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CC - Item 2A - Comprehensive Zoning Code Update WorkshopROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL AND HONORABLE CHAIR AND PLANNING COMMISSION FROM: JEFF ALLRED, CITY MANAGER DATE: AUGUST 13, 2013 SUBJECT: COMPREHENSIVE ZONING CODE UPDATE WORKSHOP SUMMARY Since October 2012, the Community Development Department has accelerated its efforts to complete the City's Comprehensive Zoning Code Update. The draft documents are nearly complete. This joint workshop will be conducted to review the proposed Zoning Code and Map changes with the City Council and Planning Commission to gain important feedback on key issues that are proposed in the project. Following the completion of this workshop, a public hearing process will be scheduled for upcoming regular meetings of the Planning Commission and City Council in September and October. Staff Recommendation In is recommended that members of the City Council and Planning Commission review and comment on the proposed modifications to the Zoning Code (Title 17 of the Rosemead Municipal Code). DISCUSSION The Comprehensive Zoning Code Update project consists of proposed amendments to the City's Zoning Code (Title 17 of the Rosemead Municipal Code) and Zoning Code Map that are designed to implement General Plan policy and ensure consistency with California State law. The Zoning Code serves as the primary tool to implement General Plan land use policy. Zoning districts that correspond to General Plan land use designations establish use regulations, development standards, and design criteria for all types of development in Rosemead. The Zoning Code has not been comprehensively updated since the City incorporated in 1959. The City of Rosemead is proposing comprehensive revisions to the Zoning Code, as well as amendments to the City's Zoning Map to: 1. Implement the adopted General Plan policies (2008 General Plan Update and 2010 General Plan Amendment); 2. Add provisions mandated by State law; and ITEM NUMBER: -� City Council — Planning Commission Comprehensive Zoning Code Update Workshop August 13, 2013 Page 2 of 2 3. Improve the administrative function of the Zoning Code in accordance with the City's Strategic Plan. This includes streamlining the development project review processes, increasing the code effectiveness by addressing current land use matters, improving the organization of Title 17, as well as clarifying land use terms and procedures. Zoning Code Update Process Overview The Comprehensive Zoning Code Update project began in the Fall of 2010. The project started with a Joint City Council — Planning Commission Workshop on November 9, 2010. During that workshop staff reviewed the goals of project and received feedback on key land use issues that the Council and Commission wanted addressed in the Zoning Code Update. The City Council later appointed a Zoning Code Update Subcommittee in 2011. The Subcommittee members include Mayor Polly Low, Mayor Pro Tern Bill Alarcon, and Planning Commissioner Vice -Chair Nancy Eng. Staff has met several times with the Subcommittee and has completed reviewing and receiving their feedback on the proposed updates. In addition, staff recently completed two community outreach workshops that took place on July 10th and July 11th, 2013. Once staff has received feedback and comments from the Joint City Council and Planning Commission Workshop on August 13, 2013, the public hearing process to adopt the Comprehensive Zoning Code Update will begin. Comprehensive Zoning Code Update Documents The Zoning Code revisions are presented in a "redlined version" of the existing Zoning Code (Attachment "A "). Changes to the existing code are shown as green text for code to be added, strikethrough black text for existing code to be deleted, and black text for existing code to remain. A Comprehensive Zoning Code Update "Summary of Change" has been prepared to provide an overview of the major substantive changes proposed to the Rosemead Zoning Code. The "Summary of Change" is included in this report as Attachment "B." Lastly, the PowerPoint presentation included as Attachment "C" has been designed to facilitate discussion and gather input during the Joint City Council — Planning Commission Workshop. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: Submitted by: SHERI BERMEJO MICHELLE RAMIREZ CITY PLANNER COMMUNITY DEVELOPMENT DIRECTOR Attachment A — Draft Zoning Code Update Attachment B — Comprehensive Zoning Code Update Summary of Change Attachment C — PowerPoint Presentation ATTACHMENT A Reserved CITY OF ROSEMEAD ZONING CODE UPDATE :211 Joint City Council and Planning Commission Workshop August 13, 2013 Reserved TABLE OF CONTENTS ARTICLE 1 PURPOSE AND APPLICABILITY OF ZONING CODE Chapter 17.04 GENERAL PROVISIONS Sections: Official zoning map. 2 17.04.010 Purpose. 1 17.04.020 Authority, relationship to general plan. 1 17.04.030 Applicability of zoning code provisions. 2 17.04.040 Interpretation of provisions. 2 17.04.050 Definitions — general. 4 ARTICLE 2 ZONING DISTRICTS, ALLOWABLE LAND USES AND ZONE - SPECIFIC STANDARDS Chapter 17.08 ESTABLISHMENT OF DISTRICTS AND GENERAL REQUIREMENTS Sections: 17.08.010 Districts established. 1 17.08.020 Official zoning map. 2 17.08.030 Interpretation of zone boundaries. 2 17.08.040 Zoning of annexed property. 2 17.08.050 General requirements. 3 17.08.060 Hierarchy of zoning district restrictiveness. 10 Chapter 17.12 RESIDENTIAL ZONING DISTRICTS Sections: 17.12.010 Purpose. 11 17.12.020 Residential district land uses and permit requirements. 11 17.12.030 Residential district development standards. 14 Chapter 17.16 COMMERCIAL ZONING DISTRICTS Sections: 17.16.010 Purpose. 22 17.16.020 Commercial district land uses and permit requirements. 22 17.16.030 Commercial district development standards. 30 Chapter 17.20 COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS Sections: 17.20.010 Purpose. 43 17.20.020 Commercial and industrial district land uses and permit requirements. 43 17.20.030 Commercial and industrial district development standards. 49 CITY OF ROSEMEAD - ZONING CODE - TITLE 17 Chapter 17 24 SPECIAL PURPOSE ZONING DISTRICTS Sections: 17.24.010 Purpose. 53 17.24.020 Special purpose district land uses and permit requirements. 53 17.24.030 Special purpose district development standards. 55 17.24.040 P -D District reclassification and plan adoption. 56 Chapter 17.28 OVERLAY ZONES Sections: 17.28.010 Purpose. 63 17.28.020 Design Overlay (D -O) Zone. 65 17.28.030 Residential /Commercial Mixed -Use Development Overlay (RC -MUDO) Zone. 71 ARTICLE 3 REGULATIONS FOR SPECIAL USES AND STRUCTURES Chapter 17.30 STANDARDS FOR SPECIFIC LAND USES Sections: 17.30.010 Purpose. 1 17.30.020 Applicability. 1 17.30.030 Adult businesses. 2 17.30.040 Alcohol beverage sales. 3 17.30.050 Automated teller machines (ATMs) and walk -up bank services. 5 17.30.060 Automobile car wash (full service and self- service). 6 17.30.070 Automotive lube and tune facility. 7 17.30.080 Automotive service station. 8 17.30.090 Body art. 12 17.30.100 Donation boxes - outdoor. 13 17.30.110 Drive - through or drive -up facilities. 14 17.30.120 Emergency shelters and temporary aid centers. 16 17.30.130 Hotels and motels. 18 17.30.140 Internet cafe and game arcade. 22 17.30.150 Karaoke KTV studios. 26 17.30.160 Large and small family day care facilities. 28 17.30.170 Outdoor dining. 31 17.30.180 Recycling facilities. 31 17.30.190 Second dwelling units. 38 17.30.200 Single room occupancy (SRO). 42 Chapter 17.32 ACCESSORY STRUCTURES Sections: 17.32.010 Purpose and applicability. 44 17.32.020 Permit requirements. 44 17.32.030 Accessory structures in residential zones. 44 CITY OF ROSEMEAD - ZONING CODE - TITLE 17 17.32.040 Accessory structures in non - residential zones. 46 17.32.050 Solid waste and recyclable materials storage areas. 47 Chapter 17.36 CONDOMINIUMS AND CONDOMINIUM CONVERSIONS Sections: Definitions. 73 17.36.010 Intent and purpose. 48 17.36.020 Applicability. 48 17.36.030 Definitions. 48 17.36.040 Permitted zones. 49 17.36.050 Procedure and submittal requirements. 49 17.36.060 Development standards. 52 17.36.070 Condominium conversions. 57 Chapter 17.42 MOBILE HOMES AND MANUFACTURED HOUSING Section: Appeal - Conditional Use Permits. 90 17.42.010 Manufactured housing requirements. 60 bectlons: 17.46.010 Definitions. 61 17.46.020 Exemptions. 63 17.46.030 Applicability. 63 17.46.040 Required improvements and standards. 63 17.46.050 Mobile home park conversions. 64 17.54.010 Purpose, intent and goals. _72 17.54.020 Definitions. 73 17.54.030 Applicability. 79 17.54.040 Exemptions. 79 17.54.050 Required approvals— expiration and renewal. 17.54.060 Application submission requirements. 81 17.54.070 Approval procedures— required findings. 87 17.54.080 Prohibited grounds for denial. 89 17.54.090 Requirements for administrative collocation. 17.54.100 Applicant's evidentiary burden. 89 17.54.110 Appeal - Conditional Use Permits. 90 17.54.120 Appeal - Administrative Collocation. 90 17.54.130 General development standards. 90 17.54.140 Design standards. 94 17.54.150 Noise. 95 17.54.160 RF and other emissions requirements. 95 17.54.170 Performance bond. 97 17.54.180 FAA Compliance. 97 17.54.190 Maintenance and security. 97 79 [IN CITY OF ROSEMEAD - ZONING CODE - TITLE 17 3 17.54.200 Maintenance responsibility. 98 17.54.210 Abandonment or discontinuance of use— removal of facilities. 98 17.54.220 Transfer of operation. 99 17.54.230 Revocation. 100 17.54.240 Wireless facilities in the public right -of -way. 100 17.54.250 Nonconforming facilities. 101 17.54.260 Fees. 101 ARTICLE 4 SUPPLEMENTAL STANDARDS Sections: 17.68.010 Purpose and applicability. 1 17.68.020 Permit requirements. 1 17.68.030 Height limitations — residential development. 1 17.68.040 Height limitations — commercial, industrial, residential /commercial mixed - use or commercial /industrial mixed -use development. 2 17.68.050 Retaining walls. 3 17.68.060 Fencing for residential or nonresidential sports facilities. 3 17.68.070 Determining height. 3 17.68.080 Prohibited fencing materials. 3 17.68.090 Fencing of hazardous areas. 4 17.68.100 Fences on lots that are vacant, under construction, or demolished. 4 17.68.110 Requirement for construction of a six -foot high masonry wall. 5 Chapter 17.72 NONCONFORMING USES STRUCTURES, LOTS AND PARKING FACILITIES Sections: 17.72.010 Purpose. 6 17.72.020 Limitations on other uses and structures. 6 17.72.030 Nonconforming uses. 6 17.72.040 Nonconforming structures. 7 17.72.050 Nonconforming due to parking. 8 17.72.060 Parking structures and residential garages. 8 17.72.070 Nonconforming lots. 8 17.72.080 Reconstruction of damaged nonconforming buildings. 9 17.72.090 Exceptions. 9 17.72.100 Loss of legal nonconforming status. 10 Chapter 17.76 OUTDOOR SALES AND GARAGE SALES Sections: 17.76.010 Outdoor display and sales. 14 17.76.020 Garage sales. 15 CITY OF ROSEMEAD - ZONING CODE - TITLE 17 4 Chapter 17 84 DENSITY BONUS Purpose and intent. 34 Sections: Scope. 34 17.104.030 17.84.010 Purpose. 17 Permit — Required. 36 17.84.020 Applicability. 17 17.104.060 17.84.030 Available density bonuses. 17 17.84.040 Calculation of density bonus. 19 17.84.050 Density bonus general provisions. 19 17.84.060 Requirements for targeted affordable dwelling units. 19 17.84.070 Additional incentive /concession for projects with affordable units. 20 17.84.080 Parking standards. 21 17.84.090 Granting an incentive or concession. 22 17.84.100 Land donation - density bonus. 22 17.84.110 Day care centers - density bonus, incentive or concession. 23 17.84.120 Condominium conversions - density bonus. 24 17.84.130 Density bonus application requirements and process. 25 17.84.140 Density bonus housing agreement. 27 Chapter 17.88 LIGHTING Sections: 17.88.010 Applicability. 28 17.88.020 Lighting Standards. 28 Chapter 17.92 PUBLIC ART Sections: 17.92.010 Applicability. 29 17.92.020 Definitions. 29 17.92.030 Objects not considered public art. 29 17.92.040 Approval of art plan. 30 17.92.050 Additional requirements for public art for on -site installation. 30 17.92.060 Declaration of covenants, conditions and restrictions. 31 Chapter 17.96 GREEN BUILDING Sections: 17.96.010 Applicability. 32 17.96.020 Encouraged green building practices. 32 Chapter 17.104 OAK TREE PRESERVATION Sections: 17.104.010 Purpose and intent. 34 17.104.020 Scope. 34 17.104.030 Definitions. 34 17.104.040 Permit — Required. 36 17.104.050 Permit — Applications. 36 17.104.060 Permit — Approval or denial. 36 CITY OF ROSEMEAD - ZONING CODE - TITLE 17 5 17.104.070 Permit approval— Conditions. 36 17.104.080 Permit expiration. 37 17.104.090 Exemptions from permit requirements. 37 17.104.100 Permit fees. 38 17.104.110 Standards for granting permits. 38 17.104.120 Tree preservation plan. 38 17.104.130 Appeals. 39 17.104.140 Violations — Penalties. 39 Chanter 17.112 OFF - STREET PARKING AND LOADING Sections: 17112.010 Purpose. 47 17.112.020 Permit requirements. 47 17.112.030 Exemptions. 48 17.112.040 Number of spaces required. 48 17.112.050 Alternative parking provisions. 53 17.112.060 Elimination or reduction of parking spaces prohibited. 54 17.112.070 Use of recreational vehicles and nonresidential trailers. 54 17.112.080 General use provisions for off - street parking spaces. 55 17.112.090 Parking space and drive aisle dimensions. 56 17.112.100 Location of parking facilities. 58 17.112.110 Valet parking. 59 17.112.111 Parking design and layout standards. 59 17.112.112 Bicycle parking. 62 17.112.113 Loading area requirements. 62 Chanter 17.116 SIGNS Sections: 17.116.010 Purpose and intent. 66 17.116.020 Definitions. 66 17.116.030 General provisions, standards and controls. 68 17.116.040 Exceptions. 68 17.116.050 Signs prohibited in any zone. 69 17.116.060 Signs in R (residential) zones. 69 17.116.070 Signs in commercial and industrial zones. 70 17.116.080 English language use on on- premise signs. 70 17.116.090 Signs in the P -D, P -O, and R/C MUDO zones. 71 17.116.100 Billboards prohibited. 72 17.116.110 Billboards erected prior to December 1, 1979. 72 17.116.120 Rehabilitation of existing billboards. 72 17.116.130 Rehabilitation of existing substandard billboards. 73 17.116.140 Effect of conformity to Section 17.116.130. 73 17.116.150 Nonconforming sign — Replacement of alteration. 73 17.116.160 Nonconforming signs and billboards — Removal procedure. 73 17.116.170 Illegal signs in public right -of- way — Removal authority. 74 CITY OF ROSEMEAD - ZONING CODE - TITLE 17 6 17.116.180 Illegal signs — Presumption of responsible party. 74 17.116.190 Illegal signs on public property — Removal charges. 75 17.116.200 Hearing on removal costs. 75 ARTICLE 5 LAND USE AND DEVELOPMENT APPLICATION PROCEDURES Chanter 17.120 APPLICATIONS AND PROCESSING Sections: 17.120.010 Purpose. 1 17.120.020 Authority for land use and zoning decisions. 1 17.120.030 Multiple permit applications. 1 17.120.040 Optional pre - application review and meeting. 3 17.120.050 Land use application preparation and filing. 4 17.120.060 Application fees. 4 17.120.070 Initial application review and completeness. 5 17.120.080 Public hearing. 6 17.120.090 Time limits. 6 17.120.100 Changes to an approved project. 7 17.120.110 Environmental assessment. 8 Chanter 17.124 TEMPORARY USE PERMITS AND SPECIAL EVENTS Sections: 17.124.010 Purpose. 9 17.124.020 Definitions. 9 17.124.030 Exempt temporary uses and special events. 9 17.124.040 Allowed temporary uses and special events. 10 17.124.050 Application filing, processing, and review. 11 17.124.060 Findings and decision. 12 17.124.070 Conditions of approval. 12 , 17.124.080 Expiration, modification, extension and revocation of temporary use permit or special event permit. 13 Chanter 17.128 ADMINISTRATIVE USE PERMIT Sections: 17.128.010 Purpose. 14 17.128.020 Applicability. 14 17.128.030 Application filing and processing. 14 17.128.040 Findings and decision authority. 14 17.128.050 Conditions of approval. 15 17.128.060 Expiration, modification, extension and revocation of administrative use permit. 15 CITY OF ROSEMEAD - ZONING CODE - TITLE 17 7 Chanter 17.132 CONDITIONAL USE PERMITS Sections: 17.132.010 Purpose. 17 17.132.020 Applicability. 17 17.132.030 Application filing and processing. 17 17.132.040 Findings and decision authority. 17 17.132.050 Conditions of approval. 18 17.132.060 Expiration, modification, extension and revocation of conditional use permit. 19 Chanter 17.136 SITE PLAN AND DESIGN REVIEW Sections: 17.136.010 Purpose. 20 17.136.020 Applicability. 20 17.136.030 Review authority. 21 17.136.040 Application requirements and review criteria. 22 17.136.050 Issuance of other required permits and approvals. 23 Chanter 17.140 VARIANCES Sections: 17.140.010 Purpose. 24 17.140.020 Applicability. 24 17.140.030 Application filing and processing. 24 17.140.040 Findings and decision authority. 24 17.140.050 Conditions of approval. 25 17.140.060 Expiration and extensions. 25 Chaoter 17.142 MINOR EXCEPTION Sections: 17.142.010 Purpose. 26 17.142.020 Authority to approve. 26 17.142.030 Application and fees. 27 17.142.040 Hearing and notice. 28 17.142.050 Investigation of application. 28 17.142.060 Appeals from decision of Community Development Director. 28 17.142.070 Decision on minor exception to be final prior to issuance of permit. 28 17.142.080 Voiding of minor exception. 28 17.142.090 Extension of time. 28 Chaoter 17.144 REASONABLE ACCOMMODATIONS Sections: 17.144.010 Purpose. 29 17.144.020 Applicability. 29 17.144.030 Administration. 29 17.144.040 Review and determination. 30 CITY OF ROSEMEAD - ZONING CODE - TITLE 17 8 17.144.050 Required findings. 30 17.144.060 Conditions of approval. 31 17.144.070 Appeals. 31 Chaoter 17.148 DEVELOPMENT AGREEMENTS Sections: 17.148.010 Purpose. 32 17.148.020 Applicability. 32 17.148.030 Application filing and processing. 32 17.148.040 Findings and decision authority. 33 17.148.050 Content of development agreement. 34 17.148.060 Execution and recordation. 35 17.148.070 Periodic review. 35 17.148.080 Amendment or cancellation of development agreement. 35 Chanter 17.150 SPECIFIC PLANS Sections: 17.150.010 Purpose. 36 17.150.020 Applicability. 36 17.150.030 Required specific plan contents. 36 17.150.040 Initiation. 37 17.150.050 Authority for adoption. 37 17.150.060 Adoption procedure. 37 17.150.070 Fees and charges. 37 ARTICLE 6 ADMINISTRATION AND ENFORCEMENT 17.152.010 Purpose. 1 17.152.020 Initiation of changes and amendments. 1 17.152.030 Processing, notice, and hearings. 1 17.152.040 Planning Commission's action. 2 17.152.050 Council's action. 3 17.152.060 Findings. 3 17.152.070 Effective dates. 4 17.156.010 Purpose. 5 17.156.020 Notice of public hearings and administrative review. 5 17.156.030 Scheduling of hearing. 6 17.156.040 Hearing procedure. 6 CITY OF ROSEMEAD - ZONING CODE -TITLE 17 9 17.156.050 Decision and notice. 7 Chanter 17.160 APPEALS AND REQUESTS FOR REVIEW Sections: 17.160.010 Purpose. 8 17.160.020 Council review. 8 17.160.030 Planning Commission review. 8 17.160.040 Appeals of decisions. 8 17.160.050 Filing and processing of appeals. 8 17.160.060 Request for review. 9 Chaoter 17.164 ENFORCEMENT Sections: 17.164.010 Purpose. 11 17.164.020 Permits and approvals. 11 17.164.030 Enforcement responsibility. 11 17.164.040 Inspections. 11 17.164.050 Violations. 12 17.164.060 Initial enforcement action. 12 17.164.070 Legal remedies. 13 17.164.080 Remedies are cumulative. 13 17.164.090 Enforcement of title provisions. 13 Chaoter 17.168 REVOCATIONS AND MODIFICATIONS Sections: 17.168.010 Purpose. 15 17.168.020 Revocations. 15 17.168.030 Modifications. 15 17.168.040 Findings to modify or revoke. 15 17.168.050 Hearing and notice required. 16 CITY OF ROSEMEAD - ZONING CODE - TITLE 17 10 ARTICLE 1 Reserved TITLE 17 ARTICLE 1 PURPOSE AND APPLICABILITY OF ZONING CODE Chapter 17.04 GENERAL PROVISIONS Sections: 17.04.010 Purpose. 17.04.020 Authority, relationship to general plan. 17.04.030 Applicability of zoning code provisions. 17.04.040 Interpretation of provisions. 17.04.050 Definitions - general. 17.04.010 Purpose. This Title, cited as the Rosemead Zoning Code, Title 17 of the Rosemead Municipal Code, carries out the policies of the Rosemead General Plan by classifying and regulating uses of land and structures within the City. This Title is adopted to protect and promote the public health, safety, and general welfare of residents and businesses in the City. More specifically, it is the purpose of this Title to: A. Provide standards that will guide orderly growth and development of the City, B. Preserve and protect the integrity and character of the City's residential neighborhoods; C. Maintain vital areas for business activities that serve the community and protect the quality of life: D. Require thoughtful planning and design that enhances the visual character of the City and avoids conflict between land uses, E. Create a comprehensive and stable pattern of land uses for which public services and infrastructure can be efficiently and adequately planned, and F. Ensure that property within the City is well maintained by requiring each owner, occupant, or other person in charge of any property to keep it in good repair and in compliance with the provisions of this Title. 17.04.020 Authority, relationship to general plan. A. Authority. This Title is adopted pursuant to Article Xl, of the Constitution of the State and in compliance with the requirements of Government Code Title 7, Planning and Zoning Law. B. General Plan consistency. The City's General Plan is the document that establishes the broad goals and policies for all future development. This Title is one of the primary tools used to implement the goals, objectives, and policies of the General Plan. The City Council intends, and State law requires, that this Title be consistent with the General Plan, and that any use TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 1 or development approved in compliance with this Title will also be consistent with the General Plan. 17.04.030 Applicability of zoning code provisions. This Title applies to all land uses, structures, and development within the City as follows: A. New land uses or structures. It shall be unlawful and a violation of this Title for any person to establish any land use or construct any structure except in compliance with the requirements of this Title. B. Existing land uses or structures. The requirements of this Title are not retroactive in their effect on land uses or structures, lawfully established before the effective date of this Title or any applicable amendment. Existing land uses or structures are lawful and not in violation of the Rosemead Municipal Code only when operated and maintained in compliance with all applicable provisions of this Title. C. Other permits and requirements. Nothing in this Title eliminates the need for obtaining any other permits required by the City, or any permit approval required by other provisions of the Municipal Code or the laws or regulations of any County, Regional, State, or Federal agency. D. Government projects. The provisions of this Zoning Code shall apply to any County, special district, and State or Federal government or agency to the maximum extent allowed by law. The provisions of this Zoning Code shall not apply to any public project of the City except to the minimum extent required by law. 17.04.040 Interpretation of provisions. A. Authority to interpret. The Community Development Director shall have the responsibility and authority to interpret the requirements and intent of this Title. B. Interpretations Implemented as Policy. The Community Development Director may from time to time establish an interpretation as a matter of policy in order to ensure consistent and fair application of the code. After ascertaining all pertinent facts regarding an interpretation, the Community Development Director shall set forth the findings of the interpretation in writing as provided in subsection B1 and made available to the public together with the zoning code. Unless such finding and interpretation is appealed to the Planning Commission, the Community Development Director's interpretation shall thereafter govern. 1. Procedure for Interpretation. At the written request of any person, or at the Community Development Director's discretion, the Community Development Director may determine the meaning or applicability of any requirement of this Title and may issue an official interpretation. a. Requests for interpretation shall be in writing and specifically state the provision(s) in question and provide any information to assist in the review. b. The Community Development Director's official interpretation shall be recorded in TITLE 17 -ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 2 writing and shall quote the provision(s) being interpreted, and explain their meaning orapplicability in the particular orgeneral circumstances that caused the need for interpretation. c. The Community Development Director's official interpretations shall be distributed to the City Council, Planning Commission, City Attorney, City Clerk, and all affected staff. d. Any interpretation of this Title by the Community Development Director may be appealed to the Planning Commission, whose decision regarding the interpretation shall be final. The Community Development Director may also refer any interpretation to the Planning Commission for a determination. 2. Allowable Uses of Land. The Community Development Director may determine that a proposed use not listed in Article 2, Chapter 17.12 (Residential Zoning Districts), Chapter 17.16 (Commercial Zoning Districts), Chapter 17.20 (Commercial and Industrial Zoning Districts), Chapter 17.24 (Special Purpose Zoning Districts), and 17.28 (Overlay Zones) is allowable if the use is substantially similar to a use permitted in Article 2, Chapter 17.12 (Residential Zoning Districts), Chapter 17.16 (Commercial Zoning Districts), Chapter 17.20 (Commercial and Industrial Zoning Districts), Chapter 17.24 (Special Purpose Zoning Districts), and 17.28 (Overlay Zones) and all of the following findings are made: a. The proposed use will be consistent with the goals, objectives, and policies of the General Plan; b. The characteristics of, and activities associated with, the proposed use are equivalent to those of one or more of the uses listed in the zoning districts as allowable, and are no more detrimental or intensive than the uses listed in the district for which the proposed use is determined to be consistent with; and c. The proposed use will meet the purpose and intent of the zoning district that is applied to the site where the proposed use is to be located. 3. Zone district boundaries. The Community Development Director may determine the exact location of any zone district boundary. Any such determination shall be documented in writing and shown clearly on a map, and may be appealed to the Planning Commission. C. Interpretation as Minimum Requirements. When any regulation or standard of this Title is being interpreted and applied all provisions shall be considered to be minimum requirements unless stated otherwise (such as height limits and lot coverage for structures). D. Calculations - Rounding. Where provisions of this Zoning Code require calculations to determine applicable requirements any fractional/decimal results of the calculations shall be rounded as provided by this Subsection. Residential density, minimum lot area, and number of lots. The fractional /decimal results of calculations of the number of dwelling units allowed on a parcel based on TITLE 17 - ZONING ARTICLE 1 -PURPOSE AND APPLICABILITY OF ZONING CODE 3 maximum density requirements, and the number of parcels allowed through subdivision based on a minimum lot area requirement shall be rounded down to the next lowest whole number, except when calculating a density bonus in compliance with Chapter 17.84 (Density Bonus). In the case of a density bonus, the fractional /decimal results of a calculation of the number of dwelling units allowed shall be rounded up to the next whole number. 2. All other calculations. For all calculations required by this Zoning Code other than those described in Subsection D.1 above, the fractional /decimal results of calculations shall be rounded to the next highest whole number when the fraction /decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5. 17.04.050 Definitions - general. For use in this Title certain terms are hereby defined. Words used in the present tense shall include the past and future tense and vise versa. Words in the singular form shall include the plural form and vice versa. The words "shall' and "will' are mandatory and the words "should" and "may" are permissive. Words and phrases used in the Zoning Code and not specifically defined shall be construed according to the context and common usage of the language and as ultimately determined by the Community Development Director. For the purpose of carrying out the intent of this title, certain terms, words, and phrases are defined and shall be deemed to have the meaning ascribed to them as follows: .d the use Of .L+' h id ♦ I to that of the build R Str M o AF JAP MR hh same let. Where the wall of aR aGGe6seFy bw Id Rg s a part of, OF j9iRted te, the wall of the "Accessory Structure" "Nonresidential Accessory Structure" means an attached or detached structure that is a part of, and clearly incidental and secondary to, a nonresidential structure and that does not change the character of the nonresidential structure. Illustrative examples of these structures include. • Decks. • Fences. • Garages. • Gazebos. • Kiosks and carts for selling beverages, food, clothing, phones. toys, etc. • Outdoor fireplaces. • Outdoor kitchens. • Outdoor play equipment. • Patios. • Platforms. • Porches. • Refuse collection structures /trash enclosures. • Spas and hot tubs. • Storage or work sheds. TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 4 • Swimming pools. • Tennis and other on -site sport courts. • Terraces. • Walls. • Workshops. "Residential Accessory Structure" means an attached or detached structure that is a part of, and clearly incidental and secondary to, a residence and that does not change the character of the residential structure. Does not include second dwelling units. Illustrative examples of these structures include: • Decks. • Fences. • Garages. • Gazebos. • Greenhouses (noncommercial). • Outdoor play equipment. • Patios. • Platforms. • Porches. • Spas and hot tubs. • Storage or work sheds. • Swimming pools. • Tennis and other on -site sport courts. • Terraces. • Walls. • Workshops. "Accessory Use" means an activity on a property that is incidental and subordinate to the main use of the site. "Acupuncture" means a form of medical treatment involving the use of pressure, needles, or similar applications. "Adult Business" means any business establishment or concern that, as a regular and substantial course of conduct, performs or operates as an adult arcade, adult cabaret, adult model studio, adult store or adult theater, or any combination thereof. It also means any business establishment or concern that, as a regular and substantial course of conduct, sells or distributes sexually oriented merchandise or sexually oriented material. or any other business establishment or concern that, as a regular and substantial course of conduct, offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas. Adult business does not include those uses or activities, the regulation of which is preempted by state law. (See Chapter 17.30 Section 17.30.030 (Standards for Specific Land Uses) and Chapter 5.08, pertaining to the licensing and regulation of Adult Businesses. "Alcohol Beverage Sales" "Alcohol Sales, Off -Sale" means any establishment in which alcoholic beverages TITLE 17 -ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 5 are sold, served, or given away for consumption off the premises. References to the establishment shall include any immediately adjacent area that is owned, leased, rented, or controlled by the licensee. "Alcohol Sales, On -Sale" means any establishment in which alcoholic beverages are sold, served, or given away for consumption on the premises and where the owner is applying for or has obtained any ABC Licenses for on -site consumption. References to the establishment shall include any immediately adjacent area that is owned, leased, rented. or controlled by the licensee. (See Article 3, Chapter 17.30 (Standards for Specific Land Uses). Section 17.30.040 for Alcohol Beverage Sales regulations.) "Alley" means a public way, other than a street, permanently reserved as a secondary means of vehicular access to abutting property. "Ambulance Fleet Services" means a base facility where ambulances and similar vehicles are parked and from which they are dispatched, and /or where ambulance vehicles and crews are not based at a hospital or fire department stand by for emergency calls. "Animal Hospital /Clinic" see "Veterinary Services ". "Animal Sales and Services" "Animal Boarding /Kennels" means the commercial provision of shelter and care for dogs, cats, other household animals. and horses (where allowed), including activities associated with such shelter and care (i.e., feeding, exercising, grooming, and incidental medical care). "Animal Grooming" means the commercial provision of bathing and trimming services for dogs, cats, and other household animals permitted by this Development Code. Overnight boarding is not allowed. "Animal Retail Sales" means the retail sales of household animals within an entirely enclosed building. This use includes grooming, if incidental to the retail use, but specifically excludes boarding of animals other than those for sale. "Antique" means any article which because of age, rarity, or historical significance has a monetary value greater than the original value, or which has an age recognized by the United States Government as entitling the article to an import duty less than that prescribed for contemporary merchandise. "Apartment" means a room or a suite of two or more rooms in a multiple dwelling, occupied or suitable for occupancy as a residence for one family. "Apartment House" means a building containing three or more apartments each of which is designed for occupancy or occupied by a person or family living independently of the other apartments or units in the building. "Apartment Studio" means a small apartment usually consisting of one main living space, a small kitchen, and a bathroom. TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 6 "Arcade" oF slug operated amusemeRt maGhines, at whiGh games and aGt;Ytes FequjF+ng the skill means an establishment that provides four or more amusement devices, whether or not the devices constitute the primary use or an accessory or incidental use of the premises. Amusement devices means electronic or mechanical equipment, game, or machine that is played or used for amusement, which when so played or used involves skill and which is activated by coin, key, or token, or for which the player or user pays money for the privilege of playing or using. See also "Internet/Cyber Cafe ". "Architectural Feature" means any part of the structure that is part of the design and creates the style of the building or structure such as windows, eaves, trim, porches, etc. "Assembly /meeting facilities, Public or Private" means a facility for public or private assembly and meetings. Illustrative examples of these uses include: • Banquet rooms. • Civic and private auditoriums. • Community centers. • Conference /convention facilities. • Meeting halls for clubs and other membership organizations. • Places of Religious Assembly, including limited associated accessory uses (i.e., religious school activities that are not full -time, residence for clergy, and office space, and excluding schools with regular daily sessions.) • Sports stadiums and arenas. • Also includes functionally related internal facilities (i.e., kitchens, multi - purpose rooms, storage, etc.). and functionally associated accessory uses (e.g. temporary aid shelters to provide humanitarian assistance). Does not include conference and meeting rooms that are accessory and incidental to another principal use and typically used only by on -site employees and clients, and that occupy less floor area on the site than the principal use they support. Does not include sports or other commercial entertainment facilities (see "Commercial Recreation and Entertainment "). Does not include funeral homes and mortuaries (see "Funerals Homes and Mortuaries "). Related on -site facilities including day care centers and schools are separately defined (see "Educational Institute "). "ATM (Automated Teller Machine)" means an automated device used by the public to conduct banking and financial transactions electronically (i.e. withdrawing cash from, or depositing cash or checks into, a bank, savings and loan, credit union, credit card or similar account). This does not apply to retail point -of -sale transactions within a fully enclosed location. This also refers to machines located on properties separate from financial institutions. "Attic" means the area located between the top plate and the roof or ridge of a building, as further defined in the Building Code (see Figure 17.04.050.1). TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 7 Figure 17.04.050.1 — Attic Attic ----- - - - - -- - -- 2nd Floor 1st Floor "Automobile Car Wash" means establishments engaged in the washing, waxing, or cleaning of automobiles or similar light vehicles. "Full Service" means a car wash establishment where operating functions are performed entirely by an operator /owner with the use of washing, waxing. and drying equipment. "Self- Service or Accessory" means an establishment where washing, drying, polishing, or vacuuming of an automobile is done by the car driver or occupant. "Automobile Lube and Tune Facility" means an establishment that provides minor maintenance services for automobile engines and brake systems. Such businesses are characterized by short service visits. Overnight outdoor parking or storage of automobiles being serviced is prohibited. "Automobile Parts and Accessory Store" means a retail place of business selling or furnishing automobile supplies and parts. No repair work of any kind may be conducted in conjunction with such use. "Automobile Rental or Leasing" means a place of business used for the storage and display of complete and operative automobiles for the purpose of renting or leasing said vehicles on a short or long term basis. "Automobile Repair Garage" means a business conducted within a fully enclosed building which services and repairs motor vehicles, but exclusive of all body and fender repair or painting, steam cleaning, mechanical and non - mechanical car washing, TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 8 recapping of tires, engine or transmission overhauling or replacement and other major repairs. "Automobile Service Station" means a retail business establishment limited to the sale of motor fuels and supplying goods and services generally required in the operation and maintenance of automotive vehicles and the fulfilling of motorists' needs. These may include sale of petroleum products; sale and servicing of tires, batteries, automotive accessories and replacement items, washing and lubrication services, the performance of minor automotive maintenance and repair, and the supplying of other incidental customer services and products. Major automotive repairs, painting and body fender work are excluded except where such uses are otherwise permitted. "Service station" as used herein does not include chain, automatic or coin - operated wash racks. "Bachelor Apartment" means a studio unit, an apartment, or dwelling unit