ten p.m. or forty-five (45)
decibels between the hours of ten p.m. and seven a.m. at any one time beyond the
boundaries of the property or within office or residential uses on the floors above shall not
be permitted.
b. All windows in residential units in a residential/commercial mixed-use development shall be
double-paned.
c. Mechanical equipment shall be set back a minimum of four feet from any residential property
line and shall be insulated to prevent any noise disturbance.
d. Residential portions of the project shall be designed to limit the interior noise caused by the
commercial and parking elements of the development. Proper design may include, but shall
not be limited to, building orientation, double or extra-strength windows, wall and ceiling
insulation, and orientation and insulation of vents.
17. Architecture.
a. Ground Floor Facade.
1) There shall be articulated facades at the ground floor street frontage, which may include
such measures as indentation in plane, change of materials in a complimentary manner, and sensitive composition and juxtaposition of openings.
2) A building shall have no more than twenty (20) feet of continuous linear street-level frontage that is without windows or entrances or other architectural detail.
3) A minimum of fifty (50) percent of the ground floor facade facing any arterial street to a height of eight feet shall be visually transparent into the building or provide a minimum
depth of three feet for window merchandise display. Any deviation may be reviewed
and approved by the Community Development Director.
b. Window Placement. Windows of residential units in residential/commercial mixed-use
developments shall not directly face windows of other residential units within the
residential/commercial mixed-use development, unless there is a distance of eighty (80) feet or more between such windows. Windows of residential/commercial mixed-use
developments shall not directly face windows of residential units on lots that abut the
residential/commercial mixed-use development in order to maximize privacy.
c. Design Differentiation Between Floors. The area where the first floor meets the second floor
shall clearly define a change in materials, colors, and style between the first and second
floors.
18. Signs.
a. A uniform sign program shall be approved by the Planning Division for each
residential/commercial 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 square foot of sign area per one lineal foot of building frontage of each business.
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d. Pole signs shall be prohibited.
e. A monument sign shall be used only to identify multiple businesses in the commercial portion
of a residential/commercial mixed-use development based on the following criteria:
1) One-third square foot of monument sign area per one lineal foot of lot frontage with a
maximum of fifty (50) square feet.
2) The entire sign structure shall be considered as sign area.
3) The sign copy area shall not exceed sixty (60) percent of the background wall area.
4) All monument signs shall contain only the name of the development and/or the names
of the businesses.
5) Monument signs shall not encroach into any required landscaped setback area when
abutting open areas or encroach more than one-half the required landscaped setback
area when located in front of a building.
6) Sign copy shall be back-lighted or indirectly lighted.
7) The background wall of the monument sign shall not exceed six feet in height.
8) A maximum of one sign per development.
9) The monument sign shall be setback a minimum of three feet from the property line at
a location where the building is setback a minimum of ten (10) feet.
19. Roofline Variation.
a. Flat roofs are preferred and shall be screened with parapets on all sides of the building. If no
rooftop equipment exists or is proposed the parapet shall be a minimum of three feet in
height.
b. Where architecturally appropriate, sloped roofs shall provide articulation and variations to
divide the massiveness of the roof. Sloped roofs shall include eaves, which are a minimum
of eighteen (18) inches in width. Sloped roofs shall screen mechanical equipment by
providing a "roof-well", or by placing the equipment within the roof structure.
c. All rooflines in excess of forty (40) feet wide must be broken up through the use of gables,
dormers, plantons, cutouts or other appropriate means.
20. Awnings.
a. Awnings may encroach into the public right-of-way by extending over the sidewalk or
parkway with review and approval from the City Engineer and Building Official.
b. Awnings, arcades, and galleries may encroach into the sidewalk within two feet of the curb
but must clear the sidewalk vertically by at least eight feet.
c. Projections beyond the front or exterior side lot line of a corner lot shall require the review
and approval of the City Engineer and the Building Official.
21. Mechanical Equipment.
a. Wall-mounted equipment shall be flush with the exterior building walls and painted to match
the color of the exterior of the building and screened from the view of any public right-of-way.
Window-mounted air conditioners or exterior-mounted fans shall be prohibited.
b. Ground-mounted and pad-mounted mechanical or utility equipment and other such similar
equipment shall be screened from view from all public rights-of-way and adjacent properties by architectural building features, fencing or landscaping.
E. General requirements.
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1. Use of Green Construction Materials and Energy and Water Conservation Features. The following
types of green building practices are encouraged:
a. Developments that use materials composed of renewable, rather than nonrenewable
resources (green construction materials).
b. Developments that construct buildings that exceed minimum statewide energy construction requirements beyond Title 24 energy requirements.
c. Developments that employ passive heating and cooling design strategies to the maximum extent feasible. Strategies to be considered include orientation; natural ventilation, including
cross-ventilation in residential units, high insulation values, energy efficient windows
including high performance glass, light-colored or high-albedo (reflective) roofing and
exterior walls, window shading, and landscaping that provides shading during appropriate
seasons.
d. Developments that implement U.S. EPA Certified Water Sense labeled or equivalent faucets
and 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 feet into an alcove adjacent to the public sidewalk to provide
a privacy area.
c. Adequate lighting for the ATM shall be provided.
d. The ATM shall provide rear-view mirrors and cameras that can record activity and have
quality color video capabilities for surveillance purposes.
e. The ATM shall comply with ADA accessibility standards.
f. A trash receptacle shall be immediately accessible to the ATM.
g. ATMs and walk-up bank services are subject to the approval of the Planning Division.
h. When the ATM is removed, the structure's facade shall have a finished appearance
consistent with the existing structure, and be subject to the approval of the Planning Division.
3. Convenience Markets.
a. A convenience market in a residential/commercial mixed-use development shall be a market
or grocery store having an enclosed gross floor area of less than three thousand (3,000)
square feet and engaged primarily in the sale of a limited range of food items, a limited range
of household items, magazines, off-sale alcoholic beverages and similar items but not
including produce or fresh meat.
b. Convenience markets in a residential/commercial mixed-use development shall satisfy the
following criteria:
1) A convenience market shall be permitted with a conditional use permit.
2) No exterior vending machines shall be permitted.
3) No video, electronic or other amusement devices or games shall be permitted on the
premises.
4) No outdoor storage or stacking of shopping carts shall be permitted.
5) No storage, display, or sales of any merchandise, fixtures or other material shall be
permitted outside the building.
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4. Household Pets. If permitted by the property owner, or specifically allowed by the right granted in
the covenants, conditions and restrictions (CC&Rs) of the project, household pets subject to the
requirements of Title 6 of the Rosemead Municipal Code may be allowed in the residential units
of a residential/commercial mixed-use development.
5. Self-Service Laundries.
a. Any self-service laundry in a residential/commercial mixed-use development shall be
operated with at least one attendant on-site during all hours of operation.
b. The restroom facilities located within the self-service laundry shall remain locked at all times
until access is provided to customers by means of a key provided by the self-service laundry
attendant.
c. Signs shall be posted in a conspicuous place inside the self-service laundry that notifies
patrons that loitering, panhandling and/or the consumption of alcoholic beverages upon the
premises is prohibited.
d. Window signs shall not be permitted.
e. All laundry carts shall remain inside the building.
f. No video, electronic or other amusement devices or games shall be permitted in the self-
service laundry.
g. There shall be a maximum of three vending machines at the self-service laundry and all of
the vending machines shall be located inside the building.
h. Clear windows shall be provided at the entry and along the storefront to provide visibility into
the unit.
6. Special Activities.
a. The sale of any goods on a sidewalk or alley adjacent to a residential/commercial mixed-use development may be permitted in compliance with Chapter 17.76 (Outdoor Sales and
Garage Sales).
b. Traditional noncommercial holiday decorations that do not contain advertising shall be
permitted.
c. The display of no more than three of any of the following flags shall be permitted at the same
time at any single location on a residential/commercial mixed-use development:
1) The flag of the United States;
2) The flag of the state of California or its political subdivisions.
7. Used Goods.
a. Used goods, furniture, appliances, equipment and machinery may not be displayed or sold
unless such goods have been taken in trade on new sales made at the same location.
b. All sales of used goods, furniture, appliances, equipment and machinery shall be incidental
to the permitted uses of the overlay zone and shall be a minor part of the business conducted
on the premises.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
Article 3. - REGULATIONS FOR SPECIAL USES AND STRUCTURES
Chapter 17.30 - STANDARDS FOR SPECIFIC LAND USES
Sections:
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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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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. 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.30.030 - Adult businesses.
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;
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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.
3. The distances specified in this division section will be measured in a straight line, without regard to intervening structures, from the nearest property line of the premises in which the proposed
adult business is to be established to the nearest property line of a use or zoning classification
listed above.
C. Adult Business License Required. Adult businesses must obtain and maintain an adult business
license in compliance with all applicable requirements of Chapter 5.08 of this Code. Adult business
performers must obtain and maintain an adult business performer license in compliance with all
applicable requirements of Chapter 5.10 of this Code.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.30.040 - Alcohol beverage sales.
A. Purpose. The purpose of this section is to preserve a healthy and safe environment for residents and
businesses by establishing a set of consistent standards for the safe operation of retail alcohol sales
establishments. It is recognized that hospitality, entertainment, recreation and related businesses are
a significant part of the City's economy, and that alcoholic beverage sales are important to the
operation of these businesses. It is also recognized that alcohol abuse can create environments that
jeopardize the continued success of these businesses and seriously affect the health, safety, and general welfare in surrounding areas, particularly residential neighborhoods.
This section provides regulations to reduce the costly and harmful effects of irresponsible alcohol sales and consumption on the City, neighborhoods, local businesses, residents, law enforcement, medical care,
and educational, preventive, treatment and rehabilitation resources.
B. Applicability. The provisions in this Section shall apply to the sale of alcoholic beverages where allowed
in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and
the following standards.
C. Operating Standards. This Section establishes operational standards for defined establishments
involved in the sale of alcoholic beverages.
1. Alcohol Consumption on Premises Prohibited. Consumption of alcoholic beverages inside a retail
alcohol sales establishment, outside the building, or elsewhere outside on the premises shall be
prohibited.
2. Sales Activities. Alcoholic beverages shall not be sold:
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.
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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 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.30.050 - Automated teller machines (ATMs) and walk-up bank services.
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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 feet into an alcove adjacent to the public sidewalk to provide a privacy area.
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.30.060 - Automobile car wash (full service and self-service).
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 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. 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.
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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 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.30.070 - Automotive lube and tune facility.
A. Purpose. This Section provides standards for the establishment and operation of new automotive lube
and tune facilities and for the modification or expansion of existing facilities.
B. Applicability. The provisions in this Section shall apply to automotive lube and tune facilities as defined
in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following standards.
C. Development and Operating Standards.
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 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 feet high.
6. [Parking of Vehicles.] 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. [Outdoor Storage Prohibited.] 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
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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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.30.080 - Automotive service station.
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. The provisions in this Section shall apply to automotive service stations as defined in
Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning
Districts, Allowable Land Uses and Zone Specific Standards) and the following standards.
C. Physical Site Controls.
1. Street Frontage. The minimum street frontage of a service station site shall be not less than one
hundred twenty (120) feet on any street.
2. Lot Area. Minimum area required shall be not less than fourteen thousand (14,000) square feet.
3. Setbacks.
a. Minimum setbacks for any building shall be not less than ten (10) 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 (10) feet high may
extend to not less than two 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-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 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 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 feet wide, shall be located and maintained adjacent to every
street frontage, unless modification of this requirement is obtained from the Planning Commission.
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2) No less than one hundred (100) square feet of planting area shall be located and
maintained at the intersection of two property lines at a street corner.
3) Unless otherwise approved, raised planters, not less than three 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 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 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 percent of the gross service station site shall be landscaped.
d. Drainage and Pollution Control. Drainage shall be by underground structures to avoid
drainage across sidewalks or drive aprons. In addition, a service station shall incorporate pollution control best management practices (BMPs) designed to prevent or minimize runoff
of oil and grease, solvents, car battery acid, coolant, gasoline, and other pollutants into the
stormwater system. The Public Works Director shall approve drainage and pollution control
methods, if appropriate. All hazardous waste must be stored within an enclosed building or
underground tank. All waste materials shall be handled and disposed of in accordance with
local, state and federal laws and policies. No waste material shall be washed or poured into
any public alley, street, storm drain or sewer.
e. Permitted and Prohibited Activities.
1) Sale, Lease or Rental Items.
a) There shall be no sale or distribution of carbonated drinks, candy, coffee,
cigarettes, or other similar items, except from dispensers within or abutting the
building.
b) There shall be no sale or distribution of peat moss, fertilizer, toys or other
promotional items except from stock piles located within or to the rear of the
building.
c) No commercial vehicles over seven thousand five hundred (7,500) pounds (gross
weight), except vehicles operated by the permittee as a normal incidental service
station use, shall be permitted to be stored on the site between ten p.m. and six
a.m.
2) General Operation Standards.
a) All repair work shall be conducted within the enclosed building.
b) Parking areas and drive aisles shall remain unobstructed in a manner to provide
for vehicular maneuvering.
c) Vehicles to be repaired shall be stored or parked in designated areas only. Such
vehicles may not be located in the required off-street parking or landscape areas
nor on any public sidewalk, parkway, street or alley.
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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).
f. Access, Parking and Circulation Requirements.
1) Access Ways—Driveways.
a) Each developed site shall not have more than two access ways (driveways) to any
one street unless specifically approved by the Planning Commission.
b) Access ways shall not be located within five feet of any adjoining residential side
property lines.
g. Parking.
1) Two parking spaces shall be provided for each working bay in the building and one for
each employee on the largest shift.
2) No vehicles may be parked on sidewalks, parkways, driveways, alleys or planting areas.
h. Miscellaneous Provisions.
1) Signs as permitted by this Code, except when otherwise approved by the Planning
Commission:
a) There shall be no more than two 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 permanent and internally lighted double-faced signs may be
erected on fixed pipe supports, the overall height not to exceed seven feet, or in
lieu thereof one sign may be suspended from the station sign or column supporting
such sign, with at least seven feet of clearance from the ground level. Location of
such signs shall be first obtained from the Community Development Director.
d) Signs shall be placed to eliminate or minimize any glare, reflection or light on
adjoining property or buildings, or interference with vision of pedestrian or vehicular
traffic.
e) No blinking, flashing animated or giant statuary signs are permitted.
i. Hours of Operation.
1) Unlimited, except as otherwise provided by the Planning Commission.
5. Automotive-Related Uses (General Standards and Conditions of Approval).
a. Parking areas and drive aisles shall remain unobstructed in a manner to provide for vehicular maneuvering.
b. Vehicles to be repaired shall be stored or parked in designated areas only. Such vehicles may not be located in the required off-street parking or landscape areas nor on any public
sidewalk, parkway, street or alley.
c. All trash and debris shall be contained within approved trash enclosure(s).
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.30.090 - Body art.
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A. Applicability. This section shall apply to Body Art Establishments where tattooing and body piercing
are conducted, with the exception of tattoos, piercings or removal of tattoos performed by board-
certified medical or dental personnel within an office as part of a medical or dental procedure. Also,
piercings involving only the outer perimeter or lobe of the ear using a pre-sterilized single use stud and
clasp ear-piercing system performed as an ancillary use in conjunction with a permitted primary use
are exempt from the following requirements.
B. Development Standards. Body Art Establishments shall comply with the following requirements:
1. There shall be a minimum of forty-five (45) square feet of floor space for each procedure area.
The procedure area(s) must be separated from other functions including bathrooms and retail
sales areas, or any other area that may cause potential contamination of work surfaces.
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 eighteen (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 nine a.m. and nine p.m.
17.30.100 - Donation boxes - outdoor.
A. Purpose. The purpose of this Section is to regulate the placement of unattended donation boxes within
the city. The procedures and requirements of this chapter are enacted to:
1. Promote the community's health, safety, and welfare by regulating unattended donation boxes
for clothing or other salvageable personal property within the City;
2. Promote that unattended donation boxes do not pose a hazard to pedestrian and vehicular traffic;
3. Promote that material is not allowed to accumulate outside of the unattended donation boxes where it can be scattered by adverse weather conditions, animal contacts or human activities;
and
B. Applicability. The provisions in this Section shall apply to unattended donation boxes as defined in
Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning
Districts, Allowable Land Uses and Zone Specific Standards) and the following standards.
C. City Standards. Outdoor charitable donation boxes shall comply with all of the following location,
development, and operational standards.
1. No more than one donation box shall be allowed on a single site or shopping center.
2. No unattended donation box shall be placed within four hundred (400) feet from another
unattended donation box.
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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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.30.110 - Drive-through or drive-up facilities.
A. Purpose. The purpose of the following provisions is to provide location and operational standards for
retail trade or service uses providing drive-through and drive-up facilities to ensure that the facilities
are designed and operated to effectively mitigate problems of congestion, excessive pavement, litter,
noise, pedestrian safety, traffic, and unsightliness. (See Figure 17.30.100.1, Drive-Though Site
Planning.)
B. Applicability. The provisions in this Section shall apply to drive-through facilities as defined in Article
1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts,
Allowable Land Uses and Zone Specific Standards) and the following City standards.
C. City Standards. The Traffic Engineer may modify the following standards to accommodate specific site
conditions.
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 waiting vehicles and at least five 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 10-foot interior radius at curves and a minimum 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 square feet in area.
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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 feet to prevent headlight glare
from impacting adjacent streets, adjoining properties, and parking lots.
9. A minimum six-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-foot deep
landscaping strip shall be provided between the wall and any driveway.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.30.120 - Emergency shelters and 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 beds per establishment.
3. Maximum Length of Stay. The maximum length of stay of any person shall be six months.
4. Intake/Waiting Areas. On-site intake areas shall be enclosed or screened from the public right-of-
way and adjacent properties. Queuing within the public right-of-way or any parking area is not
permitted.
Field Code Changed
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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 seven a.m. and ten 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 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 parking spaces for clients and sufficient parking to
meet the needs of the shelter's on-site management. Nonoperational and unregistered vehicles
shall not be kept on site. Towing shall be the responsibility of the shelter operator.
9. Client Restrictions. Emergency shelter providers must screen for and refuse service to registered
sex offenders as part of their client intake process.
10. Security. Emergency shelter providers must submit a written security plan prior to beginning
operation that includes the hours of operation, intake/discharge procedures, screening of clients
prior to admission to the shelter, and provisions for on-site security guards, if any. A site plan shall
also be provided which clearly indicates parking areas, lighting, and the location of on-site walk-
in and client intake areas. The security plan shall be subject to approval by the Chief of Police.
11. Separation from Other Shelters. No emergency shelter shall be located within a radius of three
hundred (300) feet from the nearest shelter, as measured from property line to property line. This
requirement does not apply to Temporary Aid Centers.
12. Storage. For emergency shelters that accept walk-in clients, an enclosed area must be provided
for residents to store their belongings, such as bicycles, shopping carts, and other possessions.
C. Temporary Aid Centers.
1. Intake/Waiting Areas. On-site intake areas shall be enclosed or screened from the public right-of-
way and adjacent properties. Queuing within the public right-of-way or any parking area is not
permitted.
2. Lighting. Lighting shall be stationary, directed away from adjacent properties and public rights-of-
way, and of an intensity that is consistent with existing lighting in the neighborhood.
3. Noise. For the purposes of noise abatement, organized outdoor activities and intake of residents
in non-enclosed areas may only be conducted between the hours of seven a.m. and ten 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. [No Overnight Stays Provided.] Temporary aid centers will not provide facilities for overnight
stays.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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17.30.130 - Hotels and motels.
A. Purpose. The purpose of the following provisions is to provide development, location, and operating
standards for hotel and motel projects in the city of Rosemead.
B. Applicability. The provisions in this Section shall apply to hotel and motel uses as defined in Article 1,
Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following City standards.
C. City Standards. Hotels in the C-3, C-4, and CBD zones and motels in the C-3, and CBD zones shall be subject to the following conditions:
1. Lot Area. The minimum area of the parcel or lot shall not be less than thirty-nine thousand (39,000) square feet.
2. Lot Width. Each lot shall have a minimum frontage of not less than one hundred (100) feet on a major street as depicted on the circulation element of the general plan.
3. Maximum Coverage. The maximum lot coverage of all structures shall not exceed forty (40) percent of the total lot area.
4. Floor Area Ratio (FAR):
a. The FAR of a hotel or motel development must be consistent with the land use designation
in the General Plan. The General Plan permits additional FAR in the Commercial and High Intensity Commercial land use designations for hotels only.
b. Hotels only in the Commercial or High Intensity Commercial land use designation in the General Plan may be developed up to a maximum permitted FAR of 1.0:1 if the projects
meet the required development standards identified in the table below.
1) If a project in one of these land use designations does not meet all of the required
amenity standards described in the table below, a maximum FAR of 0.35:1 shall be
allowed.
2) A hotel project may substitute two additional amenities from the table below for each
required amenity.
Table 17.30.110.2
HOTEL AMENITY STANDARDS
Required Amenities Hotel
Business Center Service* Required
Complementary breakfast Required
In-room wired or wireless high speed internet Required
Additional Amenities:
Multi-function ballroom/meeting rooms Optional
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Restaurant or bar/lounge Optional
Concierge desk Optional
Convenience store/snack shop Optional
Daycare services Optional
Day spa/salon Optional
Fitness Center Optional
Florist or gift shop Optional
Laundry Service Optional
Pool or spa/Jacuzzi Optional
Reception Lounge Optional
Room Service Optional
Self-service laundry Optional
Valet Parking Optional
* Business Center Service includes guest access to centrally located computer, fax, and copy
machine.
5. Number of Rooms.
a. Hotels: Minimum fifty (50) rooms.
b. Motels: Minimum fifty (50) rooms.
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:
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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.
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 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.
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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.C.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 twenty-five (25) percent or seven thousand five hundred (7,500) square feet, whichever is less. The expansion itself must meet the requirements of this Title related to
setbacks, lot coverage, FAR, height, parking, security system requirements, and operational
standards in accordance with Chapter 5.42 of this Municipal Code, but is not required to
compensate for any deficiency or nonconformity in the original building or use. Expansions allowed by this section are allowed by right with no discretionary approvals, including but not
limited to a Conditional Use Permit or Design Review, required.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.30.140 - Internet cafés and game arcades.
A. Purpose. This Section provides location, development, and operating standards for Internet cafés and
game arcades.
B. Applicability. The provisions in this section shall apply to Internet café 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 cafés and Game Arcades as defined in Article 1 and where allowed in compliance with this chapter.
1. No Internet or cyber cafés 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 café/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 cafés and game arcades shall provide full-time adult attendants or supervisors, twenty-one (21) years of age or older, at a ratio of at least one 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 eight a.m. to ten p.m., Sunday through Thursday, and eight
a.m. to twelve 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 Café or Game Arcade while in the possession of, consuming, using, or under the influence of any alcoholic beverage or
drug.
a. No licensee or manager shall permit any person in possession of, consuming, using, or
under the influence of any alcoholic beverage or drug to enter or remain on the premises.
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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 ten 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 seat for every four 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.30.150 - Karaoke KTV studios.
A. Purpose. This Section provides development and operating standards for Karaoke KTV studios.
B. Applicability. The provisions in this Section shall apply to Karaoke KTV Studio uses as defined in Article
1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts,
Allowable Land Uses and Zone Specific Standards) and the following City standards.
C. City Standards. Karaoke Studios are subject to the following conditions:
1. No alcoholic beverages to be served or allowed on the premises at any time. A sign reading "No
Alcoholic Beverages Permitted" in lettering no less than four inches in height and printed in
English, Chinese, Cantonese or Mandarin, Vietnamese and Spanish shall be conspicuously
posted at no less than two 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.
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3. All doors to Karaoke rooms shall remain unlocked and be incapable of being locked. The doors
will have a minimum 24-inch wide by 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.30.160 - Large and small family day care facilities.
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 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.
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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 Marshal.
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-foot high solid decorative fence or masonry wall shall be constructed and properly
maintained along all property lines or around the area where outdoor care is provided
(as deemed appropriate by the Community Development Director), except in the front
setback area, in compliance with the requirements of Chapter 17.68 (Fences, Walls,
and Landscape Screening).
2) Fences or walls shall provide for safety with controlled points of entry.
e. Play Area and Equipment. Outdoor play area(s), including all stationary play equipment, shall
be located in the rear area of the parcel.
f. Separation.
1) A large family child day care home proposed within a residential zone shall not be
located within a 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 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 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 six a.m. and eleven p.m. and may only
conduct outdoor activities between the hours of seven a.m. and nine p.m.
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i. No Exterior Evidence. There shall be no exterior evidence, advertising, or signage identifying the
large family child day care home.
j. Inspection required.
1) Before commencing operation of a large family child day care home, the City Building
Inspector shall conduct an inspection of the premises on which the large family child day care home is to be operated to ensure that there is no unpermitted building, electrical, and/or
mechanical improvements to the property.
2) The property owner shall obtain and finalize all required building permits for all unpermitted
construction on the premises before commencing the onsite operation of a large family day
care home.
k. Issuance of Large Family Day Care Home Administrative Use Permit. The Community
Development Director shall issue the Large Family Day Care Home Administrative Use Permit
before the operation of the large family child day care home begins, once the operator has
demonstrated compliance with Health and Safety Code Section 1597.46(d), this Section, all
applicable City ordinances, and any regulations adopted by the State Fire Marshal.
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 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 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.30.170 - Outdoor dining.
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). Chapter 17.21 governs the regulations for
Sidewalk Dining within the Garvey Avenue Specific Plan.
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.
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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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.30.180 - Recycling facilities.
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 various types of recycling facilities (e.g.,
reverse vending machine(s) and small collection facilities).
B. Permit Required. No firm, person, or corporation shall permit the placement or installation of any
recycling facility without first obtaining either an Administrative Use Permit or Conditional Use Permit
from the City pursuant to the provisions set forth in this Section.
C. Applicability. The provisions of this Section shall apply to recycling facilities as defined in Article 1
(Purpose and Applicability of Zoning Code) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following standards.
D. Location, Development and Operation Standards. Recycling facilities shall comply with the following requirements:
1. Reverse Vending Machines. Reverse vending machine(s) intended solely for recycling purposes shall be allowed in compliance with all of the following standards:
a. Reverse vending machines shall be installed as an accessory use in conjunction with a principal commercial use or community service facility which is in compliance with the
zoning, building, and fire codes of the City.
b. If located inside a primary structure, the machines shall be within thirty (30) feet of the
entrance and shall not obstruct pedestrian circulation.
c. If located outside the primary structure, the number of machines shall be limited to a
maximum of two. The machines shall not occupy required parking spaces, shall be
constructed of durable waterproof and rustproof materials(s), and shall be placed in a
manner that is properly designed and constructed in terms of architectural treatment and security from vandalism, subject to the approval of the Community Development Director.
d. Reverse vending machines shall not occupy parking spaces required by the primary use.
e. Reverse vending machines shall occupy no more than fifty (50) square feet of floor space
per installation, including any protective enclosure, and shall be no more than eight feet in height.
f. The area in front of the machines shall be illuminated to ensure comfortable and safe
operation, if operating hours are between dusk and dawn.
g. The machines shall have operating hours which are consistent with the operating hours of
the principal use.
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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 square feet per machine, exclusive
of operating instructions.
j. The area surrounding the reverse vending machines shall be maintained in a clean, litter-
free condition on a daily basis. A trash container shall be located near the machine to prevent
littering.
2. Small Collection Facilities. The following standards shall be applicable to small collection facilities.
a. Small collection facilities shall be established in conjunction with an existing commercial use
or community service facility which is in compliance with the zoning, building, and fire codes
of the City.
b. Small collection facilities shall not exceed two hundred (200) square feet in area, not
including space periodically used for removal of materials or exchange of containers.
c. Small collection facilities shall be set back at least ten (10) feet from any public right-of-way
and shall not obstruct pedestrian or vehicular circulation.
d. The facility shall not be located within one hundred (100) feet of any parcel zoned or occupied
for residential use.
e. Small collection facilities shall accept only glass, metals, plastic containers, which have a
CRV value, and other household beverage containers (i.e., plastic milk containers, wine
bottles, etc.).
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. 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.
2) Signs must be consistent with the character of the location.
3) Directional signs that contain no advertising message may be installed with the approval
of the Planning Division if necessary to facilitate traffic circulation, or if the facility is not
visible from the public right of-way.
k. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during
hours when the mobile unit is scheduled to be present. The mobile recycling units shall only be
parked within the marked area.
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l. Small collection facilities shall be maintained free of litter and any other undesirable materials.
The area used for mobile facilities shall be swept at the end of each collection day.
m. Noise levels shall comply with the noise standards of this Code.
n. The facility shall not impinge upon or disturb the required landscaping for the principal use on the
property.
o. If the facility has an attendant, one parking space will be required in addition to the required
parking for the principal use. No additional customer parking spaces will be required.
p. Small collection facilities and any required attendant parking may occupy required parking spaces
associated with the principal use on the site only if the following conditions are met. The maximum number of spaces, if such a reduction in required parking is allowed, is indicated in Table
17.30.190.1 (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 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—49 3
50—99 4
100+ 5
In Conjunction with Community Facility Principal Use
Maximum reduction of 5 spaces
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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.
b. Large collection facilities shall be screened from the public right-of-way by operating within
an enclosed building or within an area enclosed by a solid, decorative, block wall at least six feet in height. All applicable noise standards stipulated in this Code shall be met. If a block
wall enclosure is used, it shall be set back at least ten (10) feet from property line and the
setback area shall be permanently landscaped and maintained.
c. All exterior storage of material shall be in either baled or palletized form, or in sturdy
containers which are covered, secured and maintained in good condition. Storage containers
for flammable material shall be constructed of nonflammable material. No storage, excluding
truck trailers or overseas containers, may be visible over the height of the block wall.
d. The site shall be maintained free of litter and any other undesirable materials, and shall be
cleaned of loose debris on a daily basis. A trash container shall be located near the facility
to prevent littering.
e. Parking and turn-around space shall be provided on-site in an amount adequate to serve the
anticipated peak customer load or five vehicles, whichever is higher, to circulate and to
deposit recyclable material.
f. One 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 seven p.m. and seven a.m.
i. Any containers provided for after-hours donation of recyclable materials shall be at least one
hundred (100) feet from any property zoned or occupied for residential use. The containers
shall be of sturdy, rustproof construction, shall be of sufficient capacity to accommodate
materials collected, and shall be secure from unauthorized entry or removal of materials.
j. Donation areas shall be kept free of litter and any other undesirable material, and the
container shall be clearly marked to identify the type of material that may be deposited. The
facility shall display a notice stating that no material shall be left outside the recycling
containers.
k. The facility shall be clearly marked with the name and phone number of the facility operator
and the hours of operation. Identification and informational signs shall meet the standards of
the zone, and directional signs, bearing no advertising message, may be installed with the
approval of the Community Development Director, if necessary to facilitate traffic circulation,
or if the facility is not visible from the public right-of-way.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.30.190 - 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:
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"Second Dwelling Unit" means a detached or attached dwelling unit that provides complete
independent living facilities for one or more persons. It includes permanent provisions for living, sleeping,
eating, cooking and sanitation on the same parcel as where existing qualified primary dwelling unit is
situated.
"Single-story Second Dwelling Unit" means a second dwelling unit that is no higher than fifteen (15)
feet from ground level.
Second dwelling units shall not be considered to be an accessory structure.
C. Single-Story Second Dwelling Units - Requirements.
1. In an R-1, R-2 or R-3 zone, an attached or detached one-story second dwelling unit shall be permitted by the Community Development Director or the Community Development Director's
designee subject to an administrative site plan and design review approval if the application meets
all of the following requirements set forth in this section.
2. The one-story second dwelling unit shall:
a. Be located on a residential lot that meets the following minimum lot size and which has only
one existing single-family unit thereon:
1) R-1 zone: Six thousand (6,000) square feet.
2) R-2 zone: Six thousand (6,000) square feet.
3) R-3 zone: Five thousand (5,000) square feet.
3. Be a permanent structure on a permanent foundation and contain accommodations for living,
sleeping, eating, cooking and sanitation separate from the primary dwelling on the same lot.
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- or two-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 400-square foot
efficiency unit shall be permitted.
7. Be restricted so that one of the two 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 so that privacy of adjacent lots is not impinged. Windows shall
be above eye level, shall face toward the existing primary residence or the street, or shall be screened from view from adjacent lots.
10. Not result in or contribute to a floor area ratio greater than what is permitted in the zone in which
it is located.
11. Not be higher than the primary unit, unless it is an attached second-story second unit, in which
case it is subject to the conditional use second unit permit provisions.
12. Have four hundred (400) square feet of usable outdoor living area with a minimum dimension of
fifteen (15) feet in any direction and not including parking areas, driveways, front or rear setback
areas, or outdoor living area required for the primary residential unit on the lot.
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13. Be permitted only when the primary unit has the parking required by this Title.
14. Have one enclosed parking space for an efficiency or one-bedroom unit, and two enclosed spaces
for a two-bedroom unit.
15. Meet the setback and lot coverage requirements of the zone in which it is located.
16. Not be sold separately from the primary unit.
17. Be subject to all single-family development fees and permits.
18. Meet the following design criteria:
a. Be of the same architectural style as the primary unit.
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.
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 (10) percent less than the lower story.
5. If a detached unit, be no higher than the primary unit.
6. If on an alley, may be allowed tandem parking within a garage as an option if tandem parking will
result in a unit that (a) faces the alley and (b) has a garden or landscaped area facing the alley. This provision is intended to be an incentive for making the alley an attractive living environment
and a secondary street.
7. Have its architectural character, design, style, massing, height, construction materials, trim, and
color in harmony with the primary unit and the surrounding neighborhood.
8. Not cause excessive noise, traffic, parking or overloading of public facilities or infringe upon the
privacy of adjacent residences.
9. Not invade privacy, cast excessive shade on adjacent properties or reduce light available for solar
energy.
E. Revocation. The Community Development Director shall have the authority to revoke a second
dwelling unit permit and the Planning Commission shall have the authority to revoke a conditional use
second dwelling unit permit if one or more of the requirements of this chapter are no longer met. The
decision of either the Community Development Director or the Planning Commission may be appealed to the City Council in accordance with the procedures set forth in this code.
Page 161
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.30.200 - Single room occupancy (SRO).
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 common bathroom shall be provided for every six units, unless private bathrooms
are provided for some or all units. Any unit with a private bathroom shall not be counted toward
the six 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.
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 washer/dryer
per six units.
13. Average income of residents in the development shall be no more than forty (40) percent 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 fifty-
five (55) years.
15. New construction projects for seniors shall not qualify as SRO housing.
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16. Off-street parking shall be provided at the rate of 0.5 parking space per unit, plus one parking
space for on-site management.
17. SRO developments shall have full-time on-site management.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
Chapter 17.32 - ACCESSORY STRUCTURES
Sections:
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
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• Spas and hot tubs.
• Storage or work sheds.
• Swimming pools.
• Tennis and other on-site sport courts.
• Terraces.
• Walls.
• 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.
2. Height. Detached accessory structures shall be limited to one story in height and any attic shall
be less than five feet in height and not habitable. Attached accessory structures are allowed to
have a habitable second story if the living space is accessible from within the residence and there
is no separate outside entrance to the living space.
3. Location.
a. There shall be a minimum distance of six feet between detached accessory structures and
between a main building and an accessory structure.
b. No detached accessory structure shall be located within three feet of an interior property
line.
c. Detached accessory structures shall be located in the rear half of the lot, excluding detached
garages, which shall not extend into the required front setback for the main building.
d. On a corner lot no accessory buildings shall be located less than twenty (20) feet from the
side street line.
e. On reverse corner lots, accessory structures located on the rear twenty-five (25) feet of the
lot shall not extend beyond the required front yard of the abutting key lot.
f. When the slope of the front half of a lot is greater than a one-foot rise or fall in a horizontal
distance of four 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 feet from the side or front
property line and the garage shall not exceed ten (10) feet in height.
g. Portable shade structures shall not be located in a side or front yard. Temporary, portable
shade structures may be permitted in the rear yards, subject to the approval of a site plan
approval, provided that they are not visible from the public right-of-way, that they meet all
applicable setback and height requirements for accessory structures and that they do not
obstruct access to required parking. Such temporary structures shall be maintained in good
condition. Torn fabric, bent or broken support members shall be replaced or repaired as needed. Any temporary structure maintained in disrepair shall be repaired, replaced, or
removed from the site. Reflective, mirror-type material is prohibited. Temporary structures
are subject to building coverage requirements and shall be included in the maximum lot
coverage.
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
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deck, or other architectural feature of a building or structure with windows, doors, or other
openings of sufficient size to permit the passage of persons.
4. Garages. The capacity of a garage shall not exceed three automobiles and seven hundred and
fifty (750) square feet per dwelling unit.
5. Architectural Consistency. All accessory structures on a permanent foundation shall be consistent in exterior appearance with the primary structure through the use of similar/matching exterior
paint colors, material types, and architectural styles.
6. Site Plan Review. A site plan review shall be required for any accessory structure greater than
one hundred and twenty (120) square feet, whether the total area is in one building or cumulatively
in multiple buildings, including storage structures and workshops but not including required
garages.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.32.040 - Accessory structures in nonresidential zones.
A. Height Adjacent to Residential Zones. In all zones, accessory structures shall not exceed a height of
fifteen (15) feet, when located within between a residential property line and the variable height
measuring point, as illustrated in the Variable Height Diagrams in Section 17.08.050I, 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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 or more
residential units and all properties with nonresidential 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 in depth
by ten (10) feet eight inches in width for single bin enclosures, and a minimum of six feet six
inches in depth by eighteen (18) feet eight inches in width for double bin enclosures. Trash
enclosures shall be constructed with reinforced masonry block walls not less than six 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.
Page 165
(Ord. No. 931, § 5(Exh. A), 10-22-13)
Chapter 17.36 - CONDOMINIUMS AND CONDOMINIUM CONVERSIONS
Sections:
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
"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.
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"Condominium Projects" means the entire parcel of real property, including all structures thereon,
subdivided or to be subdivided, for purposes of constructing or converting existing structures to
condominium units.
"Open Space" means usable open space which:
(1) Has been well-designed;
(2) Has been provided with landscaping and recreational facilities; and
(3) Has been provided with a program of continuing maintenance by the Condominium Owners
Association.
"Common Open Space" means land area set aside for the residents of a condominium project which
is owned by the Condominium Owners Association.
"Private Open Space" means land area designated and maintained for the exclusive use of the
occupants of the appurtenant dwelling unit.
"Stock Cooperative" means a corporation which is formed for the purpose of holding title to, either in
fee simple or for a term of years, improved real property if all or substantially all of the shareholders of such
corporation receive a right of exclusive occupancy in a portion of the real property, title which is held by the corporation, which right of occupancy is transferable only with the transfer of the share or shares of stock
in the corporation held by the person having such right of occupancy. For the purposes of this chapter,
stock cooperatives will be subject to the same regulations as condominium projects.
"Vehicle Access and/or Driveway" means a private way for the use of vehicles.
17.36.040 - Permitted zones.
A. Commercial/industrial condominium projects shall be permitted only in the RC-MUDO
(Residential/Commercial Mixed-Use Development Overlay), P-O (Professional Office), C-4 (Regional
Commercial), CI-MU (Commercial-Industrial Mixed Use), M-1 (Light Manufacturing and Industrial), and
P-D (Planned Development) zones. Where the P-D zone is the base zone in combination with the RC-
MUDO overlay zone, the RC-MUDO shall be standard for the residential portion of the development, which may be modified by the City Council upon adoption of the P-D zone.
B. Residential condominium projects shall be permitted only in the RC-MUDO (Residential/Commercial Mixed-Use Overlay), R-3 (Medium Multiple Residential), and P-D (Planned Development) zones.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.36.050 - Procedure and submittal requirements.
A. Application for Discretionary Site Plan and Design Review approval. Concurrently with the submission
of a Tentative Tract Map, the applicant shall submit an application for a Discretionary Site Plan and
Design Review application to the Community Development Department that contains the following information:
1. A site plan drawn at a scale which clearly defines and depicts compliance with all applicable development standards and the following items:
a. The square-footage of each unit and the number of bedrooms in each unit, if applicable,
b. The layout and delineation, defined square-footage, of all common and private areas,
c. The layout and location of all storage space,
d. The layout and location of all facilities and amenities provided within the common area for
the enjoyment and use of unit owners,
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e. The layout of all private and guest parking spaces to be used in conjunction with each
condominium unit,
f. Location and type of surfacing of all driveways, pedestrian walkways, vehicular parking
areas, and curb cuts,
g. Trash enclosure construction and location details,
h. Location, height and type of all walls and/or fences in relationship to existing adjacent grade
levels. Cross sections shall be included, and
i. Mailbox locations that encourage proper vehicular and pedestrian traffic flow within the
project.
2. Preliminary Grading Plan. A grading and drainage plan, in sea-level elevations, shall be submitted
which indicates the existing grade for the project as well as the neighboring properties on all sides, and the proposed finished grades associated with the project.
a. Drainage plan concepts shall be developed under the following priorities of design preference:
1) Natural historic flow.
2) Natural/mechanical flow.
3) Mechanical (pump).
b. Provisions for cross-lot drainage, such as easement and drainage devices, if applicable.
3. Preliminary Landscaping Plan. A preliminary landscaping plan of the project shall indicate the
types and sizes of landscaping materials and permanent irrigation facilities. The landscaping plan
shall be prepared in compliance with the City's Water Efficient Landscape Ordinance (Rosemead
Municipal Code Title 13, Chapter 13.08).
4. Preliminary Lighting Plan. A preliminary lighting plan shall indicate the location and nature of
lighting and lighting fixtures proposed in common areas.
5. Preliminary Master Sign Program. A preliminary master sign program shall be developed and
submitted in accordance with the sign area provisions outlined in Chapter 17.116 (Signs).
6. Proposed Condominium Documents. Proposed condominium documents, including those
portions of the covenants, conditions, and restrictions that apply to the conveyance of units, the
assignment of parking, and the management and maintenance of common areas and
improvements shall be submitted.
7. Delineation of Shared Common Spaces. Delineation of shared common spaces (including shared
access areas, utility corridors, etc.) shall be clearly delineated with bearings and distances.
8. Other Information. Other information that the Community Development Director determines may
be necessary to evaluate the proposed project to ensure consistency with the General Plan, this
Zoning Code, and any other applicable City regulations.
B. Planning Commission Evaluation. The Commission will review and will approve or conditionally
approve if the plan meets the requirements of Chapter 17.136.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.36.060 - Development standards.
The following regulations shall apply to condominium projects unless otherwise provided in this Zoning
Code.
A. Minimum Lot Area.
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1. Minimum Lot Area for Commercial/Industrial Condominium and Stock Cooperatives. The
minimum lot or parcel area for a commercial or industrial condominium project shall be forty
thousand (40,000) square feet, and shall have a minimum street frontage of one hundred
(100) feet, and a minimum lot depth of one hundred (100) feet as measured from the center
line of the property.
2. Minimum Lot Area for Residential Projects. The minimum lot or parcel area for a residential
condominium project shall be twenty thousand (20,000) square feet, and shall have a
minimum street frontage of one hundred (100) feet, and a minimum depth one hundred (100)
feet as measured from the center line of the property.
B. Density, Lot Coverage, and Floor Area Ratio. Density, lot coverage, and floor area ratio shall
conform to the requirements of the General Plan and Zoning Code requirements for the district in
which the condominium project is proposed.
C. Dwelling Unit Size (Residential Projects Only).
1. Each dwelling unit shall have a minimum floor area as shown in Table 17.36.060.1.
(Residential Condominium Floor Area Requirements).
Table 17.36.060.1
RESIDENTIAL CONDOMINIUM FLOOR AREA REQUIREMENTS
Unit Type Minimum Floor Area
Studio Unit 600 square feet
One Bedroom Unit 650 square feet
Two Bedroom Unit 800 square feet
For Each Additional Bedroom An additional 200 square feet
D. Minimum Building Setbacks. Condominium projects shall be subject to the setback requirements
of the specific zones in which they are located.
E. Maximum Building Height. The maximum building height shall conform to the requirements of the
General Plan and Zoning Code for the district in which the condominium project is proposed.
F. Fences, Masonry Walls and Height Requirements. Each development shall be improved with
fencing, walls, and landscape screening in accordance with Chapter 17.68 (Fences, Walls, and
Landscape Screening).
G. Landscaping. In addition to any landscape provisions required within the zone in which a
condominium project is proposed, the following additional landscape criteria shall be followed:
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.
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2. Decorative design elements (e.g., benches, exterior recreational facilities, fountains,
planters, pools, sculptures, and similar elements) may be allowed, provided the elements
are incorporated as a part of the landscaping plans, except where otherwise prohibited.
3. Permanent and automatic irrigation facilities shall be provided in all planted landscaped
areas.
H. Lighting. In addition to the requirements set forth in Chapter 17.88 (Lighting), condominium
projects shall conform to the following additional regulations:
1. The subdivider shall install an on-site lighting system on all vehicular access ways and along
major walkways.
2. The lighting shall be directed onto the driveways and walkways within the development and
away from the adjacent properties.
3. Appropriate lighting shall also be installed within all covered and/or enclosed parking areas.
I. Open Space (Residential Projects Only). There shall be provided a minimum of four hundred (400) square feet of private and/or common open space per unit, or any combination thereof
exclusive of front yard setback, side yard setback, vehicular access ways, and off-street parking
areas. Open space shall be devoted to landscaping and outdoor recreational facilities incidental
to the residential development which may include, but are not limited to: swimming pools, tennis
courts, children's play areas, barbecue and picnic areas. Open space within the condominium
project should be oriented so as to provide separation of vehicular traffic from the open space.
J. Storage and Utility Space (Residential Projects). A single area having a minimum of two hundred
and forty (240) cubic feet of private and secure storage space shall be provided for each unit
exclusive of closets and cupboards within the living space of the dwelling unit. Such storage may
be located within the garage, provided it does not interfere with automobile parking. Each
residential condominium unit shall also have utility space for a washer and dryer and, adjacent to
the conventional hot water heater, a floor area of two and one-half feet by two and one-half feet
and eight feet high for a solar hot water storage tank.
K. Trash Collection Facilities. Adequate refuse and solid waste collection containers shall be
provided and conveniently located near the dwelling units they serve. The refuse location(s) shall provide for large refuse collection vehicle circulation and access from a public street or alley. See
Chapter 17.32 (Accessory Structures) for additional development standards.
L. Parking.
1. Residential Parking.
a. Number of parking spaces required. Residential condominium projects shall be
provided with the following minimum number of parking spaces, each no smaller than
ten (10) feet by twenty (20) feet.
(1) Two fully enclosed parking spaces per dwelling unit.
(2) One guest parking space per every two dwelling units.
(3) One-half guest parking space shall be provided for each additional bedroom in
dwelling units containing more than three bedrooms.
b. No garage or guest parking space shall be located more than one hundred (100) feet
from the unit it serves.
c. Tandem parking is prohibited.
d. Enclosed garage areas shall be provided with automatic fire extinguishing systems.
e. The Planning Commission may approve a plan that groups all or part of the required
parking if the Commission finds the following.
(1) Such parking is useful and accessible to the proposed dwelling units.
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(2) Such parking provides more contiguous or usable open space.
(3) Garage door entry and exit is oriented away from open space.
(4) Where subterranean parking is utilized, the requirements of Chapter 17.112 (Off-
Street Parking and Loading) shall also apply.
2. Residential Driveway Requirements. Minimum driveway standards shall be as follows:
twenty-six (26) feet of unobstructed width, and thirteen and one-half (13.5) feet of
unobstructed vertical clearance. The unobstructed vertical clearance standard shall not be applicable to subterranean parking. Second story projections, such as balconies and
landings may project no more than three feet into the driveway width for minimum clearance
of twenty (20) feet. All driveways shall comply with the County of Los Angeles Fire
Department Access Standards. All points of vehicular access to and from driveways onto
public rights-of-way shall be subject to the approval of the City Traffic Engineer. Driveways
shall be situated so as not to be adjacent to any common open space. All interior private
driveway paving shall be a minimum of the following:
a. Subsoil compacted to ninety (90) percent density for adequate load bearing conditions.
b. Four-inch AC over six-inch base material crushed aggregate, or six inches of concrete.
3. Commercial and Industrial Parking, Loading, and Driveway Requirements. Commercial and
industrial condominium parking requirements shall conform to the requirements of Chapter
17.112 (Off-Street Parking and Loading).
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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 occupying the proposed conversion site shall be notified in writing of the public hearing. A
complete list of tenants and/or legal occupants shall be submitted to the Community Development
Department by the applicant. These requirements in no way diminish the responsibilities of the applicant to comply with all state, county and local requirements. All proposed condominium conversions, in addition to
meeting the current Building Code requirements, shall comply with the parking and open space
requirements for new condominium projects.
(Ord. No. - 931, § 5(exh. a), 10-22-13)
Chapter 17.40 - MEDICAL MARIJUANA DISPENSARIES
Sections:
17.40.010 - Definitions.
A. "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or
trimming of marijuana.
B. "Establish" or "Operate" a medical marijuana dispensary or marijuana cultivation facility (as defined in
this section) means and includes any of the following:
1. The opening or commencement of the operation of a medical marijuana dispensary or marijuana
cultivation facility;
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2. The conversion of an existing business, facility, use establishment, or location to a medical
marijuana dispensary or marijuana cultivation facility;
3. The addition of a medical marijuana dispensary or marijuana cultivation facility to any other
existing business, facility, use, establishment, or location.
C. "Marijuana" means all parts of the plant Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound manufacture, salt, derivative, mixture, or
preparation of the plant, its seeds, or resin. It includes marijuana infused in foodstuff. It does not include
the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the
plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks
(except resin extracted therefrom), fiber, oil, or cake, or the sterilized seeds of the plant that are
incapable of germination.
D. "Medical Marijuana" is marijuana used for medical purposes where that medical use is deemed
appropriate and has been recommended by a physician who has determined that the person's health
would benefit from the use of marijuana in the treatment of acquire immune deficiency syndrome ("AIDS"), anorexia, arthritis, cancer, chronic pain, glaucoma, migraine, spasticity, or any other serious
medical condition for which marijuana is deemed to provide relief as defined in subsection (h) of Health
and Safety Code Section 11362.7.
E. "Marijuana Cultivation Facility" means any business, facility, use, establishment or location where the
cultivation of marijuana occurs.
F. "Medical Marijuana Dispensary" means any business, facility, use, establishment, or location, whether
fixed or mobile, where medical marijuana is made available to, delivered to and/or distributed by or to,
three or more of the following a "primary caregiver," "a qualified patient," or a person with an "identification card," as these terms are defined in California Health and Safety Code section 11362.5
and following. A "medical marijuana dispensary" does not include the following uses, as long as the
location of such uses are otherwise regulated by this code or applicable law: a clinic licensed pursuant
to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to
Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with
chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety
Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the
Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter
8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable
law including, but not limited to, Health and Safety Code section 11362.5 and following.
(Ord. No. 935, § 3(Exh. A), 2-11-14; Ord. No. 959, Exh. A, 1-12-16)
17.40.020 - Medical marijuana dispensaries, marijuana cultivation facilities, and marijuana deliveries
prohibited.
A. Medical marijuana dispensaries are prohibited in all zones in the City and shall not be established or
operated anywhere in the City.
B. Marijuana cultivation facilities are prohibited in all zones in the City and shall not be established or
operated anywhere in the City.
C. No person may own, establish, open, operate, conduct, or manage a medical marijuana dispensary or
marijuana cultivation facility in the City, or be the lessor of property where a medical marijuana
dispensary or marijuana cultivation facility is located. No person may participate as an employee,
contractor, agent, volunteer, or in any manner or capacity in any medical marijuana dispensary or marijuana cultivation Facility in the City.
D. No use permit, site development permit, tentative map, parcel map, variance, grading permit, building permit, building plans, zone change, business license, certificate of occupancy, or other applicable
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approval will be accepted, approved, or issued for the establishment or operation of a medical
marijuana dispensary or marijuana cultivation facility.
E. No person and/or entity may deliver or transport medical marijuana from any fixed or mobile location,
either inside or outside the City, to any person in the City, except that a person may deliver or transport
medical marijuana to a qualified patient or person with an identification card, as those terms are defined
in Health and Safety Code section 11362.7, for whom he or she is the primary caregiver within the
meaning of Health and Safety Code sections 11362.5 and 11362.7(d).
F. Nothing contained in this chapter shall be deemed to permit or authorize any use or activity which is
otherwise prohibited by any state or federal law.
(Ord. No. 935, § 3(Exh. A), 2-11-14; Ord. No. 959, Exh. A, 1-12-16)
17.40.030 - Civil injunction.
The violation of this chapter shall be and is hereby declared to be a public nuisance and contrary to
the public interest and shall, at the discretion of the City, create a cause of action for injunctive relief.
(Ord. No. 935, § 3(Exh. A), 2-11-14; Ord. No. 959, Exh. A, 1-12-16)
(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 959, 1-12-16)
Chapter 17.42 - MOBILE HOMES AND MANUFACTURED HOUSING
Section:
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 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
Chapter 17.46 - MOBILE HOME PARKS AND PARK CONVERSIONS
Sections:
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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 accommodate mobile homes used for human habitation. Such a conversion may affect an entire mobile home park or any portion
thereof. A conversion shall include, but is not limited to, a change of any existing mobile home park or any
portion thereof to condominium, stock cooperative, planned unit development, or any form of ownership
wherein spaces within the mobile home park are to be sold, and the cessation of use of all or a portion of the park as a mobile home park, whether immediately or on a gradual basis, or the closure of the park.