in a multiple dwelling or apartment house, occupied or suitable for occupancy as a residence for one person. A bachelor apartment contains bath and cooking facilities and one room used for living room and sleeping with no separate bedroom. "Bar /Cocktail Lounge" means a saloon, bar, pub, tavern, or similar place used primarily for drinking alcohol and designed for social interaction and /or entertainment. "Basement" means an area of a building or structure that is partially above ground and having no more than fifty (50) percent of its height, at any point, above finish grade on each and every side. A basement is not considered a floor or story unless more than fifty (50) percent of its height is above finished grade. "Beauty shop" means a commercial establishment that sells beauty and health products and /or provides personal care and grooming services such as hair cutting and styling, nail care, facial hair removal, and non - permanent make -up application to the face. A "Beauty Shop" does not include electrolysis, facials, skin care and skin treatment services, massage, reflexology, tanning, body wrapping or weight management. "Beauty /Health Spa" means a commercial establishment, such as a (nonmedical) health spa or day spa, providing a comprehensive range of beauty, health, relaxation, and personal care and grooming services including, but not limited to, hair cutting and styling, facials and skin care, skin treatments, aesthetician services, nail care, hair removal, electrolysis, cosmetics, tanning, body wrapping, weight management, and massage. "Bedroom" means an enclosed space within a dwelling unit that is designed for sleeping has a permanent door permitting closure and separation from all kitchen, living room, and hallway areas and complies with the Uniform Building Code requirements for a bedroom. "Berm" means a raised earthen area (see Figure 17.04.050.2). TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 9 Figure 17.04.050.2 - Berm "Body Art" means art made on, with, or consisting of, the human body. The most common forms of body art are tattoos and body piercing. "Body Art Establishment" means a single business location, which is engaged in the creation of body art, such as tattoo parlors. Body Art Establishments shall not include beauty salons, and /or similar establishments, that provide permanent cosmetics to the human face as a means of producing designs that resemble makeup to the skin of the face, including, but not limited to, the permanent coloring of the eyebrows, lip line, eye line, and /or eyelashes. Such beauty salons, and /or similar establishments shall operate pursuant to a valid cosmetology license and in accordance with any and all state, county, and city regulations. "Body Branding" means impressing or burning a mark or figure on the skin of a person with a hot object or flame. "Body Scarring" means any method by which a scar is applied to or left upon a body. "Breezeway" means a structure with a roof and open sides that connects two buildings. "Building" means a permanently located structure having a roof supported by columns or walls for the shelter, housing or enclosure of persons, animals, personal property of any kind. "Building Height" means the vertical distance from the average finished ground level of the site to the highest point of the roof. In cases of ambiguity and for unique architectural elements, the determination of building height will be determined by the Community Development Director. "Building Site" means the ground area of a building or group of buildings together with all open spaces as required by this Zoning Code "Business and Business Activity" means any sole proprietorship, partnership, joint venture, corporation, or other business entity formed for profit- making purposes. "California Licensed Medical Professional" means a physician, surgeon, chiropractor, acupuncturist, osteopath, nurse, psychiatrist, or physical therapist who is duly licensed to TITLE 17 -ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 10 practice his or her respective profession in the State of California and who performs activities encompassed by such professional license. "Carport" means a permanent roofed structure with not more than two enclosed sides used or intended to be used for automobile shelter and storage, Carports cannot be used to satisfy the off - street parking requirements of this Title. "Catering Service" means a business which primary function is to prepare food for distribution off the premises. It shall not include a business which primary function is the sale of individual meals or portions thereof on the premises. "Church" see "Places of Religious Assembly ". "Club" means any building or premises used by an association of persons, whether incorporated or unincorporated, for some common nonprofit purpose, but not including groups organized primarily to render a service carried on as a business. "Commercial Recreation and Entertainment" means establishments providing participant or spectator recreation or entertainment, either indoors or outdoors, for a fee or admission charge. Illustrative examples of these uses include: • arcades or electronic games (see "Arcade ") • batting cages • country clubs • family fun centers • golf courses • internet /cyber cafes (see "Internet/Cyber Cafe ") "Community Development Director" means the Director of the City of Rosemead Community Development Department or his or her designee. "Conditional Use Permit" means a discretionary permit required for certain uses specified in this Code to provide for the thorough review of such proposed uses and their associated structures and other improvements. with the intent of ensuring that if approved, such use can be operated in a manner compatible with surrounding uses. See Article 5, Chapter 17.132 (Conditional Use Permits). "Convalescent Facility" see "Residential Care Facility ". "Convenience Store" means easy access retail stores selling a combination of alcohol, gasoline, or a range of merchandise to provide a variety of items primarily for the motoring public. "Corner Cutoff Area" means a portion of a corner lot or parcel of land which is maintained in a manner to provide adequate and safe visibility for vehicular and pedestrian traffic wherever streets and alleys converge. "Cottage food operation" means an enterprise within the registered or permitted area of a dwelling unit where the cottage food operator, as defined by California Health and Safety Code 113758, resides and where cottage food products pursuant to California Health and Safety TITLE 17 -ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 11 Code 113758 are prepared or packaged for direct, indirect, or direct and indirect sale to consumers. "Cultural Institution" means any facility such as a museum or library that displays or preserves objects of community or cultural interest relating to one or more of the arts or sciences. This use includes libraries, museums, and art galleries. "Day Care, General" are establishments that provide nonmedical care for 15 or more persons on a less than a 24 -hour basis, including nursery schools, preschools, and day care centers for children or adults. Such use must comply with all applicable State regulations, and specifically those set forth in the California Health and Safety Code commencing with Section 1596.70, to be considered a General Day Care facility. General Day Care establishments may be accessory to an industrial, commercial or institutional use, as may be allowed by Article 2 of this Zoning Code. "Day Care, Limited" means nonresidential, nonmedical care and supervision of 14 or fewer persons on a less than 24 -hour basis. Child Day Care "Child Care Home, Small Family (8 or fewer children)" means day care facilities located in single - family dwellings where an occupant of the dwelling provides care and supervision for eight or fewer children. Children under the age of 10 years who reside in the dwelling count as children served by the day care facility. Such use must comply with all applicable State regulations, and specifically those set forth in the California Health and Safety Code commencing with Section 1596.70, to be considered a small family child care home. "Child Care Home, Large Family (9 to 14 children)" means day care facilities located in single - family dwellings where an occupant of the dwelling provides care and supervision for nine to 14 children. Children under the age of 10 years who reside in the dwelling count as children served by the day care facility. Such use must comply with all applicable State regulations, and specifically those set forth in the California Health and Safety Code commencing with Section 1596.70, to be considered a large family child care home. See "Day Care, General" for facilities serving 15 or more children. "Adult Day Care" see "Day Care, General" "Developed Living Area" means the sum of the areas of all floors of a building approved for residential use as measured from the interior faces of exterior walls. "Disability" means a physical or mental impairment that limits or substantially limits one or more major life activities. A person with a disability is anyone who is regarded as having such impairment or anyone who has a record of such impairment. "Discretionary Permit" means a permit that is subject to the evaluation, judgment, and approval or denial by the Rosemead Planning Commission and /or the Rosemead City Council. "Donation Box" means a bin, storage shed, or similar facility measuring no more than eight feet wide by eight feet long and eight feet high, and established as an accessory use to a primary use for the purpose of providing a collection location for donated clothes, shoes, and small household items. Such facilities generally are established by a charitable or non - profit TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 12 organization. "Drive- Through or Drive -Up Facilities" means an establishment that sells products or provides services to occupants in vehicles, including drive -in or drive -up windows and drive - through services. Examples include fast food restaurants, banks, and pharmacies. "Driveway" means a paved access from a street or alley to a garage or other parking area, a driveway may include the space required to turn or maneuver a motor vehicle into and out of such parking area. - "Dwelling" means a structure or portion thereof designed exclusively for permanent residential purposes, but not including hotels, motels, emergency shelters, or extended stay locations. "Dwelling Unit" means any structure or portion thereof designed for living and sleeping purposes that contains independent cooking and sanitation facilities. "Multi- Family Dwelling Unit" means a structure or portion thereof containing three or more dwelling units designed for the independent occupancy of three or more households. "Primary Dwelling Unit" means an existing single -unit residential structure on a single lot with provisions for living, sleeping, eating, a single kitchen for cooking, and sanitation facilities, and occupied by one household. "Single- Family Dwelling Unit" means a detached structure containing no more than one dwelling unit which, regardless of form of ownership, is designed and /or used to house not more than one household, including all domestic employees for such household. TITLE 17 -ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 13 "Second Dwelling Unit" means an attached or detached dwelling unit which provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as an existing qualified primary dwelling unit is situated. "Two- Family Dwelling (Duplex) Unit" means a building containing two complete dwelling units designed for the independent occupancy of two households. See also "Manufactured Housing" and "Mobile Housing Unit ". "Easement" means a recorded right or interest in the land of another, which entitles the holder thereof to some use, privilege or benefit out of or over the real property without possessing it. An access easement is a right granted by a landowner to certain other property owners, or the general public, to travel across the landowner's property for access. "Eating and Drinking Establishments" "Accessory Food Service" means an establishment that sells food and /or beverages as an accessory use in a retail, office, or institutional structure and that does not change the character of the primary use. "Bar, Lounges, Nightclubs, Taverns (includes independent or accessory establishments)" means any establishment that sells or serves alcoholic beverages for consumption on the premises and is holding or applying for a public premise license from ABC and in which persons under 21 years of age are restricted from the premises. References to the establishment shall include any immediately adjacent area that is owned, leased, rented, or controlled by the licensee. "Fast Food" means a restaurant which supplies food and beverages primarily in disposable containers and which is characterized by high automobile accessibility, self - service, and short stays by customers. "Outdoor Dining" means a dining area with seats and /or tables located outdoors of a sit - down restaurant, fast food, or other food service establishment. Outdoor dining is located entirely outside the walls of the contiguous structure or enclosed on one or two sides by the walls of the structure with or without a solid roof cover. "Restaurant, Sit - down" means an establishment engaged in the business of selling food and beverages, including alcoholic beverages, prepared on site for primarily on -site consumption. Food and beverages are served to the customer at a fixed location (i.e., booth, counter, or table). Food and beverages are ordered from a menu. Customers typically pay for food and beverages after service and /or consumption. The sale or service of sandwiches, whether prepared in the kitchen or made elsewhere and heated on the premises, or snack foods, shall not constitute a sit -down restaurant. "Take -Out Service" means an establishment that offers a limited variety of food or beverages. Transactions are sales for off -site consumption. Customers are served either at a counter or service window. Incidental seating (less than 250 square feet of seating area) may be provided for limited on -site consumption of food or beverages. Typical uses include bakeries, coffee stores, ice cream and frozen dessert stores, delivery -only pizza TITLE 17 -ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 14 establishments, small delicatessens, and similar establishments. "Eave" means the part of a roof that overhangs an exterior wall "Educational Institute" means any public. private, or parochial elementary, junior high, high school, university, or other school giving general academic instruction in the several branches of academic learning, which has five (5) or more students. Educational Institutes do not include trade schools, which are defined separately herein. "Electronic Game Center" see "Arcade ". "Emergency Health Facility" means establishments that provide emergency medical service (i.e., outside normal physician office hours or before a physician appointment is available) with no provision for overnight or continuing care on an inpatient basis. Also includes "urgent care" facilities and walk -in clinics. Does not include hospitals (see "Hospital "). "Emergency Shelter" "Emergency Shelter" shall mean any establishment operated by an Emergency Shelter Provider that provides homeless people with immediate, short-term housing for no more than six (6) months in a twelve (12) month period, where no person is denied occupancy because of inability to pay. Emergency Shelters may also provide shelter residents with additional supportive services such as food, counseling, laundry, and access to other social programs. Emergency Shelters may have individual rooms and common areas for residents of the facility, but may not be developed with individual dwelling units, with the exception of a manager's unit "Emergency Shelter Provider" shall mean a government agency or non - profit organization that provides emergency or temporary shelter, and which may also provide meals, counseling, and access to other social programs. This definition does not include such emergency shelters as may be provided for relief following a natural disaster or during a state of emergency or those provided at a place of religious assembly for less than five (5) days in any thirty (30) day period. "Temporary Aid Center" shall mean any establishment that provides homeless and low- income people with short-term services, where no person is denied assistance because of inability to pay. Temporary aid centers provide supportive services such as food, clothing, counseling, laundry, and access to other social programs, but do not provide overnight shelter. This use does not include establishments that function as medical or professional offices and provide social services. "Equipment Rental Yard" means service establishments primarily engaged in the outdoor storage and rental of construction equipment, materials or supplies, machinery or industrial supplies. "Establishment" see "Business and Business Activity ". "Fagade" means one side of the exterior of a building, generally the front, but also may include the sides and rear. In architecture, the facade of a building is often the most TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 15 important from a design standpoint, as it sets the tone for the rest of the building. "Family" means any group of individuals living together as the functional equivalent of a family where the residents may share living expenses, chores, eat meals together and are a close group with social, economic, and psychological commitments to each other. A family includes, for example, the residents of residential care facilities and group homes for people with disabilities. A family does not include larger institutional group living situations such as dormitories, fraternities, sororities, monasteries, or nunneries. "Farmers' Market" means an outdoor market certified for direct retail sales by farms to the public by the State or County Agricultural Commission under California Code of Regulations Title 3, Chapter 3. Article 6.5. Farmers' Markets can also include limited sales of crafts and goods. "Financial Service or Institution" means a company specializing in consumer loans and lines of credit and other financial services such as a bank, savings and loan, credit union, mortgage office, or automated teller machine (ATM). This does not include check cashing, payday loan, or any similar establishment. "Fence" means a freestanding structure designed to restrict or prevent movement across a boundary or to mark the boundary of an area. "Floor" means a unit of building height to be used as an alternative term to story. "Floor Area" means the total floor space in terms of square footage occupied by an owner, lessee, or renter in a building except: 1. Elevator shafts; 2. Stairwells, 3. Courts or atriums uncovered and open to the sky, 4. Rooms exclusively housing building operating equipment, and 5. Parking areas. "Floor -area ratio (FAR)" means the total square- footage of building floor area on a lot divided by the gross area of the lot, less and required dedications for street or utility rights - of -way. Such calculation shall include only those structures intended for permanent habitation. For all subdivisions and unimproved vacant lots flag let develGlarne FAR calculations shall use the net area of the proposed lot or lots. "Fortunetelling" means a business that professes to foretell future events. No such business shall be conducted in a structure utilized for residential purposes. No such business qualifies as a home occupation. "Frontage" is the face of a building or length of a lot that is parallel to, or is at a near parallel angle to a public street or public parking area. "Funeral Homes and Mortuaries" means establishments engaged in the provision of services involving the care, preparation, or disposition of human remains other than in cemeteries. May or may not include crematories and /or mortuaries. No internment is provided on site. May include areas for assembly services and living quarters for funeral TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 16 home /mortuary manager. "Garage" means a building eF part M on of a bu Iding n whiGh Mater veh Gies used by the 9GGUpaRtS OF tenants of the main bu Id Fig 0F buildings on the premises aFe stared oF kept. an accessory structure or portion of the main building permanently roofed and enclosed on all sides, which is designed or used for the shelter of motor vehicles. "General Plan" means the General Plan for the development of the City adopted by the City Council. "Glare" means the shining of bright or intense light on a property. "Government Facilities" means a building or structure owned, operated, or occupied by a governmental agency to provide a governmental service to the public. "Grade, Existing" means the surface of the ground or pavement at a stated location as it exists before disturbance in preparation for a project regulated by this Zoning Code. "Grade, Finished" means the elevation of the surface of the ground adjoining the building at the completion of a project regulated by this Zoning Code. "Grade (ground level)" is the average of the finished ground level at the center of all walls of a building, except in cases where walls are parallel to and within five feet of a sidewalk, ground level shall be measured at the sidewalk. "Group Home" means any residential care facility licensed by the State of California for occupation by six or fewer persons. See definition under Title 22 (Social Security) in the California Code of Regulations (Section 80001[g]). "Hardscape" means areas such as patios. decks, driveways, paths. and sidewalks that do not require irrigation "Health /Fitness Facilities" "Health /Fitness Facilities (Small)" means an indoor facility of 2,000 square feet or less in size where passive or active exercises and related activities are performed using minimal muscle - building equipment or apparatus for the purpose of physical fitness, improved circulation or flexibility, and /or weight control. Examples of uses include Pilates, personal training. yoga, and martial arts studios. "Health /Fitness Facilities (Large)" means a full- service fitness center, gymnasium, or health and athletic club which is over 2,000 square feet in size and may include any of the following: sauna, spa or hot tub facilities, weight rooms; indoor tennis, handball, or racquetball courts; aerobic classes and other indoor sports activities; locker rooms and showers. "Hedge" means a line of closely spaced shrubs and tree species, planted and trained in such a way as to form a barrier or to mark the boundary of an area. "Heliport" means an area used for the landing, parking, or takeoff of helicopters including operations facilities (i.e. fueling, loading and unloading, maintenance, storage. terminal TITLE 17 -ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 17 facilities, etc.). "Helistop" means a single pad used for the landing, parking, or takeoff of one helicopter and other facilities as may be required by Federal and State regulations. but not including operations facilities (i.e. fueling, loading and unloading, maintenance, storage, terminal facilities, etc.). "Homeowners Association" means an organization of homeowners whose major purpose is to maintain and provide community facilities and services for the common benefit of the residents. "Home Occupation" means a business, occupation, or activity conducted as an accessory use within a dwelling unit incidental to the residential use of the property and in which there is no display, no stock or trade commodity sold on the premises, and which the appearance gives no indication of any use other than residential. "Horticulture" means the study and practice of cultivating plants, such as growing fruit, flowers, ornamental plants, and vegetables in small gardens. Horticulture usually refers to gardening on a smaller scale, while agriculture refers to the large -scale cultivation of crops. "Horticulture, Commercial" means the cultivation of agricultural products for retail or wholesale sales. Includes plant nurseries. "Horticulture, Private" means the cultivation (but not sale) of agricultural products for use or consumption only by the property owner or tenant. "Hospital ,San+tar am" , "Hospital" means a facility providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons, primarily on an inpatient basis. This use includes incidental facilities for outpatient treatment, as well as training, research, and administrative services for patients and employees. This excludes sanitariums and residential care facilities. "Hotel" means a building or a portion of a building containing guest rooms intended or designed to be used or which are used, rented, or hired out to be occupied or which are occupied for temporary or overnight accommodations, but not used as the legal residence or principal dwelling place of the occupant(s). Entrance to all guest rooms must be from completely enclosed interior halls. "Industry" means establishments engaged in the manufacturing of finished parts or products, either from raw materials or previously prepared materials, within an enclosed structure. This includes processing, fabrication, assembly, treatment, testing (i.e., laboratories), packaging, incidental office storage, sales, and distribution of the parts or products; and laundry and dry cleaning plants. "Industry, Light" means the manufacture and /or processing of consumer - oriented goods in a manner that does not produce noticeable odors, air emissions, or other environmental effects, and that has limited associated trucking activity. Light industries generally require TITLE 17 -ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 18 limited amounts of raw materials to produce goods. Examples of light industries include, but are not limited to, the manufacture of clothes, shoes, furniture, consumer electronics, and household items. "Industry, Heavy" means the manufacture and /or processing of materials and goods utilizing large quantities of raw materials, and generally requiring high capitalization and production of large quantities of output. Heavy industry often sells output to other business users rather than consumers. Characteristics of heavy industry include, but are not limited to, heavy trucking activity, noise, emissions requiring federal or state environmental permits, use of large quantities of hazardous materials as defined the U.S. Environmental Protection Agency, and requirement for specialized permits from federal and state occupational health and safety agencies. "Internet Cafe and Game Arcade" means an establishment that provides more than three computers and /or other electronic devices to the public for compensation and /or for public access to that system commonly referred to as the "internet" for the purpose of e-mail, playing video games over the Internet or other network system, and /or access to other computer software programs. Internet cafe is also synonymous with PC cafe, cyber cafe. internet gaming center, computer /internet rental and cyber centers. See "Commercial Recreation and Entertainment ". "Karaoke entertainment" means an accessory entertainment use consisting of a musical rendition in which participant(s) sing words accompanied by popular recordings from which the vocals have been removed and the results of which are professionally mixed and amplified for play -back entertainment of other patrons. "Karaoke TV (KTV) studio" means an establishment offering participatory Karaoke entertainment as a primary use, where patrons perform semi - privately in booths or rooms reserved for such purpose. "Kennel" see "Animal Sales and Services, Animal Boarding /Kennels ". "Kitchen" means any room all or part of which is designed and /or used for the cooking and other preparation of food. "Landscaping" means any combination of native or exotic plants, lawn, groundcover, trees, shrubs, and other plant materials, plus decorative outdoor and complementary elements such as pools, fountains, water features, paved or decorative walkways or surfaces of rock, stone. brick, block, or similar material (excluding driveways, parking, loading, or storage areas), and sculptural elements. Plants on rooftops or porches or in boxes attached to structures typically are not considered landscaping. "Large collection facility" means a center for the acceptance by donation, redemption or purchase of recyclable materials from the public. Such a facility does not use power- driven processing equipment and is two hundred (200) square feet or greater in floor space and is located on the same parcel as the principal use. "Laundry and Dry Cleaning Services" "Laundry /Dry Cleaning Services — Off - Site" means establishments that serve as pick -up and drop -off locations for dry cleaning only, with no cleaning equipment located onsite. TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 19 This use does not include a self- service laundry establishment, which is classified separately. "Laundry/Dry Cleaning Services — On- Site" means establishments that provide laundering and dry cleaning services on -site. The establishment may include related services such as tailoring. "Laundry/Self- Service" means any establishment for laundering where there is no pickup or delivery service and no steam or hand laundry of any type, and where there is no intermingling of customers' laundry. "Live Entertainment" means music, comedy, readings, dancing, acting, or other entertainment performed on a site. This includes dancing by patrons to live or recorded music. Live Entertainment may only occur on a site upon approval of a City of Rosemead Business License. "Lot" means a parcel of real property shown as a delineated parcel with a number or other separate designation on a plat recorded in the office of the County Recorder, or a parcel the dimensions or boundaries of which are defined by a record of survey recorded pursuant to the provisions of the Subdivision Map Act of the state, in the office of such recorder, or a parcel the dimensions and boundary of which are shown on a plot plan or map filed, finally approved and in effect pursuant to Title 16 of this code, or a parcel containing not less than the minimum square footage required in the zone in or a parcel held under separate ownership and lawfully separated in ownership prior to the effective date of this chapter and all applicable predecessor ordinances, and abutting upon a street or private easement. "Lot, Corner" means a lot situated at the intersection of two or more streets. (See Figure 17.04.050.3) Lot, Flag" means a lot whose shape or property line configuration is created in a manner which utilizes an extension of property for the exclusive purpose of obtaining vehicular and pedestrian access to a public street. New flag lot subdivisions are prohibited in the City of Rosemead "Lot, Interior" means a lot other than a corner lot. (See Figure 17.04.050.3) not sepaFated by an alley. "Lot, Reversed Corner" means a corner lot the side street line of which is substantially a continuation of the front lot line on the first lot to its rear. (See Figure 17.04.050.3) "Lot, Through" means a lot having frontage on two parallel or approximately parallel streets. (See Figure 17.04.050.3) Lot Area" means the total area within the boundary lines of a lot or parcel; provided, however, that the following shall be excluded from the computation thereof: 1. Any portion of the lot or parcel which serves as an access easement to any other lot or building site; or 2. Any portion of the lot or parcel which serves as an improved surface flood control TITLE 17 -ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 20 project under the jurisdiction of any public agency. For the purpose of determining area in the case of an irregular, triangular, or gore- shaped lot, a line ten feet in length within the lot and furthest removed from the front lot line and at right angles to the line representing the lot depth of such lot shall be used as the rear lot line. "Lot Coverage" means the area of the site covered by buildings or roofed areas, excluding allowed projecting eaves, balconies, porte- cocheres, and similar architectural features. Lot coverage does not include pools, hot tubs, or similar features. "Lot Depth" means the length of a straight line drawn from the midpoint of the front lot line and at right angles to such line connecting with the line intersecting the midpoint of the rear lot line; provided, however, that for the purpose of measurement, methods of measurement shall be applicable as per the following described circumstances: 1. In the case of lot having a curved front line, the front lot line, for the purposes of this section, shall be deemed to be a line tangent to the curve and parallel to a straight line connecting the points of intersection of the side lot lines of the lot with the front lot line. 2. In the case of a flag lot, for the purposes of this section. the front lot line shall be that property line which extends across the width of the lot, which is exclusive of and is not to be confused with, those property lines contained within the flag lot vehicle access leg to the public street. (See Figure 17.04.050.3) "Lot Line, Front" means: 1. For an interior lot, the line separating the lot from a street or highway, 2. For a corner lot, the line separating the narrower street frontage from a street or highway, unless otherwise specified by deed restriction, 3. In the case of lots set back from the street, with long narrow portions for access (flag lot), the line, or series of lines, delimiting the front of the buildable portion of the lot shall be established as the front lot line; 4. For a through lot, the lot line abutting the street providing the primary access to the lot. (See Figure 17.04.050.3) "Lot Line, Interior" means any lot line not abutting a street. "Lot Line, Rear" means a lot line, not intersecting a front lot line, which is most closely parallel to the front lot line. In the case of an irregularly shaped lot or a lot bounded by only three lot lines, rear lot line shall mean an imaginary line within the lot having a length of 10 feet, parallel to and most distant from the front lot line, which shall be interpreted as the rear lot line for the purpose of determining required yards, setbacks, and other provisions of this Land Use Code. (See Figure 17.04.050.3) "Lot Line, Side" means any lot boundary line that is not a front lot line or a rear lot line. On a corner lot, the street right -of -way line with the greatest amount of street frontage shall be the side lot line, unless otherwise specified by deed restriction. (See Figure 17.04.050.3) "Lot Width" means the minimum horizontal distance between the side lot lines measured at the front setback line. (See Figure 17.04.050.3) TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 21 "Lot Width, Average" shall be the average of the front and rear lot lines. In computing lot width or average width, the following shall be excluded: 1. Any portion of the width that serves as an access easement to any other lot or building site, 2. Any portion of the width that serves as an improved surface flood control project under the jurisdiction of any public agency. Figure 17.04.050.3 Lot Types <- -" - - -- WTI I M � 1 WR T T W l0 lPe 1 WT lLa�r,c rWE 1 s WMR I=' wmN''� F I W W W WT -MM IIMMOR IMw OR __II LOT IOT WT 'xovT 4_ -N-- -- -- -- I \ 10T IM1w011 `- � LOT /!. RRIR� IM1�0011 Rp RM WMwI LOT I lOr nT - -_ ... _ �-1- IMIR�OR i LOT LOT I I nit "Manufactured Housing Unit" means a dwelling unit which is either wholly or mainly manufactured at an off -site location and is assembled on site on a permanent foundation with permanent service connections. The definition does not include a mobile home, mobile accessory structure, or an automobile trailer or recreational vehicle. "Massage" or "Massage Therapy" means any method of treating the external parts of the body for remedial, hygienic, relaxation or any other similar purpose, whether by means of pressure on, friction against or stroking, kneading, tapping, pounding, vibrating, rubbing or other manner of touching external parts of the body with the hands, or with the aid of any mechanical or electrical apparatus or appliance with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, ointment or other similar preparations commonly used in this practice and shall include herbal body wraps. For the purposes of this chapter, "massage" or "massage therapy" includes the techniques of acupressure and reflexology. "Massage Business or Establishment" means any business or establishment, including a sole proprietor or independent contractor, conducted within the City where any person engages in, conducts, carries on or permits to be engaged in, conducted or carried on, for money or any other consideration, the administration to another person of a massage, and also includes all businesses or establishments where massage therapy is provided as an ancillary service such as clubs, gyms, day spas and professional offices where such massage therapy is not otherwise exempt under this chapter. "Medical Clinic" means any building or portion thereof used to provide medical, surgical or TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 22 psychiatric care to persons and which as a principal function provides such care on an outpatient basis. "Mezzanine" means an intermediate floor between the main floors of a building, and therefore may not be counted among the overall floors of a building. Often a mezzanine has a low- ceiling and projects outward in the form of a loft or balcony. "Medical Use" means any use involving the care of persons' general health by licensed practitioners. This includes hospitals, urgent care clinics, out - patient facilities, doctor and dental offices, chiropractic and podiatric facilities, and similar practices of the medical field and directly related laboratory services. "MW Finall prejeat" FneaRs any developmeRt w th a ; te area of less than faFty five thousand (45,000) squaFe feet whiGh is te be impFeved wth multiple uses or rptail sales-1 developed iRte a GOMmeFG a! GOMplex with SUFfaGe par!