"Conversion" shall not include the purchase of the park by its existing residents. The provisions of Government Code Section 66427.5 shall apply in that circumstance.
"Enforcement Agency" means the Community Development Director of the City or a duly appointed representative.
"Mobile Home" means a trailer, transportable in one or more sections; that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974; that is over eight feet in
width and forty (40) feet in length, with or without a permanent foundation and not including recreational
vehicle, commercial coach or factory-built housing. A mobile home on a permanent foundation is included
under the definition of "Single-unit dwelling."
"Mobile Home Owner" means the registered owner or owners of a mobile home.
"Mobile Home Park" as used in this Section, shall have the same meaning as defined in the Health
and Safety Code Section 18214.
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"Mobile Home Park Owner" or "Park Owner" means the owner, lessor, operator or manager of a mobile
home park in the city of Rosemead.
"Mobile Home Resident" or "Resident" includes the following: the registered owner or owners of a
mobile home, who has a tenancy in a mobile home park under a rental or lease agreement (whether or not
the owner(s) occupy such mobile home) or a member of the immediate household of the mobile home
owner (provided such member resides within the mobile home), a person who occupies a mobile home
within a mobile home park pursuant to a bona fide lease or rental agreement with the mobile home owner
and who, during his or her tenancy, was not the owner or member of the immediate household of the mobile
home owner.
"Mobile Home Space" means any area, tract of land, site, lot, pad, or portion of a mobile home park
designated or used for the occupancy of one mobile home.
"Park" means any plot of ground, area or tract of land upon which two or more mobile homes are
located and occupied for dwelling or sleeping purposes whether or not a charge is made for such
accommodations. This subsection shall not be construed to include automobile, motor home, or mobile
home sales lots on which unoccupied vehicles are parked for the purposes of inspection and sale.
"Trailer Park" means an area of land where two or more trailer spaces are rented, or held out for rent, to accommodate trailers used for human habitation, and where the predominant number of spaces is
occupied for nine or more consecutive months.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.46.030 - Applicability.
The provisions of this Section shall apply to Mobile Home Parks and Park Conversions as defined in
Section 17.46.010 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards).
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.46.040 - Required improvements and standards.
Construction of mobile home parks are subject to the California Code of Regulations, Title 25, Division
1 and operation of a mobile home park is subject to the California Civil Code Section 798 et seq. (Mobile
home Residency Law) and the California Health and Safety Code Section 18000 et seq. (Mobile homes-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.
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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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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. 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.
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4. A list of all comparable mobile home parks within the city of Rosemead and within fifty (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 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 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.
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"Fair market value"' does not include any "in-place" value, or value attributable to its
continued siting on the rented space at the mobile home park. If a dispute arises as to the
appraised value of a mobile home, the applicant and the homeowner shall have appraisals
prepared by separate qualified appraisers of mobile homes with experience in establishing
the value of mobile homes for the purpose of financing or sale. The cost for both appraisals
shall be paid for by the mobile home park owner. The fair market value shall be based upon
the average of the appraisals submitted by the applicant and mobile home owner.
e. Notwithstanding any other provision of this section, as an alternative to the requirements of
this Section, the mobile home owner and mobile home park owner may agree to mutually
satisfactory conditions. Compliance with said agreement by the mobile home park owner shall constitute compliance with this Section. To be valid, however, such an agreement shall
be in writing, shall include a provision stating that the resident is aware of the provisions of
this Section, shall include a copy of this Section as an attachment, shall include a provision
in at least 12-point type which clearly informs the resident that they have the right to seek the advice of an attorney of their choice prior to signing the agreement with regard to their
rights under such agreement and shall be drafted in the form and content otherwise required
by applicable state law.
F. Public Hearing. A hearing shall be held before the City Council or its designated advisory body on the
Conversion Impact Report prior to the eviction of any mobile home resident pursuant to this section.
(If the Council designates an advisory body, all responsibilities of the Council with respect to the public
hearing shall be the responsibility of the advisory body.) At this hearing, the City Council shall review
the application documentation. At the conclusion of the hearing, the City Council shall either accept
the Conversion Impact Report as complete or add additional mitigation measures pursuant to California Government Code Section 65863.7(e) provided those measures do not exceed the
reasonable cost of relocation. The public hearing shall be held not later than ninety (90) days prior to
the date provided in the notice of closure to the residents of the mobile home park.
G. Decision Regarding Conversion Impact Report.
1. 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.
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.
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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 (twelve (12) months), or the differential as of the date of relocation between
the space rental rate identified in the Fair Market Rents for Manufactured Home Spaces
for Los Angeles-Long Beach in the Section 8 Housing Choice Voucher Program
published by HUD (or such successor index published by HUD) and the replacement
mobile home park during the first year of relocation. The calculation yielding the greater
rental subsidy shall be used.
d. The expense of assuming tenancy in comparable housing. The amount of such payment
shall be based upon consideration of the following:
1) Moving costs.
2) First month's rent, last month's rent, and security deposit at the replacement housing.
3) Differential as of the date of relocation between the rental rate at the mobile home park
being converted and the comparable housing during the first year of relocation (twelve
(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.
I. Required Findings at Public Hearing. In approving a Conversion Impact Report for a mobile home park
conversion, the City Council shall find that the proposed conversion meets the following requirements
in addition to the other requirements of this Section.
1. The proposed use of the property is consistent with the General Plan and any and all of its
elements, any applicable specific plan or planned development plan or similar mechanism
provided for in state law or city ordinances and this section.
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.
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J. Modification of Approved Conversion Impact Report.
1. The City Council may, upon request of applicant and after holding a public hearing, modify the
provisions of an approved Conversion Impact Report. A modification may be approved where the
City Council finds that there has been a change in circumstances, or there is new information that
could not have reasonably been known or considered at the time of the original hearing on
approval of the Conversion Impact Report.
2. The City Council may impose additional conditions as deemed necessary to mitigate any adverse
impacts resulting from a modification of an approved Conversion Impact Report.
K. Expiration of Conversion Impact Report.
1. An approved Conversion Impact Report shall expire according to the expiration date listed in the
Conversion Impact Report, unless an extension is granted prior to such date pursuant to this
Section.
2. The City Council may, upon request of the applicant and after holding a public hearing, extend
the term of an approved Conversion Impact Report. An extension may be granted where the City
Council finds that expiration of the Conversion Impact Report would constitute an undue
economic hardship to the applicant.
3. The City Council may impose additional conditions as deemed necessary to mitigate any adverse
impacts resulting from an extension. The City may grant multiple extensions of an approved
Conversion Impact Report but no single extension shall have a duration in excess of one 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:
1. Approval of the Conversion Impact Report was obtained fraudulently.
2. The applicant has failed to comply with the mitigation measures set forth in, or the conditions
imposed in connection with, the approved Conversion Impact Report.
M. Appeal. Any City Council decision pursuant to this Section is final. In the event the City Council
designates authority to implement this section to an advisory body, all decisions of the advisory body
shall be subject to appeal to the City Council as provided for in the provisions covering appeals to the
Council from the Planning Commission.
N. Processing Fees. Each applicant seeking City approval, modification or extension of a Conversion Impact Report shall pay a nonrefundable application deposit in an amount established by City Council
resolution. In addition, the applicant shall reimburse the City for all costs, including staff time and
attorney's fees, incurred in processing and reviewing the applicant's Conversion Impact Report.
O. Issuance of Grading and/or Building Permits. No building permit shall be issued for the development
of or on any real property which is being converted from a mobile home park pursuant to this section
unless and until the applicant has filed with the Community Development Director or his designee(s)
a verified statement made under penalty of perjury that the terms set forth by the City Council at the
public hearing have been met or otherwise incorporated into the final project plans including the
payment of all required relocation assistance required pursuant to this section. Such statement shall identify in itemized form each payee, the amount paid, the date of payment, and the type of relocation
or other assistance for which each such payment was made.
P. Exceptions to Required Relocation Assistance. This Section shall not apply in the following situations:
1. The California Department of Housing and Community Development suspends or revokes a
permit pursuant to Health and Safety Code Section 18510.
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.
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Q. Notification to City of Termination of Tenancy.
1. After the receipt of a City Council approved Conversion Impact Report, the mobile home park
owner shall serve, by personal service or by United States mail, written notice to the City's
Community Development Director or his designee(s) of the notice of termination of tenancy as
required by California Civil Code Section 798.56.
2. The notice shall be accompanied by a statement that the applicant/mobile home park owner has
provided all relocation assistance required by the Conversion Impact Report, City Council, and
State law, accompanied with proof of such assistance in the form of notarized signed
acknowledgements from the recipients thereof or a notarized signed 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
Chapter 17.54 - WIRELESS TELECOMMUNICATION FACILITIES
Sections:
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.
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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;
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 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, 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;
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.
(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)
17.54.020 - Definitions.
For purposes of this section, the following terms shall have the meaning set forth herein:
"Accessory Equipment" means any equipment or device necessary for the operation of a wireless
transmission device and used in conjunction with a wireless transmission device and any related support
structure. Such equipment or devices include, but are not limited to, utility 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
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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 or orders
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 three hundred sixty (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;
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 three
hundred sixty (360)-degree radial pattern, including, but not limited to, any antenna designed to receive video programming services via multipoint distribution services;
7. "Antenna - Parabolic" (also known as a "satellite dish antenna") which is any device incorporating a reflective surface that is solid, open mesh, or a bar configuration that is shallow dish, cone,
horn, bowl or cornucopia shaped and is used to transmit and/or receive electromagnetic or radio
frequency communication signs [signals] in a specific directional pattern;
8. "Antenna - Portable" which is any device used to transmit and/or receive electromagnetic or radio
frequency communications signals in a specific directional pattern, located on a portable or
movable base designed to be placed either for temporary or long-term use at a given site.
"Applicant(s)" means and refers to any person(s) who, in accordance with the approval procedures set
forth under this section, applies for authorization:
1. 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; or
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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 organized pursuant to Title 2, Chapter 2.04 (City
Council) of the Rosemead Municipal Code.
"Collocate", "Collocation" or "Collocating" means and refers to the act of placing, affixing, attaching,
mounting, constructing, erecting, and/or installing:
1. An additional antenna or other additional wireless transmission device, including related
accessory equipment, upon a preexisting support structure already containing one or more
antennas, wireless transmission devices and/or accessory equipment;
2. An additional antenna or other additional wireless transmission device, including related
accessory equipment, upon an alternative siting structure already containing one or more
antennas, wireless transmission devices and/or related accessory equipment; or
3. An additional wireless facility upon a single real property parcel already containing a wireless
facility or wireless transmission device, and related support structures, and/or accessory
equipment.
"Community Development Director" means the Community Development Director for the Rosemead
Planning Division or designee.
"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 one hundred (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.
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"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 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 organized pursuant to
Chapter 2.28 of the Rosemead Municipal Code.
"Property Owner" means and refers to the person(s) who own(s) the real property parcel upon which
a wireless facility, wireless transmission device, support structure or accessory equipment is or is proposed
to be sited.
"Satellite Dish Antenna" means any parabolic (bowl-shaped) antenna which:
1. Has a diameter greater than two (2) feet;
2. Is designed to receive satellite transmissions;
3. Is incapable of transmitting electromagnetic waves, including, but not limited to, radio frequency signals; and
4. Is external to or attached to the exterior of any building.
"School District" means the Rosemead School District, the El Monte Union High School District, the
Garvey School District and the Montebello Unified School District. The term "school district" does not include any other variety of school district or like entity established or organized under the laws of the State
of California, including, but not limited to, any community college district.
"Stealth Facility" or "Stealth Facilities" means and refers to a type of wireless facility or wireless
transmission device which is disguised to appear as another natural or artificial object that is prevalent in
the surrounding environment or which is architecturally integrated into a building or other concealing
structure or improvement. "Stealth facilities" generally include camouflaged structures such as monopalms,
monopines or any other variety of monopole-supported wireless facilities designed to look like a tree.
"Stealth facilities" may also include wireless facilities or wireless transmission devices, inclusive of
accessory equipment that are integrated into existing alternative siting structures such as flag poles or light
standards or which are integrated within design features of buildings such as church steeples, parapets,
faux chimneys, or other similar concealing design features.
"Support Structure" or "Support Structures" means a structure designed to support antenna(s) or other
wireless transmission devices to facilitate the transmitting and/or receiving of radio frequency signals.
Support structures include, but are not limited to, masts, monopoles, guyed structures, lattice towers, and
other like structures used to support wireless transmission devices. The term "support structure" does not include alternative siting structures as defined herein.
"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.
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"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.
"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.
(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)
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 or the County.
(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)
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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 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 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 and administrative collocation shall not defeat the existing
concealment elements of the facility to which it relates or otherwise violate or be inconsistent with the
conditions associated with the prior approval of the facility to which it relates (unless the inconsistency
does not exceed the "substantial change" thresholds identified in Federal Communications
Commission regulations or orders). 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.
1. 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.
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1. 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.
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.
f. 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 therefore, extend the term of the CAP for up to six 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.
(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)
17.54.060 - Application submission requirements.
A. Applications for a conditional use permit under this Section, a Coordinated Antenna Plan, or for the
approval of an administrative collocation shall be submitted to the Rosemead Planning Division on a form approved by the Community Development Director.
B. The following information and documentation shall be required for all submittals:
1. Application Form. Each applicant shall submit a completed application form which must include
the following information:
a. Applicant Information. The name, business address, telephone number, fax number and, if
available, e-mail address of the applicant or co-applicants. The following persons must be
identified as applicants/co-applicants on any application form:
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1) The property owner;
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)3) 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;
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;
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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;
9) Whether the proposed wireless facility qualifies as an administrative collocation as
defined herein.
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.
i. Administrative Collocation. If the applicant contends a proposed collocation qualifies as an administrative collocation as defined herein, the applicant 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, the
existence of all necessary circumstances and conditions set forth under the same, and substantial evidence showing that the proposed facility will not "substantially change the
physical dimensions" of the existing facility as that term has been defined and explained by
Federal Communications Commission regulations and orders. To qualify as an
administrative collocation, this additional information must be included 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 where the wireless facility,
wireless transmission device, support structures and/or accessory equipment will be located,
including, for proposed administrative collocations, a depiction of the existing wireless facility
for which collocation is proposed in both "before" and "after" conditions based upon all
proposed collocation equipment; 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.
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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.
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;
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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 show specific power levels on the map in colors easily distinguishable from the base paper or transparency layer and must be adequately identifiable by radio frequency
(RF) level in dBm and map color or gradient in the map legend. The applicant shall submit maps
depicting existing coverage; the coverage provided by the proposal excluding existing coverage;
and existing coverage combined with the coverage provided by the proposal. The propagation
and coverage report and corresponding maps shall be prepared by a qualified and duly licensed
radio frequency engineer.
8. Narrative Description and Map of Other Facilities. Along with a completed application form, each
applicant shall submit a narrative description and map disclosing and depicting the exact location
and type of all existing wireless facilities and wireless transmission devices, including support
structures, and accessory equipment owned and/or used by the applicant to provide coverage
within any portion of the City whether or not such facilities, devices, structures or equipment are
located within the City or outside of the City.
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,
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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 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;
g. In addition its technical narrative and discussion of the issues to be addressed, the analysis shall also include a nontechnical executive summary presented in a concise and easy-to-
read format that clearly explains in a nontechnical manner the current site conditions,
conditions with the proposed wireless facility, wireless transmission devices and/or
accessory equipment included and FCC thresholds as they relate to all applicable emissions
standards.
11. Collocation Agreement. Each application proposing the construction of a new monopole, lattice
tower, or guyed structure shall include a signed statement whereby the applicant agrees, as a
condition to any approval, to permit the collocation upon the support structure to accommodate
additional wireless transmission devices and accessory equipment. The application shall also
include a signed statement whereby the applicant agrees, as a condition of any approval, to
refrain from entering into any exclusive agreement(s) or arrangement(s) that would prevent the
type of collocation contemplated under this subsection.
(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)
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. If the applicant proposes and the Community
Development Director determines that an administrative collocation under this Chapter is proper for
the proposal, the application shall be considered under Section 17.54.090 and not this Section.
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.
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C. Findings Necessary for Approval. 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
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
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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.
(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)
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, or other effects arising in whole or in part from those
environmental effects.
(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
Further included in the necessary requirements is the requirement that the proposed collocation not exceed
the Federal Communication Commission's "substantial change" thresholds, including but not limited to the
defeating of existing concealment elements of the proposed collocation site. If the Community Development
Director cannot conclude that the "substantial change" thresholds are met, the application shall be
processed as a Conditional Use Permit and referred to the Planning Commission for findings consistent
with Section 17.54.070.
(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)
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);
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.);
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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.
(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)
17.54.120 - Appeal—Administrative collocation.
If an applicant contends that a request for an administrative collocation was denied or referred to the
Planning Commission by the Community Development Director 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 (10)
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.
(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)
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:
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1. In order to minimize the unnecessary proliferation of wireless facilities, wireless transmission
devices, and related support structures and accessory equipment and in order to promote
aesthetic harmony and mitigate, if not eliminate, the potential for visual blight, each applicant in
identifying, studying and evaluating alternative placement and siting options and the Planning
Commission or City Council in evaluating an applicant's proposal against other identified
alternatives capable of addressing applicant's service objectives shall undertake such evaluations
subject to the following order of preference starting with the most preferred:
a. Proposals in which a wireless transmission device and related accessory equipment are
collocated upon an already existing monopole-supported wireless facility which qualifies as
a stealth facility as defined herein and which is capable of accommodating added devices and equipment.
b. Proposals in which a wireless facility or wireless transmission device and related accessory equipment and support structures are integrated, camouflaged and concealed within the
decorative design features of a building such as the steeple of a church building, parapets,
faux chimneys or other similar design feature.
c. Proposals in which a wireless facility or wireless transmission device and related accessory
equipment and support structures are mounted and screened upon the roof of a multi-story
industrial or commercial building capable of safely accommodating such facilities, devices, equipment and structures.
d. Proposals in which an individual wireless transmission device and related accessory equipment is affixed or mounted upon an existing utility pole, 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, 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.
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 17.54.130A.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.
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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 (10) feet above the roofline and shall be set back from the roof edge by a ratio of one foot for each
foot of projection above the roofline. A facility shall be exempt from the foregoing requirement if it
is mounted within an existing enclosed roof structure or an architectural feature, such as a parapet
wall or similarly designed features so as to integrate and camouflage the wireless facility, wireless transmission device and related support structures and accessory equipment within the structure
or building;
3. Accessory and Support Structures. All wireless facilities, wireless transmission devices, support
structures, and accessory equipment shall comply with accessory height requirements for the
particular zoning district in which they are located.
C. Ground-Mounted Facilities - Setback Requirements and Guidelines. Ground-mounted wireless
facilities or wireless transmission devices shall comply with the following requirements and guidelines:
1. Front: Such facilities shall not be permitted in a required front yard setback of any property located
in any type of zone within the City, 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.
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D. Screening. The following screening requirements shall apply to all wireless facilities, wireless
transmission devices and related support structures, and accessory equipment:
1. 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.
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.
2. If located above ground, accessory equipment shall be screened, camouflaged and/or concealed
in a manner that is aesthetically and visually compatible with the architecture and design of
surrounding buildings, structures and landscaping and in a manner that hides such equipment
from public view or otherwise camouflages and conceals its presence.
3. If accessory equipment is located outdoors and is in public view, the Planning Commission, where
it deems appropriate, may require the applicant to provide a solid masonry block wall, or such
other aesthetically compatible material acceptable to the Community Development Director that
will screen such equipment from view.
F. Signs. Wireless facilities shall not display or otherwise bear signs or advertising devices other than
certification, warning, or other required seals or signage. Nothing in this subsection shall prohibit the
Planning Commission, or the City Council in the course of an appeal, from approving a stealth facility
which is camouflaged and disguised as a freestanding sign.
G. Lighting. Lighting shall not be permitted on facilities unless required as a public safety measure by
Federal Aviation Administration (FAA), or other government agencies with superseding jurisdiction over lighting issues. If lighting is required, the facilities shall be designed to minimize glare and light
overflow onto neighboring properties.
(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)
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:
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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.
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.
(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)
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
Page 200
to this chapter shall be jointly responsible for bringing such facilities, devices and equipment into
compliance with such 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 sixty (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 sixty (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 thirty (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
device or accessory equipment shall cease all operating. The recipient(s)/holder(s) of the conditional
use permit or administrative collocation approval shall have sixty (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.
Page 201
(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)
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 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 twenty-four (24) hours of discovery or within twenty-four (24) hours of any written notice issued by the City. 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 as damaged or inoperable irrigation equipment
shall be replaced promptly, but in no event later than thirty (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
Page 202
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 in lieu of appearing on any signage.
(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)
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 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.
Page 203
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 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 sixty (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.
(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)
17.54.220 - Transfer of operation.
Any wireless service provider who owns or leases a wireless facility or who leases space for the
placement of an individual wireless transmission device upon a support structure or alternative siting
structure may assign its ownership or lease rights to another wireless service provider licensed by the FCC
provided that any such assignment is 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.
(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)
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:
Page 204
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.
(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)
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 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.
(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)
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
Page 205
violation of applicable laws, ordinances or regulations shall be considered an illegal nonconforming
use and shall be subject to abatement as a public nuisance.
(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)
Article 4. - SUPPLEMENTAL STANDARDS
Chapter 17.68 - FENCES, WALLS, AND LANDSCAPE SCREENING
Sections:
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.68.020 - Permit requirements.
A. Residential Zones. A fence permit shall be required to install new or replacement fencing or masonry
walls in any residential zone. No permit shall be required for the planting of landscape screening.
B. Nonresidential Zones. An administrative site plan review shall be required to install new or replacement
fencing or masonry walls on nonresidential property. No permit shall be required for the planting of
landscape screening.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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 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 feet.
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3. On a reversed corner lot, no fence or wall or located within five 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 feet.
4. Walls and fences shall be kept in good condition and properly maintained.
B. Landscape Screening.
1. Landscape screening in residential rear or side yards shall not be subject to a height limit, except
for landscape screening on reversed corner lots. On a reversed corner lot, no hedge or other landscape screening material located within five 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 feet.
2. Landscape screening located within the required front yard shall not exceed a height of four feet.
3. Landscape screening shall not encroach onto a curb or sidewalk or over a lot line.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.68.040 - Height limitation—Commercial, industrial, residential/commercial mixed-use or
commercial/industrial mixed-use development.
A. A six-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 feet but not more than four 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 feet.
C. Within the M-1 zone, a solid wall not less than six feet in height and no more than eight feet in height shall be erected along the property line separating the M-1 zone from any residential zone or use,
school, park or commercial zone. However, the wall shall not be more than four feet in height where it
adjoins a front yard setback of any residential or commercial property.
D. Any outdoor area used for storage shall be completely enclosed by a solid, decorative masonry wall
and a solid gate not less than six 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. Chapter 17.21 (Garvey Avenue Specific Plan) contains additional height limitation regulations
applicable to the projects in the Specific Plan area.
FE. Walls shall have a decorative color and texture consistent with the architectural style and materials of the commercial or industrial development. Architectural and other treatment of the wall is required.
1. Where new walls are erected in locations visible from a public right-of-way, the use of full dimension caps, pilasters, and changes in wall surfaces (staggering) shall be applied.
2. In locations where walls might invite vandalism or graffiti, landscaping should be provided along the walls.
FG. Walls and fences shall be kept in good condition and properly maintained.
GH. Landscape screening shall not encroach onto a curb or sidewalk or over a lot line.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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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 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 feet.
B. The non-retaining portion of the fence or wall combination cannot exceed four feet.
C. The retaining portion of the fence or wall combination cannot exceed four feet.
D. Extensions above four 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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 feet in height
shall be permitted, provided that any portion of the fence or structure which is higher than six 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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 inches.
B. Difference in grade height between two parcels. Where there is a difference in the ground elevation or
finished grade between two adjoining parcels of less than two 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 adjoining parcels of
two 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.68.080 - Prohibited fencing materials.
A. Residential Zones. The following fencing materials shall be prohibited in all residential zones: barbed
or razor wire, electrified wire, chicken wire and similar small-gauge wire or mess product, chain-link
fencing, or other materials hazardous to wildlife.
1. Exceptions. Chain-link fencing shall be a permitted fencing material for:
a. The screening of 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
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c. The temporary screening of lots under construction or being demolished in accordance with
Section 17.68.100.
2. All chain-link fences in existence at the time of the adoption of this Part shall be deemed legal
nonconforming 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 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;
c. The temporary screening of lots under construction or being demolished in accordance with
Section 17.68.100; and
d. 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.68.090 - Fencing of hazardous areas.
A fence or wall six 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.68.100 - Fences on lots that are vacant, under construction, or being demolished.
A. For the purposes of this subsection, "vacant property" means property which has no structures or
buildings or property that has buildings or structures which are unoccupied. "Under construction" and
"demolish" shall be defined pursuant to the Los Angeles County Building Code as adopted by the City.
"Unoccupied" means any building or structure which is not secured, locked or closed, or is not
constantly being used for its intended purpose, or is accessible to juveniles, transients or loitering, or
is by virtue of its unattended status a potential health, fire or safety hazard.
B. All property that is vacant, under construction, or being demolished shall be totally enclosed around
the perimeter by a fence that is a minimum of six 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.
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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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.68.110 - Requirement for construction of a six-foot high masonry wall.
The City Council finds that there are areas within the City where commercial zones abut residential
zones and the construction of a block wall is necessary to protect such residential areas.
Any owner, lessee, occupant or agent constructing or causing the construction of any building, building
addition, accessory building, or repairs estimated by the Building Department to have a value of ten
thousand dollars ($10,000.00) or more upon any commercially used and zoned lot adjacent to property
zoned and used for residential purposes shall construct a six-foot high masonry wall along the property line
where the commercially zoned lot has a common or rear lot line with a residentially zoned property.
Any person desiring to obtain a modification from the provisions of this section may file with the
Planning Commission a written application, citing the reasons for such request. The Planning Commission
shall give the applicant for such modification an opportunity to be heard if he or she so desires, and
thereafter may grant or deny the application for the modification, or may grant the same upon such
conditions as the Planning Commission deems necessary for the preservation of the safety, health or
property of the general public.
Any interested person may appeal the decision of the Planning Commission to the City Council by
filing an appeal pursuant to Chapter 17.160 (Appeals and Requests for Review) of this Code.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
Chapter 17.72 - NONCONFORMING USES, STRUCTURES, LOTS AND PARKING FACILITIES[2]
Sections: Sections:
Footnotes:
--- (2) ---
Editor's note— Ord. No. 951, § 6 adopted August 11, 2015 amended chapter 17.72, §§ 17.72.010—
17.72.100 in its entirety to read as herein set out. Former chapter 17.72, §§ 17.72.010—17.72.100
pertained to similar subject matter and derived from Ord. 931, § 5(Exh. A), 10-22-13.
17.72.010 - Purpose.
This chapter establishes regulations for legal nonconforming land uses, structures, and lots. These are land uses, structures, and lots within the City that were lawfully established, constructed, or subdivided
before the adoption or amendment of this code, but which would be prohibited, regulated, or restricted
differently under the current terms of this code. This chapter is intended to encourage the City's continuing
improvement by limiting the extent to which nonconforming structures and uses may continue to be used,
expanded, or replaced, while improving the health, safety, and welfare of all residents without creating an
economic hardship for individual property owners or business owners. Excepted from these regulations are
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nonconforming signs, billboards and advertising devices, which are subject to the provisions of Chapter
17.116 (Signs) of this title.
(Ord. No. 951, § 6, 8-11-15)
17.72.020 - Establishment of legal nonconforming status.
A. These provisions shall regulate the continuation, termination, and modification of land uses, structures,
and lots that were lawfully established, but which no longer conform to the provisions of the Zoning
Code due to a change in zoning boundaries, change in the regulations for the zone in which it is
located, or upon annexation. A change in ownership or tenancy without any change in use, occupancy,
or development shall not affect any of the legal nonconforming rights, privileges, and responsibilities
provided under this chapter.
B. Land uses, structures, and lots not having previously acquired proper permits are illegal and subject
to immediate abatement.
C. It shall be the property owner's responsibility to provide evidence or information to justify the
establishment of nonconforming rights subject to the satisfaction of the Building Official.
(Ord. No. 951, § 6, 8-11-15)
17.72.030 - Legal nonconforming uses.
A. Except as hereinafter expressly provided, as long as a nonconforming use exists upon any lot, no new
use may be established or no new building may be constructed thereon.
B. 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.
C. Abandonment or Discontinuance of Use.
A nonconforming use which has been abandoned or has been discontinued for a period of one year
shall not be reestablished and any subsequent reuse or any new use established shall conform to the
current provisions of this Title.
D. Change of Use.
A nonconforming use that is changed to, or replaced by a conforming use shall not be reestablished.
E. Nonconforming Due to Parking. 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.
1. Land use changes in nonresidential zones.
a. Notwithstanding the provisions set forth in Section 17.72.030.E.1.b, the use of a structure,
which is only nonconforming due to lack of compliance with off-street parking requirements
required this Zoning Code, 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, 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.
b. The use of a nonresidential structure, which is nonconforming due to lack of compliance with
off-street parking requirements with respect to the number of stalls required by this Zoning
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Code, may be changed to another use which requires more parking than the current use
within the structure if the applicant can demonstrate that compliance with alternative parking
provisions, as set forth in Chapter 17.112 (Off-Street Parking and Loading) will meet the
purposes of this code.
2. Land use changes in residential zones.
a. Residential garages. A residential garage that is nonconforming due to the lack of
compliance with off-street parking standards relating only to driveway width, turning radius,
minimum stall size, setback, or landscaping may be used to serve a new residential 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.
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 parking, 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.
F. Effect of discretionary permit requirements (such as Conditional Use Permit, Design Review Approval,
Zone Variance, Administrative Use Permit, or Minor Exception Permit, etc.).
1. Existing discretionary permit approvals in effect.
A use that was authorized by an approved discretionary permit but is not allowed by this Zoning Code
may only continue in compliance with the original discretionary permit conditions of approval. The
discretionary permit must be validly issued and remain unrevoked and unexpired.
2. Absence of a discretionary permit approval. A use lawfully existing without the approval of a
discretionary permit that would be required by this Zoning Code shall be deemed conforming only
to the extent of its previous lawful use (e.g. maintaining the same site area boundaries, hours of
operation, etc.). Any change in use would require the approval of the appropriate discretionary
permit in accordance with the provisions of the current Zoning Code.
(Ord. No. 951, § 6, 8-11-15)
17.72.040 - Legal nonconforming structures.
A. As long as a nonconforming building or structure exists upon any lot, no new building or structure may
be established or constructed thereon.
B. Alterations or additions.
The interior alteration and structure enlargement or expansion of a nonconforming structure that is
occupied by a conforming use shall be subject to the following:
1. 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 of nonconformity nor shall it extend into any
conforming setback area. Such enlargement shall be processed pursuant to the standards set
forth in Chapter 17.142 (Minor Exceptions). In the event that the original building or structure was
subject to a discretionary permit, the appropriate approval authority in Section 17.120.100
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(Changes to an approved project) shall review the proposed enlargement subject to the standards
set forth in Chapter 17.142.
2. Interior alterations. Changes to interior partitions or other non-structural improvements may be
made within structure that is legal nonconforming.
C. Repairs and maintenance.
Ordinary repairs and maintenance work may be made to legal nonconforming structures, subject to
the following provisions:
1. Ordinary repairs and the repair or replacement of nonbearing walls, 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.
(Ord. No. 951, § 6, 8-11-15)
17.72.050 - Legal nonconforming lots.
Nonconforming lots may be developed in conformance with the provisions outlined in Article 2, Chapter
17.08, Section 17.08.050.
(Ord. No. 951, § 6, 8-11-15)
17.72.060 - 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.
(Ord. No. 951, § 6, 8-11-15)
17.72.070 - Residential exceptions.
The purpose of this section is to preserve residential development rights for properties that were legally
developed with residential dwellings and accessory structures, but through the course of zoning code
amendments and zone changes have been made legal nonconforming.
A. Existing single-family or duplex dwellings with nonconforming side yards solely due to the
application of Ordinance No. 851. 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
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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:
1. The enlargement or addition conforms to all other requirements and standards of the current
Zoning Code;
2. 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
3. The enlargement shall not exceed fifty (50) percent of the existing floor area of the dwelling
unit or duplex.
4. 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 subject pursuant to the standards set forth in Chapter
17.142 (Minor Exceptions).
B. Addition of new structures on R-1 and R-2 lots where nonconforming residential structures exist.
R-1 and R-2 lots may be expanded with additional separate residential units or related separate
accessory structures, provided that the additional structures comply with the development
standards and requirements of this Zoning Code. Such expansion shall be processed pursuant
to the standards set forth in Chapter 17.142 (Minor Exceptions), with the following exceptions:
1. Supplemental Application Information. A completed application form for a Minor Exception
pursuant to this Section shall be accompanied by the following:
a. A reference to the provisions of this Chapter from which such property is sought to be
excepted; and
b. Written consent to the Minor Exception from all property owners abutting the property.
Such written consent shall be on a form provided by the City and shall include the
property owner's signature.
2. Approval Procedure. A Minor Exception request in accordance with this Section may be
granted only after a public hearing before the Planning Commission held pursuant to Chapter
17.156. All of the following findings shall be made by the Planning Commission in conjunction
with the approval of the Minor Exception request:
a. The applicant provides signed written consent on a form created by the City from all
property owners of land abutting the subject property and submits a notarized sworn
declaration on a form created by the City, stating that the declaration is made under
penalty and perjury that all written consents are true and accurate.
b. The proposal includes all necessary work to eliminate any hazard or safety problem on
an existing structure, as required by the Building Official or by an officer of the City
charged with protecting the public safety, in order to correct an unsafe condition;
c. The proposal includes the necessary work to maintain or improve the aesthetic
appearance or architectural viability of the existing nonconforming structures onsite;
d. The legal nonconforming residential unit(s) that exist onsite are solely nonconforming
due to minimum residential unit floor area, setbacks, building separation, building
height, entry treatment height, and second story architectural standards;
e. The legal nonconforming residential accessory structure(s) proposed to remain onsite
are solely nonconforming due to driveway width, turning radius, minimum stall size,
setbacks, or landscaping;
f. No previous discretionary permit has been approved for the subject site; and
g. The subject lot does not require the approval of a Design Review entitlement.
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C. 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 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 than 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.
D. 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.
(Ord. No. 951, § 6, 8-11-15)
17.72.080 - 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
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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 9:00 p.m. to 7:00 a.m., or resulting in the persons
obstructing or interfering with the free passageway in the parking areas or on said pedestrian
walkways, or which becomes a place where an unreasonable number of violations of Title 9
(Public Peace, Morals and Welfare) of this code (such as underage drinking or gambling); or
B. The right to continue the use of a nonconforming structure shall terminate when the structure and/or
the parcel on which it is located is determined to be a public nuisance by order of the Hearing Officer
made pursuant to Chapter 8.44 of this code, or by judgment or order of a court of competent jurisdiction
and the nuisance is not abated in the manner and within the time stated in the order of the Hearing Officer or order of the court. If the abatement of the nuisance required demolition of the structure, the
order, judgment or order of the court shall find that there is no other way reasonably to correct the
nuisances other than by demolition of the structure.
C. Where it cannot be found that demolition of a structure is appropriate, the Hearing Officer shall permit
the structure to remain in existence, but may impose one or more conditions to bring the structure into
conformity with the requirements of this Title so far as is reasonable in addition to any other conditions necessary to abate the public nuisance.
D. Notwithstanding the provisions set forth in Section 17.72.080.A-C, any legal nonconforming use or structure that was approved with a discretionary permit that is in violation of any condition of approval,
law, statute, or City ordinance shall be modified or revoked in accordance with the applicable
revocation procedures set forth in the Rosemead Municipal Code.
(Ord. No. 951, § 6, 8-11-15)
17.72.090 - Amortization.
The Zoning Code gives the City Council the authority to establish Amortization Regulations for
nonconforming uses, structures, and buildings.
(Ord. No. 951, § 6, 8-11-15)
Chapter 17.76 - OUTDOOR SALES AND GARAGE SALES
Sections:
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, Garvey Avenue
Specific Plan, and RCMUDO zones seeking outdoor display of merchandise shall submit an
application to the Community Development Director for an Outdoor Display Permit. The
application shall be accompanied by a site plan, photos, and other exhibits as may be required to
properly evaluate the request along with an application fee in an amount to be determined by
resolution of the City Council. The application shall include the days of the week, hours, and
number of weeks per year for which the application is requested.
B. The Community Development Director shall approve an application for the outdoor display of
merchandise if the application meets the development standards set forth in this section. The
Community Development Director may place reasonable conditions on the issuance of the permit
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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, Garvey Avenue Specific Plan, 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 (25) percent 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);
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 feet. Displays of merchandise that
exceed four 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 (25) percent of the front of the
business selling the merchandise. The display of trees for sale is not subject to any height
limitation;
7. The items proposed for display and sale are the same as those sold inside the store or items
that would typically be sold at the business and do not consist of unprepared, packaged
merchandise. For purposes of this section "Unprepared, Packaged Merchandise" means
items that have been sealed, wrapped or packaged in protective materials not designed for
profession merchandise displays;
8. Additional signs, beyond those normally allowed for the subject use, shall not be provided
for the outdoor display and sales area;
9. A display area shall be consistent with the City's General Plan, zoning ordinances, and other
regulations;
10. A display area shall not be detrimental to the public health, safety, or welfare;
11. A display area shall not create a public nuisance; and
12. A display area shall not emit noise, odor, smoke, or other obnoxious substances;
E. Outdoor Display Operational requirements. Once approved, outdoor displays shall meet the
following requirements:
1. Support structures such as tables and racks used in conjunction with the outdoor display of
merchandise shall be removed at the end of each business day; and
2. Merchandise shall be maintained in a neat and orderly manner at all times.
F. Appeals. Any decision made pursuant to this section may be appealed pursuant to Chapter 17.160 (Appeals and Requests for Review).
Page 217
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 noncompliance. The permittee shall have a right to appeal the notice of revocation
pursuant to Chapter 17.160 (Appeals).
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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:
A. No more than two garage sales per address shall be conducted in any six-month period.
B. Garage sales shall only be held between the hours of eight a.m. and eight p.m., for a maximum
of three consecutive days. Inclement weather may extend the period of time equal to the days
lost.
C. The merchandise for sale shall consist only of the property owner's or occupant's personal goods.
Outside consignments, lot purchases, and the like, for the purpose of resale shall not be
permitted. D. The sales area may be conducted on any portion of the ground area of the property
outside of the residential dwelling unit or within a garage. No merchandise shall be placed on any
public property or right-of-way.
E. No advertising signs shall be posted more than one week prior to the initial sale date. No signs
relating to such sale shall be placed on the premises except one double-face sign not to exceed
six square feet, as measured on one side and only located on the subject property. No signs shall
be placed on any public property (i.e., utility pole, traffic sign), right-of-way, or vehicle parked on a public street, alley, or private easement. The conductors of the sale shall remove all signs
immediately at the end of the sale.
F. The resident of the property shall first obtain a City permit and a copy of such permit shall be
displayed at the site of the sale at all times during such sale. Proof of residency is required.
Acceptable forms of proof of residency include utility bill, picture ID, rental agreement, and
mortgage statement. Cell phone, cable, and credit card bills will not be accepted as a proof of residency, nor will bank statements.
G. The provisions of this Section shall not apply to churches, public and private schools, or charitable organizations if the sale is conducted on the property of the organization and not in a private
residence. If such sale is conducted in or on the premises of a private residence, all of the
provisions of this section shall apply.
H. Violation of any provision of this section is determined to constitute an infraction, punishable by a
fine not exceeding one hundred dollars ($100.00) for a first violation, a fine not exceeding two
hundred dollars ($200.00) for a second violation of the same section within one year and a fine
not exceeding five hundred dollars ($500.00) for each additional violation of the same section
within one year. A fourth violation within one year shall constitute a misdemeanor.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
Chapter 17.84 - DENSITY BONUS
Sections:
Page 218
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.84.020 - Applicability.
This chapter applies only to a housing development containing five or more dwelling units, excluding
density bonus units. Chapter 17.21 and the Garvey Avenue Specific Plan shall apply to projects within the
Specific Plan area.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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
percent of the total units of the residential development as units affordable to very low-income
households. (For each additional one percent increase in units affordable to very low-income households, the density bonus shall be increased by two and one-half percent, up to a maximum
density bonus of thirty-five (35) percent.)
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 percent increase in units affordable to lower-income households, the density bonus shall be increased by one and one-half 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 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 percent increase in ownership units affordable to moderate-income
households, the density bonus shall be increased by one 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 (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.
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Table 17.84.030.1
DENSITY BONUS SUMMARY FOR VERY LOW/LOWER/MODERATE-INCOME
AND QUALIFYING RESIDENT/SENIOR UNITS
Target Housing Units
Minimum Amount
of Target Units
Required
Eligible
Density
Bonus
Additional Density
Bonus for Each 1%
Increase in Target
Units
Maximum
Density Bonus
Allowed
Very Low-Income
Households 5% 20% 2.5% 35%
Lower-Income
Households 10% 20% 1.5% 35%
Moderate-Income
Households (Ownership
Units Only)
10% 5% 1% 35%
Qualifying
Resident/Senior Housing
35 units (100%
senior, no affordable
units required)
20% Not applicable Not applicable
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.84.050 - Density bonus general provisions.
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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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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).
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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
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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 nonresidential land uses will reduce the cost of the residential development, and if the City finds
that the proposed nonresidential 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 or more incentives and concessions as follows in Table 17.84.070.1. Incentives or
concessions may be selected from only one category (very low-, lower-, or moderate-income).
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% 1
10% 2
15% 3
Lower-Income Units
10% 1
20% 2
30% 3
Moderate-Income Units (Ownership Units Only)
10% 1
20% 2
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30% 3
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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 on-site parking space for up to one bedroom;
2. Two on-site parking spaces for up to three bedrooms;
3. Two and one-half parking spaces for more than three 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).
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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 percent increase above the minimum
ten (10) percent land donation, the density bonus shall be increased by one 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.
Page 223
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 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 housing units on the transferred land
unless the City Council finds that the applicant has provided specific assurances guaranteeing
the timely completion of the very low-income units, including satisfactory assurances that
construction and permanent financing will be secured for the construction of the units within a reasonable time.
2. The transferred land and the very low-income units constructed on the land shall be subject to a recorded density bonus housing agreement, required pursuant to Section 17.84.140, ensuring
continued affordability of the units consistent with the density bonus housing agreement, which
restriction on the property shall be filed for recordation by the Community Development Director
with the Los Angeles County Recorder's Office at the time of dedication.
3. The land shall be transferred to the City or to a housing developer approved by the City. The City
reserves the right to require the applicant to identify a developer for the very low-income units and to require that the land be transferred to that developer.
4. The transferred land is within the site boundaries of the proposed residential development. However, the transferred land may be located within one-quarter mile of the boundary of the
proposed residential development provided that the City Council finds, based on substantial
evidence, that off-site donation will provide as much or more affordable housing at the same or
lower income levels, and of the same or superior quality of design and construction, and will
otherwise provide greater public benefit than donating land on-site.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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:
1. 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
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2. An additional incentive/concession that contributes significantly to the economic feasibility of the
construction of the day care center.
B. The City may approve the density bonus or incentive/concession described in this Section if it makes
all of the following findings and requires as a condition of approval that:
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
Table 17.84.120.1: Density Bonus Summary for Land Donation, Day Care Center and
Condominium Conversion
Category
Minimum
Amount of
Land or
Target Units
Required
Eligible Density
Bonus Notes
Page 225
Land Donation for
Very low-income
Housing
10% of the
land for the
project
15% (additional 1%
density bonus for
each 1% increase in
donated land, up to
a maximum of 35%)
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 35 percent
Day Care Center —
Equal to the square
footage of the gross
floor area of the day
care center
Eligible for either a density bonus or other
incentives/concessions of equivalent
financial value in accordance with State law,
at the City's option. This shall be in addition
to any increase in density allowed by Section
17.84.030
Condominium
Conversion—
Lower-Income
Households
15% of total
units in
project
25%
Eligible for either a density bonus or other
incentives/concessions of equivalent
financial value in accordance with State law
Condominium
Conversion—
Moderate-Income
Households
33% of total
units in
project
25%
Eligible for either a density bonus or other
incentives/concessions of equivalent
financial value in accordance with State law
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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. 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;
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4. Number of parking spaces as well as where the parking is located (subterranean garage, tuck-
under, attached garages, above-grade, parking garage, etc.);
5. Project amenities; and
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.
1. 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.
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 child care 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 child care
facility and the additional incentives/concession shall be shown.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.84.140 - Density bonus housing agreement.
Page 227
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
Chapter 17.88 - LIGHTING
Sections:
17.88.010 - Applicability.
The lighting provisions contained in this chapter shall apply to all multifamily residential, commercial,
industrial, residential/commercial mixed-use or commercial/industrial mixed-use development.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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 multifamily, 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
Page 228
Chapter 17.92 - PUBLIC ART
Sections:
17.92.010 - Applicability.
Freely accessible on-site public art work shall be integrated into development projects located within
the C-4 zone.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.92.020 - Definitions.
The following words or phrases shall have the following meanings when used in this chapter:
"Art" or "Art Work." Art, including, but not limited to, sculpture, painting, graphic arts, mosaics, photography, crafts, and environmental works. Art or art work as defined herein may be permanent, fixed,
may be an integral part of a building, facility, or structure, and may be integrated with the work of other
design professionals.
"Artist." An individual generally recognized by critics and peers as a professional practitioner of the
visual, performing, or literary arts, as judged by the quality of that professional practitioner's body of work,
educational background, experience, public performances, past public commissions, sale of works,
exhibition record, publications, and production of art work. The members of the architectural, engineering,
design, or landscaping firms retained for the design and construction of a development project covered by
this section shall not be considered artists for the purposes of this section. This definition applies only to
the requirements of the section.
"Freely Accessible." The art work is accessible to and available for use by the general public during
normal hours of business operation consistent with the operation and use of the premises.
"Public Art or Art Work." On-site art work produced by an artist, as defined herein, or team of artists,
that is freely accessible on private property.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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;
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.
Page 229
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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 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.
Page 230
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
Chapter 17.96 - GREEN BUILDING
Sections:
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).
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
Page 231
G. The city of Rosemead formally recognizes two types of green building projects: (1) nonresidential
projects, and (2) residential projects.
1. The nonresidential 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 nonresidential (commercial) sector, where specialized professionals will be
involved already.
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
Chapter 17.104 - OAK TREE PRESERVATION
Sections:
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
Page 232
"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 grade within the protected
zone of a protected tree, changing groundwater levels or drainage patterns, or trenching, excavating or
paving within the protected zone of an oak tree.
"Deadwood" shall mean limbs or branches that contain no green leaves or live tissue. A tree or limb
may be considered dead if it does not show evidence of any green leaves or live branches over the span
of one year, inclusive of prime growing weather.
"Director," in a matter involving private property, means the Community Development Director and
"director," in a matter involving public property or property to be dedicated for public use, means the Director
of Public Works.
"Dripline" shall mean the outermost edge of the tree's canopy. When depicted on a map or on the
ground, the dripline will appear as an irregularly shaped outline that follows the contour of the furthest
extension of the limbs and leaf canopy.
"Modification, process of" means the change in any land that has or had improvements, buildings and
the like for another or expanded use. For the purposes of this subsection, minor maintenance and repair of
existing structures and accessory buildings would be exempt from the provisions.
"Oak Tree" shall mean any oak tree of the genus Quercus, including, but not limited to, Valley Oak
(Quercus lobata), California Live Oak (Quercus Agrifolia), Canyon Oak (Quercus chrysolepis), Interior Live
Oak (Quercus wislizenii), and Scrub Oak (Quercus dumosa), thirty-seven and one-half inches in
circumference; (twelve (12) inches in diameter) as measured four and one-half feet above the root crown. In the case of properties located in the R-1 (Single-Family Residential) and R-2 (Light Multiple Residential)
zone, Scrub Oak (Quercus dumosa) shall be excluded from this list.
"Preservation" means the acts of keeping or saving a tree from harm or destruction by proper
maintenance, pruning, treatment and other means of safeguarding trees.
"Private Property" means land owned by individuals, partnerships, corporations, firms, churches,
fraternities and the like to which land access by the public is generally restricted.
"Pruning" and/or "Trimming" means the cutting of any limb or branch.
"Public Property" means land owned by a public or governmental entity and generally accessible to
the public.
"Root Crown" means that portion of a tree trunk from which roots extend laterally into the ground.
"Routine Maintenance" shall mean actions taken for the continued health of an oak tree such as insect
control spraying, limited watering, fertilization, deadwooding and ground aeration. For the purposes of this
development code, routine maintenance shall include pruning pursuant to the requirements of Section
17.104.090G.
"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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.104.040 - Permit required.
Page 233
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 inches in diameter) shall be exempt from the requirements of this section.
Other exemptions are listed in Section 17.104.090 of this chapter.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.104.070 - Permit approval—Conditions.
Such conditions as deemed necessary and appropriate to insure the proper enforcement of this
chapter may be made a part of the tree permit. Such conditions may involve, but shall not be limited to, the
following:
A. The replacement of the oak tree proposed for removal with oak trees of a suitable type, size,
number, location and date of planting based upon a ratio of two new trees for every one removed;
B. In cases where conditions preclude the project site from planting the replacement trees, the
Director may consider planting replacement trees on public property such as designated open
space areas, public parks, etc.;
C. A condition requiring an objectively observable maintenance and care program to be initiated to
ensure the continued health and care of oak trees on the property;
D. The installation of six feet high chain link fencing five feet beyond the drip lines and, four signs,
two 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;
E. Restrictions upon cuts, fills and/or grading within the drip line area;
F. The submittal of a tree report prepared by a certified arborist evaluating oak trees as defined in
Section 17.104.030. The report shall evaluate and recommend proper mitigation measures
including, but not limited to, relocation, trimming, reinforcing, bracing and other measures needed
to preserve the oak trees. All oak trees identified in the report shall be numerically tagged for identification purposes with a two-inch square metal marker.
Page 234
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.104.090 - Exemptions from permit requirements.
Notwithstanding the provisions of this Code, a permit is not required under the following circumstances:
A. For the removal of trees that do not exceed thirty-seven and one-half (37.5) inches in
circumference; (twelve (12) inches in diameter) as measured four and one-half feet above the
root crown.
B. In cases of emergency, including, but not limited to, thunderstorms, windstorms, floods,
earthquakes, fires or other natural disasters or potential safety hazards. Authorized City official, or any member of law enforcement or law enforcement agency, forester, fireman, civil defense
official or Code Enforcement Officer in their official capacity may order or allow the removal of
part or all of a protected tree if, upon visual inspection, such tree is determined to be in a
hazardous or dangerous condition. If possible, prior notice to the Director shall be provided. Subsequent to the emergency action, written notification shall be provided to the Director
describing the nature of the emergency and action taken.
C. For trees planted, grown and/or held for sale as a part of a licensed nursery business.
D. Pruning by a public service or utility necessary to protect or maintain overhead clearance for existing electric power or communication lines, or public rights-of-way, subject to prior notice to
the Director in nonemergency situations. All pruning work shall follow proper arboricultural
practices as approved by the Director and/or the City's urban forester.
E. Pruning of limbs or deadwood provided such live limbs do not exceed twenty-eight (28) inches
(nine 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 scrub oaks (Quercus dumosa).
G. Routine maintenance as defined herein.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.104.110 - Standards for granting permits.
Page 235
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.104.120 - Tree preservation plan.
When an application is filed for a conditional use permit for commercial development, tentative tract
map, discretionary site plan and design review, or minor land division concurrently a tree preservation plan shall be submitted showing all trees. The plan shall be drawn to twenty (20) scale or equivalent. A tentative
map or land surveyors map may be used as a substitute for a tree preservation plan provided the following
information listed in subsections A through I of this section is included on the map. All tree preservation
plans shall include the following information:
A. Location of all trees;
B. Proposed property lines;
C. Tree drip lines;
D. Botanical and common names of all trees;
E. Contour lines at one-foot intervals showing elevations of the site;
F. Existing and proposed elevations caused by grading on the site;
G. Location of existing and proposed buildings, paving or other structures;
H. The size, type, location and depth of proposed utility trenching or easement;
I. Any additional information as required by the Director.
The plan shall show details to justify any tree that is to be relocated or removed at the subdivision,
grading, or construction stages of development. Failure to submit the plan in acceptable detail, shall be
grounds for rejection as an incomplete development application pursuant to Section 65943 of the
Government Code.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.104.130 - Appeals.
The decision of the Director may be appealed as set forth in Chapter 17.160 (Appeals and Requests
for Review).
Page 236
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
Chapter 17.112 - OFF-STREET PARKING AND LOADING
Sections:
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
Page 237
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.112.040 - Number of spaces required.