( Fig situated an the same pFepeFty. Commercial pFejeGts devoted te effiGe use eXGIus vely shall be exempt from this def R t AR "Ministerial" means a government decision involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the action, including the issuance of a permit. "Mixed Use Development (Mixed Use Project)" is an approach to land use development that involves integrating two or more different but highly compatible types of uses on the same property as part of a unified development. Generally, a Mixed Use Development consists of commercial and residential uses integrated either vertically in the same structure or group of structures, or horizontally on the same development site where parking, open spaces, and other development features are shared. However, light industrial and commercial development may also be considered as Mixed Use. In a Mixed Use Development, both uses are considered primary uses of the land. "Mobile Housing Unit (Mobile Home)" ,,,e_.._ _ tiranspeFtable '._Gt F^ that :s ~_:" on Ut Mies nG!ud Fig plumb Fig, heat Fig, a1F Gondit E)RiRg, and e!eGtFiGa' systems (puFsu GaI+forR a Health and Safety Code SeGt ORS 18007 and 18008) and plaGed OR a pad inte means a trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974. that is over eight feet in width and forty (40) feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory-built housing. A mobile home on a permanent foundation is included under the definition of "Single -unit dwelling." "Mobile Home Park" means a type of residential development, established either as a legal subdivision of land with individual mobile home pads and common areas or as a development where pads are leased or rented, for the purpose of accommodating mobile home units on individual pads as part of a coordinated development. A mobile home park may include common areas and facilities for the use of all park residents. "Mobile Reisycling Unit" means an autemebile, tFUGk, tFaileF er van, IiGeRsed by the TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 23 .1 FnGb le FeGyGlinq GeRteic" also means the bins, boxes or GantaiReFs transported by the "Modular Home" see "Manufactured Housing Unit ". "Motel" means one or more buildings containing guest rooms without kitchen facilities, some or all of which have a separate entrance leading directly from the outside of the building designed and used as rental for temporary or overnight accommodations for guests and are offered primarily to automobile tourists or transients, with garages or parking spaces conveniently located to each room or unit. "Motor Home" see "Recreational Vehicle" "Multi- family Dwelling" see "Dwelling, Multi- family ". "Museum" see "Cultural Institution" "Nonconforming Building or Structure" means a building or structure or portion thereof which was lawful when constructed but does not conform to Zoning Ordinance requirements subsequently established. "Nonconforming Use" means the use of land /or building or structure, which was lawful when established including compliance with property development requirements but which does not conform to Zoning Code use and property development requirements subsequently established. "Nursery" see "Horticulture ". "Nursery School" see "Child Day Care Facility ". "06cupanGy, Change of' means a discentiRuanGe of an exstng use and the � __ _JII :__I..J J J..:.. -....J L...il• ..1 \......J �rri.. ri.-. rl .nnlnrl n� In.�cefl "Office" "Accessory" see "Accessory Use" "Administrative Business Professional, Corporate" means an establishment providing direct, 'over- the - counter" services to consumers (such as, insurance agencies, real estate offices, travel agencies, utility company offices, etc.) and office -type facilities occupied by businesses providing professional services and /or engaged in the production of intellectual property. "Government" means an administrative, clerical, or public contact office of a government agency, including postal facilities, together with the incidental storage and maintenance of vehicles. TITLE 17 -ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 24 "Medical and Dental" means an office or health facility providing health services including, without limitation; preventative and rehabilitation treatment, diagnostic services, testing and analysis. This use includes offices providing medical, dental, surgical, rehabilitation, podiatric, optometric, chiropractic and psychiatric services, and medical or dental laboratories incidental to these offices, but exclude inpatient services and overnight accommodation. "Open Space" "Open Space, Common" means the total land area within a residential development that is not individually owned nor dedicated for public use, and that is designed, intended, and reserved exclusively for the shared use of all the residents of the development and their guests. Examples include barbecue and picnicking areas. play areas, swimming pools, tennis courts. turf areas, and other recreational or leisure features and facilities. Common Open Space does not typically include enclosed spaces /facilities such as a community center, meeting rooms. etc. "Open Space, Private" means a usable open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests. "Open Space, Usable or Improved" means outdoor space that serves a recreational function or provides visual relief from the building mass. "Open Space, Unimproved" means any open space that has not been landscaped or otherwise provided with amenities, and is generally kept in a natural state. "Outdoor Charitable Donation Boxes" see "Donation Boxes" "Outdoor Dining" see "Eating Establishments" "Outdoor Storage" means the storage of any materials outside of a structure, either as an accessory or primary use. "Outdoor Use and Display" means any condition other than storage whereby activities are conducted and /or merchandise is placed and advertised for sale outside of a structure.. either as an accessory or primary use "Outpatient Surgery Facility" means a medical facility where surgery is performed that does not require an overnight hospital stay. Patients may go home after being released following surgery and time spent in the recovery room. (Also referred to as ambulatory surgery facility) "Overhang" means a protruding structure which may provide protection for lower levels. "Pad, building" means the land area needed to support the building, landscaping and utilities of a structure. "Parapet" means a wall -like barrier at the edge of a roof, terrace, balcony, or other structure. Where extending above a roof, it may simply be the portion of an exterior wall that continues above the line of the roof surface, or it may be a continuation of a vertical feature beneath the roof such as a fire wall or party wall TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 25 "Parking, Joint Use" means the use of a single parking facility by several related uses occupying the same or adjacent parcels. For example, the use of a single parking facility by tenants of a shopping center. "Parking, Shared" means the use of a single parking facility by two distinctly different uses with distinctly different hours of operation such that the shared use of the facility can be accomplished without limiting the ability of one use to occupy the facility to the detriment of the other. For example; distinctly different uses could be a place of religious assembly which generally has weekend parking demands and an office development, which typically uses the parking facility during the week "Parking Space" means an unobstructed space or area other than a street or alley that is permanently reserved, maintained, and accessible for the parking of one motor vehicle. "Garage Parking Space" means a parking space provided within an enclosed structure, with a closing and locking door, whose primary use is the storage of vehicles. "Off- Street Parking Space" means a permanent parking space for a vehicle which is designed to City standards and not located on a dedicated street right -of -way. "On- Street Parking Space" means parking space for a vehicle which is designed to City standards and located on a dedicated street right -of -way. "Parking Structure" means a structure that is designed specifically for automobile parking and where there are a number of floors or levels on which automobiles park. "Parks and Recreation Facilities" means public parks, play lots, playgrounds, and athletic fields for noncommercial neighborhood or community use including sports courts. These may include passive outdoor recreation areas that also may be located in conservation areas and/or qualify as "open space." These do not include facilities that are privately owned or commercial facilities ( "Commercial Recreation and Entertainment'). "Parkway" is the portion of the public right -of -way between the curb and the sidewalk or, where no sidewalk is provided between the curb and adjacent private property line. A parkway generally includes landscape improvements. "Patio" means a paved unenclosed outdoor area that is used for lounging, dining, etc. "Patio Cover" is a solid or open roof structure that covers a patio, platform, or deck area, and that is either detached from or attached to another structure. "Personal Services Business" is any business or enterprise that provides individual care to persons involving their personal health, fitness, grooming, or appearance. "Personal Services, General" Establishments that provide recurring needed services of a personal nature. Examples of these uses include: • acupuncture and acupressure • barber and beauty shops (without massage services) • clothing rental shops TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 26 • day spas • dry cleaning pick up stores with limited on -site cleaning equipment • laundromats (self- service laundries) • locksmiths • nail salon • shoe repair shops • tailors and seamstresses "Personal Services, Restricted" Personal services with characteristics that have the potential to adversely impact surrounding areas and which may need to be dispersed to minimize their adverse impacts. Examples of these uses include: • check cashing • fortune - telling and psychic services • game arcades • internet cafes • massage establishments with licensed massage technicians • palm and card readers • tanning salons • tattoo and body piercing services "Personal Storage (Mini- Storage or Self- Storage, Indoor Only)" means a structure containing separate storage space that is designed to be leased or rented individually. Indoor storage shall mean that access to all storage spaces shall be from common interior corridors, and the facility has only shared loading areas. This use does not include outdoor storage of any kind. Further, such storage does not involve any manufacturing, retail or wholesale selling, office or business services, or human habitation in any storage space or anywhere on site. "Pharmacy, Medical Supplies" means an establishment that dispenses prescription drugs and sells medical equipment and supplies for home health care (e.g., scales, walking aids, bathroom safety aids; skin and personal care products; braces, supports, and splints, bandages and tape; etc.). "Places of Assembly" see "Assembly /Meeting Facilities, Public or Private ". "Places of Religious Assembly" means any facility specifically designed and used to accommodate the gathering of persons for the purposes of fellowship, worship, or similar conduct of religious practices and activities. Places of Religious Assembly includes limited associated accessory uses (i.e., religious school activities that are not full -time, residence for clergy, and office space, and excluding schools with regular daily sessions.) Also includes functionally related internal facilities (i.e., kitchens, multi - purpose rooms, storage, etc.), and functionally associated accessory uses (e.g. temporary aid shelters to provide humanitarian assistance). "Planning Commission or Commission" means the Planning Commission of the City of Rosemead. "Pool and Billiard Hall" means an establishment providing access to pool tables and billiard games. " Porte-Coc here" means a canopy attached to a residence, which is open on all sides. except TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 27 where attached to a residence and which extends over a driveway used for the loading and unloading of vehicles, but which cannot be used to satisfy the off - street parking requirements of this Title. "Principal Use" see "Use ". "Postal Services" means establishments that provide commercial retail postal services directly to the customer, including letter and parcel mailing. post office box rental, and related services. "Printing and Duplicating Services" means an establishment providing printing, blueprinting, photocopying, engraving, binding, and related services. "Public Assembly, Place(s) of see "Assembly /Meeting Facilities, Public or Private ". "Public Facility" means a site or structure owned and operated by the City of Rosemead, or other public agency, for the purpose of providing one or more services to residents of the City, and /or to support other City functions. "Queuing Space" means a temporary waiting area for motor vehicles or persons obtaining a service or other activity. "RadiorTV Broadcast Studios /Recording Studios, Film TV Studios" Commercial and public communications facilities including radio and television broadcasting and receiving stations and studios, with facilities contained entirely within structures. Does not include transmission and receiving apparatuses including antennas and towers. "Reasonable Accommodation Request" means a request that may include a modification or exception to the rules, standards, and practices for the site, development, and use of housing - related facilities that would eliminate regulatory barriers and would provide a person with a disability an equal opportunity to housing of their choice. "Recharging Station" means a place that supplies electricity for the recharging of electric vehicles (including plug -in hybrids). "Recreational Vehicle (RV)" means motorhome, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, with a living area less than four hundred (400) square feet, excluding built -in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, bath and toilet rooms. TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 28 leGated on the PFem ses of a Fes d t a' , reFIFIMerPmal MRR1_1f;;Gt1JFing o as i means a land use type that includes a variety of facilities involved with the collection of recyclable materials. A "certified" recycling or processing facility is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986 (Public Resources Code, Division 12.1). Recyclable material includes reusable domestic containers and other material that can be reconstituted, remanufactured, or reused in an altered form including glass, metals, paper. and plastic. Recyclable material does not include refuse or hazardous materials. This land use does not include storage containers located on a residentially, commercially, or industrially designated site that is used solely for the recycling of material generated on the site. "Collection Facility (Small)" means a facility that occupies an area of 350 square feet or less where the public may donate. redeem, or sell recyclable materials and may include: 1. A mobile unit, 2. Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet. A bulk reverse vending machine is a reverse vending machine that is larger than 50 square feet, is designed to accept more than one container at a time, and issues a cash refund or redeemable credit slip based on total weight instead of by container count. 3. Kiosk -type units that may include permanent structures. "Collection Facility (Large)" means a facility that occupies an area of more than 350 square feet and /or includes permanent structures where the public may donate, redeem, or sell recyclable materials. "Reverse Vending Machine" means an automated mechanical device which accepts at least one or more types of empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value, as determined by State law. These vending machines may accept aluminum cans, glass and plastic bottles, and other containers. The vending machines typically occupy an area of less than 50 square feet. "Processing Facility" means a structure or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end - user's specifications, by such means as bailing, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Processing facilities are not allowed in the City of Rosemead. "Research and Development" means facilities for scientific research and design, development, and testing of biological, chemical, electrical, pharmaceutical, telecommunications. or other components in advance of product manufacturing. Typical uses include experimental laboratories, pharmaceutical laboratories, and testing laboratories. "Residence" means the same as "Dwelling." "Residential Care Facility" means a family home, group care facility, residential care facility for the elderly, foster home, alcohol and /or drug recovery facility, intermediate care facility or similar facility, for twenty -four (24) hour non - medical care of persons in need of personal TITLE 17 -ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 29 services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. In the event the provisions of state law are updated, this section shall be interpreted and applied in conformity with State law. "Residential Use" means the occupation of a structure that provides permanent housing for one or more households. "Restaurant" see "Eating and Drinking Establishments ". a!LiF:R*RUFn Gans, glass and plastic bottles, and issues a Gash refund OF a redeemable rF state. A bulk Feverse veRdiRg maGhi% is a reveFse veRd Rg FRaGhiRe that 6 !aFgeF thaR fifty (50) squaFe feeti 6 designed to aGGept MGFe than one oanta ReF at a t Fne� and will pay _bT, weight instead of by Genta Rer. "Retail Store" means an establishment which offers goods (such as books, gifts and clothing) to the general public. This does not include swap meet, pawn shop, or thrift sales. "School, Public and Private" see "Education Institute ". "School, Business or Trade" means a public or private school offering instruction in the technical, commercial, and /or trade skills such as real estate, business and secretarial, electronics, automotive and air craft, medical and dental, and similar commercial establishments. "Screened" means the use of a wall or growth or stand of trees, shrubs, or plants to shelter, protect, or hide an area from view. "Second Dwelling Unit" see "Dwelling Unit'. "Secondary Use" see "Use ". "Secondhand Store" means a retail establishment where the majority of the merchandise for sale is secondhand or used. This includes thrift stores but does not include pawn shops or antique /collectibles shops. "Sensitive Use" see "Use ". "Setback" means the distance from which a structure, parking area, or other development feature must be separated from a prescribed lot line, easement, or other structure or development feature (see Figure 17.04.050.4). "Front Yard Setback" means the minimum distance required between a structure and the front property line (see Figure 17.04.05044). "Primary Building Line" means that portion of the front yard area defined by the space between the front property line and the entire building frontage of the primary structure, whether or not all faQade portions of the primary structure coincide with the front setback line TITLE 17 -ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 30 (see Figure 17.04.050.4). "Side Yard Setback" means the minimum distance required between a structure and a side property line (see Figure 17.04.050.4). "Rear Yard Setback" means the minimum distance required between a structure and the rear property line (see Figure 17.04.050.4). Figure 17.04.050.4 Setbacks Right -of -Way Front Setback Side Setback r it Front Yard Residential Structure 1 Garage 1 f 1 Side Yard Primary Building Line Side Setback LOT DEPTH I I I r �a Rear Yard i$ I I I ' woo *roLim I "Shopping Center" means a commercial site with two or more separate businesses managed as a total entity, sharing common access, circulation, signage and pedestrian and parking areas so that a public right -of -way does not need to be used to get from one business to another in the C -1, C -3, and CBD zones. "Single- family Dwelling" see "Dwelling, Single- family ". "Single Room Occupancy (SRO)" development is a structure with six or more guest rooms in which 30% or more of the units do not have a private bath and toilet within the unit. SRO units are multi - family dwellings that are used as an occupant's primary place of residence. SROs are not considered hotels or motels as defined by the Municipal Code, nor are they considered extended -stay hotel /motel rooms. Therefore, SRO units are not subject to the Transient Occupancy Tax, and SRO operators shall not be liable for the extended -stay hotel /motel room in -lieu fee if they elect to rent out their rooms on a single -room occupancy basis. TITLE 17 - ZONING ARTICLE 1 — PURPOSE AND APPLICABILITY OF ZONING CODE 31 "Specialty Retail (C-4 Zone)" means a retail store concentrating on selling one merchandise line of goods for a particular and usually selective clientele. Examples are stores selling DVDs, bagels, leather goods, and imported dishware. Specialty retailers have a narrow but deep selection in their specialty of items for sale. "Specific Plan" means, Under Article 8 of the Government Code (Section 65450 et seq.), a legal tool for a detailed design and implementation of a defined portion of the area covered by a General Plan. A specific plan may include all detailed regulations, conditions, programs, and /or proposed legislation which may be necessary or convenient for the systematic implementation of any General Plan element(s). "Storage" "Storage — Accessory" means the indoor storage of materials accessory and incidental to the primary use is not considered a land use separate from the primary use. "Storage — Outdoor" means the storage of various materials outside of a structure other than fencing, either as an accessory or primary use. "Storage - Personal Storage Facility" see "Personal Storage ". "Story" means that portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above it then the space between such floor and the ceiling above it. „ Half" means a story w th at least two of Its eppos te s dei; 6 tuated aR a slop ng FoGf-. the fIGGF area ef which does Rot e)(Geed Me th Fds of the floor aFea millqed ately belew it. "Street" means a public thoroughfare which affords the principal means of access to abutting property. "Structurally Altered" means to have had an alteration of any structural element, floor, frame, wall, roof, or any other stress bearing portion of a building and excludes alterations to. or additions of, interior nonbearing partitions and interior remodeling which does not affect the structural system. "Structure" means anything constructed or erected, which requires a fixed location on the ground, or is attached to something having a fixed location on the ground but not including fences or walls used as fences. less than six feet in height. (See Figure 17.04.050.5 — Structure Types) "Accessory Structure" see "Accessory Structure ". "Attached Structure" means any structure that has a wall or roof in common with another structure. "Primary Structure" means a structure that is conducted as the primary or predominant use of the lot and /or building site. TITLE 17 -ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 32 Figure 17.04.050.5 Structure Types "Studio - Art, Dance, Martial Arts, Music" means small -scale instructional facilities, typically accommodating one group of students at a time, in no more than one instructional space. Examples include: individual and group instruction and training in the arts, production rehearsal, photography and the processing of photographs produced only by users of the studio facilities, martial arts training studios, and gymnastics instruction. This also includes production studios for individual filmmakers, musicians, painters, sculptors, photographers, and other artists. These uses may also include accessory retail sales of products related to the services provided. Supermarket" means a self- service grocery and associated consumer goods store divided into departments and may also offer prepared foods and food service. This may include secondary uses within the store for visitor convenience, such as banking services. retail sales of non -food items, a pharmacy, etc. "Supportive Housing" means housing with no limits on the length of stay that is occupied primarily by persons with disabilities and individuals or families that are homeless at the time approved for occupancy, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, thereby improving the resident's health status, and maximizing his or her ability to live and, when possible and applicable, work in the community. Supportive housing that is provided in single - family, two - family, or multi - family dwelling units will be permitted, conditionally permitted, or prohibited in the same manner as TITLE 17 -ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 33 Accessory structure Primary Structure St Attached Structure ' (Garage) L._ ._._._._._-- ._._._._._._._._._. "Studio - Art, Dance, Martial Arts, Music" means small -scale instructional facilities, typically accommodating one group of students at a time, in no more than one instructional space. Examples include: individual and group instruction and training in the arts, production rehearsal, photography and the processing of photographs produced only by users of the studio facilities, martial arts training studios, and gymnastics instruction. This also includes production studios for individual filmmakers, musicians, painters, sculptors, photographers, and other artists. These uses may also include accessory retail sales of products related to the services provided. Supermarket" means a self- service grocery and associated consumer goods store divided into departments and may also offer prepared foods and food service. This may include secondary uses within the store for visitor convenience, such as banking services. retail sales of non -food items, a pharmacy, etc. "Supportive Housing" means housing with no limits on the length of stay that is occupied primarily by persons with disabilities and individuals or families that are homeless at the time approved for occupancy, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, thereby improving the resident's health status, and maximizing his or her ability to live and, when possible and applicable, work in the community. Supportive housing that is provided in single - family, two - family, or multi - family dwelling units will be permitted, conditionally permitted, or prohibited in the same manner as TITLE 17 -ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 33 other single - family, two - family, or multi - family dwelling units under this code "Swimming Pool" means an artificial body of water containing or normally capable of containing water to a depth of 18 inches or more at any point which is designed, constructed and used for swimming, dipping, or immersion purposes. This includes, but is not limited to, in- ground, above - ground, and on- ground pools, hot tubs, portable and non - portable spas, and fixed in -place wading pools. "Tandem Parking Stall" means a parking stall design where one vehicle is parked behind another. "Tot Lot" means a playground specifically designed for young children. "Tra*IPF" FAP;;R,; any vehiGle GF StFUGtUFe used RK SleBPIRg, living, business OF storage purpose i5 ?frT.Ti 1=fi OM-, .TS�1i1►�iTi�1ITSliIS..... "Traiilff Park" MeaRs any aFea OF premises Where iwe OF more nouse valleI:6 aFe loGaieci aREI "Transitional Housing" and "Transitional Housing Development' means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months. "Tutoring Services (Large)" means one -on -one educational instruction in general or specific academic subjects to children for the purpose of supplementing regular school instruction. Services are intended to be in addition to normal school teachings and shall not be provided as a replacement or substitute for public or private school. A large tutoring service establishment provides services to more than five (5) students at any given time. "Tutoring Services (Small)" means one -on -one educational instruction in general or specific academic subjects to children for the purpose of supplementing regular school instruction. Services are intended to be in addition to normal school teachings and shall not be provided as a replacement or substitute for public or private school. A small tutoring service establishment provides services to not more than five (5) students at any given time. "Urgent Care Facility" means a public or private hospital -based or free - standing facility, which includes x -ray and laboratory equipment and a life support system, licensed or legally operating as an urgent care facility, primarily providing minor emergency and episodic medical care with one or more physicians, nurses, and x -ray technicians in attendance at all times when the facility is open. "Use" means the purpose for which land or a building is designed, arranged, or intended, or TITLE 17 -ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 34 for which either is or may be occupied or maintained. "Accessory Use" see "Accessory Use ". "Allowed Use, Permitted Use" means a use of land identified by Article 2 (Zoning Districts, Allowable Land Uses, and Zone Specific Standards) as allowed or conditionally allowed that may be established with a permit or license, subject to compliance with all applicable provisions of Article 2. "Compatible Use" means a use that by its manner of operation is suitable in the district in which it may generally be considered as a primary use or is reasonable given its proximity to residential or other known sensitive uses. Said use of land and /or buildings shall be in harmony with the uses on the property as well as abutting properties. "Conditional Use" means a use permitted on a particular lot and within a zone only upon a finding that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in the Zoning Code, and requires authorization by either the Planning Commission or City Council, and the granting of a valid permit. "Conforming Use" means a lawfully established use of property that operates in compliance with all applicable provisions of this Zoning Code. "Primary Use" means the principal or predominant use of any lot, building, or structure. "Secondary Use" means any use that is specifically allowed in the zone in which it is located but is subordinate to the primary use in terms of occupied structure area or lot area "Sensitive Use" means any kindergarten, elementary school, middle school, high school, public library, public park, religious institution, or youth- oriented establishment characterized by either or both of the following: (1) the establishment advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors, or (2) the individuals who regularly patronize, congregate, or assemble at the establishment are predominantly minors. "Temporary Use" means a use of land that is designed, operated, and occupies a site for a limited period of time. "Usable Open Space" see "Open Space ". "Utilities" means all lines and facilities owned and /or operated by a licensed provider and related to the provision, distribution, collection, transmission, or disposal of water, storm drainage, sanitary sewage, oil, gas, electricity, information, telecommunications, telephone cable, and similar services. This includes facilities for the generation of electricity. This does not include "Wireless Telecommunications Facilities." "Vending Machine" Any unattended self- service device that, upon insertion of a coin, coins, or token, dispenses anything of value including food, water, beverages, goods, wares, merchandise or services. This does not include newspaper racks, automatic teller machines (ATMs). or public telephones. TITLE 17 - ZONING ARTICLE 1 - PURPOSE AND APPLICABILITY OF ZONING CODE 35 "Veterinary Services (Animal Hospital /Clinic)" means an establishment where household animals receive medical and surgical treatment and may be temporarily boarded (more than one night stay) in association with such medical or surgical treatment. Short-term animal boarding may be provided as an accessory use. "Wall" means a physical barrier constructed largely of masonry, brick, concrete, stucco, concrete block, or any combination thereof and intended to mark a boundary. "Warehouse Retail Store" means a store that emphasizes the packaging and sale of products in large quantities or volumes. some at discounted prices. Sites and buildings are usually large in character. Patrons may be required to pay membership fees. "Warehousing" means the storage of material goods including the performance of administrative and physical functions associated with storage of goods and materials. These functions include receipt, identification, inspection, verification, putting away, storage, retrieval for issue, etc. "Wholesaling" means the sale of commercial goods at or near production cost. "Wireless Communications Facilities (WCF)" see Article 3, Chapter 17.54. "Yard" means an open space on a lot, other than a court, unoccupied or unobstructed from the ground upward. "Yard Area" means the horizontal area between a property line and a parallel line along the nearest structure located outside of the required setback area. "Yard Area, Required" means the open space between a lot line and the building area within which no structure is permitted to be located. buill and the l lot line. The depth of the l Fed real yal shall be FneaSUF horizontally fl the nearest pal of a main bu 1ding toward the Fl lot lil "Yard, Side" means a yal extending fl the FequiFed firent yard, l the fl 'at ill wheire no fl yal is Feql to the l yal the width Of WhiGh side yard shall be measured hel fl al at Fight aRgles to, the s de !at 1 ne. TITLE 17 - •� • . • • •. =3MM 0111111111111l MMUM-2l oil buill and the l lot line. The depth of the l Fed real yal shall be FneaSUF horizontally fl the nearest pal of a main bu 1ding toward the Fl lot lil "Yard, Side" means a yal extending fl the FequiFed firent yard, l the fl 'at ill wheire no fl yal is Feql to the l yal the width Of WhiGh side yard shall be measured hel fl al at Fight aRgles to, the s de !at 1 ne. TITLE 17 - •� • . • • •. ARTICLE 2 Reserved ARTICLE 2 ZONING DISTRICTS, ALLOWABLE LAND USES AND ZONE- SPECIFIC STANDARDS Chapter 17.08 ESTABLISHMENT OF DISTRICTS AND GENERAL REQUIREMENTS Sections: Zoning District Name 17.08.010 Districts established. 17.08.020 Official zoning map. 17.08.030 Interpretation of zone boundaries. 17.08.040 Zoning of annexed property. 17.08.050 General requirements. 17.08.060 Hierarchy of zoning district restrictiveness. 17.08.010 Districts established. Rosemead shall be divided into zoning districts that implement the General Plan. These districts shall also classify, regulate, restrict and segregate the uses of land and buildings. The zoning districts described in Table 17.08.010.1 are hereby established, and shall be shown on the official Zoning Map adopted. Table 17.08.010.1 Zoning Districts Zoning Map Symbol Zoning District Name General Plan Land Use Classification Implemented by Zoning District Residential Z ning Districts R -1 Si_ngle-Family Residential Low Density Residential R -2 Li ht Multiple Residential Medium Density Residential R -3 Medium Multiple Residential Hi h Densi Residential Commercial Zoning Districts P -O Professional Office Commercial C -1 Neighborhood Commercial Commercial C -3 Medium Commercial Commercial C4 Reclional Commercial High Intensity Commercial CBD Central Business District Commercial Business and Industrial Districts CI -MU Commercial /Industrial Mixed -Use Mixed -Use Industrial /Commercial M -1 Li ht Manufacturin and Industrial Office/Light Industrial Special Purpose Zoning Districts P Automobile Parking Commercial P -D Planned Development All land use designations except High Intensity Commercial, Open Space and Cemetery O -S Open Space Open Space/Natural Resources Overlay Zones D -O Design Overlay RC -MUDO Residential /Commercial Mixed -Use Development Mixed -Use Residential /Commercial & Mixed -Use High Density Residential/ Commercial TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 1 AND ZONE SPECIFIC STANDARDS 17.08.020 Official zoning map. The official Rosemead Zoning Map has been adopted separately by the City Council and is on file in the office of the City Clerk. The Zoning Map is made a part of this Title by reference, and all notations, references and other information shown thereon shall be as much a part of this Title as if such notations, references and information were fully set forth herein. All properties included in such zoning map are classified and zoned in accordance with the zoning designation shown on the Zoning Map. 17.08.030 Interpretation of zone boundaries. Where uncertainty exists as to the boundaries of any zone shown on the zoning map, the following provisions shall apply: A. Where such boundaries are indicated as approximately following street and alley lines or lot lines, such lines shall be construed to be such boundaries. B. In un- subdivided property or where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by the use of the scale appearing on the map. C. Where any public street or alley, or any portion thereof, is officially vacated or abandoned, the regulations applicable to abutting property shall apply to the centerline of such vacated or abandoned street or alley. D. Where any private right -of -way or easement of any railroad, railway, canal, channel, transportation or public utility company, or any portion thereof, is vacated or abandoned, the regulations applicable to abutting property shall apply to such vacated or abandoned property. E. All property in the City not otherwise zoned, and all property hereafter annexed and not zoned upon annexation, is classified as R -1 until such time as the City Council re- classifies the property consistent with the General Plan land use designation for the property. In case any uncertainty exists, the Community Development Director shall determine the location of boundaries pursuant to section 17.08.030. 17.08.040 Zoning of annexed property. A. Petition for pre - zoning. Upon the initiation of proceedings for the annexation of property to the City, the owner or owners may request the City to concurrently adopt the proposed zoning designation or designations for the property or properties involved in such annexation, in the event the property is annexed to the City. The City Council may also initiate proceedings for pre - zoning properties that may be annexed into the City. B. Pre - zoning optional. The proceedings for establishing the zoning of property pending proceedings for annexation of such property to the City, are optional, and are not to be construed as a condition precedent to the completion of any annexation proceeding. C. Adoption of zoning. TITLE 17- ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 2 AND ZONE SPECIFIC STANDARDS Procedures for application, notice and hearings for pre- zonings shall be in accordance with Chapter 17.152, General Plan, Zoning Map and Zoning Code Amendments. The City Council shall classify property to be annexed for zoning purposes in accordance with the General Plan, and in accordance with its determination, to be effective upon the date of annexation of the property to the City. 17.08.050 General requirements. A. Conflicting regulations. Where any provision of this Title imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other requirements, law or ordinance, or by private covenants, then the provisions of this Title shall control in the event of any conflict between such specific provision or regulation and a general provision. B. Additional permitted uses. Uses of land not listed as permitted in Sections 17.12.020, 17.16.020, 17.20.020, 17.24.020, and 17.28.020 shall not be permitted unless any such unlisted use is determined to be permitted by the Community Development Director in accordance with section 17.04.040. C. Regulations applicable to all zones. The general regulations provided in this section shall apply to all land and development subject to this Title. In the event of a conflict between these general regulations and the regulations provided with respect to a specific zone, the latter shall prevail. 1. Uses Permitted. No building shall be erected, and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building or premises be used, designed or intended to be used for any purpose or in any manner other than a use listed in this Title, or amendments thereto, as permitted in the respective zone in which such land, building or premises is located. 