Off-street parking spaces shall be provided in compliance with Table 17.112.040.1.
A. Off-Street parking requirements. Except as otherwise specifically stated, the following rules apply
to the required parking.
1. "Square feet" (or "sf") means the "gross floor area" and refers the total building floor area
unless otherwise specified.
2. Where parking spaces are required based on a per-employee ratio, this shall mean the total
number of employees on the largest working shift.
3. For the purpose of calculating parking requirements, a den, study, or other similar room that
may be used as bedrooms, as determined by the Community Development Director, shall
be considered bedrooms.
4. Where the number of seats is listed to determine required parking, seats shall mean to be
fixed seats. Where fixed seats provided are either benches or bleachers, each twenty (20)
linear inches of the bench or bleacher shall be considered a seat. If fixed seats are not
provided, the total amount of seating shall be deemed to be the occupancy limit for the room
in which the seating is provided as determined by the Building and Safety Department.
B. Minimum Parking Requirements. Unless off-street parking reductions are allowed pursuant to
Section 17.112.050, the number of off-street parking spaces required by Table 17.112.040.1 shall be considered the minimum necessary for each use. In conjunction with discretionary
development permits, the approving authority may increase or decrease these parking
requirements if it is determined through a parking study as outlined in this chapter that these
requirements are inadequate for a specific project.
C. Requirements for Unspecified Uses. Parking requirements for structures and uses not set forth
in Section 17.112.040 of this chapter shall be determined by the Community Development Director, and such determinations shall be based on the requirements for the most comparable
structure or use specified.
D. Calculation/Rounding of Quantities. When the calculation of the required number of off-street
parking spaces results in a fraction of 0.50 or greater, the total number of spaces shall be rounded
up to the nearest whole number. If the fraction is equal to or less than 0.49 of a space, the total
number of spaces shall be rounded down to the nearest whole number.
E. Mixed-Use without Residential/Multiple Tenants. Except as otherwise provided in this chapter, for
each separate use, a site with multi-tenants, or a combination of principal uses in any one facility, the development shall provide the aggregate number of parking spaces required for each
separate use, unless a parking study has been prepared and approved pursuant to this chapter
or except as provided for in Section 17.112.050 (Alternative Parking Provisions).
Page 238
F. Garvey Avenue Specific Plan. Unless specifically provided therein, Specific Plan parking
standards and regulations within the Specific Plan area shall take precedence over this Chapter.
Table 17.112.040.1: REQUIRED PARKING
OFF-STREET PARKING REQUIREMENTS
Required Parking
Residential Uses
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
MultiFamily 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
Page 239
Mobile Home Parks 2 spaces per mobile home on the same lot
Retail Trade Uses
Appliance and Furniture Store 1 space per every 500 sf
Large Warehouse-type Retail
Sales and Bulk Merchandise
Facilities
1 st 10,000 sf - 1 space per 300 sf
Over 10,000 sf - 1 space per 500 sf
Plus 1 per 1,000 sf of outdoor merchandise areas
Retail Sales (single tenant) 1 per 250
Shopping Center
A shopping center that has four 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:
Centers with up to 100,000 of floor area: 1 per 250 sf
Centers with over 100,000 of floor area: 1 per 280 sf
Vehicle Rental 1 per 250 sf, plus 1 per rental vehicle (not including bicycles and
similar vehicles)
Vehicle Sales, Office only (no car
storage or inventory storage) 1 per 250 sf
Vehicle Sales (New or Used) 1 per 250 sf, plus 1 per display vehicle (not including bicycles and
similar vehicles)
Visitor Accommodations
Hotels and Motels 1 space per guest room plus applicable requirement for additional
uses, plus 1 space per 3 employees, or as required by a parking study
Business, Financial, and Professional
Financial Institutions and
Related Services 1 per 250 sf
Offices - Business or Corporate 1 per 250 sf
Offices - Medical 1 per 250 sf
Page 240
Eating and Drinking Establishments
Bars, Lounges, Nightclubs, and
Taverns 1 per 100 sf
Catering 1 per 400 sf
Fast Food (drive-thru, take-out,
coffee/tea shops) 1 per 100 sf
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
Outdoor Dining and Seating
(Including Patios and Accessory
Areas open to the public)
When outdoor seating area exceeds 50% of the gross interior floor
area, 1 parking space for each 200 square feet of floor area
exceeding the 50% interior floor area shall be provided. Otherwise,
no additional parking shall be required for outdoor dining area(s).
Service Uses - General
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
Automobile Washing/Detailing 4 spaces plus 1 per employee plus stacked parking equal to 5 times
the capacity of the wash facility
Page 241
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
Care Uses
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
Ambulance Service (Limited
Fleet) 1 per 500 sf plus 1 parking space for each company vehicle
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
Assembly and Education Facilities
Page 242
Assembly/Meeting Facilities
1 space per 5 fixed seats or 1 per 75 sf of floor area used for
assembly not containing seats. (1 space per 20 linear inches of bench
seating area shall be considered a fixed seat)
Colleges 1 per 3 daytime students plus 1 per employee
Elementary and Intermediate
(K—8) 2 per classroom plus 1 per 350 sf of office/administrative area
High Schools 6 per classroom 1 per 350 sf of office/administrative area
Library 1 per 300 sf
Places of Religious Assembly
1 space per 5 fixed seats or 1 per 75 sf of floor area used for
assembly not containing seats (1 space per 20 linear inches of bench
seating area shall be considered a fixed seat)
Trade School, Business College,
or Tutoring Facility 1 space per 2 students plus 1 per employee
Amusement and Recreation
Bowling Alley 4 spaces per lane
Game Arcade, Internet Cafe 1 per 2 computer terminals or 1 per 200 sf, whichever is greater
Health/Fitness Facility 1 per 200 sf
KTV Studios (Karaoke) 1 space per 100 sf
Museum 1 per 300 sf
Theaters, movie or live
performance
1 per 5 seats for up to 800 seats, plus 1 per 8 seats for seats in excess
of 800 seats
Industry, Manufacturing, and Warehouse
Page 243
Manufacturing (Primary Use)
1 per 400 sf of industrial manufacturing use, plus 1 per 250 sf of
office use, plus 1 per vehicle operated in connection with the
business
Personal Storage (Mini-Storage
or Self-Storage)
1 per 4,000 sf (10 minimum), plus 1 per 250 sf of office plus 2
covered for caretaker, if appropriate, plus 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
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.112.050 - Alternative parking provisions.
A. Parking Requirement Determined by Parking Study. In the event the proposed land use is for a multi-
tenant and/or mixed use development or involves a Specific Plan or Planned Development Permit, the
Community Development Director may authorize the preparation of a parking study to determine the
required number of parking spaces as an alternative to the number of off-street parking as outlined in
Table 17.112.040.1 and other applicable provisions of this chapter, subject to the following conditions:
1. Parking determined by a parking study shall be approved, modified and/or denied by the 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.
Page 244
2. Circumstances and Requirements for Allowing Shared/Joint Use Parking Arrangements.
a. Where it can be demonstrated that two 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.
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.112.070 - Use of recreational vehicles and nonresidential trailers.
A. Use of Recreational Vehicles.
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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 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 weeks in
any six-month period, for use by the owner of the property or their invited guests.
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.
1. Zones Permitted. Commercial and Industrial Zones. In the C-1, C-3, C-4, CBD, P-D, CI-MU, and
M-1 zones, a nonresidential trailer may be used for a period of not to exceed one year as a
temporary office used only by employees of the principal business or use occupying the property
not open to the general public. The use of any trailer shall be contingent upon the principal business and trailer meeting off-street parking requirements. All nonresidential trailers shall be
architecturally compatible with surrounding buildings and fitted with appropriate skirting,
landscaping and other screening devices.
2. Conditions Applicable to All Nonresidential Trailers.
a. A nonresidential trailer shall include any trailer coach designed for human use, occupation
or habitation, other than for residential purposes. Any such trailer shall be installed and
maintained in accordance with the Uniform Building Code, Fire Code, provided no piping for
water is permitted and the appropriate permits are obtained.
b. Nonresidential trailers may be used as construction offices on or adjacent to any site on
which a building permit has been issued and the project is being diligently pursued. Such trailers shall be removed upon expiration of the permit or completion of the project.
3. Any trailer uses not meeting the above standards, or not otherwise permitted under Chapter 17.124 (Temporary Use Permits and Special Events), may apply for an Administrative Use Permit
pursuant to Chapter 17.128 of this Code.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.112.080 - General use provisions for off-street parking spaces.
A. Living or sleeping in any vehicle is prohibited.
B. Any vehicle or trailer which is inoperable and/or without current registration shall not be in plain view
of the street and shall be stored entirely within an enclosed structure. No such vehicle or trailer shall
be parked or stored in any yard on residential property.
C. Building and Safety Division Certificates of Use and Occupancy. A Certificate of Use and Occupancy
for any structure or premises shall be issued only after all the required parking and loading facilities have been completed in conformance with the provisions of this chapter.
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D. Changes in Uses. When the use of any structure or premises is changed to a different use having a
higher parking requirement, additional parking shall be provided to meet the new requirements prior
to the issuance of a new business license.
E. Nonconforming Parking Facilities. Off-street parking and loading facilities made nonconforming by the
adoption of this chapter shall conform to the requirements of Section 17.72.050 and shall not be
reduced below the requirements for an equivalent new structure or use. All such facilities shall be
continued for as long as the structure or use served is continued or until equivalent facilities are
substituted in conformance with the provisions of this Section.
F. Facilities Not Required. Any off-street parking or loading facility which is permitted but not required by
this Section shall comply with all the provisions of this Section governing the location, design,
improvement, and operation of such facilities.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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 feet high, and twenty (20) feet long and shall be in a garage. Not more than one
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 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 feet.
2. Nonresidential Parking Space Dimensions.
a. Customer parking shall be a minimum dimension of nine feet wide by eighteen (18) feet
deep. Parking stalls may overhang landscape planters by two feet.
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 car parking space shall be eight feet wide and sixteen (16) feet long. All stalls
must be identified by painting "Compact" in each stall using letters no less than ten (10)
inches in height. Support columns and/or lighting standards shall not intrude into the
minimum dimensions. Compact car parking shall be, as much as is practical, grouped in a
common location subject to the approval of the Community Development Director.
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 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 dwelling units shall be a minimum of twelve (12)
feet wide.
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b. Except as otherwise provided with respect to the R-3 zone, driveways used to serve more
than two dwelling units shall have a width of not less than eighteen (18) feet unless there are
two 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.
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
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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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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 use 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
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B. Adequate entries and exits to and from parking facilities by means of clearly defined drive aisles shall
be provided for all vehicles. Circulation within a parking facility shall be such that:
1. A vehicle using the parking facility need not enter the street to reach another aisle within the same
facility.
2. All parking spaces and garages shall be accessible and usable for the full number of parking spaces required whenever the use or structure which they were built to serve is in operation.
C. A public alleyway of a minimum paved width of twenty (20) feet may be used for vehicle backup providing:
1. That the balance of the required backup distance is achieved; and
2. That in the opinion of the City Engineer such parking configurations shall not create a public safety
problem.
D. One-way driveways, ramps and aisles shall have directional markings to indicate and assure one-way
vehicular circulation.
E. Continuous curbs and/or headers shall be used instead of individual wheel stops, unless otherwise
approved by the Community Development Director.
F. The illumination of a parking or loading facility shall conform to the requirements standards contained
in Chapter 17.88 Lighting.
G. Grade of entrances, spaces and driveways.
1. Entrance Driveways. Driveways shall not exceed a maximum grade of twelve (12) percent plus
or minus six percent measured along the driveway centerline, unless approved by the City
Engineer. Where there is a change in slope of the driveway, it shall be demonstrated that vehicles will be able to pass over the change in slope without interference with the vehicle's undercarriage.
2. Parking Spaces. Parking spaces and abutting access aisles shall have a maximum grade of five percent, measured in any direction.
H. Parking Space Markings. Parking stalls shall be striped with three-inch double lines, six inches apart.
The stall width shall be measured from the center point of each double striped marking.
I. Access and Maneuvering Markings. In all parking facilities containing twenty-one (21) or more spaces,
the aisles, approach lanes, and maneuvering areas shall be clearly marked with directional arrows and
lines to expedite traffic movement. Once a parking facility has been marked in accordance with the
approved site plan, the markings shall be permanently maintained.
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.
K. Parking Adjacent to Residential Zones. Where a parking area abuts property classified for R uses, it
shall be separated by a solid masonry wall, six feet in height. The wall, from the front property line to
a depth equal to the required front yard on the abutting R classified property, shall be forty-eight (48)
inches in height.
L. Parking Areas Adjacent to Streets. Where parking area abuts a street, a landscape strip of at least five
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:
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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 feet in height
and shall consist of compact evergreen plants. Hedges shall not be planted within five feet
of any driveway in order to maintain clear visibility at ingress and egress points.
c. An earth berm with a height of three feet to four 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 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 percent landscaping of each M-1 lot
in compliance with this chapter. Before development of such a parking area, the applicant 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).
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.112.112 - Bicycle parking.
Bicycle parking shall be required for all nonresidential development projects in accordance with the
standards set forth in Chapter 12.32 of the Rosemead Municipal Code.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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 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
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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 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.
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Field Code Changed
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Figure 17.112-1: Parking Layout
Field Code Changed
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Figure 17.112-2
Figure 17.112-3
(Ord. No. 931, § 5(Exh. A), 10-22-13)
Chapter 17.116 - SIGNS
Sections:
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;
Field Code Changed
Page 255
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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:
"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
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permanently affixed to a building. All temporary signs must be removed within ten (10) days after the
conclusion of the event which they advertise.
"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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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. Unless specifically
provided therein, the Garvey Avenue Specific Plan signage standards established in this Title under
Chapter 17.21 within the Specific Plan area shall take precedence over 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.114.040 - Exceptions.
The provisions in this chapter shall not apply to the following signs except as otherwise indicated
herein:
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;
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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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.116.060 - Signs in R (residential) zones.
Signs in all R (residential) zones shall be designed and located in a manner which does not interfere
with adjoining residential uses, and which assures general aesthetic controls for a harmonious residential
and visual environment in the surrounding neighborhood. Those signs permitted in R (residential) zones
shall be:
A. Sale, Lease or Rent Signs. One sign not to exceed seven square feet in sign area.
B. Temporary Signs During Construction. One temporary sign, not to exceed sixteen (16) square
feet in area, giving the names and other pertinent information of the architects, contractors and
engineers of the project during 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 (10) 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.
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D. Subdivision Signs. Subdivision signs for the limited purpose of advertising the existence and
availability of new single-family, duplex or multiple-family dwellings in an approved subdivision,
may be erected on property included within the approved subdivision. Such signs shall not exceed
a maximum size of six feet by twelve (12) feet and an area of seventy-two (72) square feet, nor a
maximum height of twenty (20) feet measured from the adjacent grade level to the top of the sign.
1. Removal of Subdivision Signs. The developer, upon receiving approval of any subdivision,
shall agree, in writing, to remove all signs from the tract within fifteen (15) days after the
close of escrow on the last lot on which the signs are located, and shall grant the City the
right to enter upon the property and remove the signs upon the expiration of the fifteen (15)
days and failure to have removed the signs. The developer shall bear all costs and liability for City removal and disposal of the signs by posting a bond or providing other appropriate
guarantee to performance.
2. Lighting. Subdivision signs may be lighted by internal or indirect lights.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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
(10) 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.
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.
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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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.116.080 - English language use on on-premises signs.
The following regulations shall apply to on-premises signs in the City:
A. All commercial, industrial and professional office on-premises 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.I)
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)
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.116.100 - Billboards prohibited.
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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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
5. All billboards shall be maintained in good condition and repair and shall pose no hazard to
public safety.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.116.130 - Rehabilitation of existing substandard billboards.
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All existing eight-foot by nine-foot size wooden billboards shall be completely removed by their owners
within the time allowed 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 12-foot stainless steel nonilluminated signs at the following locations only:
8640 E. Garvey Avenue FW, single face
8724 E. Garvey Avenue FW, single face
8905 W. Garvey Avenue FW, single face
2708 N. San Gabriel Blvd. FN, single face
9430 Valley Boulevard FW, single face
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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 (10) 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. 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
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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 responsible 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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 (10) 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 (10) 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. No. 931, § 5(Exh. A), 10-22-13)
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:
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. No. 931, § 5(Exh. A), 10-22-13)
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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. No. 931, § 5(Exh. A), 10-22-13)
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 (10) 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. No. 931, § 5(Exh. A), 10-22-13)
Article 5. - LAND USE AND DEVELOPMENT APPLICATION PROCEDURES
Chapter 17.120 - APPLICATIONS AND PROCESSING
Sections:
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. Application of land use and development
application procedures within the Garvey Avenue Specific Plan shall be consistent with the Specific Plan
goals, objectives, and the purpose and character of each land use district.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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
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Chapter 17.160 (Appeals and 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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 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 •
Recommend • — • Decision
Design Review (D-Overlay and
RCMUDO)
•
Recommend • Decision • Appeal
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Design Review (C-4 Zoned Projects) •
Recommend
•
Recommend • Decision
Development Agreements •
Recommend
•
Recommend • Decision
General Plan Amendment •
Recommend
•
Recommend • Decision
Joint/Off-Site Parking Agreement • Decision • Appeal • Appeal
Minor Variances • Decision • Appeal • Appeal
Municipal Code Amendment (Zoning
Code Text Amendment)
•
Recommend
•
Recommend • Decision
Outdoor Sales (Nonresidential) • Decision • Appeal • Appeal
Planned Developments •
Recommend
•
Recommend • Decision
Reasonable Accommodation • Decision • Appeal • Appeal
Sign Plan • Decision • Appeal • AppealSite Plan and Design
Review (Administrative)
• Decision • Appeal • Appeal
Site Plan and Design Review
(Discretionary)
•
Recommend • Decision • Appeal
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
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Yard Sale (Residential) • Decision • Appeal • Appeal
Zone Change •
Recommend
•
Recommend • Decision
Zone Variance •
Recommend • Decision • Appeal
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.120.040 - Optional pre-application review and meeting.
A. Optional Pre-Application Process. A prospective applicant is encouraged to file for a pre-application
review and meeting before completing and filing a land use permit application. The pre-application process is intended to streamline the overall land use approval process by helping the applicant, staff,
and outside agencies identify and resolve critical issues very early in the development process.
1. Pre-Application Filing. For an application to be accepted, the applicant must provide all of the
required information described on the checklist and application form provided by the Planning
Division at the time of application submittal. A letter of authorization from the property owner is
required if the pre-application is not signed by the owner. Incomplete applications will not be
accepted. Only one application may be filed per project.
2. Pre-Application Fee. A fee, as established by Council resolution, shall be paid upon filing of such application.
3. Pre-Application Review. Staff conducts an initial review of the proposal, and the applicant is notified of the time and place of the pre-application meeting within thirty (30) days of the
application submittal.
4. Pre-Application Meeting. The purpose of a pre-application meeting is to inform the applicant of
City requirements as they apply to the proposed project. During the meeting staff will discuss the
City's review process, possible project alternatives or modifications, and identify information and
materials the City will require along with the application, including any necessary technical studies
and information anticipated for the environmental review of the project.
a. The applicant or representative must attend the pre-application meeting.
b. A final comment letter will be sent to the applicant within four business days after the pre-
application meeting.
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.120.060 - Application fees.
A. Application Fees.
1. The City Council shall establish a schedule of fees for the processing of the applications required
by this Zoning Code, hereafter referred to as the Planning Division Application Fee Schedule.
a. The Planning Division Application Fee Schedule is intended to allow recovery of all costs to
the maximum extent by law, incurred by the City in processing permit applications.
b. The Planning Division Application Fee Schedule may be amended as often as deemed
necessary by the City Council.
2. Timing of Payment.
a. Applications shall not be deemed complete, and processing shall not commence, on any
application until all required fees or deposits have been paid. Payment of required fees
and/or deposits shall not deem the application complete.
b. Failure to timely pay supplemental requests for payment of required fees and/or deposits
shall be a basis for denial or revocation of any permit or other requested entitlement, notwithstanding any other provisions of this Zoning Code.
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.120.070 - Initial application review and completeness.
Each application filed with the Planning Division shall be initially processed as follows:
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A. Completeness Review. The Planning Division shall review an application for completeness and
accuracy before it is accepted as being complete and officially filed. The Division will consider an
application complete when:
1. All necessary application forms, documentation, exhibits, materials, maps, plans, reports and
other information specified in the application form, any applicable Division handout, and any
additional information required by the Community Development Director have been provided and
accepted as adequate.
2. All necessary fees and deposits have been paid and accepted.
B. Notification of Applicant. As required by Government Code Section 65943, the applicant shall
receive written notification within thirty (30) days of submittal that the application is complete and
has been accepted for processing, or that the application is incomplete and that additional
information, specified in the written notification, must be provided.
C. Expiration of Application. If an applicant fails to provide the additional information specified in the
City's letter within ninety (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.
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.120.090 - Time limits.
Page 269
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 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 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.
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
additional 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
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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
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
Chapter 17.124 - TEMPORARY USE PERMITS AND SPECIAL EVENTS
Sections:
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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 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.
Page 271
"Special Event" means a short-term event lasting no more than three 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
2. One adult caretaker may be present during nonconstruction 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.124.040 - Allowed temporary uses and special events.
The following temporary uses and special events are allowed, subject to the issuance of a permit, and
only when conducted in compliance with Section 17.124.070 (Conditions of Approval).
A. Temporary Uses.
1. Contractors' Construction Sites (Off-Site). The temporary use of a site for an off-site
contractor's construction, staging, or storage area(s). The permit may be effective for up to
one hundred eighty (180) days and extended in 180-day increments, with the Community
Development Director approval, or the expiration of the companion Building Permit,
authorizing the construction project, whichever first occurs.
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2. Outdoor meetings and group activities/assemblies for three consecutive days or less, and
no more than three 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.
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 days, and no more than three 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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
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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.
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.124.060 - Findings and decision.
The Community Development Director, or his/her designee, shall review the application and may issue a Temporary Use Permit or Special Event Permit that would be operated in full compliance with the Chapter
if the following findings can be made:
A. The operation of the requested temporary use or special event at the location proposed and within
the time period specified will not endanger, jeopardize, or otherwise constitute a menace to the
public convenience, health, safety, or general welfare;
B. The operation of the requested temporary use or special event will not be detrimental to adjoining
properties through the creation of excessive dust, light, noise, odor, or other objectionable
characteristics;
C. The proposed site is adequate in size and shape to accommodate the temporary use or special
event without detriment to the enjoyment of other properties located adjacent to and in the vicinity
of the subject parcel;
D. The proposed parcel is adequately served by streets or highways having sufficient width and
improvements to accommodate the kind and quantity of traffic that the temporary use will or could
reasonably be expected to generate;
E. Adequate temporary parking to accommodate vehicular traffic which would be generated by the
use will be available either on-site or at alternate locations acceptable to the Community
Development Director; and
F. The applicant agrees in writing to comply with any and all of the conditions imposed by the review
authority in the approval of the Temporary Use Permit or Special Event.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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).
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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;
• 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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
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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).
(Ord. No. 931, § 5(Exh. A), 10-22-13)
Chapter 17.128 - ADMINISTRATIVE USE PERMIT
Sections:
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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 Requests for Review) shall
constitute the procedure relating to Administrative Use Permits, except as otherwise specifically provided
in this chapter.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.128.040 - Findings and decision authority.
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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:
1. Approval of the application will not be incompatible or injurious to other properties or land
uses in the vicinity or create conditions materially detrimental to the public health, safety and
general welfare.
2. The use is consistent with the General Plan.
3. The use is consistent with the provisions of this Zoning Code.
4. Processing and approval of the permit application are in compliance with the requirements
of the California Environmental Quality Act.
5. If development is provided for under the Administrative Use Permit, the project is consistent
with the goals and objectives of the applicable standards and Design Guidelines in the
overlying district.
B. Referral to the Planning Commission. If the Community Development Director determines that there are unusual circumstances or special conditions related to an application, the Community
Development Director may defer action and refer the application to the Planning Commission for
final decision.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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 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
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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 revocation and modification
provisions set forth in Chapter 17.168 (Revocations and Modifications).
(Ord. No. 931, § 5(Exh. A), 10-22-13)
Chapter 17.132 - CONDITIONAL USE PERMITS
Sections:
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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:
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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.
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
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(Ord. No. 931, § 5(Exh. A), 10-22-13)
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 year, the Conditional Use Permit shall become null and void and
of no effect.
B. If any condition attached to a Conditional Use Permit is violated or if any law, statute or City
ordinance is violated, the Conditional Use Permit and privileges shall be suspended; provided
that the applicant has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days. Repeated violations of any of the conditions attached to a
Conditional Use Permit may be grounds for revocation of the conditional use permit.
C. In the event that the operation of any part of a facility granted by Conditional Use Permit should
result in substantial complaints to the Planning Division, and when staff investigation determines
that the conditions as originally drafted are not sufficient to properly regulate the use, the
conditions may be modified.
D. For any revocation or modification of a Conditional use permit, as set forth in subsection B or C
of this section, the Community Development Director shall follow the revocation and modification provisions set forth in Chapter 17.168 (Revocations and Modifications).
(Ord. No. 931, § 5(Exh. A), 10-22-13)
Chapter 17.136 - SITE PLAN AND DESIGN REVIEW
Sections:
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;
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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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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. Nonresidential. A Discretionary Site Plan and Design Review by the Planning Commission shall
be required for the following nonresidential 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 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;
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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 façade improvements, front yard porches, and roof pitch changes;
c. The installation of hardscape directly adjacent to a new or remodeled residential driveway;
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, nonstructural 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. Nonresidential. 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
nonresidential building with a total gross floor area less than three thousand (3,000) square
feet;
b. Any addition or modification to a nonresidential 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 façade improvements, including window and
door change outs when a building permit is required, and roof pitch changes;
c. Other nonresidential 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 nonresidential structures shall comply with Chapter
17.72 (Nonconforming Uses, Structures, Lots, and Parking Facilities).
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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 the established
development standards, regulations, and applicable design guidelines and policies.
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(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
Chapter 17.140 - VARIANCES
Sections:
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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
D. The requested Variance would not allow a use or activity that is not otherwise expressly
authorized by the regulations governing the subject parcel.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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 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-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
Page 284
granted unless the Planning Commission finds the facts to be substantiated and to constitute justifiable
cause for the extension.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
Chapter 17.142 - MINOR EXCEPTION
Sections:
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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:
1. 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 20-percent
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 20-percent variation
from existing regulations;
3. Reduction of other than ADA required accessible parking by two spaces; but
a. Not to exceed ten (10) percent 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
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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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.142.040 - Hearing and notice.
If the applicant has been unable to obtain the consent of all property owners as specified in Section
17.142.030.B.2 above, the Community Development Director shall hold a hearing on the application. Such hearing shall be held not less than ten (10) days nor more than forty (40) days after submittal of a complete
application. Not less than ten (10) days before the date of such hearing, notice shall be given by mailing,
postage prepaid, to the owners of all property abutting the exterior boundaries of the subject property.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.142.050 - Investigation of application.
Page 286
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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).
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.142.080 - Voiding of minor exception.
If for a period of six 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
Chapter 17.144 - REASONABLE ACCOMMODATIONS
Sections:
Page 287
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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;
5. The zoning code provision, regulation, or policy from which reasonable accommodation is being
requested;
6. Why the reasonable accommodation is necessary to make the specific property accessible to the
individual.
B. If an individual needs assistance in making the request for reasonable accommodation, the Community
Development Director will make every effort to provide the assistance necessary to ensure that the
process is accessible to the applicant.
C. If the project for which the request for reasonable accommodation is being made also requires some
other discretionary approval (including, but not limited to, a conditional use permit, design review,
general plan amendment, zoning change, annexation, and the like), then the applicant shall file the information required by this section together for concurrent review with the application for discretionary
approval.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
Page 288
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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;
B. The request for reasonable accommodation is necessary to make specific housing available to a
person with a disability as defined under the Acts;
C. The requested reasonable accommodation would not impose an undue financial or administrative
burden on the City;
D. The reasonable accommodation would not require a fundamental alteration in the nature of a City
program or law, including, but not limited to, land use and zoning;
E. The impact on surrounding uses does not negatively impact the public health, safety, and welfare;
F. The physical attributes of and any proposed changes to the subject property and structures are
necessary and appropriate;
G. There are no alternative reasonable accommodations which may provide an equivalent level of
benefit and greater adherence to the Code;
H. The reasonable accommodation would not result in a concentration of uses not otherwise allowed
in a residential neighborhood, to the detriment of the residential character of that neighborhood.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.144.060 - Conditions of approval.
Page 289
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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).
(Ord. No. 931, § 5(Exh. A), 10-22-13)
Chapter 17.148 - DEVELOPMENT AGREEMENTS
Sections:
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.148.030 - Application, filing, and processing.
Page 290
A. City staff shall not begin to negotiate with the applicant until the City Council has so authorized staff,
following completion of the pre-application process as set forth below.
B. The Planning Division shall review the proposal, consult with all City departments, obtain such
additional information from the applicant as may be deemed necessary by the City Manager, and shall,
within forty-five (45) days of receipt of the proposal, prepare a staff report containing the Department's
recommendation to the City Council.
C. The recommendation shall consist of the following:
1. 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;
3. A statement of issues for further research and investigation, and issues which should be
addressed in the Development Agreement; and
4. A statement of those documents, applications and other items required by the Community
Development Director in order to further process the application or negotiate with the applicant.
D. Upon receipt of the recommendation of the Community Development Director, the report shall be set
for a public hearing before the City Council at its next regularly scheduled meeting. The City Council
shall consider at the hearing whether to authorize City staff to negotiate with the applicant concerning
the Development Agreement. The public hearings shall be held pursuant to Chapter 17.156 (Public Hearings and Administrative Review), which is in accordance with Section 65090 and 65091 of the
Government Code.
E. Upon the close of the hearing, the City Council shall either:
1. Direct City staff, by written resolution, to begin negotiating with the applicant, and to prepare a proposed Development Agreement for Planning Commission review; or
2. Determine that no further negotiations are desirable and so state in a written resolution, including the reasons for such a determination, and reject the application.
F. The Planning Division shall, at the applicant's expense and in accord with City procedures for implementation of CEQA, undertake environmental review and, upon completion of such review,
transmit the application, together with the recommendations thereon, to the Planning Commission.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
1. 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 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.
Page 291
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.
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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;
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;
Page 292
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
Chapter 17.150 - SPECIFIC PLANS
Sections:
Page 293
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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, sewer, public facilities,
grading, maintenance, open space, parking, and other elements deemed necessary for the proper
development of the property.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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. Unless otherwise provided therein, amendments
shall be processed pursuant to the provisions of the specific plan. The Garvey Avenue Specific Plan
amendment process established in this Title under Chapter 17.21 within the Specific Plan area shall take
precedence over this Chapter.
Page 294
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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).
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
Article 6. - ADMINISTRATION AND ENFORCEMENT
Chapter 17.152 - GENERAL PLAN, ZONING MAP AND ZONING CODE AMENDMENTS
Sections:
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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,
Page 295
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.152.030 - Processing, notice, and hearings.
A. Application Filing and Processing.
1. If initiated by the filing of an amendment application, the application shall be processed in
compliance with Chapter 17.120 (Applications and Processing).
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 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 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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
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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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
2. Approval of Zoning Code or Zoning Map Amendments. The action by the Council to approve the
Planning Commission's recommendation regarding a Zoning Code or Zoning Map Amendment
shall be by a majority vote of the members present, adopted by ordinance, and shall be final and
conclusive.
3. Approval of General Plan Amendments. The action by the Council to approve the Planning
Commission's recommendation regarding a General Plan amendment shall require the
affirmative vote of not less than a majority of the total voting members in compliance with
Government Code Section 65356, adopted by resolution, and shall be final and conclusive.
B. Referral to Planning Commission.
1. 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).
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.152.060 - Findings.
Amendments to this Zoning Code, the General Plan, or the Official Zoning Map may be approved only
if all of the following findings are first made, as applicable to the type of amendment.
A. Findings for General Plan Amendments.
1. The amendment is internally consistent with all other provisions of the General Plan.
2. The proposed amendment will not be detrimental to the public interest, health, safety,
convenience or welfare of the City.
3. The affected site is physically suitable in terms of design, location, operating characteristics,
shape, size, topography, and the provision of public and emergency vehicle access, and
public services and utilities and is served by highways and streets adequate in width and
improvement to carry the kind and quantity of traffic the proposed use would likely generate,
to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or
otherwise constitute a hazard to the property or improvements in the vicinity in which the
property is located.
B. Findings Required for all Zoning Code and Zoning Map Amendments.
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1. The proposed amendment is consistent with the General Plan and any applicable specific
plan; and
2. The proposed amendment will not be detrimental to the public interest, health, safety,
convenience, or welfare of the City.
3. Additional finding for Zoning Code Amendments. The proposed amendment is internally consistent with other applicable provisions of this Zoning Code.
4. Additional finding for Zoning Map Amendments. The affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the
provision of public and emergency vehicle access, and public services and utilities and is
served by highways and streets adequate in width and improvement to carry the kind and
quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s)
and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the
property or improvements in the vicinity in which the property is located.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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 thirtieth day following the adoption of an ordinance by the City Council.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
Chapter 17.156 - PUBLIC HEARINGS AND ADMINISTRATIVE REVIEW
Sections:
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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
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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.
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 public places within the City, including one 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.156.040 - Hearing procedure.
A. Time and Place of Hearing. 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.156.050 - Decision and notice.
A. Decision.
1. The review authority may announce and record its decision on the matter being considered at the
conclusion of a scheduled hearing, or defer action and continue the matter to a later meeting
agenda in compliance with Section 17.156.040 (Hearing Procedure), above.
2. At the conclusion of a hearing conducted by the Community Development Director, the
Community Development Director may instead refer the matter to the Planning Commission for
review and final decision.
3. The decision of the City Council on any matter shall be final and conclusive.
B. Notice of Decision.
1. Provision of Notice. Following the final decision on an application for a permit or other approval
required by this Zoning Code, the City shall provide notice of its final action to the applicant,
property owner/owner's representative, and to any person who specifically requested notice of the City's final action.
2. Contents of Notice. The notice of the final decision shall contain applicable findings, conditions of approval, reporting/monitoring requirements deemed necessary to mitigate any impacts and
protect the public convenience, health, interest, safety, or general welfare of the City, and the
procedure for appeal.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
Chapter 17.160 - APPEALS AND REQUESTS FOR REVIEW
Sections:
Page 300
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
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.
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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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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 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.
B. 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:
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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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
Chapter 17.164 - ENFORCEMENT
Sections:
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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;
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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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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).
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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; and
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.
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.
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(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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).
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.164.190 - Enforcement of title provisions.
It shall be the duty of the City Manager, or any person, department or agency designated by him to
enforce the provisions of this Title. All departments, officials, public employees and agencies of the City,
contractual or otherwise, vested with the duty or authority to issue permits or licenses, shall conform to the
provisions of this Title and shall issue no permit or license for uses, buildings or purpose in conflict with the provisions of this Title; and any such permit or license issued in conflict with the provisions of this Title shall
be null and void.
The provisions of this Title shall be interpreted and administered by the Planning Commission whose
inspectors or authorized representatives shall have the right to enter upon any premises affected by this
Title for purposes of inspection.
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.
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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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
Chapter 17.168 - REVOCATIONS AND MODIFICATIONS
Sections:
17.168.010 - Purpose.
This chapter provides procedures for securing necessary modification or revocation of previously
approved permits or approvals.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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;
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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;
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
Article 7. - DEVELOPMENT FEES
Chapter 17.170 - GENERAL PROVISIONS
Page 307
Sections:
17.170.010 - Authority.
This Chapter 17.170 of the Rosemead Municipal Code may be referred to as the Development Impact
Fee Ordinance and is adopted pursuant to the police power of the City and under Government Code Section
66000 et seq. (Mitigation Fee Act). All words, phrases, and terms used in this Chapter shall be interpreted
in accordance with the definitions set forth in the Mitigation Fee Act, unless otherwise specifically defined herein.
(Ord. No. 949, § 5, 6-9-15)
17.170.020 - Findings and purpose.
A. The City has prepared a Development Impact Fee Nexus Study. It shows, and the City Council finds
that there is a reasonable relationship between the purpose for which the fees established by this
chapter are to be used and the type of development projects on which the fees are imposed, and between the amount of the fees and the cost of the traffic, public safety, general government, and park
facilities or the portion of those facilities attributable to the development on which the fees are imposed.
B. It is the intent of the City Council that the fee required by this Chapter shall be supplementary to any
conditions imposed upon a development project pursuant to other provisions of the Municipal Code,
the Subdivision Map Act, the California Environmental Quality Act, other state and local laws, which
may authorize the imposition of project specific conditions on development.
C. It is intended that, as further provided for in this Chapter, every person who develops or redevelops
land in the City pay development impact fees established by this chapter, as provided herein. No developer, property owner, or other person or entity shall be eligible to receive a building certificate of
occupancy unless such developer, property owner, or other person or entity has first complied with all
applicable provisions of this chapter.
(Ord. No. 949, § 5, 6-9-15)
17.170.030 - Definitions.
For the purpose of this chapter, the following terms shall have the meaning set forth herein:
A. "Applicant" means the person(s) or legal entity or entities, who may also be the property owner,
who is applying for a building permit.
B. "City" means the City of Rosemead.
C. "Credit" means any amount credited against a DIF obligation for a development project in
accordance with the provisions of Section 17.170.060 (Exemptions and Credit for Existing
Development).
D. "Development Impact Fee" and "DIF" mean each and all of the development impact fees
established by this chapter.
E. "Development Impact Fee Study," "DIF Study," and "Study", as used in this Chapter, mean the
Final Draft Development Impact Fee Study dated April 21, 2015 and any present and future amendments, additions, and updates to said study, all of which are deemed included in such
definitions as used in this chapter, which is on file with the Community Development Department
and the City Clerk.
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F. "Industrial" means all industry, manufacturing, and warehouse development.
G. "Mixed Uses" includes combinations of land use types in a single project. 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.
H. "Multi-family" or "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,
such as apartments and condominiums. For the purpose of DIF calculation, a second dwelling
unit as defined by Government Code Section 65852.2 and regulated by Title 17, Article 3, Chapter
17.30, and Section 17.30.190 shall also be categorized as a multi-family unit.
I. "Office" means all general, administrative business professional, corporate, and medical and
dental office development.
J. "Project," as used in this chapter, means the development or redevelopment proposal that is the
subject of an application for a building permit to construct improvements on real property which are designed to be occupied for the purpose of single-family residential, multi-family residential,
retail, office, or an industrial use as defined in this section.
K. "Public Facilities" means public facilities identified in the study, including a capital improvement
project list and cost estimates of the public facilities, which may be funded by the DIFs, and may
include public improvements, public services, and community amenities.
L. "Retail" as used in this chapter, means all commercial, retail and hotel/motel development.
M. "Single-family" as used in this chapter, means residential structures that do not contain more than
two dwelling units.
N. "Vacant." For the purpose of this chapter, a nonresidential property or a multi-family residential
property shall be deemed "vacant" during the two years prior to the issuance of the building permit
for a new structure, if the property owners or property tenants failed to maintain an active business
license for the property during the entire two year period. For the purpose of a single-family home, the property is "vacant" if records do not show energy usage consistent with occupancy of the
building and/or adjacent single-family properties that were occupied during the two-year period.
(Ord. No. 949, § 5, 6-9-15)
17.170.040 - Establishment of DIFs.
Except as otherwise provided in this chapter, an applicant for a building permit proposing new
development shall pay the following DIFs according and pursuant to the procedure set forth in this chapter:
a. Traffic Facilities.
b. Public Safety Facilities.
c. General Government Facilities.
d. Park Facilities.
The amount of each DIF shall be as established by resolution of the City Council and shall be set forth
in the City's current comprehensive fee schedule in effect at the time of project submittal into building plan
check.
(Ord. No. 949, § 5, 6-9-15)
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17.170.050 - Calculation and payment of DIFs.
A. Calculation of DIFs. The amount of the charge due under this chapter shall be determined at the time
of submittal into building plan check for the project. Following project submittal the City shall timely provide the applicant with a notice in writing, a statement of the amount of the fees and notification of
the 90-day appeal period in which the applicant may protest the imposition of the fees. Said notice
shall be in substantially the following form:
The conditions of project approval for your project, identified as ____________ , include development
impact fees, more specifically described as: ____________ (identification of the amount of the fee). The
applicant is hereby notified that the 90-day protest period to challenge such fees has begun as of the date
of the fee imposition, which date was ____________ .
If the applicant fails to file a protest regarding the fees, as specified in California Government Code § 66020, the applicant shall be legally barred from later challenges.
B. Payment of DIFs. The full amount shall be due and payable to the City on the date of final inspection or the date of the issuance of the certificate of occupancy, whichever occurs later. No certificate of
occupancy shall be granted for the project, no one shall occupy the new dwelling unit or the new
nonresidential building area, and no utility connections shall be permitted until the fee is paid in full.
C. Mixed Uses. When improvement plans include more than one land use type, the impact fee shall be
calculated separately for each land use type.
(Ord. No. 949, § 5, 6-9-15)
17.170.060 - Exemptions and credit for existing development.
A. Exemptions. The following projects are exempt from the requirement to pay DIFs:
1. The DIFs shall not be imposed upon a building permit for remodeling or for an addition to an
existing residential structure so long as the remodeling or addition does not add a dwelling unit.
2. The DIFs shall not be imposed upon a building permit for the demolition of an existing residential
structure and the construction of a new residential structure on the same site, provided the demolished structure was not "vacant" (as defined in Section 17.170.030) prior to the issuance of
a building permit for the new structure.
3. The DIFs shall not be imposed on any alteration of a nonresidential structure, where the square
footage is not increased by more than two hundred (200) square feet or ten (10) percent of the
existing structure, whichever is less, cumulatively over a two-year period, unless the alteration
includes an intensification of use such as a shift to a higher cost fee category. If the alteration includes an intensification of use a credit for the existing development shall apply as outlined in
Section 17.170.060.B.
4. The following projects, square footage, and affordable residential units shall not be subject to the
requirements of this chapter: places of worship, City projects, day care centers, private K-12
schools, square footage used for outdoor dining in the public right-of-way, and affordable housing
units that are deed restricted to very-low income and low income households.
5. The DIFs shall not be imposed upon a project that has been submitted with complete land use
development application(s) and processing fee(s) to the City's Planning Division prior to the
effective date of this chapter.
6. There are no other exemptions to the DIF.
B. Credit for Existing Development. For a project that involves the demolition of an existing structure and
the construction of a new structure, the applicant shall be entitled to a credit in the amount of the
applicable DIFs for the structure to be demolished, provided that such structure has not been vacant
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(as defined in Section 17.170.030), and provided that no DIF shall be reduced below $0. For
nonresidential structures, the credit will be calculated based on the square footage of the existing
structure to be demolished. For residential structures, the credit will be calculated based on the type
and number of existing dwelling units to be demolished.
(Ord. No. 949, § 5, 6-9-15)
17.170.070 - Fee adjustment.
An applicant of any project subject to the DIFs described in this chapter may apply to the City Council
for an adjustment, reduction, or waiver of the DIF based upon the absence of any reasonable relationship
between the impact on public facilities of that development and either the amount of fee charged or the type
of facilities to be financed. Such requests shall be subject to the process outlined below.
A. The application shall be made in writing and filed with the City Clerk not later than the time for
filing of the request for a building permit.
B. The application shall state in detail the factual basis and legal theory for the claim of waiver,
reduction or adjustment. The applicant shall bear the burden of proof of presenting substantial
evidence to support the request for an adjustment or waiver.
C. The City Council shall consider the application at a public hearing held within sixty (60) days after
the filing of the fee adjustment application. The decision of the City Council shall be final.
D. If a reduction, adjustment, or waiver is granted, any change in use within the project shall
invalidate the waiver, adjustment, or reduction of the fee.
(Ord. No. 949, § 5, 6-9-15)
17.170.080 - Fee revenue accounts.
Pursuant to Government Code Section 66006, an Impact Fee Reserve Account is hereby established
for each fee category. The fees paid to the City pursuant to the provisions of this Chapter shall be deposited
into the appropriate Impact Fee Reserve Account and used solely for the purpose described in this Chapter. All monies deposited into the Reserve Accounts shall be held separate and apart from other City funds. All
interest or other earnings on the unexpended balance in the Reserve Account shall be credited to the
Reserve Account.
(Ord. No. 949, § 5, 6-9-15)
17.170.090 - Distribution of impact fee funds.
All monies and interest earnings in each of the impact fee reserve accounts shall be expended on the construction and related design and administration costs of constructing public facility improvements and
purchasing land and equipment identified in the Nexus Study. Such expenditures may include, but are not
necessarily limited to the following:
A. All direct and indirect costs incurred by the City to construct facility improvements pursuant to this
chapter, including but not limited to, the cost of land and right-of-way acquisition, planning, legal
advice, engineering, design, construction, construction management, materials and equipment.
B. Costs of issuance or debt service associated with bonds, notes or other security instruments
issued to fund facility improvements identified.
C. Administrative costs incurred by the City in establishing or maintaining the impact fee reserve
accounts required by this chapter, including but not limited to the cost of studies to establish the
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requisite nexus between the fee amount and the use of fee proceeds and yearly accounting and
reports.
(Ord. No. 949, § 5, 6-9-15)
17.170.100 - Periodic review and inflation adjustment.
A. Periodic Review. The City shall comply with the annual and five-year reporting requirements of the
Mitigation Fee Act. For facilities to be funded by a combination of impact fees and other revenues,
identification of the source and amount of these non-fee revenues shall be included in the report.
Identification of the timing of receipt of other revenues to fund the facilities is also important.
B. Inflation Adjustment. To account for inflation in facility construction costs, the fee imposed by this
Ordinance shall be adjusted automatically on July 1 of each fiscal year, beginning on July 1, 2018, by
a percentage equal to the appropriate Construction Cost Index as published by Engineering News
Record, or its successor publication, for the preceding twelve (12) months.
(Ord. No. 949, § 5, 6-9-15)
17.170.110 - Fee refunds.
Fees collected pursuant to this chapter which remain unexpended or uncommitted for five or more
fiscal years after deposit into the impact fee reserve account may be refunded as provided by State law.
(Ord. No. 949, § 5, 6-9-15)
17.170.120 - Fee revision by resolution.
The amount of the DIFs and the formula for the automatic annual adjustment established by this
Chapter may be reviewed and revised periodically by resolution of the City Council. This chapter shall be
considered enabling and directive in this regard.
(Ord. No. 949, § 5, 6-9-15)
17.170.130 - Regulations.
The Community Development Director, or her/his designee, is authorized to adopt written
administrative regulations or guidelines that are consistent with and that further the terms and requirements
set forth within this chapter.
(Ord. No. 949, § 5, 6-9-15)
Appendix A - GENERAL PLAN LAND USE MAP AND NONRESIDENTIAL FLOOR AREA RATIO
Table 1-1: Nonresidential General Plan Land Use Categories and Maximum Floor Area Ratios
(FAR)
Land Use Categories Maximum FAR
Commercial/Business Categories
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C Commercial(a) 0.35:1 FAR
HIC High Intensity Commercial(a) 0.35:1 FAR
OLI Office/Light Industrial 0.5:1 FAR
Mixed-Use Category
MRC Mixed-Use
Residential/Commercial(b) 1.6:1 FAR
MHRC Mixed-Use High Density
Residential/Commercial(c) 2.0:1 FAR
MIC Mixed-Use
Industrial/Commercial 2.5:1 FAR
Public/Institutional Category
PF Public Facilities N/A
Open Space Categories
OS Open Space/Natural Resources N/A
CEM Cemetery N/A
Specific Plans
Garvey Avenue Specific Plan
The Garvey Avenue Specific Plan established in this Title under
Chapter 17.21 contains the FAR regulations, and shall take
precedence over this Table.
Notes:
(a) Maximum of 1.0:1 FAR allowed for hotel uses that meet the requirements in Article 3, Chapter
13.30 (Section 17.30.130).
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(b) Mixed-Use Residential/Commercial assumes a 67% residential, 33% commercial land use mix.
(c) Mixed-Use High Density Residential/Commercial assumes a 75% residential, 25% commercial land
use mix.
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Field Code Changed
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(Ord. No. 931, § 5(Exh. A), 10-22-13)
ZONING CODE POLICIES
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Policy 14-01
Page 317
Chapter 17.04 - GENERAL PROVISIONS
Sections:
Field Code Changed
Page 318
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.04.020 - Authority, relationship to general plan.
A. Authority. This Title is adopted pursuant to Article XI, of the Constitution of the State and in compliance
with the requirements of Government Code Title 7, Planning and Zoning Law.
B. General Plan Consistency. The City's General Plan is the document that establishes the broad goals
and policies for all future development. This Title is one of the primary tools used to implement the
goals, objectives, and policies of the General Plan. The City Council intends, and State law requires,
that this Title be consistent with the General Plan, and that any use or development approved in
compliance with this Title will also be consistent with the General Plan.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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
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provisions of this Zoning Code shall not apply to any public project of the City except to the
minimum extent required by law.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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 B.1. 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 writing
and shall quote the provision(s) being interpreted, and explain their meaning or applicability
in the particular or general 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.
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C. Interpretation as Minimum Requirements. When any regulation or standard of this Title is being
interpreted and applied all provisions shall be considered to be minimum requirements unless stated
otherwise (such as height limits and lot coverage for structures).
D. Calculations - Rounding. Where provisions of this Zoning Code require calculations to determine
applicable requirements any fractional/decimal results of the calculations shall be rounded as provided
by this subsection.
1. Residential Density, Minimum Lot Area, and Number of Lots. The fractional/decimal results of
calculations of the number of dwelling units allowed on a parcel based on 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.04.050 - Definitions—General.
For use in this Title certain terms are hereby defined. Words used in the present tense shall include the past and future tense and vise versa. Words in the singular form shall include the plural form and vice
versa. The words "shall" and "will" are mandatory and the words "should" and "may" are permissive.
Words and phrases used in the Zoning Code and not specifically defined shall be construed according
to the context and common usage of the language and as ultimately determined by the Community
Development Director.
For the purpose of carrying out the intent of this Title, certain terms, words, and phrases are defined
and shall be deemed to have the meaning ascribed to them as follows:
"Accessory Structure."
"Nonresidential Accessory Structure" means an attached or detached structure that is a part of, and
clearly incidental and secondary to, a nonresidential structure and that does not change the character
of the nonresidential structure. Illustrative examples of these structures include:
• Decks.
• Fences.
• Garages.
• Gazebos.
• Kiosks and carts for selling beverages, food, clothing, phones, toys, etc.
• Outdoor fireplaces.
• Outdoor kitchens.
• Outdoor play equipment.
• Patios.
• Platforms.
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• Porches.
• Refuse collection structures/trash enclosures.
• Spas and hot tubs.
• Storage or work sheds.
• Swimming pools.
• Tennis and other on-site sport courts.
• Terraces.
• Walls.
• Workshops.
"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
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state law. (See Chapter 17.30, Section 17.30.030 (Standards for Specific Land Uses) and Chapter 5.08,
pertaining to the licensing and regulation of Adult Businesses.)
"Alcohol Beverage Sales:"
"Alcohol Sales, Off-Sale" means any establishment in which alcoholic beverages are sold, served, or
given away for consumption off the premises. References to the establishment shall include any immediately adjacent area that is owned, leased, rented, or controlled by the licensee.
"Alcohol Sales, On-Sale" means any establishment in which alcoholic beverages are sold, served, or given away for consumption on the premises and where the owner is applying for or has obtained any
ABC Licenses for on-site consumption. References to the establishment shall include any immediately
adjacent area that is owned, leased, rented, or controlled by the licensee. (See Article 3, Chapter 17.30
(Standards for Specific Land Uses), Section 17.30.040 for Alcohol Beverage Sales regulations.)
"Alley" means a public way, other than a street, permanently reserved as a secondary means of
vehicular access to abutting property.
"Ambulance Fleet Services" means a base facility where ambulances and similar vehicles are parked
and from which they are dispatched, and/or where ambulance vehicles and crews are not based at a hospital or fire department stand by for emergency calls.
"Animal Hospital/Clinic:" See "Veterinary Services".
"Animal Sales and Services:"
"Animal Boarding/Kennels" means the commercial provision of shelter and care for dogs, cats, other
household animals, and horses (where allowed), including activities associated with such shelter and
care (i.e., feeding, exercising, grooming, and incidental medical care).
"Animal Grooming" means the commercial provision of bathing and trimming services for dogs, cats,
and other household animals permitted by this Development Code. Overnight boarding is not allowed.
"Animal Retail Sales" means the retail sales of household animals within an entirely enclosed building.
This use includes grooming, if incidental to the retail use, but specifically excludes boarding of animals other than those for sale.
"Antique" means any article which because of age, rarity, or historical significance has a monetary
value greater than the original value, or which has an age recognized by the United States Government as
entitling the article to an import duty less than that prescribed for contemporary merchandise.
"Apartment" means a room or a suite of two or more rooms in a multiple dwelling, occupied or suitable
for occupancy as a residence for one family.