2. Building Height. Where a building height is given, this shall be the maximum building height, except as specifically authorized in Article 2, Chapter 17.12 (Residential Zoning Districts), Chapter 17.16 (Commercial Zoning Districts), Chapter 17.20 (Commercial and Industrial Zoning Districts), Chapter 17.24 (Special Purpose Zoning Districts), and 17.28 (Overlay Zones). Except as hereinafter provided, no building shall be erected nor any existing building be moved, reconstructed or structurally altered to exceed in height the limit established by this Title, or amendments thereto, for the zone in which such building is located. No penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment; towers, roof signs, or other similar structures shall exceed the height limit provided in this Title, except as may otherwise be permitted. Radio and television masts, and steeples and flagpoles may extend not more than thirty (30) feet above the height limit provided in this Title, provided that in the opinion of the Building Official the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances. Ground - mounted flagpoles shall be allowed in residential zones to a maximum height of 28 feet and in nonresidential zones to a maximum height of 35 feet. 3. Yards. Where a yard distance is given this shall be a minimum distance, except as here after provided: TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 3 AND ZONE SPECIFIC STANDARDS a. No building shall be erected nor shall any existing building be removed, altered, enlarged or rebuilt, nor shall any open spaces surrounding any building be encroached upon or reduced in any manner except in conformity with the yard regulations established by this Title, or amendments thereto, for the zone in which such building is located. b. No yard or other open space provided about any building for the purpose of complying with the regulations of this Title or amendments thereto, shall be considered as providing a yard or open space for any other building or structure. c. The front yard shall be measured from the front property line except that where there is an official plan line or a future street line, the front yard shall be measured from the official plan line or future street line. d. All required yards shall be established by minimum building setbacks as specified in the development standards tables for each of the zone districts. 1) Setbacks shall be the measurement between a property line or right -of -way line to the building line of any structure. 2) The building line of a structure shall be along the foundation or columns that support the structure's outside elevation. The outside wall of a cantilevered story above the first floor shall be considered the building line for the purpose of establishing the required setback. 4. Lot Area and Dimension Area Requirements. a) Where the a minimum lot area per dwelling unit is given this shall be the minimum lot area. peF dwelling unit, PF0vided, However, when any lot(s) has been legally created and is subsequently zoned to a minimum parcel size larger than the existing parcel size, said lot(s) shall be found to be legally non - conforming and shall not be subject to requirements for variance to minimum lot size for the development of uses that are permitted by right. b) Lot Width. Where a lot width is given this shall be a minimum distance. However, when any lot(s) has been legally created and is subsequently zoned to a minimum lot width larger than the existing lot width, said lot(s) shall be found to be legally non- conforming and shall not be subject to requirements for variance to minimum lot width for the development of uses that are permitted by right. c) Uses that have specific lot area or dimension requirements. A nonconforming lot due to lot width or lot area may be occupied by any use permitted in the zone in which it is located except for those uses which require a width, area, or other lot dimension other than the minimum specified in the area requirements of the zone. D. Building under construction. Any building or structure for which a building permit has been issued prior to the effective date of this Title may be completed and used in accordance with the plans, specifications and permits on which the building permit was granted, as long as the construction is commenced within sixty (60) days after the issuance of the permit and diligently pursued to completion. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 4 AND ZONE SPECIFIC STANDARDS E. Public street access for dwellings. Unless otherwise provided for in this Title, every dwelling shall have access to a public street or other permanent means of access to a public street by way of direct lot frontage or a public or private easement or passageway other than an alley. F. Through lots. On through lots, both lines separating such lot from a public street shall be designated as front lot lines. G. Utilities. The provisions of this Title shall have no application to utility facilities subject to the jurisdiction of and regulation by the State of California Public Utilities Commission. H. Street dedication and improvement. No building or structure shall be erected or enlarged, and no building permit shall be issued therefore, on any lot in any zone or in any planned development in any P -D zone of which lot is a part, other than R -1, R -2 or R -3 zone, if such lot abuts a Major arterial or Minor arterial, unless one -half of the street which is located on the same side of the street as such lot has been dedicated for the full width of the lot, subject to the following provisions: 1. Major and Minor arterials to which these provisions apply are those shown on the Circulation Plan for Major Rosemead Roadways in the Circulation Element of the General Plan. 2. The maximum area of land to be so dedicated shall be proportional to the impacts caused by the proposed development, and shall not exceed twenty -five (25) percent of any such lot. 3 Dedication and improvements shall be for the full frontage of the lot on a Major or Minor arterial, and shall meet the standards for Major and Minor Arterial streets as approved by the City Council and on file in the office of the City Engineer. 4. Any person required to dedicate and make improvements by the provisions of this section shall execute and deposit with the City Manager an instrument of conveyance executed by all parties of interest as shown by a preliminary title report prepared by a title company, and in such form as approved by the City Attorney, and with respect to improvements shall either make and complete such improvements to the satisfaction of the City Engineer or file with the City Manager a bond in such amount as the City Engineer shall estimate to be necessary to complete the improvements required. 5. Whenever any uncertainty may exist as to the application of the provisions of this section in the matter of street alignments, area of dedication, or improvement specifications, the City Engineer shall determine their application in conformity with the adopted Circulation Plan for Major Rosemead Roadways. 6. A property owner required to dedicate land under the provisions of this section may appeal any such requirement to the City Council. I. Variable height. TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES AND ZONE SPECIFIC STANDARDS In addition to the height requirements set forth in each zone, the following development standards shall apply. When the requirements of this section conflict with sections of this Municipal Code, the most restrictive shall apply: 1. All commercial, industrial, nonresidential planned development zones, and residential commercial mixed -use zones shall have a variable height limitation established when abutting R -1 and R -2 zones, described as follows and shown in Figure 17.08.050.1 Commercial Rear Yard Setback Adjacent to Residential Zones and Figure 17.08.050.2 Commercial Side Yard Setback Adjacent to Residential Zones: a. P -O, C-1, C -3, CA CBD, CI -MU, M -1, P -D, P, and RC -MLIDO Zones Rear Yard Limitations. Establishing a height at fifteen (15) feet above the finished grade of adjacent residential property line and located twenty -five (25) feet from the rear property line, a sixty (60) degree incline plane is projected that establishes the height limitation. TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 6 AND ZONE SPECIFIC STANDARDS Figure 17.08.050.1 Variable Height Rear Yard Building Envelope VARIABLE HEIGHT REAR YARD BUILDING ENVELOPE HEIGHT LIMIT 15' 60' angle ..Y1. �.Nu YgRp R1 & R2 RESIDENTIAL 25' 60` HEIGHT TABLE MEASURED FROM 25' SETBACK HORIZONTAL HEIGHT EXAMPLE loft 321 R 20 R 49.64 R 30 11 66.96 R TITLE 17 —ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE LAND USES 7 AND ZONE SPECIFIC STANDARDS b. P -O, C -1, C -3, C-4, CBD, CI -MU, M -1, P -D, P, and RC -MUDO and GemirneF66al OF IadUStrial R D-Zones Side Yard Limitations. Establishing a height at fifteen (15) feet above the finished grade of adjacent residential property line and located ten (10) feet from the side property line, a sixty (60) degree incline plane is projected that establishes the height limitation. Figure 17.08.050.2 Variable Height Side Yard Building Envelope VARIABLE HEIGHT SIDE YARD BUILDING ENVELOPE HEIGHT LIMIT 15' 600 angle Cnmm..[W p S/QC .m W PD R.. C yqR ... .mm W O R7 & R2 RESIDENTIAL 10' 600 HEIGHT TABLE MEASURED FROM 10' SETBACK HORIZONTAL HEIGHT RzusLE 70n 32,32n 2Dn 4a.wn 30R 66.9nR TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 8 AND ZONE SPECIFIC STANDARDS 2. When P -0, C -1, C -3, C -4, CBD, CI -MU, M -1, P -D, P. and RC -MUDO zone street frontage is opposite R -1 or R -2 zones, the inclined plane set forth in subsection (a)(1) of this section shall be used, commencing at a height of thirty -five (35) feet and located twenty (20) feet from the front property line facing the residential zone. Figure 17.08.050.3 Variable Height Front Yard Building Envelope VARIABLE HEIGHT FRONT YARD BUILDING ENVELOPE HEIGHT LIMIT 35' 60 angle commedcel omus"Im Noniesltlentlal PC 3 F�ON %yq Res. COmm, MV TqF� Rp RI & R2 RESIDENTIAL 20' 60° HEIGHT TABLE MEASURED FROM 20' FRONT SETBACK HORIZONTAL HEIGHT EXAMPLE 10" 1.918 10R 6R.66R 3. In all zones, accessory buildings and structures, when abutting R -1 and R -2 zones shall not exceed a height of nine (9) feet above the adjacent residential finished grade, and when abutting R -3 development, the height shall not exceed fifteen (15) feet provided a five -foot setback is maintained. J. Trash enclosures. Enclosed solid waste collection areas shall be conveniently located and shall be an integral part of the architectural development of properties with three (3) or more residential units and all properties with non - residential development. See Article 3, Chapter 17.32 (Accessory Structures) for the development standards of trash enclosures. TITLE 17 — ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE LAND USES 9 AND ZONE SPECIFIC STANDARDS K. Security bars. Metal security bars, gates, grilles, shutters, or wire mesh shall not be used on the exterior of any door or window that is visible from any street or other public space. L. Visible Street Address. The street address of a development shall be clearly visible from the street to which the building is addressed. M. Transit measures. New multifamily developments in the R3 zone and all commercial, industrial, mixed use and overlay zones shall incorporate both local and regional transit measures into project design that promotes the use of alternative modes of transportation and /or construct, contribute or dedicate land for the provision of on -site bicycle trails linking the facility to designated bicycle commuting routes, in accordance with the trip reduction regulations in Chapter 12.32 of the Municipal Code. 17.08.060 Hierarchy of zoning district restrictiveness. The following base zone districts are listed in the order of most restrictive permitted uses to least restrictive permitted uses: P Automobile Parking Zone O -S Open Space Zone R -1 Single Family Residential R -2 Light Multiple Residential Zone R -3 Medium Multiple Residential Zone P -O Professional Office Zone C -1 Neighborhood Commercial Zone C -4 Regional Commercial Zone CBD Central Business District Zone C -3 Medium Commercial Zone CI -MU Commercial/Industrial Mixed -Use Zone M -1 Light Manufacturing and Industrial Zone P -D Planned Development Zone Overlay designations are not included in the order of restrictiveness. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 10 AND ZONE SPECIFIC STANDARDS Chapter 17.12 RESIDENTIAL ZONING DISTRICTS Sections: 17.12.010 Purpose. 17.12.020 Residential district land uses and permit requirements. 17.12.030 Residential district development standards. 17.12.010 Purpose. The purpose of the individual residential zoning districts and the manner in which they are applied are as follows A. Single- family residential (R -1) district. The R -1 zoning district identifies areas characterized by single - family dwellings. The standards of the R -1 district are intended to protect the existing density and maintain the character of the City's single - family residential neighborhoods. consistent with the General Plan Low Density Residential land use designation. B. Light multiple residential (R -2) district. The R -2 zoning district identifies areas characterized by single - family dwellings and duplexes. The R -2 standards are intended to maintain the character of existing neighborhoods while allowing the opportunity for duplex and smaller lot single - family development that is consistent with the General Plan Medium Density Residential land use designation. C. Medium multiple residential (R -3) district. The R -3 zoning district identifies areas characterized by higher density attached homes, apartments, and condominiums. The standards of the R -3 district are intended to ensure that new development is compatible with the character of existing neighborhoods while allowing for a mix of housing types, consistent with the General Plan High Density Residential land use designation. 17.12.020 Residential district land uses and permit requirements. Table 17.12.020.1, Uses in Residential Districts. identifies the uses of land allowed in each residential zoning district, and the land use permit required, if any. to establish each use. Where the last column in the tables (Specific Use Regulations) includes a section reference number. the regulations in the referenced section apply to the use in addition to those shown in the table. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 11 AND ZONE SPECIFIC STANDARDS Table 17.12.020.1 Uses in Residential Districts Land Use Requirements by District Specific Use Regulations R -1 I R -2 I R -3 Residential Uses Care Uses Child Care Home, Small Family (8 or fewer) I P Child Care Home, Large Family (9 to 14) Residential Care Facilities (6 or fewer) P Residential Care Facilities (7 or more) — Supportive Housing P Transitional Housing P Notes: P Permitted Use A Permitted Accessory Use AUP Administrative Use Permit Required CUP Conditional Use Permit Required -- Use Not Allowed See Article 3, Chapter 17.30, Section P P 17.30.160 (Large and Small Family Child Day Care Home Facilities) See Article 3, Chapter 17.30, Section AUP AUP 17.30.160 (Large and Small Family Child Day Care Home Facilities) P P CUP CUP P P P P DR — Discretionary Design Review TITLE 17— ZONING ARTICLE 2— ZONING DISTRICTS, ALLOWABLE LAND USES 12 AND ZONE SPECIFIC STANDARDS See section 17.12.030 for district Single- family Dwellings P P P specific requirements. See Chapter 17.42 for Manufactured Homes. p p See section 17.12.030 for district Two-family Dwellings (Duplex) _ specific requirements. DR See sections 17.12.030 for district Multiple - family Dwellings — — specific requirements. p p See Article 3, Chapter 17.30, Section Second Dwelling Unit, Single -story p 17.30.190 (Second Dwelling Units) Second Dwelling Unit, Two-story CUP CUP CUP See Article 3, Chapter 17.30, Section 17.30.190 (Second Dwelling Units) Mobile Home Parks CUP CUP CUP See Article 3, Chapter 17.46 (Mobile Home Parks and Park Conversions) Care Uses Child Care Home, Small Family (8 or fewer) I P Child Care Home, Large Family (9 to 14) Residential Care Facilities (6 or fewer) P Residential Care Facilities (7 or more) — Supportive Housing P Transitional Housing P Notes: P Permitted Use A Permitted Accessory Use AUP Administrative Use Permit Required CUP Conditional Use Permit Required -- Use Not Allowed See Article 3, Chapter 17.30, Section P P 17.30.160 (Large and Small Family Child Day Care Home Facilities) See Article 3, Chapter 17.30, Section AUP AUP 17.30.160 (Large and Small Family Child Day Care Home Facilities) P P CUP CUP P P P P DR — Discretionary Design Review TITLE 17— ZONING ARTICLE 2— ZONING DISTRICTS, ALLOWABLE LAND USES 12 AND ZONE SPECIFIC STANDARDS Table 17.12.020.1 Uses in Residential Districts (Continued) Use Requirements by District Specific Use Regulations g u rs "and ` isil See Title 6 (Animals) of the Animal Keeping A q q Municipal Code Horticulture - Private A A A Uses Im See Section 17.12.030 and Article 3 Accessory Structures A A A Chapter 17.32 (Accessory Structuresl Educational Institution - Private CUP CUP CUP Educational Institution - Public P P P Home Occupations, including Cottage Food A A A See Title 5, Chapter 5.41 (Home Operations. Occupations) Lighted outdoor sporting field or court (tennis, CUP CUP CUP See Article 4, Section 17.68.060 basketball, etc.). Places of Religious Assembly CUP CUP CUP Public Buildings and Facilities AUP AUP AUP Public Utility Facilities P P P Telecommunication Facilities, not including CUP CUP CUP Wireless Telecommunication Facilities See Article 5, Chapter 124 (Temporary Use Permits and Special Temporary Uses and Special Events Events) Notes: P Permitted Use A Permitted Accessory Use AUP Administrative Use Permit Required CUP Conditional Use Permit Required -- Use Not Allowed TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 13 AND ZONE SPECIFIC STANDARDS 17.12.030 Residential District Development Standards. A. General requirements. 1. New land uses and structures and alterations to existing land uses and structures in the R -1, R -2 and R -3 zones shall conform to the requirements in Table 17.12.030.1 (Residential District Development Standards) as well as specific district standards listed below. Table 17.12.030.1 Residential District Development Standards TITLE 17— ZONING ARTICLE 2— ZONING DISTRICTS, ALLOWABLE LAND USES 14 AND ZONE SPECIFIC STANDARDS Requirement by Zoning District Development Feature Notes and R•1 R -2 R -3 Exceptions Minimum Lot Area 6,000 sq. ft. 6,000 sq. ft. 10,000 sq. ft. Lot Area/Unit 6,000 sq. ft. 4,500 sq. ft. 1,500 sq. ft. Minimum Lot Width 50 ft. 50 ft. 70 ft. See -AF isla4, ChapteF 17.308 Minimum 1st Floor and Maximum 2nd Floor Area Requirements Single and Two - family Dwellings (Excluding Garage and Other Non - habitable Space) Floor Area 1 a Floor Requirements 1,000 sq. ft. 750 sq. ft. See Section Minimum 17.12.030.13.21 for Multi - Family 2nd Floor 75% of 1 st 75% of 1st Dwellings Maximum floor area floor area See Section Floor Area Ratio 0.35:1 0.35:1 0.35:1 for FAR Bonus for FAR Bonus Program Minimum Setbacks setbacks required Main Bldg 20 ft. 20 ft. 15 ft. Front Yard Setback is Garage 25 ft. 25 ft, required for front facing garages Greater of 5 Greater of 5 15 ft. for R -3 1st Floor ft. or 10% ft. or 10% 1Oft. all floors abutting R -1 or Side Yard of lot width of lot width R -2 zone 2nd Floor 5 ft. min. 15 ft. 5 ft. min. 15 ft. 15 tt for R -3 abutting R -1 or Interior Lots combined combined R -2 zone TITLE 17— ZONING ARTICLE 2— ZONING DISTRICTS, ALLOWABLE LAND USES 14 AND ZONE SPECIFIC STANDARDS Table 17.12.030.1 Residential District Development Standards (Continued) TITLE 17 — ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE LAND USES 15 AND ZONE SPECIFIC STANDARDS Requirement by Zoning District Development Feature Notes and R -1 R -2 - z • otta at 1 Floor Greater of 5 ft. or 10% Greater of 5 ft. or 10% Interior side of lot width of lot width 10 ft. Side Yard Corner Lots all floors See Section 17.12.030.B.2.a (Single - Family and Two - Family Development on a R -3 Lot) 2nd Floor Interior side 5 ft. min. 20 ft. combined 5 ft, min. 20 ft. combined at Floor street side 10 ft. 10 ft. 15 ft. all floors nd Floor street 10 ft. min. 20 ft. 10 ft. min. 20 ft. side combined combined Less than 4 Lesser of 25 Lesser of 20 bedrooms and ft. or 20% of ft. or 20% of See Section Rear Yard 2,000 s.f. lot depth lot depth 15 ft 17.030.12.B.2.a (Single - Family and Two - Family Development on a R -3 Lot) More than 4 bedrooms and 2,000 s.f. 35 ft. 35 ft. Height 2 stories & 30 ft. 2 stories & 30 ft. 3 stories & 35 ft. Bldg. Separation (Dwellings) 20 ft. 20 ft. 20 ft., 25 R front to front Bldg. Separation (Decks/projections / pools) 6 ft. 6 ft. 15 ft. See Section Open Space N/A N/A 200 s.f. Pe r unit 17.12.030.B.2.e for Multi - Family development Parking See Article 4, Chapter 17.112 (Off Street Parking and Loading) Fences & Walls Article 4, Chapter 17.68 (Fences, Walls, and Landscape Screening) TITLE 17 — ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE LAND USES 15 AND ZONE SPECIFIC STANDARDS 2. Applicability of conventional development standards. All development standards applicable to the zone designation of the lot shall apply without regard to whether the proposed dwelling is conventional or manufactured housing. B. District specific requirements. In addition to the general development requirements listed in Table 17.12.030.1, Residential District Development Standards, the following development standards apply to specific residential districts as shown: 1. R -1 and R -2 Zoning Districts a. Lot Coverage and Impervious Surfaces /Landscaping. A minimum of twenty percent (20 %) of the entire parcel shall be fully landscaped with plant materials. Pedestrian walkways, vehicular access ways and other impervious surfaces shall not collectively occupy more than fifty (50) percent of the front and side yard areas that are visible from a public right- of -way. Addition of impervious surfaces in these areas shall require a site plan subject to approval of the Community Development Director. All other portions of these areas shall be landscaped with lawn, trees, shrubs, plants and other }plan! landscape materials in compliance with any drought tolerance requirements in effect. b. Floor area maximum and minimum. 1) Residential dwelling units in the R -1 zone shall have a minimum ground floor area, exclusive of open porches or garages, of one thousand (1,000) square feet and residential dwelling units in the R -2 zone shall have a minimum ground floor area, exclusive of open porches or garages, of seven hundred fifty (750) square feet. 2) Total floor area of the second floor, including areas designated as covered or uncovered balconies, shall not exceed seventy -five percent 75% of the floor area of the first floor. For this calculation, floor area of the first floor shall only include first floor living area, and any floor area designated as garage floor area if the garage is attached. c. Front Driveway. Vehicle access ways (driveways) serving front facing garages shall be set back at least three (3) feet from any side property line. The maximum width of the access way shall not exceed twenty -five (25) feet for a two -car garage or thirty -five (35) feet for a three -car garage. d. Walkways. Pedestrian walkways on private property shall not exceed five (5) feet in width when located in front or side yard areas. e. Merged Lots. When two (2) or more lots are merged, the allowed lot Floor Area Ratio (FAR) shall be no larger than one hundred fifty (150) percent of the FAR allowance that would occur for the largest single lot. f. Landscaping. Landscaped areas shall be permanently maintained in a neat and orderly manner and shall comply with the following: 1) Landscaping shall not be permitted to limit or restrict the line of sight on any public right - of -way. 2) A minimum of one tree shall be planted in new or remodeled residential front yards for every fifty (50) feet of street frontage. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 16 AND ZONE SPECIFIC STANDARDS g. Yard Encroachments. Required yard areas shall be kept open and unobstructed, except as follows: 1) Cornices, canopies, eaves, patios, fireplaces or other similar architectural features and exterior pad mounted heating, ventilation and air conditioning equipment may extend into required front, side or rear yards or required separations between buildings not to exceed two (2) feet. 2) Open, unenclosed, uncovered porches, platforms or landing places which do not extend above the level of the first floor of the building, may extend into any front, side or rear yard not more than six (6) feet. 3) Detached accessory buildings may occupy side and rear yards as provided in Article 3, Section 17.32.030. 4) Detached garages, saFPeFts, and patios may occupy not more than fifty (50) percent of a required rear yard. Swimming pools may occupy rear yards, but not required front or side yards, except that no swimming pool may be located less than five (5) feet from a property line. Attached accessory structures, shall comply with residential front, side, and rear yard setback requirements. 5) Storage in Yards. No portion of any side yard on the street side of a corner lot, or any portion of the rear yard on the street side of a corner lot unless it is screened with a solid block wall meeting the fence height requirements in Article 4, Chapter 17.68, or any portion of the front yard on any lot in a residential area shall be used for the permanent storage of motor vehicles, recreational, airplanes, boats, parts of any of the foregoing, rubbish, garbage, junk, tents, clotheslines, garage or trash receptacles, or building materials (except building materials used on the premises stored thereon during the time a valid permit is in effect for construction on the premises). "Permanent storage" as used in this subsection, means the presence for a period of forty -eight (48) or more consecutive hours in the front or side yard. h. R -1 and R -2 Development Design Standards. 1) At least forty (40) percent of the street - facing wall of the second floor shall be set back a minimum of ten (10) feet from the street - facing wall of the first floor. 2) Reflective building materials are prohibited. 3) Exterior paint colors shall not exceed a light reflective value greater than forty (40) percent. 4) Mechanical elements (roof -top and ground - level) must be screened from view. 5) Residential front yard walls and fences may not exceed four (4) feet in height (including fencing, hedges, or other material). 6) Portable shade structures shall not be located in any side or front yard. 7) All garages shall match the main house in terms of color scheme, roofing material, roof pitch, gable orientation and design. 8) Hedges shall not encroach onto a curb or sidewalk or over a lot line. 9) Vehicles may not be parked on any lot except in the garage, on the driveway or parking apron or other approved hardscaped surface previously approved by the Planning Division. 10) The street address shall be clearly visible for all homes. 11)Remodels shall utilize materials, colors, architectural style and designs that match the existing structure. 12) Sidewall articulation shall be required on exterior walls that are not separated from an adjacent home by more than twenty -five (25) feet. 13) Entry treatment shall not exceed a maximum total height of twelve (12) feet for single -story homes and fourteen (14) feet for two -story homes. TITLE 17 -ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 17 AND ZONE SPECIFIC STANDARDS 14)Bay windows shall not exceed the height of one story or encroach into a required side yard. 15) Any second floor exterior side wall that exceeds a length of twenty -four (24) feet shall require an offset of two (2) feet for a distance of not less than eight (8) feet. 16) Existing residential development proposed to remain on a lot, where new residential development is proposed, shall be renovated to match or complement the new construction in colors, materials and architectural style. All onsite conditions, such as landscaping and fencing, shall also be improved. Additional Site Plan and Design Review Requirements. In addition to general City of Rosemead Planning Division review and approval requirements for residential projects, the following items are also subject to ministerial review and approval: 1) A site plan and design review application shall be required to install hardscape directly adjacent to a new or remodeled residential driveway. 2) A no -fee permit shall be required to install new fencing or replacement fencing in any residential front yard. 3) A site plan and design review application shall be required to install a portable shade structure in the rear yard. 4) A site plan and design review application shall be required for any accessory building greater than one hundred twenty (120) square feet in floor area, whether the total area is in one building or cumulatively in multiple buildings, including storage structures and workshops, but not including required garages. 5) A site plan review by the Development Rev ew Committee shall be regUired neighbeFhead. Discretionary Site Plan and Design Review. The following shall be subject to a discretionary Site Plan and Design review application, pursuant to the procedures in Chapter 17.120 (Applications and Processing) and Chapter 17.136 (Site Plan and Design Review) of this Title: 1) Any new dwelling unit to be constructed that equals or exceeds two thousand five hundred (2,500) square feet of developed living area. 2) Any addition to a dwelling unit in which the total floor area with the addition equals or exceeds two thousand five hundred (2,500) square feet of developed living area. 3) Any fill that would raise the building pad or front yard elevation by more than twenty - four (24) inches above the natural grade. k. Residential Design Incentives. An additional five (5) percent of bonus floor area may be obtained through the use of design incentives that are listed in Table 17.12.030.2. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 18 AND ZONE SPECIFIC STANDARDS Table 17.12.030.2 Residential Bonus Floor Area Design Incentives Floor Area (FAR) Bonus C olifying Design Elements Garages placed at the rear of the lot and not visible from the street 1.5% FAR BONUS (per design element) Usage of windows that are recessed a minimum of 4 inches on the front elevation Eave overhangs of 1 8-inches or more with exposed decorative raker tails Porch design that extends a minimum of 50% of the front elevation. Landscape plan with 3 or more mature trees (defined as 24" box or larger) 1 FAR BONUS Second floor fully contained within a pitched roof (per er d design element) Use of true divided -light windows, doors and side lights Tandem garage design Second story top plate that does not exceed 20 feet in height Both side yard setbacks that exceed the zoning minimum by more than 5 feet Second floor setback that exceeds the zoning minimum by more than 10 feet on 75% of the front elevation Second floor setback that exceeds the zoning minimum by more than 5 feet on one side D FAR BONUS d (per er d esign element) Any new single -story home (instead of two -story) Use of single -hung or double -hung windows of the front elevation Use of landscape materials instead of fencing to create separation between public and private spaces No front yard fencing or fencing lower than 4 feet in height Use of natural architectural materials (such as wood and stone) Use of drought - tolerant plant materials and automatic irrigation with moisture sensors Use of interlocking pavers, decomposed granite or other decorative handscape materials for walkways and driveways 2. R -3 Zoning District. a. Single - Family and Two - Family Development on R -3 Lots. If an R -3 lot is improved with two (2) or fewer dwelling units, such residential development shall comply with all R -2 Residential District Development Standards and R -2 District Specific Requirements outlined in Table 17.12.030.1 and Section 17.12.030.6.1, with the exception of the density requirement. One - family and two- family development on an R -3 lot shall comply with the density requirement of the R -3 zone. Maximum Heights. No building or structure shall exceed a height of thirty-five (35) feet or three (3) stories. Building or structure height means the vertical distance from grade, as defined in this section, to the highest point of the parapet or coping of a flat roof, or to a deck line of a mansard roof, or to the highest ridge of a pitched or hip roof. The first floor "finished floor' elevations at building entry points shall be a maximum of two (2) feet above the finished grade adjacent to the entry point. "Existing GFade" Fneans the elevation of the existing suFfare of the gFOund at the sidewalk, alley 9F etheF publir. way, the gFade shall be the elevation of the sidewalk, alley oF publiG way. TITLE 17— ZONING ARTICLE 2— ZONING DISTRICTS, ALLOWABLE LAND USES 19 AND ZONE SPECIFIC STANDARDS c. Landscaping. All usable open space (i.e., pedestrian walkways. separations between buildings, yard areas, and common recreation areas) shall be landscaped and provided with permanent, moisture sensing devices and automatic underground irrigations systems, developed in accordance with an approved landscape plan and maintenance plan. Landscape design shall be subject to the following: 1) A landscape and irrigation plan, prepared by a professional landscape architect, shall be submitted to the Community Development Department along with the application for a site plan and design review. 2) Except as provided in RMC Chapter 13.08. Water Efficient Landscapes, all plants and shrubs shall be living evergreen vines, shrubs, or ground cover, mowable grass, or a combination thereof. All trees shall be living, a minimum of 50% which shall be an evergreen type. The following minimum sizes shall apply: • Trees, fifteen (15) gallons; • Shrubs, five (5) gallons; and • Ground cover and vines from pots or rooted cuttings from flats spaced twelve (12) inches on center. 3) All landscape designs must incorporate energy and water conservation measures. 4) The developer and subsequent owners shall be responsible for maintaining the landscaping as shown on the approved plan. Maintenance shall include regular irrigation, weeding, fertilizing. and pruning of dead materials. 5) Landscaping shall not be permitted to limit or restrict the line of sight on any public right -of -way. d. Driveway Requirements. Minimum driveway design standards shall be as follows: 1) Two -way drives shall be twenty -six (26) feet in unobstructed width and thirteen (13) feet six (6) inches in unobstructed vertical clearance. The vertical clearance shall not be applicable to subterranean parking. 2) Building projections such as balconies may project no more than three (3) feet into the driveway width for a minimum horizontal clearance of twenty (20) feet. 3) All driveways shall comply with County of Los Angeles Fire Department Access Standards. 4) All points of vehicular access to public rights -of -way shall be subject to approval TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 20 AND ZONE SPECIFIC STANDARDS by the City's Public Works Department. e. Usable Open Space. A minimum of two hundred (200) square feet of usable open space shall be provided for each dwelling unit. "Usable open space" means space designed for outdoor living, recreation, or landscaping, and may be located on the ground, or on an unenclosed balcony, deck or porch, including patios and deck areas of swimming pools. No areas utilized for vehicular driveways, parking, covered pedestrian access between structures or dwelling units shall constitute usable open space. f. Floor Area Requirements. Each apartment or dwelling unit shall have a minimum floor area, excluding garages, as follows: Table 17.12.030.3 R -3 Floor Area Requirements Unit Type Minimum Floor Area Studio Unit 600 square feet One Bedroom Unit 650 square feet Two Bedroom Unit 800 square feet For Each Additional Bedroom An additional 200 square feet 1) Storage and Utility Space. A single area having a minimum of two hundred forty (240) cubic feet of private and secure storage space shall be provided for each dwelling unit, exclusive of closets within the living space of the dwelling unit. Such storage may be located within the garage, provided it does not interfere with automobile parking. 2) Maintenance Utility Space. Adequate storage space shall be provided in a main or accessory building for storage of maintenance equipment in projects with common recreational and landscape areas. Laundry facilities shall also be provided in a main or accessory building available and accessible to residents of all dwelling units not equipped with laundry space. 3) Trash Collection Facilities. Adequate refuse and solid waste collection containers shall be provided and be conveniently located near the dwelling units they serve. The refuse area location(s) shall provide for large refuse collection vehicle circulation and access from a public street or alley See Chapter 17 32 (Accessory Structures) for development standards. 4) Building Length Limitations. The length of any building or wing of a building shall not exceed one hundred twenty (120) feet. Length means the distance between the opposing extremities of the building measured in a straight line. 5) Distances to Swimming Pools. There shall be a minimum distance of fifteen (15) feet measured horizontally between any swimming pool and the nearest point of any balcony, porch, second story patio, sun deck, or other architectural feature of a building or structure with windows, doors, or other openings of sufficient size to permit the passage of a person. 6) Discretionary Site Plan and Design Approval. Before issuance of a building permit for development of an apartment or multi - family dwelling in the R -3 zone. the developer shall submit for a site plan and design review application in conformance with Article 5, Chapter 17.120 (Applications and Processing) and Chapter 17.136 (Site Plan and Design Review). TITLE 17 — ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE LAND USES 21 AND ZONE SPECIFIC STANDARDS Chapter 17.16 COMMERCIAL ZONING DISTRICTS Sections: 17.16.010 Purpose. 17.16.020 Commercial district land uses and permit requirements. 17.16.030 Commercial district development standards. 17.16.010 Purpose. The purpose of the individual commercial zoning districts and the manner in which they are applied are as follows: A. Professional Office (P -O) District. The P -O zoning district is intended to provide for office, professional and /or administrative service uses that are consistent with the General Plan Commercial land use designation. Limited retail and service commercial uses may be allowed when designed to meet the needs of the immediate employment population. B. Neighborhood Commercial (C -1) District. The C -1 zoning district is intended to provide for small -scale business activities which generally offer retailing or service - oriented uses serving the needs of nearby residents, consistent with the General Plan Commercial land use designation. C. Medium Commercial (C -3) District. The C -3 zoning district is intended to provide for small to medium scale commercial uses, emphasizing community serving retail, office and service uses, consistent with the General Plan Commercial land use designation. D. Regional Commercial (C -4) District. The C -4 zoning district is intended to provide opportunities for well- designed sub - regional commercial centers that provide goods and services in a larger retail form with ancillary smaller retail uses supporting the sub - regional commercial uses. The Regional Commercial areas will result in a higher level of site design, including architectural character and urban design, vehicular access, parking, landscaping, and pedestrian amenities, consistent with the General Plan High Intensity Commercial designation. E. Central Business District (CBD). The CBD zoning district is applied to the area along Valley Boulevard in the civic center area. It is intended to encourage medium scale commercial uses including retail, restaurant and cultural uses consistent with the General Plan Commercial land use designation. 17.16.020 Commercial district land uses and permit requirements. Table 17.16.020.1, Uses in Commercial Districts, identifies the uses of land allowed in each commercial zoning district, and the land use permit required, if any, to establish each use. Where the last column in the tables (Specific Use Regulations) includes a section reference number, the regulations in the referenced section apply to the use in addition to those shown in the table. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 22 AND ZONE SPECIFIC STANDARDS TABLE 17.16.020.1 USES IN COMMERCIAL DISTRICTS Requirements by District Specific Use Land Use Regulations P-0 C -1 C3 C� CBD Retail uses such as: Alcoholic Beverage Retail Sale (off -sale) -- CUP CUP 6i n.m.Mw CUP See o Article 3. Chapter Antique Store P P P Appliance Store and Repairs — P P P Automobile Sales/Rentals (no repair) — — CUP -- Auto Parts Sales, Retail (no installation) — P P P Bakeries — P P P Beauty Supply Store — P P P Bicycle and Mini -bike Sales with Incidental Repair _ P P P Book or Stationary Store — P P P Clothing Store — P P P Confectionary Shop — P P P Convenience Store — P P P See Article 3, Chapter 17.30 Department Store — — P P Drug Store — P P P Dry Goods — P P P Electronics Store — P P P Fabric Store — P P P Florist — P P P Furniture Store — — P P Gift Shop — P P P Grocery/Supermarket — — P P Notes: P Permitted Use A Permitted Accessory Use -- Use not allowed CUP Conditional Use Permit required AUP Administrative Use Permit required TITLE 17 —ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE LAND USES 23 AND ZONE SPECIFIC STANDARDS TABLE 17.16.020.1 USES IN COMMERCIAL DISTRICTS (Continued) Requirements by District Specific Use Land Use Regulations P-0 I C -1 I C -3 C-4 CBD Retail uses such as: (Continued) Hardware Store -- P P c.aw•. 17.16 MW •b 17 17m P Hobby Shop -- P P P Home Furnishings and Decorating Accessories Store _ P P Home Improvement Center — -- P — Horticultural Sales (nursery) with Outdoor Display -_ CUP — Jewelry Store — P P P Meat Market/Delicatessen no slaughtering) _ P P P Music Store and instruebee — P P P Open Air Markets held on a recurring basis (fans or craft markets, produce markets, and similar use)s« — — CUP CUP Outlet Center — — P — Paint and Wallpaper Store — P P P Pawn Shop — — — — Pet Store — P P P Photography /Camera shop — P P P Retail Store — P P P Secondhand Store — — CUP — Shopping Center — P P P Shoe Store — P P P Warehouse Retail Store — — CUP — Notes: P Permitted A Permitted Accessory Use — Use not allowed CUP Conditional Use Permit required AUP Administrative Use Permit required TITLE 17 — ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE LAND USES 24 AND ZONE SPECIFIC STANDARDS TABLE 17.16.020.1 USES IN COMMERCIAL DISTRICTS (Continued) Land Use Requirements by District Specific Use Regulations P-0 C -1 C -3 C4 CBD Business, Financial, and Professional uses such as: ATM A A A A See Article 3, Chapter 7.30 Sr Seams Financial Institutions and related services P P P 17 ISO eJ n.n.aaoc A Offices, Business, or Corporate P A P P Eating and Drinking Establishments : P -O zone: See Section Accessory ood Service (open to public) ry ( P P ) — A A A 17.16.030. BA a See Article 3, Chapter Bars, Lounges, Nightclubs, and Taverns 9 g — — CUP CUP 17.30 for Alcohol Sales Drinking Establishment (such as coffee P P P -O zone: See Section shop, but not including alcohol sales A P 17.16.030.8.1 a Fast Food — — P See�m 11IX10c P A see 3. Chapter Outdoor Dining (up to 800 sq. ft.) — — A OArticle Outdoor Dining (more than 800 sq. ft.) — — AUP _ 1See Article 3, Chapter Sae Article 3, Chapter Restaurant — Sit -down _ P P P 1T30 for Alcohol SaleB Take -Out Service — P P A Services Mass - General: Acupuncture P P P -- bo No overnight boarding Animal Grooming 9 _ _ of animals allowed overnight boarding Animal Da Care Y _ _ CUP _ of of animals allowed Animal Hospital /Clinic (not including — — CUP — Kennel see sxmm Automobile Car Wash /Detailing — — CUP — See o roue 3, Chapter See Article 3, Chapter Automobile Lube and Tune Facility — -- CUP _ee — 17.30 aM n.rr.ow.c Automobile Service Station (fuel, _ CUP CUP CUP See Article 3, Chapter maintenance ) 17.30 Barber and Beauty Shop — P P P Catering Service — P P P Clothing Rental Shop — — P P Dry Cleaning Pick -Up Store — P P P No equipment Notes: P Permitted Use A Permitted Accessory Use — Use not allowed CUP Conditional Use Permit required AUP Administrative Use Permit required TITLE 17 —ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE LAND USES 25 AND ZONE SPECIFIC STANDARDS TABLE 17.16.020.1 USES IN COMMERCIAL DISTRICTS (Continued) Land Use Requirements by District Specific Use Regulations P-O C -1 C -3 C� CBD Services Uses- General: (Continued) 1 Electronics repair shop — P P eae sww,u "'e.a+°.es nk r 17ow c P Employment agencies P P P — Landromats (Self- service Laundries) — P P P Locksmith — P P P Nail Salon — P P P Postal and Mailing ervice 9 A P P P P-O zone: See Section 17.18.030.B.1.a Shoe Repair Shop — P P P Studio Art, Dance, Martial Arts, Music — — ALP AUP Tailors and Seamstresses — P P P Services Uses - Restricted: Beauty Health Spa — — AUP " "0°0A AUP Check Cashing — — CUP Fortune Telling — — ALP - HoteVMotel — — CUP CUP See Article 3, Chapter 7.30 Massage Services 9 _ _ AUP _ See Title 5. Chapter 5.24, relating to Business License Requirements for Massage Uses Care Uses: Day Care Facility — CUP CUP s n a na° 165=N .ea ,. uq 17,17, =c — Seniors Congregate Care (Housing) — — CUP — Medical- Related and Social Services: Ambulance Service (Limited fleet) — — AUP — Emergency /Urgent Care Clinic — — P 9lBSWb 9 11:0 M 11 170 MC - Hospital — — CUP — Notes: P Permitted Use A Permitted Accessory Use — Use not allowed CUP Conditional Use Permit required AUP Administrative Use Permit required TITLE 17 —ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE LAND USES 26 AND ZONE SPECIFIC STANDARDS TABLE 17.16.020.1 USES IN COMMERCIAL DISTRICTS (Continued) Land Use Requirements by District Specific Use Regulations P-0 C -1 C -3 C-4 CBD Medical - Related and Social Services: Medical, Dental Clinics and Offices P P P aee Soo.. 11a6,030.W am n ama.c P Medical Lab A — P — Medical Supplies A P P _ Outpatient Surgery/Care Facilities P — P — Pharmacy and Medical Supplies A P P P e Sees ection P706 03 Transportation, Communication, and Infrastructure Uses: Automobile Parking Facilities as principal use subterranean and structures =A CUP se. seam 11 woes era +r noaoc Utilities p P p PpP Recreation and Education: Billiards, Pool Halls — — CUP s„ 1716 awe �m -- See Chapter 5.16 Commercial Recreation — — CUP CUP Entertainment Accessory Use (Kamoke, Live Band, Piano, Singer, Dancing) _ — A A See Chapter 5.12 Game Arcade, Internet Cafe, or Similar Business _ _ CUP CUP See Article 3, Chapter 17.30 Health Fitness Facilities (up to 2.000 sq. ft.) — — AUP AUP Health Fitness Facilities (more than 2,000 ft. _ _ CUP CUP KTV Studios (Kareoke) _ — CUP See oArticle 3. Chapter Movie Theater — — CUP — Museums — — CUP — Schools. Private — — CUP — Schools, Trade, Vocational — — CUP — Studio, Art, Dance, Martial Arts, Music (up to 2 ODO sq. ft. _ AUP AUP AUP Studio, Art, Dance. Martial Arts, Music more than to 2,000 sq. ft. _ CUP CUP CUP Notes: P Permitted Use A Permitted Accessory Use — Use not allowed CUP Conditional Use Permit required AUP Administrative Use Permit required TITLE 17 — ZONING ARTICLE 2— ZONING DISTRICTS, ALLOWABLE LAND USES 27 AND ZONE SPECIFIC STANDARDS TABLE 17.16.020.1 USES IN COMMERCIAL DISTRICTS (Continued) Land Use I Requirements by District Specific Use Regulations P-O C -1 C -3 C-4 CBD Recreation and Education (Continued): Tutoring Services (large) CUP CUP CUP s„1e�, ,z,e.ow.ea ni01717,0Xc CUP Tutoring Services (small) P P P P Other Uses: See Article 3, Chapter Accessory Structures A A A 17 10.= W A 17, 32 Assembly/Meeting Facilities — CUP CUP CUP A See Article 3, Chapter Donation Box (Charitable) — _ M7Mc _ Seen Article 3, Chapter Drive - through or Drive- up Facilities — _ P P Government Buildings and Facilities — — P P Outdoor Displays See Chapter 17.75 (Outdoor Sales and Garage Sales) Recycling Facilities, Reverse Vending AUP AUP 6e. semem _ See Article 3, Chapter 1 Machines and Small Collection Facilities _ , >,a mo.m 11.1)wo.c 17.30 Single Room Occupancy (SRO) _ _ CUP CUP See Article 3, Chapter 1 Developments 17.30 Special Events See Article 5, Chapter 124 (Temporary Use Permits and Special Events) see seaone Studios, Recording /Film — — CUP — n17 c Temporary Uses See Article 5, Chapter 124 (temporary Use Permits and Special Events) Notes: P Permitted Use A Permitted Accessory Use — Use not allowed CUP Conditional Use Permit required AUP Administrative Use Permit required TITLE 17 —ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE LAND USES 28 AND ZONE SPECIFIC STANDARDS A. Performance standards. The following performance standards shall apply to all commercial uses located in the P -O, C -1, C -3, C -4, and CBD zone districts. 1. Smoke. No use may emit from a vent, stack, chimney, or combustion process any smoke or emission, other than water vapor, that is visible to the naked eye and violates any standards established by the South Coast Air Quality Management District and the California Air Resources Board. 2. Noise. No use may violate the City's noise standards. 3. Vibration. No use may generate any ground- transmitted vibration that is perceptible to the human sense of touch measured at the outside boundary of the immediate space occupied by the enterprise generating the vibration if the enterprise is one of several located on a lot, or lot line if the enterprise generating the vibration is the only enterprise located on a lot. 4. Odors. No use may generate any obnoxious or adverse odor that can be detected beyond the boundary of the lot occupied by that use. 5. Electrical disturbance or interference. No use may create any electrical disturbance that adversely affects any operations, equipment, appliances, communications devices, or other electrical devices other than those of the creator of such disturbances 6. Stormwater runoff. The construction of any new building, and all activities conducted indoors and out of doors, shall comply with stormwater runoff regulations and National Pollution Discharge Elimination Systems (NPDES) requirements. B. Business license required. A valid business license, obtained pursuant to Title 5 of the Rosemead Municipal Code, shall be required as a condition of obtaining any permit or authority to establish a use under this Zoning Code. C. Site Plan and Design Review application required. 1. A Site Plan and Design Review application shall be submitted in accordance with the requirements of Article 5, Chapter 17.120 (Applications and Processing) and Chapter 17.136 (Site Plan and Design Review) for any new commercial development or any addition to an existing development in the P -O, C -1, C -3, CBD as follows: a. Any proposal to construct a new building of 3,000 gross square feet or more, or the addition of 3,000 square feet, or an addition that exceeds fifty (50) percent of the existing floor area shall require a discretionary review. b. Notwithstanding the provisions of Chapter 17.28 (Overlay Zones), any proposal to construct less than 3,000 square feet of new construction shall be subject to City staff - level review coordinated by the Community Development Department. 2. See Section 17.16.030.0 for development review application requirements in the C -4 zone. TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 29 AND ZONE SPECIFIC STANDARDS 17.16.030 Commercial District Development Standards. A. General requirements. Development Standards Table. New land uses and structures and alterations to existing land uses and structures in the P -O, C -1, C -3, C -4, and CBD zones shall conform to the requirements in Table 17.16.030.1, Commercial District Development Standards, as well as specific district standards listed below. Table 17.16.030.1 Commercial District Development Standards Development Feature Requirement by Zoning District P-0 C -1 C-3 C-4 CBD Minimum Lot Area 10,000 sq. ft. 5,000 sq. ft. 5,000 sq. ft. Area #1 15 ac Area #2 3 ac 5,000 sq. ft. Minimum Lot Width/Depth 50 ft. 50 ft. 50 ft. 100 ft. 50 ft. Floor Area Ratio (FAR) See General Plan See General Plan See General Plan See General Plan See General Plan Setbacks Minimum setbacks re uired Front 10 ft. None None 20 ft. None Side None None None 0 or >_ 10 ft. None Side Adjoining Residential Zone 10 ft. 10 ft. 15 ft. 15 ft. 5 ft. Rear 20 ft. None None 0 or ? 10 ft. None Rear Adjoining Residential Zone 20 ft. 20 ft. 15 ft. 20 ft. 10 ft. Height 50 ft. 35 ft. 75 ft. 75 ft. 50 ft. Height Adjoining Residential Zone See Section 17.08.0501 (Variable Height) Parking See Chapter 17.112 (Off Street Parking & Loading) TITLE 17— ZONING ARTICLE 2— ZONING DISTRICTS, ALLOWABLE LAND USES 30 AND ZONE SPECIFIC STANDARDS 2. Restrictions of the Division of Space. All planned division of office, retail, or other space within a building shall be shown on building plans. No further division of space for individual lease or use purposes beyond that shown on approved plans shall be permitted without the approval of the Community Development Director. Each lease space shall contain no less than 800 square feet of gross floor area 3. Exceptions to Height Limit. Through the application of a discretionary Site Plan and Design Review application in accordance with the provisions in Article 5, Chapter 17.136, the Planning Commission may allow the numerical height requirement, indicated as maximum feet in this section, to exceed the maximum by no more than five (5) feet upon recommendation from the Community Development Director if it is determined that the additional height would provide unique architectural elements that would enhance the project overall. 4. Encroachments. a. No part of the structure, permanent attachment or other similar architectural feature may extend into: 1) Any required front, side, or rear yard or minimum distance between buildings for more than two (2) feet. 2) The public right -of -way without approval of an encroachment permit. b. Hedges or any other shrubs or landscaping shall not encroach onto a curb or sidewalk or over a lot line. 5. Awnings. Awnings may encroach into the public right -of -way by extending over the sidewalk or parkway with review and approval from the City Engineer and Building Official. b. Awnings, arcades, and galleries may encroach into the sidewalk within two (2) feet of the curb but must clear the sidewalk vertically by at least eight (8) feet. c. Projections beyond the front or exterior side lot line of a corner lot shall require the review and approval of the City Engineer and the Building Official. 6. Landscape and Irrigation Plans. Landscape and irrigation plans for any development within a commercial zone, including the type and location of plant materials to be used, shall be submitted to the Planning Division for review and approval by the Community Development Director. b. A total of 6% of the gross lot area shall be landscaped. The landscape plan shall be designed and installed such that much of the landscaping is visible from the public street or thoroughfare. Additional site landscaping maybe required for conditionally permitted uses or developments that require the approval of a discretionary Site Plan and Design Review application. c. An automatic irrigation system installed below ground except for sprinkler heads shall be permanently maintained in all landscaped areas. TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 31 AND ZONE SPECIFIC STANDARDS d. All landscaping shall be maintained in a neat and healthy condition. e. Parking lot landscaping shall include a minimum of one (1) tree per one thousand five hundred (1,500) square feet of parking area. Trees shall be located in groupings or in regular intervals or in such a manner as to enhance the appearance of the parking lot. f. Landscaped areas shall comply with the City of Rosemead Water Efficient Landscape Ordinance. 7. Fences/Walls /Landscape Screening. Each development shall be improved with fencing, walls, and landscape screening in accordance with Article 4, Chapter 17.68. 8. Lighting. Each development shall be improved with lighting facilities in accordance with Article 4, Chapter 17.88. 9. Mechanical Equipment, Loading Zones, and Service Area Screening. a. Wall- mounted equipment shall be flush with the exterior building walls and painted to match the color of the exterior of the building and screened from the view of any public right -of -way. Window- mounted air conditioners or exterior - mounted fans shall be prohibited. b. Ground - mounted and pad- mounted mechanical or utility equipment and other such similar equipment shall be screened from view from all public rights -of -way and adjacent properties by architectural building features, fencing or landscaping. c. Rooftops should be designed in a way that acknowledges their visibility from other buildings and the street. Equipment shall be screened on all four sides from both the street and neighboring buildings using parapets or similar architectural features and from the top where visible from an adjacent building of greater height. d. Service and loading zones where visible from public streets and views from neighboring buildings and properties shall be screened by the use of decorative walls and /or dense landscaping that will serve as both a visual and a noise barrier. 10. Trash. Each development shall be improved with solid waste and recyclable material collection in accordance with Article 3, Chapter 17.32 (Accessory Structures). 11. Outside Storage. The following provisions apply to uses with outside storage areas: a. Outside storage (not for display purposes) is permitted on the rear area of a lot or parcel of land. On corner lots or where site coverage or topography make rear yard storage impossible or impose a severe hardship upon the owner or occupant of the parcel, storage may be permitted, subject to the approval of the Community Development Director, in a side yard or open yard adjacent to a corner. b. Any outdoor area used for storage shall be completely enclosed by a solid masonry wall and solid gate not less than six (6) feet in height. The Community Development Director may approve the substitution of a fence or decorative wall where such fence or wall provides adequate visual clearance, is structurally adequate, and equivalent in decorative TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 32 AND ZONE SPECIFIC STANDARDS appearance. In no event shall the height of such storage exceed the height of the wall or fence enclosing the storage area. B. District specific requirements. In addition to the general development requirements listed in Table 17.16.030.1, Commercial District Development Standards, the following development standards apply to specific commercial districts as shown: 1. P -O Zoning District a. Accessory Uses. Pharmacies, snack bars, cafeterias, copy and mail centers and other similar uses may be permitted as accessory uses where said use is less than 5% of the total net floor area of the professional office use and is established to primarily service the businesses on the same site. b. Signs— Content and location. In addition to the requirements of Chapter 17.116 (Signs), signs in the P -O zone shall also be required to comply with the following: 1) Any exterior sign displayed shall pertain only to the name and address or use conducted within the building, shall be attached flat against a wall of the building and parallel with its horizontal dimension, and shall front on the principal street. a parking area in the rear, or, in the case of a corner building, that portion of the side street within fifty (50) feet of the principal street. In no case shall a sign project above the roofline, have moving parts, flashing lights or animated lighting. The total area of such signs shall not exceed one square foot of sign area for each two (2) linear feet of building frontage. 2) The square footage of a sign made up of letters, words or symbols within a frame shall be determined from the outside edge of the frame itself. The square footage of a sign composed of only letters, words or symbols shall be determined from imaginary, straight lines drawn around the entire copy or grouping of such letters, words or symbols. Only those portions of the construction elements that are an integral part of the sign itself shall be considered in the allocation of square footage allowed. An obvious border designed as an integral part of the sign shall be calculated in the total square footage allowed. 2. C -1, C -3, and CBD Zoning Districts. a. Manufacturing shall not be permitted in the C -3 and CBD zones, except that manufacturing as an appurtenant function of a permitted use may be permitted, provided the manufacturing operation is of a minor, accessory and limited nature and occupies not more than twenty -five (25) percent of the floor area devoted to the permitted use. b. Furniture stores. Furniture stores in the C -3 and CBD zones shall be limited to new furniture, except that any used furniture taken in trade may be sold provided used furniture sales do not exceed twenty five (25) percent of the gross floor area or twenty five (25) of the total retail area, whichever is less. c. Appliance /Electronic Stores and Repairs. Appliance /Electronic stores and repairs in the C -1, C -3, and CBD zones shall be limited to new appliances and electronics, except that used appliances and electronics taken in trade may be repaired and serviced, provided such used appliance sales do not exceed twenty five percent of gross floor area or twenty TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 33 AND ZONE SPECIFIC STANDARDS five (25) percent of total retail area, whichever is less, and shall be located to the rear of the main retail area. 3. C -4 Zoning District The following regulations shall apply to the C -4 Regional Commercial zone unless otherwise provided in this Title. The C -4 Regional Commercial designation consists of two project areas, "Project Area 1" and "Project Area 2," as outlined in the Land Use Element of the City's General Plan. as eNtl Red below= Mar Avenue and San GabFiel Avellue. This area s boURded by Garvey Avenue tG the ..�__and m T mile. PaFk and epaFt r. nts to the oast b. Approval Procedure. A precise plan of design for a commercial development shall be submitted for Design Review and appreved reviewed in accordance with the requirements of Chapter 17.28, Section 17.28.020, with the exception that the City Council shall approve or disapprove such project upon receiving a recommendation from the Planning Commission that the project satisfies the following criteria for the C -4 zone: 1) Establish a well - balanced and carefully planned collection of signature commercial retail anchors, general retail outlets, and casual to upscale restaurants, which take advantage of the site's accessibility to major roadway corridors; 2) Allow for the development of site in a manner which will provide a productive use of commercial opportunities; 3) Expand commercial retail and restaurant options for local customers by providing daytime and nighttime shopping and dining opportunities in a safe and secure environment; 4) Augment the City's economic base by providing a variety of tax generating uses; 5) Create employment generating opportunities for the residents of Rosemead and surrounding communities, 6) Require consistent and rational development of the site(s) in accordance with established and functional aesthetic standards, and 7) Minimize impacts on surrounding residential neighborhoods by providing adequate mitigation measures that address project access, loading and unloading activities, parking, development scale and massing, screening, noise, lighting, and architectural design. c. Uses and Floor Area Requirements. The C -4 Regional Commercial zone provides opportunities for commercial retail and restaurant related uses. Although not limited to just the uses shown in the tables below, the following mix of land uses and building sizes identified in Table 17.16.030.2 and Table 17.16.030.3 following reflect the General Plan direction for the two Project Areas. TITLE 17 ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 34 AND ZONE SPECIFIC STANDARDS TABLE 17.16.030.2 LAND USE AND BUILDING FLOOR AREA REQUIREMENTS FOR PROJECT AREA 1 (as identified in the General Plan) ermitted Use Mix Building Floor Area Range Maximum Minimum — The primary use of the site shall have a major anchor tenant (75,000 — 140,000 square feet) and /or a hotel use. Large Retail Center with Anchor Tenants: Consumer electronics and appliances retail, department store, discount and variety store, home improvement. and 75,000 — 140,000 s.f hardware store II General Retail Outlets: Home furnishing and housewares retail, music, video, book and entertainment retail, office products retail, sporting and recreational equipment retail, 15,000 — 35,000 s.f hobby and craft retail, and other specialty retail Restaurant - Related Uses: Casual dining restaurants, 5,000 — 10,000 s.f. specialty eateries, and upscale dining Hotel, when approved with a Conditional Use Permit 100 guest rooms (minimum) Ancillary Commercial Uses, include the following as well as uses of similar character as approved by the Community Development Director: Eating and drinking establishments (restaurants, fast food facilities, including drive - through services, candy and confectionaries shops, delicatessens, donut shops and coffee sales), financial institutions (banks, savings and loans, and credit unions), food and beverage sales (markets, catering services, and 1,500 — 3,000 s.f. retail bakeries), personal services and sales (beauty and barbershops, including beauty supply, florist shops, photography studios, private postal service, travel agencies, tailors, shoe repairs, video sales and /or rental); specialized retail (consumer electronics, fabric store, hobbies and crafts, apparel and accessories, books and magazines, jewelry, sporting good (sales and rental), photography, and stationery sales) TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 35 AND ZONE SPECIFIC STANDARDS TABLE 17.16.030.3 LAND USE AND BUILDING FLOOR AREA REQUIREMENTS FOR PROJECT AREA 2 (as identified in the General Plan) Permitted Use Mix Building Floor Area Range (Minimum — Maximum) Primary use of the site shall have a minimum of one general retail outlet and/or a hotel use. General Retail Outlets: Home furnishing and housewares retail; music, video, book and entertainment retail; office products retail, sporting and recreational equipment retail, 15,000— 35,000 s.f. hobby and craft retail, and other specialty retail Restaurant - Related Uses: Casual dining restaurants, 5,000— 10,000 s.f. specialty eateries, and upscale dining Hotel, when approved with a Conditional Use Permit 100 guest rooms (minimum) Ancillary Commercial Uses, include the following as well as uses of similar character as approved by the Community Development Director: Eating and drinking establishments (restaurants, fast food facilities, including drive - through services, candy and confectionaries shops, delicatessens, donut shops and coffee sales); financial institutions (banks, savings and loans, and credit unions), food and beverage sales (markets, catering services, and retail bakeries); personal services and sales (beauty and barbershops, 1,500— 3,000 s.f. including beauty supply, florist shops, photography studios, private postal service, travel agencies, tailors, shoe repairs, video sales and /or rental), specialized retail (consumer electronics, fabric store, hobbies and crafts, apparel and accessories, books and magazines, jewelry, sporting good (sales and rental), photography, and stationery sales) TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 36 AND ZONE SPECIFIC STANDARDS C. Development standards. In addition to the Commercial District Land Uses and Permit Requirements in Section 17.16.020, Commercial District Development Standards and Special Conditions for Specific Land Uses in Section 17.16.030. the following additional standards shall also apply to development in the C -4 zone. 1. Public Realm and Streetscape. a. Public Sidewalks. The following shall apply to public sidewalks: 1) The minimum building setback shall be twelve (12) feet as measured from the curb face, and shall be in the form of both existing right -of -way and a recorded pedestrian access and utility easement, 2) The minimum building setback area shall include a minimum seven -foot wide detached sidewalk (clear zone) and a minimum five -foot wide parkway (amenity zone) adjacent to all streets. The amenity zone shall be located between the curb face and the clear zone. The clear zone shall be located between the building and the amenity zone; 3) The sidewalk in the clear zone shall be constructed of concrete, comply with ADA accessibility standards and be subject to the review of the City Engineer, 4) The clear zone shall be unobstructed by any permanent or nonpermanent element for a minimum width of seven (7) feet and a minimum height of eight (8) feet; and 5) The amenity zone shall include street trees, landscaping, public signs, public art, street lighting, street furniture, and other pedestrian- oriented amenities, as appropriate. b. Street Trees. 1) All species of mature oak trees shall be preserved or otherwise dealt with in accordance with Article 4, Chapter 17.104. 2) The removal of other mature trees shall be subject to the review and approval of the Urban Forester. 3) Mature street trees that are approved for removal by the Urban Forester shall be replaced with a minimum of three (3) new mature box trees that have at least a 24- inch box and are the same species of the replaced mature street trees or a species approved by the Urban Forester. The City reserves the right to increase the number of trees if it deems necessary in order to compensate for mature tree loss. 4) The amenity zone shall be planted with street trees at an average spacing not greater than thirty (30) feet on center. c. Transit Stops. 1) Transit stops shall be designed as integral elements of a commercial development by collocating them with pedestrian oriented amenities, such as pocket parks, courtyards, plazas, etc., whenever possible. 2) When an existing transit stop is located on a sidewalk adjacent to the location of a development, a shelter for transit patrons shall be constructed that: a) Incorporates architectural features of the development and is compatible with the development, and b) Includes a shelter, bench and lighting. Corner Lot. 1) On intersection corners, where both streets have four (4) lanes: TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 37 AND ZONE SPECIFIC STANDARDS a) Building architecture on intersection corners, where both streets have four lanes or more, shall receive special treatment to enhance the pedestrian experience, and create visual interest and focal points at the entryways, such as, but not limited to, building cut -offs and corner entrances with additional architectural detail, decorative landscaping, hardscape, planters, canopy, overhang or other architectural covering over the building entry; and 2) On intersection corners, regardless of the number of lanes on each street: a) Retail, restaurant, or overnight accommodation uses within buildings facing two (2) or more streets shall have at least one customer entrance facing the primary street and one customer entrance facing the second street or instead of two (2) entrances, a corner entrance; and b) Buildings on corner lots shall address both streets with an equal level of architectural detail. Undergrounding of Utilities. 1) Utility lines to a development from the building to the property line, including, but not limited to, electric, communications, street lighting and cable television shall be placed underground. 2) Utility lines within the right -of way shall be placed underground to the maximum extent practicable. The requirements of this section may be waived by the City Council upon recommendation from the City Engineer if it is determined that topographical, soil or any other conditions make such underground installations unreasonable or impractical. 2. Site Design and Circulation. Minimum Development Area. 1) The minimum development area for a commercial project within Project Area 1 shall be fifteen (15) acres. 2) The minimum development area for a commercial project within Project Area 2 shall be three (3) acres. 3) Lots may be subdivided within each development site area for the purpose of creating a commercial condominium or separate commercial pads in accordance with Article 3, Chapter 17.36, RMC Title 16, and the Subdivision Map Act. b. On -Site Tree Preservation. 1) All species of mature oak trees shall be preserved or otherwise dealt with in accordance with Article 4, Chapter 17.104. 2) The removal of other mature trees shall be subject to the review and approval of the City Council. 3) Mature trees that are approved for removal by the City Council shall be replaced with new mature trees that have at least a 24 -inch box and are the same species of the replaced mature trees. c. Bicycle Parking. 1) Bicycle parking spaces shall be equal to three (3) percent of required off - street parking. 2) Bicycle parking facilities shall be: a) Securely anchored to the lot surface so they cannot be easily removed and shall be of sufficient strength to resist theft; TITLE 17 - ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 38 AND ZONE SPECIFIC STANDARDS b) Separated by a physical barrier to protect the bicycle from damage by motor vehicles if located within a vehicle parking area, and c) Motor vehicle entrances shall display adequate signs to indicate the availability and location of the bicycle parking facilities. d) Access and Location of Off - Street Parking 3) At -grade parking shall not be located between any building and the street frontage. 4) Vehicular access to corner lot developments shall be from an alley or from a side street. 5) Access to parking on interior lots shall have only one vehicular access, which shall not be from the street if the lot abuts an alley. A second vehicular access may be allowed for lots that have a street frontage of three hundred fifty (350) feet or more and do not abut an alley. Developments on those lots may have additional driveways that are not closer than three hundred (300) feet apart. 3. Architecture. a. Ground Floor Facade. 1) There shall be articulated facades at the ground floor street frontage, which may include such measures as indentation in plane, change of materials in a complimentary manner, and sensitive composition and juxtaposition of openings. TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 39 AND ZONE SPECIFIC STANDARDS b. Design Differentiation between Floors. 1) The area where the first floor meets the second floor shall clearly define a change in materials, colors, and style between the first and second floors. c. Roofline Variation. 1) Flat roofs are preferred and shall be screened with parapets on all sides of the building. If no rooftop equipment exists or is proposed the parapet shall be a minimum of three (3) feet in height. a) Where architecturally appropriate, sloped roofs shall provide articulation and variations to divide the massiveness of the roof. Sloped roofs shall include eaves, which are a minimum of eighteen (18) inches in width. Sloped roofs shall screen mechanical equipment by providing a "roof - well', or by placing the equipment within the roof structure. 4. Signs. a. A uniform sign program shall be approved by the Planning Division for each commercial development. b. Permitted sign types shall be limited to wall, window, awning and monument signs. c. Building mounted signs, including wall, window and awning, shall not exceed a cumulative total of one square foot of sign area per one lineal foot of building frontage of each business. d. Pole signs shall be prohibited. e. A monument sign shall be used only to identify multiple businesses based on the following criteria: 1) One -third square foot of monument sign area per one lineal foot of lot frontage with a maximum of fifty (50) square feet. 2) The entire sign structure shall be considered as sign area. 3) The sign copy area shall not exceed sixty (60) percent of the background wall area. 4) All monument signs shall contain only the name of the development and /or the names of the businesses. 5) Monument signs shall not encroach into any required landscaped setback area when abutting open areas or encroach more than one -half the required landscaped setback area when located in front of a building. 6) Sign copy shall be back - lighted or indirectly lighted. 7) The background wall of the monument sign shall not exceed six (6) feet in height. 8) A maximum of two (2) monument signs per development. 9) The monument sign shall be set back a minimum of three (3) feet from the property line at a location where the building is set back a minimum of ten (10) feet. 5. Public Art Requirement. A freely accessible on -site public art work shall be integrated into each project in accordance with Article 4, Chapter 17.92. , , .4.4 or art i.qm* as defined heFein may be peFmaneRt, foxed, may be an TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 40 AND ZONE SPECIFIC STANDARDS IIA �.��1� A— . —J:. .: J...1 — ..•r•rll.. •rrrrn. -•na In�i r•���nc nn� nnG�C •]C 7 TITLE 17 - ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 41 AND ZONE SPECIFIC STANDARDS al TITLE 17 - ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 41 AND ZONE SPECIFIC STANDARDS TITLE 17— ZONING ARTICLE 2— ZONING DISTRICTS, ALLOWABLE LAND USES 42 AND ZONE SPECIFIC STANDARDS rn WAN TITLE 17— ZONING ARTICLE 2— ZONING DISTRICTS, ALLOWABLE LAND USES 42 AND ZONE SPECIFIC STANDARDS Chapter 17.20 COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS Sections: 17.20.010 Purpose. 17.20.020 Commercial and industrial land uses and permit requirements. 17.20.030 Commercial and industrial district development standards. 17.20.010 Purpose. The purpose of the individual commercial zoning districts and the manner in which they are applied are as follows: A. Commercial — Industrial Mixed Use District (CI -MU). The CI -MU zoning district is intended to provide for heavy commercial and quasi - industrial uses that are consistent with the General Plan Industrial land use designation. The purpose of the CI- MU zone is to accommodate light industry, research and development, and office uses. The emphasis is on providing career- oriented and trade jobs. Commercial uses are limited to those that support the primary industrial and office uses. B. Light Manufacturing and Industrial (M -1) District. The M -1 zoning district is intended to provide for manufacturing, assembly, research and development, and light industrial parks, consistent with the General Plan Industrial land use designation. 