"Apartment House" means a building containing three or more apartments each of which is designed for occupancy or occupied by a person or family living independently of the other apartments or units in the
building.
"Apartment Studio" means a small apartment usually consisting of one main living space, a small
kitchen, and a bathroom.
"Arcade" means an establishment that provides four or more amusement devices, whether or not the
devices constitute the primary use or an accessory or incidental use of the premises. Amusement devices
means electronic or mechanical equipment, game, or machine that is played or used for amusement, which
when so played or used involves skill and which is activated by coin, key, or token, or for which the player
or user pays money for the privilege of playing or using. See also "Internet/Cyber Café".
"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. •
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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).
"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.
Field Code Changed
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"Automobile Rental or Leasing" means a place of business used for the storage and display of
complete and operative automobiles for the purpose of renting or leasing said vehicles on a short or long
term basis.
"Automobile Repair Garage" means a business conducted within a fully enclosed building which
services and repairs motor vehicles, but exclusive of all body and fender repair or painting, steam cleaning,
mechanical and non-mechanical car washing, recapping of tires, engine or transmission overhauling or
replacement and other major repairs.
"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).
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"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, physical therapist who is duly licensed to practice his or her respective
profession in the state of California and who performs activities encompassed by such professional license.
"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.
Field Code Changed
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"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 cafés (see "Internet/Cyber Café")
"Community Development Director" means the Director of the city of Rosemead Community
Development Department or his or her designee.
"Conditional Use Permit" means a discretionary permit required for certain uses specified in this Code
to provide for the thorough review of such proposed uses and their associated structures and other
improvements, with the intent of ensuring that if approved, such use can be operated in a manner
compatible with surrounding uses. See Article 5, Chapter 17.132 (Conditional Use Permits).
"Convalescent Facility:" See "Residential Care Facility".
"Convenience Store" means easy access retail stores selling a combination of alcohol, gasoline, or a
range of merchandise to provide a variety of items primarily for the motoring public.
"Corner Cutoff Area" means a portion of a corner lot or parcel of land which is maintained in a manner
to provide adequate and safe visibility for vehicular and pedestrian traffic wherever streets and alleys
converge.
"Cottage Food Operation" means an enterprise within the registered or permitted area of a dwelling
unit where the cottage food operator, as defined by California Health and Safety Code 113758, resides and
where cottage food products pursuant to California Health and Safety Code 113758 are prepared or
packaged for direct, indirect, or direct and indirect sale to consumers.
"Cultural Institution" means any facility such as a museum or library that displays or preserves objects
of community or cultural interest relating to one or more of the arts or sciences. This use includes libraries,
museums, and art galleries.
"Day Care, General" are establishments that provide nonmedical care for fifteen (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 fourteen (14) or fewer
persons on a less than 24-hour basis.
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Child Day Care:
"Child Care Home, Small Family (eight 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 ten (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 (nine to fourteen (14) children)" means day care facilities located in
single-family dwellings where an occupant of the dwelling provides care and supervision for nine 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 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
fifteen (15) or more children.
"Adult Day Care:" See "Day Care, General".
"Developed Living Area" means the sum of the areas of all floors of a building approved for residential
use as measured from the interior faces of exterior walls.
"Disability" means a physical or mental impairment that limits or substantially limits one or more major
life activities. A person with a disability is anyone who is regarded as having such impairment or anyone
who has a record of such impairment.
"Discretionary Permit" means a permit that is subject to the evaluation, judgment, and approval or
denial by the Rosemead Planning Commission and/or the Rosemead City Council.
"Donation Box" means a bin, storage shed, or similar facility measuring no more than eight feet wide by eight feet long and eight feet high, and established as an accessory use to a primary use for the purpose
of providing a collection location for donated clothes, shoes, and small household items. Such facilities
generally are established by a charitable or non-profit organization.
"Drive-Through or Drive-Up Facilities" means an establishment that sells products or provides services
to occupants in vehicles, including drive-in or drive-up windows and drive-through services. Examples
include fast food restaurants, banks, and pharmacies.
"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.
"Multifamily Dwelling Unit" means a structure or portion thereof containing three or more dwelling units
designed for the independent occupancy of three or more households.
"Primary Dwelling Unit" means an existing single-unit residential structure on a single lot with
provisions for living, sleeping, eating, a single kitchen for cooking, and sanitation facilities, and occupied by one household.
"Single-Family Dwelling Unit" means a detached structure containing no more than one dwelling unit which, regardless of form of ownership, is designed and/or used to house not more than one
household, including all domestic employees for such household.
"Second Dwelling Unit" means an attached or detached dwelling unit which provides complete,
independent living facilities for one or more persons, including permanent provisions for living,
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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 twenty-one (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 two hundred fifty (250) square feet of seating area) may be
provided for limited on-site consumption of food or beverages. Typical uses include bakeries, coffee
stores, ice cream and frozen dessert stores, delivery-only pizza establishments, small delicatessens,
and similar establishments.
"Eave" means the part of a roof that overhangs an exterior wall.
"Educational Institute" means any public, private, or parochial elementary, junior high, high school,
university, or other school giving general academic instruction in the several branches of academic learning,
which has five 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
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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 months in a 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 days in any 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".
"Façade" means one side of the exterior of a building, generally the front, but also may include the
sides and rear. In architecture, the façade of a building is often the most important from a design standpoint,
as it sets the tone for the rest of the building.
"Family" means any group of individuals living together as the functional equivalent of a family where
the residents may share living expenses, chores, eat meals together and are a close group with social,
economic, and psychological commitments to each other. A family includes, for example, the residents of
residential care facilities and group homes for people with disabilities. A family does not include larger
institutional group living situations such as dormitories, fraternities, sororities, monasteries, or nunneries.
"Farmers' Market" means an outdoor market certified for direct retail sales by farms to the public by
the State or County Agricultural Commission under California Code of Regulations Title 3, Chapter 3, Article
6.5. Farmers' Markets can also include limited sales of crafts and goods.
"Financial Service or Institution" means a company specializing in consumer loans and lines of credit
and other financial services such as a bank, savings and loan, credit union, mortgage office, or automated
teller machine (ATM). This does not include check cashing, 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
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5. Parking areas.
"Floor Area Ratio (FAR)" means the total square-footage of floor area on a lot divided by the gross
area of the lot. Such calculation shall include only those structures intended for permanent habitation. For
all subdivisions and unimproved vacant lots FAR calculations shall use the net area of the proposed lot.
"Fortunetelling" means a business that professes to foretell future events. No such business shall be conducted in a structure utilized for residential purposes. No such business qualifies as a home occupation.
"Frontage" is the face of a building or length of a lot that is parallel to, or is at a near parallel angle to a public street or public parking area.
"Funeral Homes and Mortuaries" means establishments engaged in the provision of services involving the care, preparation, or disposition of human remains other than in cemeteries. May or may not include
crematories and/or mortuaries. No internment is provided on site. May include areas for assembly services
and living quarters for funeral home/mortuary manager.
"Garage" means an accessory structure or portion of the main building permanently roofed and
enclosed on all sides, which is designed or used for the shelter of motor vehicles.
"General Plan" means the General Plan for the development of the City adopted by the City Council.
"Glare" means the shining of bright or intense light on a property.
"Government Facilities" means a building or structure owned, operated, or occupied by a governmental agency to provide a governmental service to the public.
"Grade, Existing" means the surface of the ground or pavement at a stated location as it exists before disturbance in preparation for a project regulated by this Zoning Code.
"Grade, Finished" means the elevation of the surface of the ground adjoining the building at the completion of a project regulated by this Zoning Code.
"Grade (ground level)" is the average of the finished ground level at the center of all walls of a building, except in cases where walls are parallel to and within five feet of a sidewalk, ground level shall be measured
at the sidewalk.
"Group Home" means any residential care facility licensed by the State of California for occupation by
six or fewer persons. See definition under Title 22 (Social Security) in the California Code of Regulations
(Section 80001[g]).
"Hardscape" means areas such as patios, decks, driveways, paths, and sidewalks that do not require
irrigation.
"Health/Fitness Facilities:"
"Health/Fitness Facilities (Small)" means an indoor facility of two thousand (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 two thousand (2,000) square feet in size and may include any of the
following: sauna, spa or hot tub facilities; weight rooms; indoor tennis, handball, or racquetball courts;
aerobic classes and other indoor sports activities; locker rooms and showers.
"Hedge" means a line of closely spaced shrubs and tree species, planted and trained in such a way
as to form a barrier or to mark the boundary of an area.
"Heliport" means an area used for the landing, parking, or takeoff of helicopters including operations
facilities (i.e. fueling, loading and unloading, maintenance, storage, terminal facilities, etc.).
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"Helistop" means a single pad used for the landing, parking, or takeoff of one helicopter and other
facilities as may be required by Federal and State regulations, but not including operations facilities (i.e.
fueling, loading and unloading, maintenance, storage, terminal facilities, etc.).
"Homeowners' Association" means an organization of homeowners whose major purpose is to
maintain and provide community facilities and services for the common benefit of the residents.
"Home Occupation" means a business, occupation, or activity conducted as an accessory use within
a dwelling unit incidental to the residential use of the property and in which there is no display, no stock or
trade commodity sold on the premises, and which the appearance gives no indication of any use other than
residential.
"Horticulture" means the study and practice of cultivating plants, such as growing fruit, flowers,
ornamental plants, and vegetables in small gardens. Horticulture usually refers to gardening on a smaller
scale, while agriculture refers to the large-scale cultivation of crops.
"Horticulture, Commercial" means the cultivation of agricultural products for retail or wholesale sales.
Includes plant nurseries.
"Horticulture, Private" means the cultivation (but not sale) of agricultural products for use or consumption only by the property owner or tenant.
"Hospital" means a facility providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons, primarily on an inpatient basis. This use includes incidental facilities for outpatient
treatment, as well as training, research, and administrative services for patients and employees. This
excludes sanitariums and residential care facilities.
"Hotel" means a building or a portion of a building containing guest rooms intended or designed to be
used or which are used, rented, or hired out to be occupied or which are 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 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 Café 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 café, cyber café, 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
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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. 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 subdivision is prohibited in the city of Rosemead.
"Lot, Interior" means a lot other than a corner lot. (See Figure 17.04.050.3)
"Lot, Reversed Corner" means a corner lot the side street line of which is substantially a continuation
of the front lot line on the first lot to its rear. (See Figure 17.04.050.3)
"Lot, Through" means a lot having frontage on two parallel or approximately parallel streets. (See
Figure 17.04.050.3)
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Lot Area" means the total area within the boundary lines of a lot or parcel; provided, however, that the
following shall be excluded from the computation thereof:
1. Any portion of the lot or parcel which serves as an access easement to any other lot or building
site; or
2. Any portion of the lot or parcel which serves as an improved surface flood control project under the jurisdiction of any public agency.
For the purpose of determining area in the case of an irregular, triangular, or gore-shaped lot, a line ten (10) 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 ten (10) feet, parallel to and most distant from
the front lot line, which shall be interpreted as the rear lot line for the purpose of determining required yards, setbacks, and other provisions of this Land Use Code. (See Figure 17.04.050.3)
"Lot Line, Side" means any lot boundary line that is not a front lot line or a rear lot line. On a corner lot, the street right-of-way line with the greatest amount of street frontage shall be the side lot line, unless
otherwise specified by deed restriction. (See Figure 17.04.050.3)
"Lot Width" means the minimum horizontal distance between the side lot lines measured at the front
setback line. (See Figure 17.04.050.3)
"Lot Width, Average" shall be the average of the front and rear lot lines. In computing lot 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;
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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
"Manufactured Housing Unit" means a dwelling unit which is either wholly or mainly manufactured at
an off-site location and is assembled on site on a permanent foundation with permanent service
connections. The definition does not include a mobile home, mobile accessory structure, or an automobile
trailer or recreational vehicle.
"Massage" or "Massage Therapy" means any method of treating the external parts of the body for
remedial, hygienic, relaxation or any other similar purpose, whether by means of pressure on, friction
against or stroking, kneading, tapping, pounding, vibrating, rubbing or other manner of touching external parts of the body with the hands, or with the aid of any mechanical or electrical apparatus or appliance with
or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, ointment or
other similar preparations commonly used in this practice and shall include herbal body wraps. For the
purposes of this chapter, "massage" or "massage therapy" includes the techniques of acupressure and
reflexology.
"Massage Business or Establishment" means any business or establishment, including a sole proprietor or independent contractor, conducted within the City where any person engages in, conducts,
carries on or permits to be engaged in, conducted or carried on, for money or any other consideration, the
administration to another person of a massage, and also includes all businesses or establishments where
massage therapy is provided as an ancillary service such as clubs, gyms, day spas and professional offices
where such massage therapy is not otherwise exempt under this chapter.
"Medical Clinic" means any building or portion thereof used to provide medical, surgical or psychiatric
care to persons and which as a principal function provides such care on an outpatient basis.
"Mezzanine" means an intermediate floor between the main floors of a building, and therefore may not
be counted among the overall floors of a building. Often a mezzanine has a low-ceiling and projects outward
in the form of a loft or balcony.
"Medical Use" means any use involving the care of persons' general health by licensed practitioners.
This includes hospitals, urgent care clinics, out-patient facilities, doctor and dental offices, chiropractic and
podiatric facilities, and similar practices of the medical field and directly related laboratory services.
"Ministerial" means a government decision involving little or no personal judgment by the public official
as to the wisdom or manner of carrying out the action, including the issuance of a permit.
Field Code Changed
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"Mixed-Use Development (Mixed-Use Project)" is an approach to land use development that involves
integrating two or more different but highly compatible types of uses on the same property as part of a
unified development. Generally, a Mixed-Use Development consists of commercial and residential uses
integrated either vertically in the same structure or group of structures, or horizontally on the same
development site where parking, open spaces, and other development features are shared. However, light
industrial and commercial development may also be considered as Mixed-Use. In a Mixed-Use
Development, both uses are considered primary uses of the land.
"Mobile Housing Unit (Mobile Home)" means a trailer, transportable in one or more sections; that is
certified under the National Manufactured Housing Construction and Safety Standards Act of 1974; that is
over eight feet in width and forty (40) feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory-built housing. A mobile home on a permanent foundation
is included under the definition of "Single-unit dwelling."
"Mobile Home Park" means a type of residential development, established either as a legal subdivision
of land with individual mobile home pads and common areas or as a development where pads are leased
or rented, for the purpose of accommodating mobile home units on individual pads as part of a coordinated
development. A mobile home park may include common areas and facilities for the use of all park residents.
"Modular Home:" See "Manufactured Housing Unit".
"Motel" means one or more buildings containing guest rooms without kitchen facilities, some 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".
"Multifamily Dwelling:" See "Dwelling, Multifamily".
"Museum:" See "Cultural Institution".
"Nonconforming Building or Structure" means a building or structure or portion thereof which was
lawful when constructed but does not conform to Zoning Ordinance requirements subsequently established.
"Nonconforming Use" means the use of land/or building or structure, which was lawful when
established including compliance with property development requirements but which does not conform to
Zoning Code use and property development requirements subsequently established.
"Nursery:" See "Horticulture".
"Nursery School:" See "Child Day Care Facility".
"Office:"
"Accessory:" See "Accessory Use".
"Administrative Business Professional, Corporate" means an establishment providing direct, "over-the-
counter" services to consumers (such as, insurance agencies, real estate offices, travel agencies,
utility company offices, etc.) and office-type facilities occupied by businesses providing professional
services and/or engaged in the production of intellectual property.
"Government" means an administrative, clerical, or public contact office of a government agency,
including postal facilities, together with the incidental storage and maintenance of vehicles.
"Medical and Dental" means an office or health facility providing health services including, without
limitation; preventative and rehabilitation treatment, diagnostic services, testing and analysis. This use
includes offices providing medical, dental, surgical, rehabilitation, podiatric, optometric, chiropractic
and psychiatric services, and medical or dental laboratories incidental to these offices, but exclude
inpatient services and overnight accommodation.
"Open Space:"
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"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.
"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.
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"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" [means] establishments that provide recurring needed services of a
personal nature. Examples of these uses include:
• Acupuncture and acupressure
• Barber and beauty shops (without massage services)
• Clothing rental shops
• Day spas
• Dry cleaning pick up stores with limited on-site cleaning equipment
• Laundromats (self-service laundries)
• Locksmiths
• Nail salon
• Shoe repair shops
• Tailors and seamstresses
"Personal Services, Restricted" [means] 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 cafés
• 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
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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-Cochere" means a canopy attached to a residence, which is open on all sides, except where
attached to a residence and which extends over a driveway used for the loading and unloading of vehicles,
but which cannot be used to satisfy the off-street parking requirements of this 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.
"Radio/TV Broadcast Studios/Recording Studios, Film TV Studios" Commercial and public
communications facilities including radio and television broadcasting and receiving stations and studios, with facilities contained entirely within structures. Does not include transmission and receiving apparatuses
including antennas and towers.
"Reasonable Accommodation Request" means a request that may include a modification or exception
to the rules, standards, and practices for the site, development, and use of housing-related facilities that
would eliminate regulatory barriers and would provide a person with a disability an equal opportunity to
housing of their choice.
"Recharging Station" means a place that supplies electricity for the recharging of electric vehicles
(including plug-in hybrids).
"Recreational Vehicle (RV)" means motorhome, travel trailer, truck camper, or camping trailer, with or
without motive power, designed for human habitation for recreational or emergency occupancy, with a living area less than four hundred (400) square feet, excluding built-in equipment such as wardrobes, closets,
cabinets, kitchen units or fixtures, bath and toilet rooms.
"Recycling Facility" means a land use type that includes a variety of facilities involved with the
collection of recyclable materials. A "certified" recycling or processing facility is certified by the California
Department of Conservation as meeting the requirements of the California Beverage Container Recycling
and Litter Reduction Act of 1986 (Public Resources Code, Division 12.1). Recyclable material includes
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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 three hundred fifty (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
fifty (50) square feet. A bulk reverse vending machine is a reverse vending machine that is larger
than fifty (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 three hundred fifty
(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 fifty (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 24-hour non-medical care of persons in need of personal services, supervision, or assistance essential for
sustaining the activities of daily living or for the protection of the individual. In the event the provisions of
state law are updated, this section shall be interpreted and applied in conformity with State law.
"Residential Use" means the occupation of a structure that provides permanent housing for one or
more households.
"Restaurant:" See "Eating and Drinking Establishments".
"Retail Store" means an establishment which offers goods (such as books, gifts and clothing) to the
general public. This does not include swap meet, pawn shop, or thrift sales.
"School, Public and Private:" See "Education Institute".
"School, Business or Trade" means a public or private school offering instruction in the technical, commercial, and/or trade skills such as real estate, business and secretarial, electronics, automotive and
air craft, medical and dental, and similar commercial establishments.
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"Screened" means the use of a wall or growth or stand of trees, shrubs, or plants to shelter, protect,
or hide an area from view.
"Second Dwelling Unit:" See "Dwelling Unit".
"Secondary Use:" See "Use".
"Secondhand Store" means a retail establishment where the majority of the merchandise for sale is
secondhand or used. This includes thrift stores but does not include pawn shops or antique/collectibles
shops.
"Sensitive Use:" See "Use".
"Setback" means the distance from which a structure, parking area, or other development feature must
be separated from a prescribed lot line, easement, or other structure or development feature (see Figure
17.04.050.4).
"Front Yard Setback" means the minimum distance required between a structure and the front property
line (see Figure 17.04.050.4).
"Primary Building Line" means that portion of the front yard area defined by the space between the
front property line and the entire building frontage of the primary structure, whether or not all façade portions of the primary structure coincide with the front setback line (see Figure 17.04.050.4).
"Side Yard Setback" means the minimum distance required between a structure and a side property line (see Figure 17.04.050.4).
"Rear Yard Setback" means the minimum distance required between a structure and the rear property
line (see Figure 17.04.050.4).
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"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
thirty (30) percent or more of the units do not have a private bath and toilet within the unit. SRO units are
multifamily 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.
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"Specialty Retail (C-4 zone)" means a retail store concentrating on selling one merchandise line of
goods for a particular and usually selective clientele. Examples are stores selling DVDs, bagels, leather
goods, and imported dishware. Specialty retailers have a narrow but deep selection in their specialty of
items for sale.
"Specific Plan" means, under Article 8 of the Government Code (Section 65450 et seq.), a legal tool
for a detailed design and implementation of a defined portion of the area covered by a General Plan. A
specific plan may include all detailed regulations, conditions, programs, and/or proposed legislation which
may be necessary or convenient for the systematic implementation of any General Plan element(s).
"Storage:"
"Storage - Accessory" means the indoor storage of materials accessory and incidental to the primary
use is not considered a land use separate from the primary use.
"Storage - Outdoor" means the storage of various materials outside of a structure other than fencing,
either as an accessory or primary use.
"Storage - Personal Storage Facility" see "Personal Storage".
"Story" means that portion of a building included between the surface of any floor and the surface of
the floor above it, or if there is no floor above it then the space between such floor and the ceiling above it.
"Street" means a public thoroughfare which affords the principal means of access to abutting property.
"Structurally Altered" means to have had an alteration of any structural element, floor, frame, wall, roof,
or any other stress bearing portion of a building and excludes alterations to, or additions of, interior
nonbearing partitions and interior remodeling which does not affect the structural system.
"Structure" means anything constructed or erected, which requires a fixed location on the ground, or
is attached to something having a fixed location on the ground but not including fences or walls used as
fences, less than six feet in height. (See Figure 17.04.050.5 - Structure Types)
"Accessory Structure:" See "Accessory Structure".
"Attached Structure" means any structure that has a wall or roof in common with another structure.
"Primary Structure" means a structure that is conducted as the primary or predominant use of the lot and/or building site.
Field Code Changed
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"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 multifamily dwelling units will be permitted, conditionally permitted, or prohibited in the same manner as other single-family, two-family, or multifamily dwelling units under this Code.
"Swimming Pool" means an artificial body of water containing or normally capable of containing water to a depth of eighteen (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.
"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 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 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 students
at any given time.
"Urgent Care Facility" means a public or private hospital-based or free-standing facility, which includes
x-ray and laboratory equipment and a life support system, licensed or legally operating as an urgent care
facility, primarily providing minor emergency and episodic medical care with one or more physicians,
nurses, and x-ray technicians in attendance at all times when the facility is open.
"Use" means the purpose for which land or a building is designed, arranged, or intended, or for which
either is or may be occupied or maintained.
"Accessory Use:" See "Accessory Use".
"Allowed Use, Permitted Use" means a use of land identified by Article 2 (Zoning Districts, Allowable
Land Uses, and Zone Specific Standards) as allowed or conditionally allowed that may be established
with a permit or license, subject to compliance with all applicable provisions of Article 2.
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"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" [means] any unattended self-service device that, upon insertion of a coin, coins, or token, dispenses anything of value including food, water, beverages, goods, wares, merchandise or
services. This does not include newspaper racks, automatic teller machines (ATMs), or public telephones.
"Veterinary Services (Animal Hospital/Clinic)" means an establishment where household animals
receive medical and surgical treatment and may be temporarily boarded (more than one night stay) in
association with such medical or surgical treatment. Short-term animal boarding may be provided as an
accessory use.
"Wall" means a physical barrier constructed largely of masonry, brick, concrete, stucco, concrete block,
or any combination thereof and intended to mark a boundary.
"Warehouse Retail Store" means a store that emphasizes the packaging and sale of products in large
quantities or volumes, some at discounted prices. Sites and buildings are usually large in character. Patrons may be required to pay membership fees.
"Warehousing" means the storage of material goods including the performance of administrative and physical functions associated with storage of goods and materials. These functions include receipt,
identification, inspection, verification, putting away, storage, retrieval for issue, etc.
"Wholesaling" means the sale of commercial goods at or near production cost.
"Wireless Communications Facilities (WCF):" See Article 3, Chapter 17.54.
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"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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.04.020 - Authority, relationship to general plan.
A. Authority. This Title is adopted pursuant to Article XI, of the Constitution of the State and in compliance with the requirements of Government Code Title 7, Planning and Zoning Law.
B. General Plan Consistency. The City's General Plan is the document that establishes the broad goals and policies for all future development. This Title is one of the primary tools used to implement the
goals, objectives, and policies of the General Plan. The City Council intends, and State law requires,
that this Title be consistent with the General Plan, and that any use or development approved in
compliance with this Title will also be consistent with the General Plan.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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.
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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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
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 B.1. 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 writing
and shall quote the provision(s) being interpreted, and explain their meaning or applicability
in the particular or general 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;
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b. The characteristics of, and activities associated with, the proposed use are equivalent to
those of one or more of the uses listed in the zoning districts as allowable, and are no more
detrimental or intensive than the uses listed in the district for which the proposed use is
determined to be consistent with; and
c. The proposed use will meet the purpose and intent of the zoning district that is applied to the
site where the proposed use is to be located.
3. Zone district boundaries. The Community Development Director may determine the exact location
of any zone district boundary. Any such determination shall be documented in writing and shown
clearly on a map, and may be appealed to the Planning Commission.
C. Interpretation as Minimum Requirements. When any regulation or standard of this Title is being
interpreted and applied all provisions shall be considered to be minimum requirements unless stated
otherwise (such as height limits and lot coverage for structures).
D. Calculations - Rounding. Where provisions of this Zoning Code require calculations to determine
applicable requirements any fractional/decimal results of the calculations shall be rounded as provided
by this subsection.
1. Residential Density, Minimum Lot Area, and Number of Lots. The fractional/decimal results of
calculations of the number of dwelling units allowed on a parcel based on 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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)
17.04.050 - Definitions—General.
For use in this Title certain terms are hereby defined. Words used in the present tense shall include
the past and future tense and vise versa. Words in the singular form shall include the plural form and vice versa. The words "shall" and "will" are mandatory and the words "should" and "may" are permissive.
Words and phrases used in the Zoning Code and not specifically defined shall be construed according to the context and common usage of the language and as ultimately determined by the Community
Development Director.
For the purpose of carrying out the intent of this Title, certain terms, words, and phrases are defined
and shall be deemed to have the meaning ascribed to them as follows:
"Accessory Structure."
"Nonresidential Accessory Structure" means an attached or detached structure that is a part of, and
clearly incidental and secondary to, a nonresidential structure and that does not change the character
of the nonresidential structure. Illustrative examples of these structures include:
• Decks.
• Fences.
• Garages.
• Gazebos.
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• Kiosks and carts for selling beverages, food, clothing, phones, toys, etc.
• Outdoor fireplaces.
• Outdoor kitchens.
• Outdoor play equipment.
• Patios.
• Platforms.
• Porches.
• Refuse collection structures/trash enclosures.
• Spas and hot tubs.
• Storage or work sheds.
• Swimming pools.
• Tennis and other on-site sport courts.