17.20.020 Commercial and Industrial land uses and permit requirements. Table 17.20.020.1, Uses in Commercial and Industrial Districts, identifies the uses of land allowed in each such zoning district, and the land use permit required, if any, to establish each use subject to section 17.08.050. Where the last column in the tables (Specific Use Regulations) includes a section reference number, the regulations in the referenced section apply to the use in addition to those shown in the table. TABLE 17.20.020.1 USES IN COMMERCIAL AND INDUSTRIAL DISTRICTS Land Use Requirements by District Specific Use Regulations CI -MU M -1 Industry, Manufacturing, Processing, and Warehousing Uses: Chemical Product Manufacturing -- P Creameries and Dairy Products Depot P Consumer Electronics and Equipment Manufacturing P Note: P Permitted Use A Permitted Accessory Use CUP Conditional Use Permit required AUP Administrative Use Permit required Use not allowed TITLE 17 — ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE LAND USES 43 AND ZONE SPECIFIC STANDARDS TABLE 17.20.020.1 USES IN COMMERCIAL AND INDUSTRIAL DISTRICTS Land Use Requirements by District Specific Use Regulations CI -MU M -1 Permitted Accessory Use CUP Conditional Use Permit required AUP Industry, Manufacturing, Processing, and Warehousing Uses (Continued) Fabric Products Manufacturing Use not allowed P Food and Beverage Packing/Canning/Processing — P Furniture Manufacturing — P Glass, Metal and Plastics Products Manufacturing P Lumber and Wood Products Manufacturing P Metal Products Fabrication and Welding Shops — P Paper Products Manufacturing — P Personal Self Storage (Mini- Storage), Indoor Only — CUP Research and Development P P Stone, Clay and Pottery Product Manufacturing — P Cabinet or Carpenter Shops — P Carpet, Window Covering, and Upholstery Cleaning — P Contractor's Storage Yards — AUP Handicraft Industry — P Garment Manufacturing, Processing, or Assembling, including Sewing and Cutting Operations — CUP Laboratories A P Laundries and Dry Cleaning Plants CUP P Warehousing, Wholesaling, and Distribution Facilities P P Warehousing, Wholesaling, and Distribution Facilities of Alcoholic Beverages CUP CUP See Article 3. I Chapter 17.30 Note: P Permitted Use A Permitted Accessory Use CUP Conditional Use Permit required AUP Administrative Use Permit required Use not allowed TITLE 17 — ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE LAND USES 44 AND ZONE SPECIFIC STANDARDS TABLE 17.20.020.1 USES IN COMMERCIAL AND INDUSTRIAL DISTRICTS Requirements by District Specific Use Land Use CI -MU M -1 Regulations Retail Trade Uses: Auto Parts Stores, including Installation Services ALP — Automobile Sales/Rentals, New or Used CUP Building Materials Storage and Services CUP P Equipment Rental CUP CUP Home Improvement Stores P — Horticultural Sales (Nursery) with Outdoor Display CUP CUP Outlet Center P — Retail Sales A A See Section 17.20.030 Spas, Hot tubs, Barbeque Sales P — Statuary, Fountains and Landscape Sales P — Business, Financial, Professional, and Medical Uses: Offices — Business, Medical, Government, and Professional P P Emergency /Urgent Care Clinic P — Ambulance Services (Limited fleet) ALP AUP Eating and Drinking Establishments: Accessory Food Service (Open to Public) P AUP Catering Service P — Drinking Establishment (such as coffee shop, but not including alcohol sales P P Service Uses: Animal Boarding /Kennels — CUP Animal Grooming — AUP No over iset Animal Hospital/Clinic (not including Kennel) CUP — Note: P Permitted Use — Use not allowed A Permitted Accessory Use CUP Conditional Use Permit required AUP Administrative Use Permit required TITLE 17— ZONING ARTICLE 2— ZONING DISTRICTS, ALLOWABLE LAND USES 45 AND ZONE SPECIFIC STANDARDS TABLE 17.20.020.1 USES IN COMMERCIAL AND INDUSTRIAL DISTRICTS Requirements by District Land Use Specific Use CI -MU M -1 Regulations Service Uses: (Continued) Auto Repair and Body Shops CUP CUP C apterc17 30 Automobile Car Wash/Detailing g UP CUP See Article 3, Chapter 17.30 Automobile Lube and Tune Facility CUP CUP See Article 3, Chapter 17.30 Automobile Service Stations (Vehicle Fueling, Accessories ) CUP CUP $eB ArtiC1e 3. chapter 17.30 Automobile Storage — Primary Use — — Vehicle Towing with Storage — AUP Funeral Homes and Mortuaries CUP CUP Maintenance and Repair Services (other than vehicle) P P Printing and Duplicating Services, Postal Services P P Transportation, Communications, and Infrastructure Wes: Automobile Parking Facilities as principal use subterranean and structures CUP CUP Heliports and Helistops A/CUP A/CUP Telecommunications facilities (not including Wireless Telecommunication facilities P P Utilities P P Wireless Telecommunication Facilities — CUP See Article 3. Chapter 17.54 Note: P Permitted Use A Permitted Accessory Use CUP Conditional Use Permit required AUP Administrative Use Permit required Use not allowed TITLE 17— ZONING ARTICLE 2— ZONING DISTRICTS, ALLOWABLE LAND USES 46 AND ZONE SPECIFIC STANDARDS TABLE 17.20.020.1 USES IN COMMERCIAL AND INDUSTRIAL DISTRICTS Requirements by District Specific Use Land Use CI -MU Regulations M -1 Special Needs Uses, limited to only the following: Emergency Shelters g Y __ p See Article 3, Chapter 17.30 Mortuaries /Funeral Homes CUP Places of Religious Assembly CUP Single Room Occupancy g Y CUP See Article 3, Chapter 17.30 Other Uses: Accessory Structures P P See Article 3, Chapter 17.32 Adult Businesses P See Article 3, Chapter 17.30 Body rt Establishment Y P Ica 3' Chapter 17.30 Day Care Facility CUP CUP Recycling Facilities — Collection Small Cy g (Small) AUP AUP See Article 3, Chapter 17.30 Recycling Facility Collection (Large) eCy 9 ItY— g � CUP CUP See Chapter Chapter 17.30 Recycling facilities — Processing — c apte Ui ao Special Events See Article 5, Chapter 124 (Temporary Use Pennits and Special Events) Temporary Use Permits 124 (Temporary Use Pe m is and sspecialEve Events) Note: P Pertained Use A Permitted Accessory Use CUP Conditional Use Permit required AUP Administrative Use Permit required Use not allowed TITLE 17 — ZONING ARTICLE 2 — ZONING DISTRICTS, ALLOWABLE LAND USES 47 AND ZONE SPECIFIC STANDARDS A. Performance standards. The following performance standards shall apply to all uses located in CI -MU and M -1 zone districts. 1. Smoke. No use may emit from a vent, stack, chimney, or combustion process any smoke or emission, other than water vapor, that is visible to the naked eye and violates any standards established by the South Coast Air Quality Management District and the California Air Resources Board. 2. Noise. No use may violate the City's noise standards. 3. Vibration. No use may generate any ground- transmitted vibration that is perceptible to the human sense of touch measured at the outside boundary of the immediate space occupied by the enterprise generating the vibration if the enterprise is onto of several located on a lot, or the lot line if the enterprise generating the vibration is the only enterprise located on a lot. 4. Odors. No use may generate any obnoxious or adverse odor that can be detected beyond the boundary of the lot occupied by that use. 5. Electrical disturbance or interference. No use may create any electrical disturbance that adversely affects any operations, equipment, appliances, communications devices, or other electrical devices other than those of the creator of such disturbances 6. Stormwater runoff. The construction of any new building, and all activities conducted indoors and out of doors, shall comply with stormwater runoff regulations and National Pollution Discharge Elimination Systems (NPDES) requirements. B. Health Risk Assessment. The City may require a health risk assessment for any use involving hazardous materials. C. Business license required. A valid business license, obtained pursuant to Title 5 of the Rosemead Municipal Code, shall be required as a condition of obtaining any permit or authority to establish a use under this Title. D. Site Plan and Design Review required. 1. A Site Plan and Design Review application shall be submitted in accordance with the requirements of Article 5, Chapter 17.120 (Applications and Processing) and Chapter 17.136 (Site Plan and Design Review) for any new development or any addition to an existing development in the CI -MU or M -1 as follows: a. Any proposal to construct a new building of 3,000 gross square feet or more, or the addition of 3,000 square feet, or an addition that exceeds fifty (50) percent of the existing floor area shall require a discretionary review. b. Notwithstanding the provisions of Chapter 17.28 (Overlay Zones), any proposal to construct less than 3,000 square feet of new construction shall be subject to City staff - level review coordinated by the Community Development Department. TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 48 AND ZONE SPECIFIC STANDARDS 17.20.030 Commercial and industrial district development standards. A. General requirements. 1. Development standards table. New land uses and structures and alterations to existing land uses and structures in the CI -MU and M -1 zones shall conform to the requirements in Table 17.20.030.1, Commercial and Industrial District Development Standards, as well as specific district standards listed below. TABLE 17.20.030.1 COMMERCIAL AND INDUSTRIAL DISTRICT DEVELOPMENT STANDARDS Minimum Lot Area 20,000 sq. ft. 1 acre Minimum Lot 150 150 Width /Depth Maximum Floor Area See General Plan See General Plan Setbacks Street Frontage 10 ft. 10 ft. Front Adjoining 15 ft. 15 ft. Residential Zone Side None None When side abuts side or rear of residential R zone, school or park a setback equal to Side Adjoining side yard setback of residential R zone shall be required for building line of main Residential Zone structure. Setback area may be used to comply with parking requirements. Rear None None When rear abuts side or rear of residential R zone, school or park a setback equal to Rear Adjoining side yard setback of residential R zone shall be required for building line of main Residential Zone structure. Setback area may be used to comply with parking requirements. Height 50 ft. 75 ft. Height Adjoining Variable height limit per section Variable height limit per section Residential Zone 17.08.0501 17.08.0501 Parking Per Chapter 17.112 (Off- Street Parking and Loading) TITLE 17— ZONING ARTICLE 2— ZONING DISTRICTS, ALLOWABLE LAND USES 49 AND ZONE SPECIFIC STANDARDS 2. Encroachments. a. No part of the structure, permanent attachment or other similar architectural feature may extend into: 1) Any required front, side or rear yard or minimum distance between buildings for more than two (2) feet. 2) The public right -of -way without approval of an encroachment permit. b. Hedges or any other shrubs or landscaping shall not encroach onto a curb or sidewalk or over a lot line. 3. Awnings. a. Awnings may encroach into the public right -of -way by extending over the sidewalk or parkway with review and approval from the City Engineer and Building Official. b. Awnings, arcades, and galleries may encroach into the sidewalk within two (2) feet of the curb but must clear the sidewalk vertically by at least eight (8) feet. c. Projections beyond the front or exterior side lot line of a corner lot shall require the review and approval of the City Engineer and the Building Official. 4. Landscape and Irrigation Plans. a. Landscape and irrigation plans for any development within a commercial zone, including the type and location of plant materials to be used, shall be submitted to the Planning Division for review and approval by the Community Development Director or his designee. b. A total of 3% of the gross lot area shall be landscaped. The landscape plan shall be designed and installed such that much of the landscaping is visible from the public street or thoroughfare. Additional site landscaping maybe required for conditionally permitted uses or developments that require the approval of a Design Review or precise plan of design. c. An automatic irrigation system installed below ground except for sprinkler heads shall be permanently maintained in all landscaped areas. d. All landscaping shall be maintained in a neat and healthy condition. e. Landscaped areas shall comply with the City of Rosemead Water Efficient Landscape Ordinance. 5. Fences/Walls /Landscape Screening. Each development shall be improved with fencing walls, and landscape screening in accordance with Chapter 17.68. 6. Lighting. Each development shall be improved with lighting facilities in accordance with Chapter 17.88. 7. Mechanical Equipment, Loading Zones, and Service Area Screening. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 50 AND ZONE SPECIFIC STANDARDS a. Wall- mounted equipment shall be flush with the exterior building walls and painted to match the color of the exterior of the building and screened from the view of any public right -of -way. Window- mounted air conditioners or exterior - mounted fans shall be prohibited. b. Ground - mounted and pad- mounted mechanical or utility equipment and other such similar equipment shall be screened from view from all public rights -of -way and adjacent properties by architectural building features, fencing or landscaping. c. Rooftops should be designed in a way that acknowledges their visibility from other buildings and the street. Equipment shall be screened on all four (4) sides from both the street and neighboring buildings using parapets or similar architectural features and from the top where visible from an adjacent building of greater height. d. Service and loading zones where visibility from public streets and views from neighboring buildings and properties shall be screened by the use of decorative walls and /or dense landscaping that will serve as both a visual and a noise barrier. 8. Trash. Each development shall be improved with solid waste and recyclable material collection in accordance with Chapter 17.32 (Accessory Structures). 9. Outside Storage. The following provisions apply to uses with outside storage areas. a. Outside storage (not for display purposes) of equipment or materials is permitted on the rear area of a lot or parcel of land. On corner lots or where site coverage or topography make rear yard storage impossible or impose a severe hardship upon the owner or occupant of the parcel, storage may be permitted, subject to the approval of the Community Development Director, in a side yard or open yard adjacent to a corner. b. Any outdoor area used for storage if visible from public right -of -way shall be completely enclosed by a solid masonry wall and solid gate not less than six (6) feet in height. The Community Development Director may approve the substitution of a fence or decorative wall where such fence or wall provides adequate visual clearance, is structurally adequate, and equivalent in decorative appearance. In no event shall the height of such storage exceed the height of the wall or fence enclosing the storage area. B. District Specific Requirements. In addition to the general development requirements listed in Table 17.20.030.1, Commercial and Industrial District Development Standards, the following development standards apply to specific commercial districts as shown: 1. CI -MU Zoning District. Merchandise. All display of merchandise for sale on the premises shall be wholly within an enclosed building, except as provided in section 17.20.030.6.1.1b below. b. All display of merchandise for sale on the premises shall be wholly within an enclosed building except for the following: 1) Parking Lots 2) Automobile Sale Areas 3) Service Station Fuel Dispensing Activities TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 51 AND ZONE SPECIFIC STANDARDS 4) Plant Nurseries 5) Garden and bulky hardware supplies associated with a home improvement or similar retail business, provided that all such outdoor use shall be fully screened and secured by walls or fencing materials (See Chapter 17.76 Outdoor Sales and Garage Sales). 6) Temporary sales or special events permits with the approval of a Temporary Use Permit pursuant to Chapter 17.124 (Temporary Use Permits and Special Events) 2. M -1 Zoning District. a. Retail uses. Permitted retail sales within the M -1 Zoning District shall be subject to the following requirements: 1) Vehicular access to the property shall be from an arterial street. 2) All customer parking and pedestrian circulation serving the retail shall be separate from any non - retail uses on the same site. 3) The retail use shall comply with all standards for parking, landscaping, circulation and access. 4) No restrictions shall apply to retail sales in which the premises are "point of sale" only, with limited customer traffic and the merchandise is shipped or delivered from elsewhere. b. Manufacturing, assembly and heavy commercial processing uses shall be subject to the following requirements: 1) Maintain loading and outdoor operations a minimum of fifty (50) feet from any school, park or residentially zoned property. 2) Provide a buffer adjacent to a school, park or residential zoned property sufficient to confine light, glare, odor and noise to the property on which the industrial use is established. 3) Uses adjacent to a school, park or residentially zoned property shall limit outdoor operations to the hours of 7:00 am to 10:00 pm. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 52 AND ZONE SPECIFIC STANDARDS Chapter 17.24 SPECIAL PURPOSE ZONING DISTRICTS Sections: 17.24.010 Purpose. 17.24.020 Special purpose district land uses and permit requirements. 17.24.030 Special purpose district development standards. 17.24.040 P -D District reclassification and plan adoption. 17.24.010 Purpose. The purpose of the individual special purpose zoning districts and the manner in which they are applied are as follows: A. Open Space (O -S) District. The O -S zoning district is intended to provide for urban relief, recreation and environmental preservation. This zoning district is applied to parks, streams. urban forestry areas and other similar features to enhance the quality of the environment consistent with the General Plan. B. Automobile Parking (P) District. The P zoning district is intended to provide for specialized facilities that serve a critical but single purpose need for automobile parking. This zone may be applied to public parking lots and structures, shared parking facilities by multiple businesses or residential projects and other similar parking needs. C. Planned Development (P -D) District. The P -D district is intended to provide for residential, commercial, industrial, or institutional developments that are characterized by innovative use and design concepts. This zone provides for a new development to offer amenities, quality, design excellence and other similar benefits to the community and not be inhibited by strict numerical development standards. The P -D zone may not be used to develop residential projects that exceed the density allowed under the General Plan and density bonus provided in Chapter 17.84. 17.24.020 Special Purpose District Land Uses and Permit Requirements. Table 17.24.020.1, Uses in Special Purpose Districts, identifies the uses of land allowed in the Open Space (O -S) district and the Automobile Parking (P) zoning district, and the land use permit required, if any, to establish each use subject to Section 17.08.050. Where the last column in the tables (Specific Use Regulations) includes a section reference number, the regulations in the referenced section apply to the use in addition to those shown in the table. The Planned Development (P -D) zone district requirements are outlined in Sections 17.24.030 and 17.24.040 TITLE 17 - ZONING ARTICLE 2 -ZONING DISTRICTS, ALLOWABLE LAND USES 53 AND ZONE SPECIFIC STANDARDS Table 17.24.020.1 USES IN SPECIAL PURPOSE DISTRICTS Land Use Requirements by District Specific Use Regulations O-S P Agricultural and Horticultural Uses P Administrative Use Permit required Propagation, Growing and Storage of Nursery Stock P Christmas Tree Farms, and Turf Farms P - Hiking Trails, Public P A Parks and Recreation Facilities, Public P - Parks and Recreation Facilities, Private CUP - Landscaping P A Open Space, Public P P Open Air, Temporary Parking of Transient Automobiles - P Public Parking, including Parking Lots and Structures P P Private Parking Facilities for Shared Use CUP Government Buildings and Facilities A - Wireless Telecommunication Facilities CUP — See Article 3, Chapter 17.54 Utilities P P Note: P Permitted Use A Permitted Accessory Use CUP Conditional Use Permit required AUP Administrative Use Permit required Use not allowed TITLE 17- ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 54 AND ZONE SPECIFIC STANDARDS 17.24.030 Special Purpose District development standards. A. Development standards table. New land uses and structures and alterations to existing land uses and structures in the O- S, P, and P -D zones shall conform to the requirements in Table 17.24.030.2, Special Purpose District Development Standards, as well as specific district standards listed below. TABLE 17.24.030.2 SPECIAL PURPOSE DISTRICT DEVELOPMENT STANDARDS TITLE 17— ZONING ARTICLE 2— ZONING DISTRICTS, ALLOWABLE LAND USES 55 AND ZONE SPECIFIC STANDARDS Requirement by Zoning District evelopment Feature O -S P P -D None 20,000 sq. ft. Minimum Lot Area 1 ac. Minimum Lot Width /Depth None 50 ft. None Maximum Floor Area See General Plan See General Plan See General Plan Setbacks 10 ft. 10 ft. None Front Front (Adjoining 15 ft. 15 ft. 20 ft. Residential Zone) Side 10 ft. 10 ft. None When side abuts side or rear of residential R zone, school or park a setback equal to side yard setback of residential R zone shall be Side (Adjoining Residential required for building line of main structure. Setback area may be used Zone) to comply wl parking requirements. Rear 1 Oft. 10 ft. 10 ft. When rear abuts side or rear of residential R zone, school or park a Rear (Adjoining Residential setback equal to side yard setback of residential R zone shall be Zone) required for building line of main structure. Setback area may be used to comply wl parking requirements. Height 20 ft. None None Height (Adjoining Residential Zone) Variable Height Limit Requirement per Section 17.08.050.1 Parking In accordance with Chapter 17.112 (Off -Street Loading and Parking) TITLE 17— ZONING ARTICLE 2— ZONING DISTRICTS, ALLOWABLE LAND USES 55 AND ZONE SPECIFIC STANDARDS B. District Speck Requirements. In addition to the general development requirements listed in Table 17.24.030.2, Special Purpose District Development Standards, the following development standards apply to specific commercial districts as shown: C. O -S District requirements. 1. Development review. Projects proposed within the Open Space (O -S) District shall be subject to applicable review procedures as set forth in Article 5 Land Use and Development Application Procedures of this Title. 2. Supplementary district and temporary use regulations. For sign, parking, fence, swimming pool, and similar regulations for the Open Space (O -S), see Article 4 Supplemental Standards of this Title. D. District Improvements. All such parking areas shall be improved and maintained in accordance with the provisions of Chapter 17.112 (Off- Street Parking and Loading). E. P -D District requirements. This zone is designated to accommodate various types of development such as shopping centers, professional and administrative areas, multiple housing developments, single - family residential developments, commercial service centers and industrial parks and other uses or a combination of uses which can be made appropriately a part of planned development. 2. A Planned Development zone may be established to provide diversification in the location of structures and other land uses while insuring compliance with the General Plan and compatibility with existing and future developments in surrounding areas. 3. Development within the P -D zone shall be subject to the provisions of Section 17.24.040 of this Chapter. 17.24.040 P -D District reclassification and plan adoption. A. Permitted uses. Commercial, residential, industrial, and institutional uses may be permitted in the P -D zone subject to regulations set forth in this Chapter and subject to the approval of the Planning Commission and City Council. B. Creation of planned development zone - reclassification. Planned development zones shall be created in the same manner as property is reclassified from one zone to another as set forth in Chapter 17.152. 2. An application for change of zone to a P -D zone shall include and be accompanied by a precise development sensept plan, which if approved by the Planning Commission and City Council, shall become a part of the Zoning Map of the City. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 56 AND ZONE SPECIFIC STANDARDS The Planning Commission may recommend to the City Council approval or disapproval of the P -D zone and precise development Geasept plan as submitted, or modification, alteration, adjustment, amendment or conditional approval of the development concept plan. The decision of the Planning Commission shall include a finding as to whether the proposed development is consistent with the General Plan. C. Approval of development plan. Withirl two years afteF Glass fiGat GR of a PFOpeFty as R D. SUGh two year tiFne 1 Mit shall ■ befGFe the effe6t Ye date of this Ghaptef, The Planned Development Review application shall set forth the name and address of the property owner and the description of the property. In addition, application shall be accompanied by a precise development plan which shall include the following details: Location of each existing and location and dimensions of each proposed structure in the site, the use or uses to be contained therein, the number of stories, gross building and floor area, location of entrances and loading points thereof. 2. Location of proposed parks, playgrounds, school sites. public buildings and other such uses within the zone. 3. All streets, points of access, curb cuts, garage door locations, driving lanes, parking areas, and in commercial developments, the ratio of off - street parking to building floor area, loading area, public transportation points, and illumination facilities for same. 4. All pedestrian walks, malls and open areas for the use of occupants and members of the public. 5. Location, height and material of all walls and fences. Location and height of all screen planting in front, side and rear yards. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 57 AND ZONE SPECIFIC STANDARDS 6. Types of surfacing, such as paving, turf or gravel, to be used at the various locations. 7. Landscaping and tree planting plan including type and location of plant materials to be used and an irrigation plan, in accordance with the City's Water Efficient Landscape Ordinance. 8. Plans and elevations of structures indicating architectural, building materials and construction standards. 9. The gross land area of the site and of the footprints of the structures, and land use of the area within three hundred (300) feet of the perimeter of the site, including the location of structures and other improvements. 10. Such other information as may be required by the Community Development Department to assist in the consideration of the development plan. 11. A map or grading plan showing the proposed grading and topography of the site. 12. Such application shall be processed and heard in accordance with the provisions of Article 5, Chapter 17.120 (Applications and Processing). The Planning Commission and City Council may impose reasonable conditions to the approval of the development plan. D. Conditions of approval of planned development. 1. An applicant may be required to dedicate land for street or other purposes authorized by law, to restrict areas for open space, for beautification or for off - street parking and to comply with such other conditions as may be imposed to achieve harmony with the General Plan and compatibility with surrounding land uses. The development as authorized shall be subject to all conditions so imposed. 2. Such conditions may be modified where circumstances warrant after a hearing by the Planning Commission. 3. In addition to the above requirements, all residential planned development (P -D) projects shall include in the required covenants, conditions and restrictions (CC &Rs) or other similar recorded instrument the following statement. This statement is intended to notify all prospective property owners of certain limitations on construction to residential dwellings contained in planned development projects. a. "All residential dwellings within this project were designed and approved under a precise plan, planned development (P -D) concept. As a result, some of the project lots and yard areas are smaller than would ordinarily be allowed under the development standards contained in the Rosemead Zoning Code. b. "Purchasers of project dwellings are hereby notified that they should not assume that they will be able to gain City of Rosemead approval for any further building on any smaller- than - standard lot. Applications for room additions, patio enclosures, TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 58 AND ZONE SPECIFIC STANDARDS etc., will be reviewed on a case -by -case basis. Further information is available from the City of Rosemead Planning Department during regular business hours." E. Modification of the development plan. Changes in the use shown in the development plan shall be considered in like manner as changes in the zoning map and shall be made in accordance with the procedures set forth in this Title, except such changes may be accomplished by a resolution rather than by ordinance. F. Area. A P -D zone shall include a parcel of land containing not less than one (1) acre (forty - three thousand five hundred sixty (43,560) square feet). A P -D zone may be considered on a parcel of land less than one acre in area only where such property has a common boundary with property which has previously been developed under an approved plan pursuant to this Chapter and the plan shall indicate that the proposed development will constitute an orderly extension in arrangement of buildings, facilities and open space throughout the combined parcels of land in addition to all other requirements for approval. 2. The proposed density of a residential planned development shall be consistent with the land use element of the General Plan. as out! Red below� ... •• squaFe feet of land aFea •• 1. . --. Area. • TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 59 AND ZONE SPECIFIC STANDARDS G. Phasing. If development is to be accomplished in stages the development plan shall coordinate improvement of the open space, the construction of buildings, structures and improvements in such open space, and the construction of dwelling units, in order that each development stage achieves a proportionate share of the total open space environmental quality of the total planned development. H. Semmersia4 Non - residential planned developments. Additional conditions containing reasonable regulations regarding traffic flow, access driveways, off - street parking, signs and bialbeaMs, walls, fences, paved areas, planting areas and other open areas may be required by the Planning Commission to assure a reasonable and compatible development in harmony with, and not detrimental to, the surrounding area. I. Signs permitted in the P -D zone. Other than as specifically set forth in this section, Chapter 17.116 (Signs) shall apply to the P -D zone. 1. Building Directory Signs. One (1) exterior sign at each building entrance, such sign not to exceed ten (10) square feet in area, and such sign to be a limited directory type indicating only the name of the business and the use conducted by tenants. 2. Exterior Wall Signs. Exterior wall signs may occupy not more than twenty (20) percent of any front, side or rear wall of a main building or structure, such signs to pertain only to a use conducted, service provided, goods produced or sold on the premises, or the name of the owner or tenants of the building. 3. Free Standing Signs. One (1) free standing sign for each commercial business, provided that the total area of any one (1) sign shall not exceed one hundred (100) square feet. a. Total height of any free standing sign not to exceed thirty -five (35) feet. b. Such signs shall pertain only to a use conducted, service provided, goods produced or sold on the premises, or the name of the owner or tenants of the building. c. Permitted free standing signs shall not project into any public right -of -way. (Rf* cede § 912944-) J. Parking. Parking requirements shall be as provided in Chapter 17.112 (Off- Street Parking and Loading). K. Building permits— Issuance. TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 60 AND ZONE SPECIFIC STANDARDS 1. No building permit shall be issued until the precise development plan is approved by the Planning Commission and the City Council. 2. Building permits shall be issued for plans substantially in accordance with the approved development plan. L. Development schedule. 1. An application for approval of a development plan in the P -D zone shall be accompanied by a development schedule indicating the approximate date on which construction of the project can be expected to begin, the anticipated rate of development and completion date. 2. Such development schedule, if approved by the Planning Commission and City Council, shall become a part of the development plan and shall be adhered to by the owner of the site and any successor in interest. M. Development plan— Expiration. 1. Upon the abandonment of a project authorized by approval of a development plan, or upon the failure to implement the development plan within the time specified, or if no time is so specified, within one (1) year after approval of the development plan, the development plan shall be null and void. 2. Unless a longer period of time has otherwise been set forth in development plan conditions of approval, the plan shall not be deemed "exercised" until at least one (1) of the following has first occurred: a. A grading permit has been issued and grading has been substantially completed; b. A building permit has been issued and construction has commenced, and the building permit remains to be valid by or through the making of satisfactory progress as determined by the Building Official; c. A Building Certificate of Occupancy has been issued; d. The use is established; or e. A time extension has been granted in compliance with subsection five (5) of this section. 3. If a project is to be developed in preapproved phases, the development plan for the property shall include conditions related to the phasing of development. 4. If the project also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the development plan shall be exercised before TITLE 17 - ZONING ARTICLE 2 -ZONING DISTRICTS, ALLOWABLE LAND USES 61 AND ZONE SPECIFIC STANDARDS the expiration of the tentative map, or the development plan shall expire and become void and of no further effect. 5. Upon good cause shown by the applicant, the Planning Commission may extend the time limitation imposed by this Chapter once, for a period of not to exceed one (1) year, without a public hearing. 6. Once a development plan has become void by failure to implement, or if no application for approval of a development plan has been filed within two (2) years after classification of a property as P -D, it is the general policy of the Planning Commission to initiate amendment proceedings under this Title to rezone the project area to whatever zone it had prior to the P -D zone approval. TITLE 17 -ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 62 AND ZONE SPECIFIC STANDARDS Chapter 17.28 OVERLAY ZONES Sections: 17.28.010 Purpose. 17.28.020 Design Overlay (D -O) Zone. 17.28.030 Residential /Commercial Mixed -Use Development Overlay (RC -MUDO) Zone. 17.28.010 Purpose. The purpose of the individual overlay zones and the manner in which they are applied are as follows: A. Overlay zone districts. An overlay zone is a zoning district that applies special requirements to a portion of other zoning districts. The City of Rosemead has designated certain areas within the city to be subject to overlay zones in order to supplement the base zones in these areas with special purpose regulations. Each overlay zone specifies the uses and developments that are subject to such special requirements. Uses and developments not specified are subject only to the requirements of the base zone district. B. Design Overlay (D -O) Zone. The purpose of the design overlay zone is to promote orderly development so that buildings, structures, signs and landscaping will be harmonious within a specified area; to prevent the development of structures or uses which are not of acceptable exterior design or appearance or are of inferior quality or likely to have a depreciating or negative effect on the local environment or surrounding area by reasons of use, design, appearance or other criteria affecting value. C. Residential /Commercial Mixed -Use Development Overlay (RC -MUDO) Zone. The purpose of the Residential /Commercial Mixed -Use Development Overlay Zone (RC- MUDO) is to provide opportunities for well- designed development projects that combine residential with nonresidential uses, including office, retail, business services, personal services, public spaces and uses, and other community amenities designated with the mixed -use land use designations in the City of Rosemead General Plan, and consistent with the policy direction in the General Plan. The intent of this overlay zone is to accomplish the following objectives: 1. Create a viable, walkable urban environment that encourages pedestrian activity and reduces dependence on the automobile, through a streetscape that is connected, attractive, safe and engaging. 2. Provide complementary residential and commercial uses within walking distance of each other. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 63 AND ZONE SPECIFIC STANDARDS 3. Develop an overall urban design framework to ensure that the quality, appearance and effects of buildings, improvements and uses are compatible with the City design criteria and goals. 4. Create quality residential /commercial mixed -use development that maintains value through buildings with architectural qualities that create attractive street scenes and enhance the public realm. 5. Provide a variety of open space, including private, recreation areas and public open space and parks. 6. Revitalize commercial corridors with residential /commercial mixed -use developments that attract and encourage market- driven private investment. 7. Encourage parking solutions that are incentives for creative planning and sustainable neighborhood design. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 64 AND ZONE SPECIFIC STANDARDS 17.28.020 Design Overlay Zone. Sub - sections: A. Jurisdiction. B. AppliGation Content and fee. Application filing, processing, and review. C. Action on applications and review GFiteFia. Findings and decision. AppFOYal +editions of Approval D. Appeals. E. Issuance of other required permits and approvals. A. Jurisdiction. 1. No building permit shall be issued for any building structure or other development of property or appurtenance thereto, on any property for which a precise plan of design is required, until the precise plan of design covering the parcel or parcels to be so used shall be approved and adopted as herein provided. Design review procedures shall be followed for all improvements requiring a building permit or visible changes in form, texture, color, exterior facade or landscaping. a. Exceptions. The following development shall be exempt from the design overlay standards: 1) Residential, Commercial, Industrial, and Institutional. Minor nea structural repairs and maintenance to existing residential, commercial, industrial, and institutional structures provided such minor maintenance and repairs meet the standards of the underlying zone. Minor repairs and maintenance to nonconforming Fesidential structures shall comply with Chapter 17.72 (Nonconforming Uses, Structures, Lots, and Parking Facilities). 