• Terraces.
• Walls.
• Workshops.
"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.
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"Adult Business" means any business establishment or concern that, as a regular and substantial
course of conduct, performs or operates as an adult arcade, adult cabaret, adult model studio, adult store
or adult theater, or any combination thereof. It also means any business establishment or concern that, as
a regular and substantial course of conduct, sells or distributes sexually oriented merchandise or sexually
oriented material; or any other business establishment or concern that, as a regular and substantial course
of conduct, offers to its patrons products, merchandise, services or entertainment characterized by an
emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical
areas. Adult business does not include those uses or activities, the regulation of which is preempted by state law. (See Chapter 17.30, Section 17.30.030 (Standards for Specific Land Uses) and Chapter 5.08,
pertaining to the licensing and regulation of Adult Businesses.)
"Alcohol Beverage Sales:"
"Alcohol Sales, Off-Sale" means any establishment in which alcoholic beverages are sold, served, or given away for consumption off the premises. References to the establishment shall include any
immediately adjacent area that is owned, leased, rented, or controlled by the licensee.
"Alcohol Sales, On-Sale" means any establishment in which alcoholic beverages are sold, served, or
given away for consumption on the premises and where the owner is applying for or has obtained any
ABC Licenses for on-site consumption. References to the establishment shall include any immediately
adjacent area that is owned, leased, rented, or controlled by the licensee. (See Article 3, Chapter 17.30 (Standards for Specific Land Uses), Section 17.30.040 for Alcohol Beverage Sales regulations.)
"Alley" means a public way, other than a street, permanently reserved as a secondary means of
vehicular access to abutting property.
"Ambulance Fleet Services" means a base facility where ambulances and similar vehicles are parked
and from which they are dispatched, and/or where ambulance vehicles and crews are not based at a
hospital or fire department stand by for emergency calls.
"Animal Hospital/Clinic:" See "Veterinary Services".
"Animal Sales and Services:"
"Animal Boarding/Kennels" means the commercial provision of shelter and care for dogs, cats, other
household animals, and horses (where allowed), including activities associated with such shelter and
care (i.e., feeding, exercising, grooming, and incidental medical care).
"Animal Grooming" means the commercial provision of bathing and trimming services for dogs, cats,
and other household animals permitted by this Development Code. Overnight boarding is not allowed.
"Animal Retail Sales" means the retail sales of household animals within an entirely enclosed building.
This use includes grooming, if incidental to the retail use, but specifically excludes boarding of animals other than those for sale.
"Antique" means any article which because of age, rarity, or historical significance has a monetary value greater than the original value, or which has an age recognized by the United States Government as
entitling the article to an import duty less than that prescribed for contemporary merchandise.
"Apartment" means a room or a suite of two or more rooms in a multiple dwelling, occupied or suitable
for occupancy as a residence for one family.
"Apartment House" means a building containing three or more apartments each of which is designed
for occupancy or occupied by a person or family living independently of the other apartments or units in the
building.
"Apartment Studio" means a small apartment usually consisting of one main living space, a small
kitchen, and a bathroom.
"Arcade" means an establishment that provides four or more amusement devices, whether or not the
devices constitute the primary use or an accessory or incidental use of the premises. Amusement devices
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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 Café".
"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).
"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.
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"Automobile Lube and Tune Facility" means an establishment that provides minor maintenance
services for automobile engines and brake systems. Such businesses are characterized by short service
visits. Overnight outdoor parking or storage of automobiles being serviced is prohibited.
"Automobile Parts and Accessory Store" means a retail place of business selling or furnishing
automobile supplies and parts. No repair work of any kind may be conducted in conjunction with such use.
"Automobile Rental or Leasing" means a place of business used for the storage and display of
complete and operative automobiles for the purpose of renting or leasing said vehicles on a short or long
term basis.
"Automobile Repair Garage" means a business conducted within a fully enclosed building which
services and repairs motor vehicles, but exclusive of all body and fender repair or painting, steam cleaning,
mechanical and non-mechanical car washing, recapping of tires, engine or transmission overhauling or
replacement and other major repairs.
"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).
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"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, physical therapist who is duly licensed to practice his or her respective
profession in the state of California and who performs activities encompassed by such professional license.
"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.
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"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 cafés (see "Internet/Cyber Café")
"Community Development Director" means the Director of the city of Rosemead Community
Development Department or his or her designee.
"Conditional Use Permit" means a discretionary permit required for certain uses specified in this Code
to provide for the thorough review of such proposed uses and their associated structures and other
improvements, with the intent of ensuring that if approved, such use can be operated in a manner
compatible with surrounding uses. See Article 5, Chapter 17.132 (Conditional Use Permits).
"Convalescent Facility:" See "Residential Care Facility".
"Convenience Store" means easy access retail stores selling a combination of alcohol, gasoline, or a
range of merchandise to provide a variety of items primarily for the motoring public.
"Corner Cutoff Area" means a portion of a corner lot or parcel of land which is maintained in a manner
to provide adequate and safe visibility for vehicular and pedestrian traffic wherever streets and alleys
converge.
"Cottage Food Operation" means an enterprise within the registered or permitted area of a dwelling
unit where the cottage food operator, as defined by California Health and Safety Code 113758, resides and
where cottage food products pursuant to California Health and Safety Code 113758 are prepared or
packaged for direct, indirect, or direct and indirect sale to consumers.
"Cultural Institution" means any facility such as a museum or library that displays or preserves objects
of community or cultural interest relating to one or more of the arts or sciences. This use includes libraries,
museums, and art galleries.
"Day Care, General" are establishments that provide nonmedical care for fifteen (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 fourteen (14) or fewer
persons on a less than 24-hour basis.
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Child Day Care:
"Child Care Home, Small Family (eight 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 ten (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 (nine to fourteen (14) children)" means day care facilities located in
single-family dwellings where an occupant of the dwelling provides care and supervision for nine 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 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
fifteen (15) or more children.
"Adult Day Care:" See "Day Care, General".
"Developed Living Area" means the sum of the areas of all floors of a building approved for residential
use as measured from the interior faces of exterior walls.
"Disability" means a physical or mental impairment that limits or substantially limits one or more major
life activities. A person with a disability is anyone who is regarded as having such impairment or anyone
who has a record of such impairment.
"Discretionary Permit" means a permit that is subject to the evaluation, judgment, and approval or
denial by the Rosemead Planning Commission and/or the Rosemead City Council.
"Donation Box" means a bin, storage shed, or similar facility measuring no more than eight feet wide by eight feet long and eight feet high, and established as an accessory use to a primary use for the purpose
of providing a collection location for donated clothes, shoes, and small household items. Such facilities
generally are established by a charitable or non-profit organization.
"Drive-Through or Drive-Up Facilities" means an establishment that sells products or provides services
to occupants in vehicles, including drive-in or drive-up windows and drive-through services. Examples
include fast food restaurants, banks, and pharmacies.
"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.
"Multifamily Dwelling Unit" means a structure or portion thereof containing three or more dwelling units
designed for the independent occupancy of three or more households.
"Primary Dwelling Unit" means an existing single-unit residential structure on a single lot with
provisions for living, sleeping, eating, a single kitchen for cooking, and sanitation facilities, and occupied by one household.
"Single-Family Dwelling Unit" means a detached structure containing no more than one dwelling unit which, regardless of form of ownership, is designed and/or used to house not more than one
household, including all domestic employees for such household.
"Second Dwelling Unit" means an attached or detached dwelling unit which provides complete,
independent living facilities for one or more persons, including permanent provisions for living,
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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 twenty-one (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 two hundred fifty (250) square feet of seating area) may be
provided for limited on-site consumption of food or beverages. Typical uses include bakeries, coffee
stores, ice cream and frozen dessert stores, delivery-only pizza establishments, small delicatessens,
and similar establishments.
"Eave" means the part of a roof that overhangs an exterior wall.
"Educational Institute" means any public, private, or parochial elementary, junior high, high school,
university, or other school giving general academic instruction in the several branches of academic learning,
which has five 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
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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 months in a 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 days in any 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".
"Façade" means one side of the exterior of a building, generally the front, but also may include the
sides and rear. In architecture, the façade of a building is often the most important from a design standpoint,
as it sets the tone for the rest of the building.
"Family" means any group of individuals living together as the functional equivalent of a family where
the residents may share living expenses, chores, eat meals together and are a close group with social,
economic, and psychological commitments to each other. A family includes, for example, the residents of
residential care facilities and group homes for people with disabilities. A family does not include larger
institutional group living situations such as dormitories, fraternities, sororities, monasteries, or nunneries.
"Farmers' Market" means an outdoor market certified for direct retail sales by farms to the public by
the State or County Agricultural Commission under California Code of Regulations Title 3, Chapter 3, Article
6.5. Farmers' Markets can also include limited sales of crafts and goods.
"Financial Service or Institution" means a company specializing in consumer loans and lines of credit
and other financial services such as a bank, savings and loan, credit union, mortgage office, or automated
teller machine (ATM). This does not include check cashing, 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
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5. Parking areas.
"Floor Area Ratio (FAR)" means the total square-footage of floor area on a lot divided by the gross
area of the lot. Such calculation shall include only those structures intended for permanent habitation. For
all subdivisions and unimproved vacant lots FAR calculations shall use the net area of the proposed lot.
"Fortunetelling" means a business that professes to foretell future events. No such business shall be conducted in a structure utilized for residential purposes. No such business qualifies as a home occupation.
"Frontage" is the face of a building or length of a lot that is parallel to, or is at a near parallel angle to a public street or public parking area.
"Funeral Homes and Mortuaries" means establishments engaged in the provision of services involving the care, preparation, or disposition of human remains other than in cemeteries. May or may not include
crematories and/or mortuaries. No internment is provided on site. May include areas for assembly services
and living quarters for funeral home/mortuary manager.
"Garage" means an accessory structure or portion of the main building permanently roofed and
enclosed on all sides, which is designed or used for the shelter of motor vehicles.
"General Plan" means the General Plan for the development of the City adopted by the City Council.
"Glare" means the shining of bright or intense light on a property.
"Government Facilities" means a building or structure owned, operated, or occupied by a governmental agency to provide a governmental service to the public.
"Grade, Existing" means the surface of the ground or pavement at a stated location as it exists before disturbance in preparation for a project regulated by this Zoning Code.
"Grade, Finished" means the elevation of the surface of the ground adjoining the building at the completion of a project regulated by this Zoning Code.
"Grade (ground level)" is the average of the finished ground level at the center of all walls of a building, except in cases where walls are parallel to and within five feet of a sidewalk, ground level shall be measured
at the sidewalk.
"Group Home" means any residential care facility licensed by the State of California for occupation by
six or fewer persons. See definition under Title 22 (Social Security) in the California Code of Regulations
(Section 80001[g]).
"Hardscape" means areas such as patios, decks, driveways, paths, and sidewalks that do not require
irrigation.
"Health/Fitness Facilities:"
"Health/Fitness Facilities (Small)" means an indoor facility of two thousand (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 two thousand (2,000) square feet in size and may include any of the
following: sauna, spa or hot tub facilities; weight rooms; indoor tennis, handball, or racquetball courts;
aerobic classes and other indoor sports activities; locker rooms and showers.
"Hedge" means a line of closely spaced shrubs and tree species, planted and trained in such a way
as to form a barrier or to mark the boundary of an area.
"Heliport" means an area used for the landing, parking, or takeoff of helicopters including operations
facilities (i.e. fueling, loading and unloading, maintenance, storage, terminal facilities, etc.).
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"Helistop" means a single pad used for the landing, parking, or takeoff of one helicopter and other
facilities as may be required by Federal and State regulations, but not including operations facilities (i.e.
fueling, loading and unloading, maintenance, storage, terminal facilities, etc.).
"Homeowners' Association" means an organization of homeowners whose major purpose is to
maintain and provide community facilities and services for the common benefit of the residents.
"Home Occupation" means a business, occupation, or activity conducted as an accessory use within
a dwelling unit incidental to the residential use of the property and in which there is no display, no stock or
trade commodity sold on the premises, and which the appearance gives no indication of any use other than
residential.
"Horticulture" means the study and practice of cultivating plants, such as growing fruit, flowers,
ornamental plants, and vegetables in small gardens. Horticulture usually refers to gardening on a smaller
scale, while agriculture refers to the large-scale cultivation of crops.
"Horticulture, Commercial" means the cultivation of agricultural products for retail or wholesale sales.
Includes plant nurseries.
"Horticulture, Private" means the cultivation (but not sale) of agricultural products for use or consumption only by the property owner or tenant.
"Hospital" means a facility providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons, primarily on an inpatient basis. This use includes incidental facilities for outpatient
treatment, as well as training, research, and administrative services for patients and employees. This
excludes sanitariums and residential care facilities.
"Hotel" means a building or a portion of a building containing guest rooms intended or designed to be
used or which are used, rented, or hired out to be occupied or which are 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 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 Café 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 café, cyber café, 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
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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. 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 subdivision is prohibited in the city of Rosemead.
"Lot, Interior" means a lot other than a corner lot. (See Figure 17.04.050.3)
"Lot, Reversed Corner" means a corner lot the side street line of which is substantially a continuation
of the front lot line on the first lot to its rear. (See Figure 17.04.050.3)
"Lot, Through" means a lot having frontage on two parallel or approximately parallel streets. (See
Figure 17.04.050.3)
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Lot Area" means the total area within the boundary lines of a lot or parcel; provided, however, that the
following shall be excluded from the computation thereof:
1. Any portion of the lot or parcel which serves as an access easement to any other lot or building
site; or
2. Any portion of the lot or parcel which serves as an improved surface flood control project under the jurisdiction of any public agency.
For the purpose of determining area in the case of an irregular, triangular, or gore-shaped lot, a line ten (10) 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 ten (10) feet, parallel to and most distant from
the front lot line, which shall be interpreted as the rear lot line for the purpose of determining required yards, setbacks, and other provisions of this Land Use Code. (See Figure 17.04.050.3)
"Lot Line, Side" means any lot boundary line that is not a front lot line or a rear lot line. On a corner lot, the street right-of-way line with the greatest amount of street frontage shall be the side lot line, unless
otherwise specified by deed restriction. (See Figure 17.04.050.3)
"Lot Width" means the minimum horizontal distance between the side lot lines measured at the front
setback line. (See Figure 17.04.050.3)
"Lot Width, Average" shall be the average of the front and rear lot lines. In computing lot 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;
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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
"Manufactured Housing Unit" means a dwelling unit which is either wholly or mainly manufactured at
an off-site location and is assembled on site on a permanent foundation with permanent service
connections. The definition does not include a mobile home, mobile accessory structure, or an automobile
trailer or recreational vehicle.
"Massage" or "Massage Therapy" means any method of treating the external parts of the body for
remedial, hygienic, relaxation or any other similar purpose, whether by means of pressure on, friction
against or stroking, kneading, tapping, pounding, vibrating, rubbing or other manner of touching external parts of the body with the hands, or with the aid of any mechanical or electrical apparatus or appliance with
or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, ointment or
other similar preparations commonly used in this practice and shall include herbal body wraps. For the
purposes of this chapter, "massage" or "massage therapy" includes the techniques of acupressure and
reflexology.
"Massage Business or Establishment" means any business or establishment, including a sole proprietor or independent contractor, conducted within the City where any person engages in, conducts,
carries on or permits to be engaged in, conducted or carried on, for money or any other consideration, the
administration to another person of a massage, and also includes all businesses or establishments where
massage therapy is provided as an ancillary service such as clubs, gyms, day spas and professional offices
where such massage therapy is not otherwise exempt under this chapter.
"Medical Clinic" means any building or portion thereof used to provide medical, surgical or psychiatric
care to persons and which as a principal function provides such care on an outpatient basis.
"Mezzanine" means an intermediate floor between the main floors of a building, and therefore may not
be counted among the overall floors of a building. Often a mezzanine has a low-ceiling and projects outward
in the form of a loft or balcony.
"Medical Use" means any use involving the care of persons' general health by licensed practitioners.
This includes hospitals, urgent care clinics, out-patient facilities, doctor and dental offices, chiropractic and
podiatric facilities, and similar practices of the medical field and directly related laboratory services.
"Ministerial" means a government decision involving little or no personal judgment by the public official
as to the wisdom or manner of carrying out the action, including the issuance of a permit.
Field Code Changed
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"Mixed-Use Development (Mixed-Use Project)" is an approach to land use development that involves
integrating two or more different but highly compatible types of uses on the same property as part of a
unified development. Generally, a Mixed-Use Development consists of commercial and residential uses
integrated either vertically in the same structure or group of structures, or horizontally on the same
development site where parking, open spaces, and other development features are shared. However, light
industrial and commercial development may also be considered as Mixed-Use. In a Mixed-Use
Development, both uses are considered primary uses of the land.
"Mobile Housing Unit (Mobile Home)" means a trailer, transportable in one or more sections; that is
certified under the National Manufactured Housing Construction and Safety Standards Act of 1974; that is
over eight feet in width and forty (40) feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory-built housing. A mobile home on a permanent foundation
is included under the definition of "Single-unit dwelling."
"Mobile Home Park" means a type of residential development, established either as a legal subdivision
of land with individual mobile home pads and common areas or as a development where pads are leased
or rented, for the purpose of accommodating mobile home units on individual pads as part of a coordinated
development. A mobile home park may include common areas and facilities for the use of all park residents.
"Modular Home:" See "Manufactured Housing Unit".
"Motel" means one or more buildings containing guest rooms without kitchen facilities, some 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".
"Multifamily Dwelling:" See "Dwelling, Multifamily".
"Museum:" See "Cultural Institution".
"Nonconforming Building or Structure" means a building or structure or portion thereof which was
lawful when constructed but does not conform to Zoning Ordinance requirements subsequently established.
"Nonconforming Use" means the use of land/or building or structure, which was lawful when
established including compliance with property development requirements but which does not conform to
Zoning Code use and property development requirements subsequently established.
"Nursery:" See "Horticulture".
"Nursery School:" See "Child Day Care Facility".
"Office:"
"Accessory:" See "Accessory Use".
"Administrative Business Professional, Corporate" means an establishment providing direct, "over-the-
counter" services to consumers (such as, insurance agencies, real estate offices, travel agencies,
utility company offices, etc.) and office-type facilities occupied by businesses providing professional
services and/or engaged in the production of intellectual property.
"Government" means an administrative, clerical, or public contact office of a government agency,
including postal facilities, together with the incidental storage and maintenance of vehicles.
"Medical and Dental" means an office or health facility providing health services including, without
limitation; preventative and rehabilitation treatment, diagnostic services, testing and analysis. This use
includes offices providing medical, dental, surgical, rehabilitation, podiatric, optometric, chiropractic
and psychiatric services, and medical or dental laboratories incidental to these offices, but exclude
inpatient services and overnight accommodation.
"Open Space:"
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"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.
"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.
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"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" [means] establishments that provide recurring needed services of a
personal nature. Examples of these uses include:
• Acupuncture and acupressure
• Barber and beauty shops (without massage services)
• Clothing rental shops
• Day spas
• Dry cleaning pick up stores with limited on-site cleaning equipment
• Laundromats (self-service laundries)
• Locksmiths
• Nail salon
• Shoe repair shops
• Tailors and seamstresses
"Personal Services, Restricted" [means] 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 cafés
• 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
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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-Cochere" means a canopy attached to a residence, which is open on all sides, except where
attached to a residence and which extends over a driveway used for the loading and unloading of vehicles,
but which cannot be used to satisfy the off-street parking requirements of this 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.
"Radio/TV Broadcast Studios/Recording Studios, Film TV Studios" Commercial and public
communications facilities including radio and television broadcasting and receiving stations and studios, with facilities contained entirely within structures. Does not include transmission and receiving apparatuses
including antennas and towers.
"Reasonable Accommodation Request" means a request that may include a modification or exception
to the rules, standards, and practices for the site, development, and use of housing-related facilities that
would eliminate regulatory barriers and would provide a person with a disability an equal opportunity to
housing of their choice.
"Recharging Station" means a place that supplies electricity for the recharging of electric vehicles
(including plug-in hybrids).
"Recreational Vehicle (RV)" means motorhome, travel trailer, truck camper, or camping trailer, with or
without motive power, designed for human habitation for recreational or emergency occupancy, with a living area less than four hundred (400) square feet, excluding built-in equipment such as wardrobes, closets,
cabinets, kitchen units or fixtures, bath and toilet rooms.
"Recycling Facility" means a land use type that includes a variety of facilities involved with the
collection of recyclable materials. A "certified" recycling or processing facility is certified by the California
Department of Conservation as meeting the requirements of the California Beverage Container Recycling
and Litter Reduction Act of 1986 (Public Resources Code, Division 12.1). Recyclable material includes
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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 three hundred fifty (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
fifty (50) square feet. A bulk reverse vending machine is a reverse vending machine that is larger
than fifty (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 three hundred fifty
(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 fifty (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 24-hour non-medical care of persons in need of personal services, supervision, or assistance essential for
sustaining the activities of daily living or for the protection of the individual. In the event the provisions of
state law are updated, this section shall be interpreted and applied in conformity with State law.
"Residential Use" means the occupation of a structure that provides permanent housing for one or
more households.
"Restaurant:" See "Eating and Drinking Establishments".
"Retail Store" means an establishment which offers goods (such as books, gifts and clothing) to the
general public. This does not include swap meet, pawn shop, or thrift sales.
"School, Public and Private:" See "Education Institute".
"School, Business or Trade" means a public or private school offering instruction in the technical, commercial, and/or trade skills such as real estate, business and secretarial, electronics, automotive and
air craft, medical and dental, and similar commercial establishments.
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"Screened" means the use of a wall or growth or stand of trees, shrubs, or plants to shelter, protect,
or hide an area from view.
"Second Dwelling Unit:" See "Dwelling Unit".
"Secondary Use:" See "Use".
"Secondhand Store" means a retail establishment where the majority of the merchandise for sale is
secondhand or used. This includes thrift stores but does not include pawn shops or antique/collectibles
shops.
"Sensitive Use:" See "Use".
"Setback" means the distance from which a structure, parking area, or other development feature must
be separated from a prescribed lot line, easement, or other structure or development feature (see Figure
17.04.050.4).
"Front Yard Setback" means the minimum distance required between a structure and the front property
line (see Figure 17.04.050.4).
"Primary Building Line" means that portion of the front yard area defined by the space between the
front property line and the entire building frontage of the primary structure, whether or not all façade portions of the primary structure coincide with the front setback line (see Figure 17.04.050.4).
"Side Yard Setback" means the minimum distance required between a structure and a side property line (see Figure 17.04.050.4).
"Rear Yard Setback" means the minimum distance required between a structure and the rear property
line (see Figure 17.04.050.4).
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"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
thirty (30) percent or more of the units do not have a private bath and toilet within the unit. SRO units are
multifamily 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.
Field Code Changed
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"Specialty Retail (C-4 zone)" means a retail store concentrating on selling one merchandise line of
goods for a particular and usually selective clientele. Examples are stores selling DVDs, bagels, leather
goods, and imported dishware. Specialty retailers have a narrow but deep selection in their specialty of
items for sale.
"Specific Plan" means, under Article 8 of the Government Code (Section 65450 et seq.), a legal tool
for a detailed design and implementation of a defined portion of the area covered by a General Plan. A
specific plan may include all detailed regulations, conditions, programs, and/or proposed legislation which
may be necessary or convenient for the systematic implementation of any General Plan element(s).
"Storage:"
"Storage - Accessory" means the indoor storage of materials accessory and incidental to the primary
use is not considered a land use separate from the primary use.
"Storage - Outdoor" means the storage of various materials outside of a structure other than fencing,
either as an accessory or primary use.
"Storage - Personal Storage Facility" see "Personal Storage".
"Story" means that portion of a building included between the surface of any floor and the surface of
the floor above it, or if there is no floor above it then the space between such floor and the ceiling above it.
"Street" means a public thoroughfare which affords the principal means of access to abutting property.
"Structurally Altered" means to have had an alteration of any structural element, floor, frame, wall, roof,
or any other stress bearing portion of a building and excludes alterations to, or additions of, interior
nonbearing partitions and interior remodeling which does not affect the structural system.
"Structure" means anything constructed or erected, which requires a fixed location on the ground, or
is attached to something having a fixed location on the ground but not including fences or walls used as
fences, less than six feet in height. (See Figure 17.04.050.5 - Structure Types)
"Accessory Structure:" See "Accessory Structure".
"Attached Structure" means any structure that has a wall or roof in common with another structure.
"Primary Structure" means a structure that is conducted as the primary or predominant use of the lot and/or building site.
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"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 multifamily dwelling units will be permitted, conditionally permitted, or prohibited in the same manner as other single-family, two-family, or multifamily dwelling units under this Code.
"Swimming Pool" means an artificial body of water containing or normally capable of containing water to a depth of eighteen (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.
"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 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 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 students
at any given time.
"Urgent Care Facility" means a public or private hospital-based or free-standing facility, which includes
x-ray and laboratory equipment and a life support system, licensed or legally operating as an urgent care
facility, primarily providing minor emergency and episodic medical care with one or more physicians,
nurses, and x-ray technicians in attendance at all times when the facility is open.
"Use" means the purpose for which land or a building is designed, arranged, or intended, or for which
either is or may be occupied or maintained.
"Accessory Use:" See "Accessory Use".
"Allowed Use, Permitted Use" means a use of land identified by Article 2 (Zoning Districts, Allowable
Land Uses, and Zone Specific Standards) as allowed or conditionally allowed that may be established
with a permit or license, subject to compliance with all applicable provisions of Article 2.
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"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" [means] any unattended self-service device that, upon insertion of a coin, coins, or token, dispenses anything of value including food, water, beverages, goods, wares, merchandise or
services. This does not include newspaper racks, automatic teller machines (ATMs), or public telephones.
"Veterinary Services (Animal Hospital/Clinic)" means an establishment where household animals
receive medical and surgical treatment and may be temporarily boarded (more than one night stay) in
association with such medical or surgical treatment. Short-term animal boarding may be provided as an
accessory use.
"Wall" means a physical barrier constructed largely of masonry, brick, concrete, stucco, concrete block,
or any combination thereof and intended to mark a boundary.
"Warehouse Retail Store" means a store that emphasizes the packaging and sale of products in large
quantities or volumes, some at discounted prices. Sites and buildings are usually large in character. Patrons may be required to pay membership fees.
"Warehousing" means the storage of material goods including the performance of administrative and physical functions associated with storage of goods and materials. These functions include receipt,
identification, inspection, verification, putting away, storage, retrieval for issue, etc.
"Wholesaling" means the sale of commercial goods at or near production cost.
"Wireless Communications Facilities (WCF):" See Article 3, Chapter 17.54.
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"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.
(Ord. No. 931, § 5(Exh. A), 10-22-13)