2) Commercial. Additions to existing commercial structures provided such additions do not exceed fifty (50) percent of the existing floor area or two thousand (2,000) square feet, whichever is less, and does -not affect the front facade of the building. 3) Industrial. Additions to existing industrial structures provided such additions do not exceed fifty (50) percent of the existing floor area or two thousand (2,000) square feet, whichever is less, and does not affect the front facade of the building. B. AppliGatien Content and fee. Application filing, processing, and review. TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 65 AND ZONE SPECIFIC STANDARDS 1. Application filing. An application for a Design Review shall be filed and processed in compliance with Chapter 17.120 (Applications and Processing). The application shall include the information and materials specified in the handout for Design Review applications, together with the required fee. as established by City Council resolution. It is the responsibility of the applicant to provide evidence to support the findings required by Sub - section "C" (Findings and Decision) below. Initial review of the application, including time requirements and requests for information, shall be provided in accordance with Section 17.120.070 (Initial Application Review and Completeness). 2. Application review. a. Each application for a Design Review shall be reviewed to ensure that the application is consistent with the purpose of this Chapter, applicable development standards and regulations of this Zoning Code, and any adopted design guidelines and policies that may apply. Upon receipt of a complete application, the applicable review authority shall review the design, location, site plan configuration, and the effect of the proposed development on surrounding development by comparing the project plans to established development standards. regulations, and applicable design guidelines. b. If the Community Development Director determines that the plans conform to the provisions of this Chapter, and the policies adopted by the City Council hereunder, the Community Development Director shall endorse his or her approval thereon in writing to the Planning Commission for them to approve. conditionally approve, or deny, their seasurrease. When the plans for an approval do not arbitrarily — substantially alter the appearance of the property, the only TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 66 AND ZONE SPECIFIC STANDARDS approval required shall be that of the Community Development Director. Non - substantial alterations include, but are not limited to: 1) Fagade or exterior improvements for property maintenance (inclusive of color changes that are primary building colors of existing buildings on the street): 2) Fences and walls; 3) Landscaping, 4) Restriping of parking lots, 5) Signs (excluding new pole and monument signs); 6) Sign face changes on existing pole and monument signs, 7) Roof pitch changes that are consistent with the existing roof shape to accommodate electrical equipment. such as air condition units, and 8) Screening of any mechanical equipment. c. After the Design Review application has been deemed complete, the review authority shall either approve or deny the precise plan of design and, if approved, may impose conditions deemed reasonable and necessary to protect the public health, safety and general welfare and ensure compliance with this Chapter and various regulations of the City in compliance with Sub - section "C" (Findings and Decision), below. 3. Standards of review. When reviewing development plans that are subject to a Design Review, the following criteria, in addition to other principles of good design, shall be considered as part of the review. a. Compatibility. Compatibility shall be ensured and determined by use of the following criteria: 1) The proposed development should protect the development site as well as surrounding properties from noise, odor, vibration, and other impacts that might have an adverse impact. 2) The location and configuration of structures should minimize interference with the privacy and views of occupants of surrounding structures. b. Architectural design and detail. Architectural design and detail shall be provided in all proposed development and shall be determined by the use of the following criteria and in compliance with all other applicable provisions of this Zoning Code: 1) New structure design is encouraged to follow a recognized and established architectural style utilizing massing, materials, details, and similar elements of that style. 2) Long, plain, building walls should be avoided by incorporating building articulation (e.g., arcades, decks, material variation, porches, public art. roofline variation, varied setbacks, and windows) and other similar methods. 3) Roof - mounted equipment shall be fully screened. Acceptable methods of screening may include parapet walls or some other creative feature such as an architectural solution. Individual equipment screens may only be used for structures after all other methods of screening have been explored. 4) Rooflines on a structure should create design interest and be compatible throughout the structure and also with existing structures and surrounding development. 5) The design of the structures, driveways, landscaping, lighting, loading facilities, parking areas, signs, solar facilities, and other site features should show proper TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 67 AND ZONE SPECIFIC STANDARDS consideration for the functional aspects of the site (such as, automobile, pedestrian and bicycle circulation) and the visual effect of the development on surrounding areas. 6) Amenities (such as, arbors, architectural lighting, fountains, hardscape, public art, and trellis) and other design features should be provided on larger development projects. 7) Green building practices should be used whenever feasible. 8) Electrical rooms with switchgear and similar items should be located within an electrical room and integrated into the building footprint. 9) Interior roof access shall be used. Ext_. _.. -_f ladders are pFahib led.. c. Landscape, lighting, parking, signs, and other design details. Landscaping, lighting, parking, signs, and other design details shall be provided in all proposed development and shall be determined by use of the following criteria: 1) Equipment and utilities. a) Utility boxes and other similar equipment should be located where they are well screened from public view. b) Mechanical equipment on the site shall be appropriately screened from view. 2) Fences/Walls. a) Fencing, walls.. solid waste enclosures, and accessory structures should be harmonious with the principal structure and other structures on the site. 3) Landscaping. Landscaping should be designed in a way as to accent the property. Special effort should be given to colorful, creative, and varied planting designs that use native and native - compatible species that provide visual interest and water efficiency. Attention shall be given to selecting parking lot trees that provide shade. All landscaping shall conform to the provisions of Chapter 13.08 (Water Efficient Landscapes). d. Lighting. 1) Lighting shall be located so as to avoid glare and to reflect the light away from adjoining property and rights -of -way while recognizing the importance of security. 2) Wall- mounted lighting fixtures should be decorative and be compatible with the architectural style of the structure(s). Wall packs and fixtures that spread uncontrolled light shall be prohibited. 3) Pole- mounted lighting should be of an appropriate scale to compliment the structure that it serves. Wherever possible, decorative poles and fixtures should be used. C. Aotien on appliGations and review GiFiteiria. Findings and decisions. The Planning Commission or the D FeGtOF Of RaRRIRg Community Development Director where authorized, may approve, approve with conditions, or disapprove any application based on the following criteria: 1. The plans indicate proper consideration for the relationship between the proposed building and site developments that exist or have been approved for the general neighborhood, 2. The plan for the proposed building and site development indicates the manner in which the proposed development and surrounding properties are protected against noise, TITLE 1 --ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 68 AND ZONE SPECIFIC STANDARDS vibrations and other factors which may have an adverse effect on the environment, and the manner of screening mechanical equipment. trash, storage and loading areas, 3. The proposed building or site development is not, in its exterior design and appearance, so at variance with the appearance of other existing buildings or site developments in the neighborhood as to cause the nature of the local environment to materially depreciate in appearance and value, 4. The proposed building or structure is in harmony with the proposed developments on land in the general area, especially in those instances where buildings are within or adjacent to land shown on the General Plan as being part of the Civic Center or in public or educational use, or are within or immediately adjacent to land included within any precise plan which indicates building shape, size or style; 5. The proposed development is in conformity with the standards of this Code and other applicable ordinances in so far as the location and appearance of the buildings and structures are involved, and 6. The site plan and the design of the buildings, parking areas, signs, landscaping, luminaires and other site features indicates that proper consideration has been given to both the functional aspects of the site development, such as automobile and pedestrian circulation, and the visual effect of the development f. ^m the vie • of b' ^ streets when viewed from the public streets D. Appeals. The applicant or any person aggrieved by the decision of the Planning Commission may file an appeal to the City Council on any ruling by the Planning Commission by filing a written request in compliance with appeal procedures outlined in Chapter 17.160. E. Issuance of other required permits and approvals. Grading shall not be commenced and no structure shall be altered, enlarged, erected, moved, or rebuilt subject to the provisions of this Chapter, except in compliance with the approved development plans and the conditions imposed on the review. 2. Expiration. Construction of improvements permitted by a Design Review approval shall be "exercised" or commenced within twelve (12) months of the actual date of approval, provided that this time limit may be increased or decreased, at the time of granting the TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 69 AND ZONE SPECIFIC STANDARDS approval, in order to allow the time limit to be concurrent with any other entitlement to construct identified in this Zoning Code. 3. Extension. An extension of time for a Design Review maybe granted by the Planning Commission upon the written request of an interested person filed with the Community Development Department prior to the expiration of such twelve (12) months period. Such request shall set forth the reasons, supported by factual data, why the plan has been unused, abandoned, or discontinued. No extension of time shall be granted unless the Commission finds the facts to be substantially true as set forth and to constitute justifiable cause for such extension. A fee shall be paid to the City upon the filing of each request for an extension in an amount established by the City Council from time to time by resolution, for the purpose of defraying the expenditures incidental to the proceedings set forth in this Chapter. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 70 AND ZONE SPECIFIC STANDARDS 17.28.030 Residential /Commercial Mixed -Use Development Overlay (RC -MUDO) Zone. Sub - sections: A. Applicability. B. Approval procedure. C. Permitted uses. D. Development standards. E. General requirements. A. Applicability. 1. The RC -MUDO is an overlay zone, which may be applied to existing zoning districts as designated in the General Plan. 2. Land classified in a RC -MUDO overlay zone shall also be classified in another zone. When such a district is established, the Residential /Commercial Mixed -Use Development Overlay Zone shall be shown as an overlay to the underlying districts by the designation of RC -MUDO on the zoning map. A RC -MUDO may overlay several base districts, however, the uses permitted in each base district are limited to the boundaries of that base district, except as otherwise provided herein. The RC -MUDO Zone district shall provide the option of developing under the base zone district or developing a residential /commercial mixed -use development under the overlay zone. 3. Residential /commercial mixed -use development shall be a development that combines and integrates residential uses with commercial, institutional, and office uses utilizing a strong pedestrian orientation. The mix of uses may be combined in a vertical residential /commercial mixed -use building or combined in separate buildings located on one property and /or under unified control. The mix of uses percentage shall be as designated in the General Plan. B. Approval procedure. 1. A precise plan of design for a residential /commercial mixed -use development shall be submitted, and approved in accordance with the requirements of Chapter 17.28, Section 17.28.020 (Design Overlay (D -O) Zone). with the exGeptieR that the Got 2. The PFesise plan of design Site Plan and Design Review must comply with the provisions of this Chapter and the Mixed Use Design Guidelines. 3. Only one (1) application fora PFeeise plan of deskp Site Plan and Design Review shall be required for a residential /commercial mixed -use development in the D Design Overlay Zone. TITLE 17 -ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 71 AND ZONE SPECIFIC STANDARDS C. Permitted uses. 1. The following uses are permitted in a residential /commercial mixed -use development: retail stores and businesses, provided there is no manufacturing, processing or treatment of products other than what is clearly incidental to the retail business conducted on the premises, and not more than twenty (20) percent of the floor area of the building shall be used in the manufacturing, processing or treatment of products, and that such operations or products are not objectionable due to noise, odor, dust smoke, vibration or other similar causes; • Art studios; • ATM facilities subject to the requirements of Section 17.28.030.E.1 • Bakery products shops; • Banks, savings and loan associations, and financial institutions, excluding check cashing or other pay day loan services; • Barber shops, beauty shops and manicure parlors; • Book stores; • Clothing and shoe stores; • Confectionery retail shops; • Department and variety stores; • Drug stores and pharmacies; • Dry cleaning stores, drop -off and pick -up only; • Electric appliance stores and repairs; • Employment agencies; • Fabric and yardage stores; • Florist shops; • Food stores, bakery shops, delicatessens and markets; • Furniture stores, limited to new furniture, except that used furniture taken in trade may be sold provided used furniture sales do not exceed twenty -five (25) percent of the gross floor area or twenty -five (25) percent of total retail floor area, whichever is less; • Grocery, fruit and vegetable stores; • Hardware stores; • Health centers, and similar personal service establishments, with massage as an incidental use and occupying no more than twenty -five (25) percent of the floor area (Administrative Use Permit Required); • Hobby shops; • Interior decorating shops; • Jewelry stores; • Music stores; • Paint stores; • Pet supply stores; • Photo -copy, printing or deskiep fasiGties office supply; • Photographic studio, supply shop, or film pick -up and drop -off point; • Radio and television stores and repair; • Restaurants, take -out and other eating establishments; • Retail sales of automotive parts without installation and no outside storage; • Self- service laundries subject to the requirements of Section 17.28.030.E.5 • Shoe stores or shoe repair shops; TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 72 AND ZONE SPECIFIC STANDARDS • Tailor, clothing or wearing apparel shops; and • Travel agencies. 2. The following professional and business office uses are permitted in a residential /commercial mixed -use development: • Accountant; • Acupuncturist and acupressure, without massage or retail sales; • Advertising agency; • Architect; • Attorney; • Auditor; • Bookkeeping service; • Business consultant; • Chiropodist; • Chiropractor; • Dental office; • Engineer; • Governmental buildings and offices; • Insurance agency; • Optician; • Optometrist; • Ophthalmologist; • Osteopath; • Physician; • Psychiatrist, Psychologist, or Counseling Services; • Real estate broker; • Secretarial service; • X -ray technician; and 3. Similar professional business uses may be permitted subject to the Community Development Director making the findings set forth in Section 17.04.040. 4. Netwothstanding the PF0ViSiGR6 of SeGlimen 17.132.020, The following uses shall be the only uses for which a Conditional Use Permit may be applied for and granted in a residential /commercial mixed -use development: Antique StWes; • Any commercial use that operates after midnight; • Any eating establishment with outdoor seating; • Any establishment having an off -sale license for alcoholic beverages; • Any establishment having an on -sale license for alcoholic beverages; • Afsades Commercial recreation and entertainment; • Convenience markets subject to the requirements of Section 17.28.030.E.3; and • Libraries and museums TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 73 AND ZONE SPECIFIC STANDARDS 5. Residential units shall be permitted in a residential /commercial mixed -use development provided that the densities shall be consistent with the General Plan. 6. Location of Uses. a. Retail /commercial uses shall be permitted on the ground floor or second floor in a residential /commercial mixed -use development. b. Retail /commercial uses shall not be permitted above any professional and business office uses or residential uses. c. Professional and business office uses shall be permitted above the commercial component of a street frontage building, behind the commercial component on the first floor or on second floor or above with same use street frontage but below any residential uses in a residential /commercial mixed -use development. 1) Exception. If a residential /commercial mixed -use development is located at corner that abuts a local residential street, professional office uses may be permitted on the first floor within the portion of the development that abuts the local residential street, provided that the corner tenant is reserved for a commercial /retail use. d. Residential uses shall be located either above the commercial and /or office components of a street frontage building or located behind the commercial or office component on any floor where there is a distinct separation of uses and access, provided pedestrian connections are furnished as part of a unified development theme. D. Development standards. 1. Public Realm and Streetscape. a. Public Sidewalks. The following shall apply to public sidewalks: 1) The minimum building setback shall be twelve (12) feet as measured from the curb face, and shall be in the form of both existing right -of -way and a recorded pedestrian access and utility easement; 2) The minimum building setback area shall include a minimum seven -foot wide detached sidewalk (clear zone) and a minimum five -foot wide parkway (amenity zone) adjacent to all streets. The amenity zone shall be located between the curb face and the clear zone. The clear zone shall be located between the building and the amenity zone; 3) The sidewalk in the clear zone shall be constructed of concrete, comply with ADA accessibility standards and be subject to the review of the City Engineer; TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 74 AND ZONE SPECIFIC STANDARDS 4) The clear zone shall be unobstructed by any permanent or nonpermanent element for a minimum width of seven (7) feet and a minimum height of eight (8) feet: and 5) The amenity zone shall include street trees, landscaping, public signs, public art, street lighting, street furniture, and other pedestrian- oriented amenities, as appropriate. b. Street Trees. 1) All species of mature oak trees shall be preserved or otherwise dealt with in accordance with Article 4, Chapter 17.104. 2) The removal of other mature trees shall be subject to the review and approval of the Urban Forester. 3) Mature street trees that are approved for removal by the Urban Forester shall be replaced with a minimum of three (3) new mature box trees that have at least a 24- inch box and are the same species of the replaced mature street trees or a species approved by the Urban Forester. The City reserves the right to increase the number of trees if it deems necessary in order to compensate for mature tree loss. 4) The amenity zone shall be planted with street trees at an average spacing not greater than thirty (30) feet on center. c. Transit Stops. 1) Transit stops shall be designed as integral elements of a residential /commercial mixed -use development by collocating them with pedestrian- oriented amenities, such as pocket parks, courtyards, plazas, etc., whenever possible. 2) When an existing transit stop is located on a sidewalk adjacent to the location of a development, a shelter for transit patrons shall be constructed that: a) Incorporates architectural features of the development and is compatible with the development, and b) Includes a shelter, bench and lighting. J. Corner Lot. 1) On intersection corners, where both streets have four (4) lanes: a) Building architecture on intersection corners, where both streets have four (4) lanes or more, shall receive special treatment to enhance the pedestrian experience, and create visual interest and focal points at the entryways, such as, but not limited to, building cut -offs and corner entrances with additional architectural detail, decorative landscaping, hardscape, planters, canopy, overhang or other architectural covering over the building entry, and b) Buildings shall have a five -foot angled corner setback measured from both intersecting property lines. 2) On intersection corners, regardless of the number of lanes on each street: a) Retail and office uses within buildings facing two (2) or more streets shall have at least one (1) customer entrance facing the primary street and one (1) customer entrance facing the second street or instead of two (2) entrances, a corner entrance, and b) Buildings on corner lots shall address both streets with an equal level of architectural detail. TITLE 17 -ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 75 AND ZONE SPECIFIC STANDARDS e. Outdoor Seating. 1) No permanent seats or structures shall be placed in the public right -of- way without the review and approval of the City Engineer. 2) Outdoor seating furniture shall not be located within the clear zone without prior review and approval of the City Engineer. 3) Outdoor seating furniture shall be a minimum of ten feet from the nearest transit stop. 4) Any outdoor dining area may be separated from the sidewalk only with planters, shrubs, or fencing with a maximum height of forty -two (42) inches. Undergrounding of Utilities. 1) Utility lines to a development from the building to the property line, including, but not limited to, electric, communications, street lighting and cable television shall be placed underground. 2) Utility lines within the right -of way shall be placed underground to the maximum extent practicable. The requirements of this section may be waived by the City Ceansil Planning Commission upon recommendation from the City Engineer if it is determined that topographical, soil or any other conditions make such underground installations unreasonable or impractical. 2. Site Design and Circulation. a. Lot Size. The minimum lot size for a residential /commercial mixed -use development shall be thirty thousand (30,000) square feet. b. On -Site Tree Preservation. 1) All species of mature oak trees shall be preserved or otherwise dealt with in accordance with Article 4, Chapter 17.104. 2) The removal of other mature trees shall be subject to the review and approval of the Gity-6eunsil Planning Commission. 3) Mature trees that are approved for removal by the City Gauneil Planning Commission shall be replaced with new mature trees that have at least a 24 -inch box and are the same species of the replaced mature trees. c. Bicycle Parking. 1) Bicycle parking spaces shall be equal to ten (10) percent of required off - street parking, with a minimum of eight (8) bicycle parking spaces per residential /commercial mixed -use development. Bicycle parking facilities shall be: a) Securely anchored to the lot surface so they cannot be easily removed and shall be of sufficient strength to resist theft; b) Separated by a physical barrier to protect the bicycle from damage by motor vehicles if located within a vehicle parking area; and c) Motor vehicle entrances shall display adequate signs to indicate the availability and location of the bicycle parking facilities. d. Access and Location of Off- Street Parking. 1) At -grade parking shall not be located between any building and the street frontage. TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 76 AND ZONE SPECIFIC STANDARDS 2) Vehicular access to corner lot developments shall be from an alley or from a side street. 3) Access to parking on interior lots shall have only one (1) vehicular access, which shall not be from the street if the lot abuts an alley. A second vehicular access may be allowed for lots that have a street frontage of three hundred fifty (350) feet or more and do not abut an alley. Developments on those lots may have additional driveways that are not closer than three hundred (300) feet apart. 3. Parking Requirements. a. Residential: 1) Two (2) parking spaces shall be provided for every dwelling unit, 2) One (1) guest parking space shall be provided for each two (2) dwelling units in a multiple - family dwelling project, 3) Residential parking shall be separate from commercial parking and accessed through a secure gated entrance; and 4) A reduction in the number of residential parking spaces may be approved upon the determination by the 6ity COURGI Planning Commission that a parking demand analysis prepared by a competent traffic and transportation engineer demonstrates, that the required number of spaces exceeds actual expected demand. b. Commercial: 1) The parking requirements shall be provided in accordance with Chapter 17.112, and commercial parking shall be separate from residential parking by a secure gated entrance to the residential areas. 4. Separation of access to residential and commercial. Access to floors with residential units shall be secure and through a locking gate or entry way. 5. Trash and Loading Areas. Trash and refuse collection, and recycling areas shall comply with the following provisions in addition to the requirements set forth in Article 3, Chapter 17.32 (Accessory Structures). a. All trash enclosures shall be fully enclosed with self - closing and self - latching doors, and each enclosure shall accommodate both trash and recycling bins. b. Trash enclosures shall be an integral part of the building design whenever possible. c. Trash enclosures shall be of the same architectural style as the development. d. Trash chutes are encouraged. However, chute access must be screened from public view, be fully contained within a "chute closet' that is accessible by a self - latching door, and have a safety hatch that is necessary to pull in order to dispose of trash. e. Loading areas shall be clearly designated. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 77 AND ZONE SPECIFIC STANDARDS f. Loading areas shall be screened from public view to avoid negative noise, visual, and illumination impacts on the residential portion of the development and may be accomplished by the construction of six -foot high perimeter walls that are architecturally compatible with the primary structures and on -site landscaping. g. All screening walls shall be landscaped using vines, hedges, or other plant material necessary to provide a minimum fifty (50) percent coverage. h. Trash pick up and loading activities are permitted only during the hours of 7:00 a.m. to 7:00 p.m. 6. Ground Floor Access. a. Commercial uses that have street frontage shall be accessible to the public through the street front entrance during all hours the business is open. b. Residents of a development shall have a separate and secure street access to the residential units. c. Pedestrian walkways or sidewalks shall connect all primary building entrances to one another. Pedestrian walkways shall also connect all on -site common areas, parking areas, storage areas, open space, and recreational facilities. 7. Open Space and Recreation. a. Usable Common Open Space. 1) Each residential /commercial mixed -use development shall have at least one hundred fifty (150) square feet of usable common open space per dwelling unit. 2) All usable common open space shall be conveniently located and readily accessible from all residential units in a residential /commercial mixed -use development. 3) Each usable common open space shall have no side with a dimension of less than ten (10) feet and may incorporate any areas of the site except where it is within five (5) feet of public rights -of -way, private streets and alleys, and shall not include or incorporate any driveways or parking areas, trash pickup or storage areas, utility areas, or on any rooftop where mechanical equipment is located. 4) Forty -five (45) percent of the required usable common open space shall provide active recreation facilities such as recreational buildings, sports courts and swimming pools, children's play areas, and barbeque and picnic areas. The remainder of the required usable common open space shall be landscaped, accessible and available to all of the residents of the residential /commercial mixed -use development for outdoor activities. 5) There shall be a minimum distance of fifteen (15) feet measured horizontally between any swimming pool and the nearest point of any balcony, porch, second story patio, sun deck, or other architectural feature of a building TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 78 AND ZONE SPECIFIC STANDARDS or structure with windows, doors, or other openings of sufficient size to permit the passage of persons. 6) Courtyards internal to a project, or enclosed on at least three (3) sides, shall have a minimum width of forty (40) feet, and shall be landscaped with a ratio of hardscape to planting not exceeding a ratio of one (1) square foot of landscape to one (1) square foot of hardscape. Pools and spas shall be excluded from this ratio. 7) All required usable common open space shall be developed and professionally maintained in accordance with approved landscape and irrigation plans. b. Usable Private Open Space. 1) Each dwelling unit shall also have a private patio or balcony for usable private open space that is not less than sixty (60) square feet in area, and shall have an average depth of not less than five (5) feet. 2) No portion of any private patio or balcony shall be used for the permanent storage of rubbish, junk, clotheslines, or garbage receptacles. "Permanent storage," as used in this subsection, means the presence for a period of forty - eight (48) or more consecutive hours on a patio or balcony. 8. Landscaping. 1. A landscape and irrigation plan shall be prepared by a professional landscape architect and shall be submitted and approved by the Planning Division along with the application fora pFerise plan of design Site Plan and Design Review. 2. All usable open space, such as pedestrian walkways, separations between buildings, yard areas, and common recreation areas shall be landscaped and provided with permanent, moisture - sensing devices, control timer, and underground irrigation systems. 3. Said landscaping shall be developed in accordance with the submitted and approved landscaping plan and shall include a plan for continued maintenance. The landscape plan shall satisfy the following requirements: 1) The landscaping plan shall consist of a combination of trees, shrubs and groundcovers with careful consideration given to size at maturity. 2) The minimum planting material size standards for identified landscaped or open areas are: a) Specimen size tree materials (30 -inch box) shall be provided for the ultimate coverage of no less than ten (10) percent of the area to be devoted to landscaping, or ten (10) trees, whichever is greater. b) Tree material (15- gallon) shall be provided for the ultimate coverage of fifteen (15) percent of the area devoted to landscaping, or twenty (20) trees, whichever is greater. c) All shrubs shall be a minimum of five (5) gallons in size and shall be used to enhance all entrances, walkways, building walls, and separation walls in a manner which compliments the entire project. 3) The landscape and irrigation plan shall make use of moisture sensors and controlled timing devices in regard to landscape irrigation concept for one hundred (100) percent watering to all planted areas. TITLE 17 -ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 79 AND ZONE SPECIFIC STANDARDS 4. Landscape design must incorporate energy and water conservation measures, and comply with RMC Chapter 13.08, Water- Efficient Landscapes, where applicable. 5. Non - deciduous trees shall be planted in uncovered surface parking lots at a minimum of one (1) tree per ten (10) spaces or to provide a fifty (50) percent shade canopy coverage within a minimum of ten (10) years after planting. All trees within the parking area shall be a minimum of 24 -inch box size at planting. However, larger trees (e.g., 36 -inch box and 48 -inch box) may be required by the Sity Geunsit Planning Commission. Each tree shall have a deep root watering system and a root barrier. 6. The developer and subsequent owners shall be responsible for maintaining the landscaping as shown on the approved plan. Maintenance shall include regular irrigation, weeding, fertilizing, and pruning and replacement of dead materials. 9. On -Site Facilities. a. A laundry area shall be provided in each unit, or a common laundry area shall be provided. Such facilities shall consist of not less than one (1) automatic washer and dryer for each five (5) units or fraction thereof. b. A single area of private and secure storage space shall be provided for each dwelling unit. Such storage may be co- located with a utility closet so long as the required storage space remains clear of mechanical equipment and appurtenances, be located outside of the unit accessible from a common hallway or balcony /patio, or in the garage, provided it does not interfere with automobile parking. 10. Lighting. a. A photometric survey (lighting plan) shall be approved by the Gity Gouneit Planning Commission for each mixed -use development. c. All residential /commercial mixed -use developments shall have exterior lighting that provides adequate visibility at entrances, public sidewalks and open areas with a safe level of illumination at night. d. Exterior lighting shall be of low intensity and shielded so that light will not spill out onto surrounding properties or project above the horizontal plane. e. Lighting shall not blink, flash, oscillate or be of unusually high intensity of brightness. Exposed neon or unshielded or uncovered lighting shall be prohibited. f. Lighting for commercial uses shall be appropriately shielded to not negatively impact the on -site residential units. TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 80 AND ZONE SPECIFIC STANDARDS g. All lighting shall be integrated with landscaping wherever possible. 11. Walls and Fences. a. A six -foot high masonry wall shall be constructed along the property line of any lot where construction of any residential /commercial mixed -use development is adjacent to property zoned and or used for residential purposes. Said wall shall be limited in height to forty -two (42) inches where it abuts the required front yard setback on the adjacent property zoned or used for residential purposes. b. Walls shall have a decorative texture that matches the walls of the development. Vines shall be planted six (6) feet apart along all masonry walls to soften a wall's appearance. c. Chain -link, wood fences, barbed wire, razor -wire, and spikes shall be prohibited. 12. Building Form. a. Setbacks. 1) Interior Lot Lines. The minimum setback area from an interior side lot line may be zero but shall be a minimum of ten (10) feet if more than zero (0). If the site abuts residential uses, school or park a minimum ten (10) foot setback is required. 2) Side Street. No minimum setback is required except where rear of lot abuts side of residential uses, school or park, in which case a setback of twenty (20) feet shall be maintained within twenty -five (25) feet of the established common property line. This required setback area may be used to meet the landscaping requirements, or for required open space, so long as all other provisions in this Code are satisfied. 3) Rear. a) If the site abuts residential uses, school or park a minimum ten -foot setback is required. b) If the site abuts nonresidential uses, the minimum setback from the rear lot line may be zero but shall be a minimum of ten (10) feet if more than zero (0). (1) If the site abuts an alley, the minimum setback from the property line shall be ten (10) feet, provided the setback does not contain an egress or ingress access way to or from a covered parking structure. If an egress or ingress access way is provided to or from a covered parking structure, the minimum setback from the property line shall be twenty (20) feet within the access way area. 4) Front. a) The front setback on an arterial street may be zero with a maximum setback of three (3) feet. In any case where the public sidewalk setback results in a greater setback, the sidewalk setback shall prevail. The setback area for the ground floor may be expanded beyond three (3) feet up to an additional ten (10) feet to provide enhanced building entrances, outdoor dining areas, courtyards, pedestrian arcades, and /or landscaping, etc. 1l C) TITLE 17 -ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 81 AND ZONE SPECIFIC STANDARDS 5) Parking Lot Abutting Public Street. Any area of a surface parking lot that abuts a public street shall be set back from the sidewalk a minimum of ten (10) feet and screened by landscaping and a decorative three -foot high masonry wall. Landscaping shall include trees planted a maximum of twenty -five (25) feet on center and other plantings to achieve sixty (60) percent ground coverage within two (2) years of planting. b. Variable Height Setback. All residential /commercial mixed -use developments shall have a variable height limitation when abutting R -1 and R -2 zones in accordance with Section 17.08.050.1. c. Encroachments. 1) No part of the structure, permanent attachment or other similar architectural feature: a) May extend into a required front, side or rear yard or minimum distance between buildings for more than two (2) feet; and b) May extend into the public right -of -way without approval of an encroachment permit. 2) Hedges or any other shrubs or landscaping shall not encroach onto a curb or sidewalk or over a lot line. d. Building Mass. 1) The maximum floor area ratio (FAR) and the number of dwelling units per acre for any residential /commercial mixed -use development shall be as established by the General Plan as outlined and referenced below. 2) Mixed -Use: Residential /Commercial shall be developed with twenty -five (25) to thirty (30) dwelling units per acre and a maximum 1.6:1 FAR. The project shall consist of a 67- percent residential and 33- percent commercial land use mix. Miner Deviations from the land use percentage mix may be approved by the Gity Gaunsil Planning Commission. 3) Mixed -Use: High Density Residential /Commercial shall be developed with forty (40) to sixty (60) dwelling units per acre and a maximum 2.0:1 FAR. The project shall consist of a 75- percent residential and 25- percent commercial land use mix. Miner Deviations from the land use percentage mix may be approved by the City 6eunsil Planning Commission. 13. Height. a. The maximum height of a residential /commercial mixed -use development shall be consistent with the land use element of the General Plan as outlined below. 1) Mixed -Use: Residential /Commercial (twenty -five (25) to thirty (30) du /ac; three (3) stories) shall have a maximum height of forty -five (45) feet. 2) Mixed -Use: High Density Residential /Commercial (forty (40) to sixty (60) du /ac; four (4) stories) shall have a maximum height of fifty -five (55) feet. a) Maximum Height Limit Exception. The Planning Commission may allow the overall height requirement, indicated as maximum feet in this section, to exceed the maximum by no more than five (5) feet upon recommendation from the Community Development Director if it is determined that the TITLE 17 - ZONING ARTICLE 2 -ZONING DISTRICTS, ALLOWABLE LAND USES 82 AND ZONE SPECIFIC STANDARDS additional height would provide unique architectural elements that would enhance the project overall. 14. Screening. a. Rooftops should be designed in a way that acknowledges their visibility from other buildings and the street. Equipment shall be screened on all four (4) sides from both the street and neighboring buildings using parapets or similar architectural features and from the top where visible from an adjacent building of greater height. b. Service and loading zones where visibility from public streets and views from neighboring buildings and properties shall be screened by the use of decorative walls and /or dense landscaping that will serve as both a visual and a noise barrier. 15. Land Use. a. Ground Floor Uses. 1) Notwithstanding Section 17.28.030.C.7.c.1), the ground floor uses on the street frontage shall be retail /commercial. 2) Outdoor seating may be allowed on private property with a conditional use permit. 3) When alcoholic beverages are permitted in outdoor seating areas that are immediately adjacent to a public pedestrian way, the landscape separation physical design and plant material should compliment the design of the building and prevent passing or carrying alcoholic beverages outside the restaurant seating area and a sign shall be posted. b. Vertical Compatibility of Uses. 1) Commercial uses shall be designed and operated such that neighboring residents of residential units on the floors above are not exposed to offensive noise, especially from traffic, trash collection, routine deliveries or late night activity. 2) A conditional use permit shall be required for commercial uses that operate after midnight. 3) No use, activity or process shall produce continual vibrations or noxious odors that are perceptible without instruments at the property lines of the site or within the interior of residential units on the site. 16. Noise Abatement. a. Loudspeakers, bells, gongs, buzzers, or other noise attention or attracting devices that exceed sixty (60) decibels between the hours of 7:00 a.m. and 10:00 p.m. or forty -five (45) decibels between the hours of 10:00 p.m. and 7:00 a.m. at any one time beyond the boundaries of the property or within office or residential uses on the floors above shall not be permitted. b. All windows in residential units in a residential /commercial mixed -use development shall be double - paned. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 83 AND ZONE SPECIFIC STANDARDS c. Mechanical equipment shall be set back a minimum of four (4) feet from any residential property line and shall be insulated to prevent any noise disturbance. d. Residential portions of the project shall be designed to limit the interior noise caused by the commercial and parking elements of the development. Proper design may include, but shall not be limited to, building orientation, double or extra - strength windows, wall and ceiling insulation, and orientation and insulation of vents. 17. Architecture. a. Ground Floor Facade. 1) There shall be articulated facades at the ground floor street frontage, which may include such measures as indentation in plane, change of materials in a complimentary manner, and sensitive composition and juxtaposition of openings. 2) A building shall have no more than twenty (20) feet of continuous linear street - level frontage that is without windows or entrances or other architectural detail. 3) A minimum of fifty (50) percent of the ground floor facade facing any arterial street to a height of eight (8) feet shall be visually transparent into the building or provide a minimum depth of three (3) feet for window merchandise display. Window Placement. Windows of residential units in residential /commercial mixed - use developments shall not directly face windows of other residential units within the residential /commercial mixed -use development, unless there is a distance of 80 feet or more between such windows. Windows of residential /commercial mixed -use developments shall not directly face windows of residential units on lots that abut the residential /commercial mixed -use development in order to maximize privacy. c. Design Differentiation Between Floors. The area where the first floor meets the second floor shall clearly define a change in materials, colors, and style between the first and second floors. 18. Signs. a. A uniform sign program shall be approved by the Planning Division for each residential /commercial mixed -use development. b. Permitted sign types shall be limited to wall, window, awning and monument signs and shall not be located above the first floor. c. Building- mounted signs, including wall, window and awning, shall not exceed a cumulative total of one (1) square foot of sign area per one (1) lineal foot of building frontage of each business. d. Pole signs shall be prohibited. e. A monument sign shall be used only to identify multiple businesses in the commercial portion of a residential /commercial mixed -use development based on the following criteria: TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 84 AND ZONE SPECIFIC STANDARDS 1) One -third square foot of monument sign area per one (1) lineal foot of lot frontage with a maximum of fifty (50) square feet. 2) The entire sign structure shall be considered as sign area. 3) The sign copy area shall not exceed sixty (60) percent of the background wall area. 4) All monument signs shall contain only the name of the development and /or the names of the businesses. 5) Monument signs shall not encroach into any required landscaped setback area when abutting open areas or encroach more than one -half the required landscaped setback area when located in front of a building. 6) Sign copy shall be back - lighted or indirectly lighted. 7) The background wall of the monument sign shall not exceed six (6) feet in height. 8) A maximum of one (1) sign per development. 9) The monument sign shall be setback a minimum of three (3) feet from the property line at a location where the building is setback a minimum of ten (10) feet. 19. Roofline Variation. a. Flat roofs are preferred and shall be screened with parapets on all sides of the building. If no rooftop equipment exists or is proposed the parapet shall be a minimum of three (3) feet in height. b. Where architecturally appropriate, sloped roofs shall provide articulation and variations to divide the massiveness of the roof. Sloped roofs shall include eaves, which are a minimum of eighteen (18) inches in width. Sloped roofs shall screen mechanical equipment by providing a 'roof - well', or by placing the equipment within the roof structure. c. All rooflines in excess of forty (40) feet wide must be broken up through the use of gables, dormers, plantons, cutouts or other appropriate means. 20. Awnings. a. Awnings may encroach into the public right -of -way by extending over the sidewalk or parkway with review and approval from the City Engineer and Building Official. b. Awnings, arcades, and galleries may encroach into the sidewalk within two (2) feet of the curb but must clear the sidewalk vertically by at least eight (8) feet. c. Projections beyond the front or exterior side lot line of a corner lot shall require the review and approval of the City Engineer and the Building Official. 21. Mechanical Equipment. a. Wall- mounted equipment shall be flush with the exterior building walls and painted to match the color of the exterior of the building and screened from the view of any public right -of -way. Window- mounted air conditioners or exterior- mounted fans shall be prohibited. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 85 AND ZONE SPECIFIC STANDARDS b. Ground - mounted and pad- mounted mechanical or utility equipment and other such similar equipment shall be screened from view from all public rights -of -way and adjacent properties by architectural building features, fencing or landscaping. E. General requirements. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE AND ZONE SPECIFIC STANDARDS M. . ............ . ......... .... . ... TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE AND ZONE SPECIFIC STANDARDS TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 87 AND ZONE SPECIFIC STANDARDS Use of Green Construction Materials and Energy and Water Conservation Features. The following types of green building practices are encouraged: a. Developments that use materials composed of renewable, rather than nonrenewable resources (green construction materials). b. Developments that construct buildings that exceed minimum statewide energy construction requirements beyond Title 24 energy requirements. c. Developments that employ passive heating and cooling design strategies to the maximum extent feasible. Strategies to be considered include orientation, natural ventilation, including cross - ventilation in residential units, high insulation values, energy efficient windows including high performance glass, light- colored or high- albedo (reflective) roofing and exterior walls, window shading, and landscaping that provides shading during appropriate seasons. d. Developments that implement U.S. EPA Certified Water Sense labeled or equivalent faucets and high- efficiency toilets (HETs) in residential uses, and implement water conserving shower heads to the extent feasible. e. Developments that provide Energy -Star rated appliances in the residential units. 2. Automated Teller Machines (ATMs) and Walk -Up Bank Services. a. ATM facilities shall be located only on the public street side of a residential /commercial mixed -use development. b. The ATM shall be set back three (3) feet into an alcove adjacent to the public sidewalk to provide a privacy area. c. Adequate lighting for the ATM shall be provided. d. The ATM shall provide rear -view mirrors and cameras that can record activity and have quality color video capabilities for surveillance purposes. e. The ATM shall comply with ADA accessibility standards. f. A trash receptacle shall be immediately accessible to the ATM. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 88 AND ZONE SPECIFIC STANDARDS g. ATMs and walk -up bank services are subject to the approval of the Planning Division. h. When the ATM is removed, the structure's facade shall have a finished appearance consistent with the existing structure, and be subject to the approval of the Planning Division. 3. Convenience Markets. a. A convenience market in a residential /commercial mixed -use development shall be a market or grocery store having an enclosed gross floor area of less than three thousand (3,000) square feet and engaged primarily in the sale of a limited range of food items, a limited range of household items, magazines, off -sale alcoholic beverages and similar items but not including produce or fresh meat. b. Convenience markets in a residential /commercial mixed -use development shall satisfy the following criteria: 1) A convenience market shall be permitted with a conditional use permit. 2) No exterior vending machines shall be permitted. 3) No video, electronic or other amusement devices or games shall be permitted on the premises. 4) No outdoor storage or stacking of shopping carts shall be permitted. 5) No storage, display, or sales of any merchandise, fixtures or other material shall be permitted outside the building. 4. Household Pets. If permitted by the property owner, or specifically allowed by the right granted in the covenants, conditions and restrictions (CC &Rs) of the project, household pets subject to the requirements of Title 6 of the Rosemead Municipal Code may be allowed in the residential units of a residential /commercial mixed -use development. 5. Self- Service Laundries. a. Any self- service laundry in a residential /commercial mixed -use development shall be operated with at least one (1) attendant on -site during all hours of operation. b. The restroom facilities located within the self- service laundry shall remain locked at all times until access is provided to customers by means of a key provided by the self- service laundry attendant. c. Signs shall be posted in a conspicuous place inside the self- service laundry that notifies patrons that loitering, panhandling and /or the consumption of alcoholic beverages upon the premises is prohibited. d. Window signs shall not be permitted. e. All laundry carts shall remain inside the building. f. No video, electronic or other amusement devices or games shall be permitted in the self- service laundry. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 89 AND ZONE SPECIFIC STANDARDS g. There shall be a maximum of three (3) vending machines at the self- service laundry and all of the vending machines shall be located inside the building. h. Clear windows shall be provided at the entry and along the storefront to provide visibility into the unit. 6. Special Activities. a. The sale of any goods on a sidewalk or alley adjacent to a residential /commercial mixed -use development may be permitted in compliance with Chapter 17.76 (Outdoor Sales and Garage Sales). shall be prohib ted. b. 2) The use of temPOFaFy baRRers shall be limited to Me events peF year. The use of a temporary banneF at each event shall be fOF a maximum of th rty-� days. if a tempeFary banneF is used f9F mare than th Fly (30) days, the 3) There shall be a maximum of two tempeFaFy banneFs peF event. 4) The maximum size ef a teFnpeFaFy banReF shall be thFee feet by ten feet b. Traditional noncommercial holiday decorations that do not contain advertising shall be permitted. c. The display of no more than three (3) of any of the following flags shall be permitted at the same time at any single location on a residential /commercial mixed -use development: 1) The flag of the United States; 2) The flag of the State of California or its political subdivisions. d. PFAh,-b tpd Advert s Fig and Display. The follow F;g advert s ng and displays shall be proh bited; 2) inflatable adye FtiG g displays 3) Roof ITIOURted d splays ef flags, peRRaRtS or pennaRt type banneFs, balleaRs, 4) Flags, banReFS OF balloons displayed in a !andsGape area eF OR a fence. 7. Used Goods. a. Used goods, furniture, appliances, equipment and machinery may not be displayed or sold unless such goods have been taken in trade on new sales made at the same location. b. All sales of used goods, furniture, appliances, equipment and machinery shall be incidental to the permitted uses of the overlay zone and shall be a minor part of the business conducted on the premises. TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 90 AND ZONE SPECIFIC STANDARDS ARTICLE 3 Reserved ARTICLE 3 REGULATIONS FOR SPECIAL USES AND STRUCTURES Chapter 17.30 STANDARDS FOR SPECIFIC LAND USES Sections: 17.30.010 Purpose. 17.30.020 Applicability. 17.30.030 Adult businesses. 17.30.040 Alcohol beverage sales. 17.30.050 Automated teller machines (ATMs) and walk -up bank services. 17.30.060 Automobile car wash (full service and self- service). 17.30.070 Automotive lube and tune facility. 17.30.080 Automotive service station. 17.30.090 Body art. 17.30.100 Donation boxes - outdoor. 17.30.110 Drive - through or drive -up facilities. 17.30.120 Emergency shelters and temporary aid centers. 17.30.130 Hotels and motels. 17.30.140 Internet cafe and game arcade. 17.30.150 Karaoke KTV studios. 17.30.160 Large and small family day care facilities. 17.30.170 Outdoor dining. 17.30.180 Recycling facilities. 17.30.190 Second dwelling units. 17.30.200 Single room occupancy (SRO). 17.30.010 Purpose. This Chapter provides site planning, development, and /or operating standards for certain land uses that are allowed by Article 2 (Zoning Districts, Allowable Land Uses. and Zone Specific Standards) within one or more zoning districts but that require special standards to mitigate their potential adverse impacts. 17.30.020 Applicability. The land uses and activities covered by this Chapter shall comply with the provisions of the Sections applicable to the specific use, in addition to all other applicable provisions of this Zoning Code. A. Where allowed. The uses that are subject to the standards in this Article shall be located in compliance with the requirements of Article 2 (Zoning Districts, Allowable Land Uses, and Zone Specific Standards). B. Land use permit requirements TITLE 17 - ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES 1 The uses that are subject to the standards in this Article shall be authorized by the land use permit required by Article 2, except where a land use permit requirement is established by this Article for a specific use. C. Development standards. The standards for specific uses in this Chapter supplement and are required in addition to those in Article 2 (Zoning Districts, Allowable Land Uses, and Zone Specific Standards) and the City Code. In the event of any conflict between the requirements of this Chapter and those of Article 2, the requirements of this Chapter shall control. 17.30.030 Adult businesses. Sub - sections: A. Purpose. B. Locational requirements. C. Adult business license required. A. Purpose. The purpose of this chapter is to establish a comprehensive set of regulations applicable to the location of adult businesses within the City. The words and phrases used in this section are governed by the definitions contained in Chapters 5.08 and 5.10 of this code. (Ord. No. 903, § 9, 4- 12 -11) B. Locational requirements. 1. Permitted Districts. Adult businesses are permitted in the M -1 Zone. 2. Locational Standards. Adult businesses may not be located: a. Within five hundred (500) feet of any property zoned R -1, R -2, R -3, or any lot where there is an actual residential use within the City limits; b. Within five hundred (500) feet of any churches or other places used exclusively for religious worship, whether inside or outside of the City limits; c. Within five hundred (500) feet of any public or private school (grades K -12) or child care establishment, whether inside or outside the City limits; d. Within five hundred (500) feet of any public park or playground, or any city facility, including, but not limited to, city hall, the city library, and any police or fire station; e. Within five hundred (500) feet of any property upon which is located a business with a Type 40, 42, 48 or 61 on -site alcoholic beverage license; f. Within one thousand (1,000) feet of any other adult business, whether inside or outside the City limits; g. Within one thousand (1,000) feet of any massage establishment, whether inside or outside the City limits. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES The distances specified in this division section will be measured in a straight line, without regard to intervening structures, from the nearest property line of the premises in which the proposed adult business is to be established to the nearest property line of a use or zoning classification listed above. C. Adult Business License Required. Adult businesses must obtain and maintain an adult business license in compliance with all applicable requirements of Chapter 5.08 of this code. Adult business performers must obtain and maintain an adult business performer license in compliance with all applicable requirements of Chapter 5.10 of this code. (Ord. No. 903, § 9, 4- 12 -11) 17.30.040 Alcohol beverage sales. Sub - sections: A. Purpose. B. Applicability. C. Operating standards. D. Signs. E. Permit requirements. A. Purpose. The purpose of this section is to preserve a healthy and safe environment for residents and businesses by establishing a set of consistent standards for the safe operation of retail alcohol sales establishments. It is recognized that hospitality, entertainment, recreation and related businesses are a significant part of the City's economy, and that alcoholic beverage sales are important to the operation of these businesses. It is also recognized that alcohol abuse can create environments that jeopardize the continued success of these businesses and seriously affect the health, safety, and general welfare in surrounding areas, particularly residential neighborhoods. This section provides regulations to reduce the costly and harmful effects of irresponsible alcohol sales and consumption on the City, neighborhoods, local businesses, residents. law enforcement, medical care, and educational, preventive, treatment and rehabilitation resources B. Applicability. The provisions in this Section shall apply to the sale of alcoholic beverages where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following standards. C. Operating standards. This Section establishes operational standards for defined establishments involved in the sale of alcoholic beverages. Alcohol Consumption on Premises Prohibited. Consumption of alcoholic beverages inside a retail alcohol sales establishment, outside the building, or elsewhere outside on the premises shall be prohibited. TITLE 17 - ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES 6 2. Sales Activities. Alcoholic beverages shall not be sold: a. Outside the exterior walls of the alcohol sales establishment, or b. From drive -up or walk -up service windows; 3. Litter and Graffiti. The owner /operator shall: a. Maintain the exterior of the premises, including signs and accessory structures, free of litter and graffiti at all times, b. Provide for daily removal of trash from the premises and abutting sidewalks or alleys within twenty (20) feet of the premises, and 4. Security. The Planning Commission may require on -site security (for example security personnel, security programs, and /or surveillance devices), both inside and outside the building, to satisfy concerns raised by the Chief of Police. 5. Sales training. a. Personnel. Owners, operators, and managers of establishments selling alcoholic beverages shall complete a Licensee Education on Alcohol and Drugs (LEAD) program sponsored by the Department of Alcoholic Beverage Control. b. Records. Records of each owner's and operator's successful completion of the LEAD training program shall be maintained on the premises and shall be presented to a representative of the City upon request. 6. Conditions of approval. The owner /operator shall maintain a copy of the most recent City permit, conditions of approval, and operating standards on the premises and shall post a notice that these are available for review on the premises. The posted copy shall be signed by the permittee. 7. Public telephones. Upon request of the Chief of Police or as required by the ABC, a public telephone located on the premises or in an adjacent area under the control of the owner /operator shall be equipped with devices or mechanisms that prevent persons from calling in to that public telephone. D. Signs. Signs shall comply with Chapter 17.116 (Signs). In addition, the following shall apply: 1. Window signs shall not obstruct the view of the interior of the premises (e.g., sales counter, cash register, employees, customers, etc.) from the exterior. 2. Loitering, open container, and other signs specified by the Alcoholic Beverage Control Act shall be posted as required by the ABC. E. Permit requirements. 1. New Permits. A conditional use permit, obtained pursuant to the provisions of Chapter 17.132 (Conditional Use Permits), shall be required for any business that sells alcoholic beverages for on -site or off -site consumption. This requirement shall apply to any new TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 4 business proposed to locate within the City, as well as to existing businesses applying for a new State permit to sell alcoholic beverages. All required permits and licenses shall be obtained prior to commencement of the use. 2. Required Findings. Prior to approval of a new or modified permit for an alcohol sales establishment. the Planning Commission shall find that the use is consistent with the purpose and intent of this section. This finding shall be in addition to the findings required by Chapter 17.132 (Conditional Use Permits). In making the required finding, the Planning Commission shall consider the following: a. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. b. The numbers of alcohol - related calls for service. crimes, or arrests in the reporting district and in adjacent reporting districts. c. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. d. Whether or not the proposed modification will resolve any current objectionable conditions. 3. The burden of proving that the proposed use will not adversely affect the welfare of nearby residents or detrimentally affect nearby residentially zoned communities, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors shall be the applicant's. 17.30.050 Automated teller machines (ATMs) and walk -up bank services. Sub - sections: A. Purpose. B. Applicability. C. Development standards. A. Purpose. This Section provides the development standards for Automated Teller Machines (ATMs) and walk -up bank services. B. Applicability. The provisions in this Section shall apply to ATMs and walk -up bank services as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards). C. Development standards. 1. The ATM should be set back three (3) feet into an alcove adjacent to the public sidewalk to provide a privacy area. TITLE 17 — ZONING ARTICLE 3 — REGULATIONS FOR SPECIAL USES AND STRUCTURES b 2. Adequate lighting for the ATM shall be provided. 3. The ATM shall provide rear -view mirrors and cameras that can record activity and have quality color video capabilities for surveillance purposes. 4. The ATM shall comply with ADA accessibility standards 5. A trash receptacle shall be immediately accessible to the ATM. 6. ATMs and walk -up bank services are subject to the approval of the Planning Division. 7. When the ATM is removed, the structure's facade shall have a finished appearance consistent with the existing structure, and be subject to the approval of the Planning Division, 17.30.060 Automobile car wash (full service and self- service). Sub - sections: A. Purpose. B. Applicability. C. Development standards. A. Purpose. This Section provides standards for the establishment and operation of new automobile car wash facilities and for the modification or expansion of existing facilities. B. Applicability. The provisions in this Section shall apply to automobile car wash facilities as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts. Allowable Land Uses and Zone Specific Standards) and the following standards. C. Development standards. 1. The architecture of the development shall reflect a sensitivity to the character of the surrounding neighborhood and attempt, where feasible, to be consistent with, or complementary to, neighborhood character. 2. All setback areas, except where used as walkways or drive aisles for vehicles, shall be suitably landscaped and provided with an automatic sprinkler system and moisture - sensing devices. 3. Access and driveways. No site shall have more than two (2) access ways to any one street, and no driveway shall be allowed within twenty (20) feet of a street corner. However, the City Engineer shall have the authority to place additional restrictions on driveways and access as necessary to enhance vehicular and pedestrian safety in the immediate vicinity of the site. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 4. Retail sales. The retail sale of goods is permitted, provided parking is provided as required for retail business. 5. Parking. No vehicle shall be parked on the site other than those belonging to customers and employees. Adequate parking shall be provided for customers and employees. Storage of vehicles is prohibited. See Chapter 17.112 (Off- Street Parking and Loading) for additional parking requirements. 6. Lighting. All outside lighting shall be oriented and shielded to prevent glare, reflection, or any nuisance or hazardous interference with adjacent uses or streets. 7. Water conservation and anti - spillage plans shall be submitted and approved by the Community Development Director. 8. Utilities. All utility services extended to the building shall be installed underground. 9. Restrooms. All restroom entrances facing or visible from a public right -of -way shall be screened by solid decorative screening six (6) feet high. 10. Vehicles to be serviced shall be parked in designated areas only. Such vehicles may not be located in the required off- street parking or landscape areas nor on any public sidewalk, parkway, street or alley. 11. No portion of the lot, outside of the building, shall be used for storage of any type, unless designated and approved by the Community Development Director. 12. All waste materials shall be handled and disposed of in accordance with local, State, and Federal laws and policies. No waste material shall be washed or poured into any public alley, street, storm drain or sewer. 17.30.070 Automotive tube and tune facility. Sub - sections: A. Purpose. B. Applicability. C. Development and operating standards. A. Purpose. This Section provides standards for the establishment and operation of new automotive lube and tune facilities and for the modification or expansion of existing facilities. B. Applicability. The provisions in this Section shall apply to automotive tube and tune facilities as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts. Allowable Land Uses and Zone Specific Standards) and the following standards. C. Development and operating standards. TITLE 17 -ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES 7 1. Retail sales. The retail sale of goods is permitted, provided parking is provided as required for retail business. 2. Parking. No vehicle shall be parked on the site other than those belonging to customers and employees. Adequate parking shall be provided for customers and employees. Storage of vehicles is prohibited. See Chapter 17.112 (Off- Street Parking and Loading) for additional parking requirements. 3. Access and driveways. No site shall have more than two (2) access ways to any one street, and no driveway shall be allowed within twenty (20) feet of a street corner. However, the City Engineer shall have the authority to place additional restrictions on driveways and access as necessary to enhance vehicular and pedestrian safety in the immediate vicinity of the site. 4. Utilities. All utility services extended to the building shall be installed underground. 5. Restrooms. All restroom entrances facing or visible from a public right -of -way shall be screened by solid decorative screening six (6) feet high. 6. Vehicles to be serviced shall be parked in designated areas only. Such vehicles may not be located in the required off - street parking or landscaped areas nor on any public sidewalk, parkway, street or alley. 7. No portion of the lot, outside of the building, shall be used for storage of any type, unless designated and approved by the Community Development Director. 8. Drainage and Pollution Control. Drainage shall be by underground structures to avoid drainage across sidewalks or drive aprons. In addition, a lube and tune facility shall incorporate pollution control best management practices (BMPs) designed to prevent or minimize runoff of oil and grease, solvents, car battery acid, coolant, gasoline. and other pollutants into the stormwater system. The Public Works Director shall approve drainage and pollution control methods, if appropriate. All hazardous waste must be stored within an enclosed building or underground tank. All waste materials shall be handled and disposed of in accordance with local, state and federal laws and policies. No waste material shall be washed or poured into any public alley, street, storm drain or sewer. 17.30.080 Automotive service station. Sub - sections: A. Purpose. B. Applicability. C. Physical site controls. D. Site development standards. A. Purpose. This Section provides standards for the establishment and operation of new automotive service station and for the modification or expansion of existing facilities. B. Applicability. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES d The provisions in this Section shall apply to automotive service stations as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following standards. C. Physical Site Controls. Street Frontage. The minimum street frontage of a service station site shall be not less than one hundred twenty (120) feet on any street. 2. Lot Area. Minimum area required shall be not less than fourteen thousand (14,000) square feet. 3. Setbacks. a. Minimum setbacks for any building shall be not less than ten feet from any property line, and not less than twenty -five (25) feet from any property line which adjoins a dedicated street, except that on any property abutting an alley, buildings may be established on the property line abutting the alley. Overhead canopies not less than ten feet high may extend to not less than two (2) feet of any property line. b. Gasoline pumps, or other facilities for providing automobiles with gasoline, and pump islands on which they are placed, shall be set back not less than fifteen (15) feet from any adjoining property line. c. Additional setbacks may be established by the Planning Commission if deemed necessary to provide for the protection of the safety, health or welfare of the adjacent property owners. 4. Site Development Standards. a. Perimeter Property Line Walls. Where a service station adjoins property in a residential zone a six (6) foot high solid masonry wall shall be constructed adjacent to contiguous side or rear property lines, except that within twenty (20) feet of any street front property line, walls shall not exceed three (3) feet in height. b. Screening. 1) Outside entrances to restrooms shall be screened from view of adjacent properties or street rights -of -way by decorative screening not less than six (6) feet high. The bottom of the screen shall be open twelve (12) inches to eighteen (18) inches above grade for light access and ventilation. 2) Trash Areas. The development shall be improved with solid waste and recyclable material collection in accordance with Chapter 17.32 (Accessory Structures). c. Landscaping. 1) Planters, not less than five (5) feet wide, shall be located and maintained adjacent to every street frontage, unless modification of this requirement is fist obtained from the Planning Commission. 2) No less than one hundred (100) square feet of planting area shall be located and maintained at the intersection of two (2) property lines at a street corner. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 9 3) Unless otherwise approved, raised planters, not less than three (3) feet wide and of appropriate length, shall be located and maintained along the building facades facing any street. 4) All planting areas shall be separated from adjacent paving by a minimum six -inch high curb, or a low planter wall not to exceed three (3) feet in height. 5) All planting, other than trees, shall be of a variety that will not achieve a height greater than thirty (30) inches or that can be maintained at said height. Plantings shall not be thorny or spiked, and shall not extend over any abutting sidewalk. 6) All landscaped areas shall have permanent irrigation systems, and such areas shall be kept planted and maintained. 7) Unless otherwise approved or indicated, planters not less than three (3) feet wide and not less than twenty -five (25) feet in length shall be located and maintained along interior property lines, trees to be planted and maintained not more than thirty (30) feet apart, in said planters. 8) Not less than five (5) percent of the gross service station site shall be landscaped. d. Drainage and Pollution Control. Drainage shall be by underground structures to avoid drainage across sidewalks or drive aprons. In addition, a service station shall incorporate pollution control best management practices (BMPs) designed to prevent or minimize runoff of oil and grease, solvents, car battery acid, coolant, gasoline, and other pollutants into the stormwater system. The Public Works Director shall approve drainage and pollution control methods, if appropriate. All hazardous waste must be stored within an enclosed building or underground tank. All waste materials shall be handled and disposed of in accordance with local, state and federal laws and policies. No waste material shall be washed or poured into any public alley, street, storm drain or sewer. Permitted and Prohibited Activities. 1) Sale, Lease or Rental Items. a) There shall be no sale or distribution of carbonated drinks, candy, coffee, cigarettes, or other similar items, except from dispensers within or abutting the building. b) There shall be no sale or distribution of peat moss, fertilizer, toys or other promotional items except from stock piles located within or to the rear of the building. G) TheFe shall be ne sale, d splay GF adveFtising f9F sale of autemobiles, tFUGks OF tFailers. The lease or rental of autGFnob 'I 1 L GF 4 aIerc shall he d) No commercial vehicles over seven thousand five hundred (7,500) pounds (gross weight), except vehicles operated by the permittee as a normal incidental service station use, shall be permitted to be stored on the site between ten p.m. and six a.m. 2) General operation standards. a) All repair work shall be conducted within the enclosed building. b) Parking areas and drive aisles shall remain unobstructed in a manner to provide for vehicular maneuvering. TITLE 17 - ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES 10 c) Vehicles to be repaired shall be stored or parked in designated areas only. Such vehicles may not be located in the required off - street parking or landscape areas nor on any public sidewalk, parkway, street or alley. d) No portion of the lot, outside of the building, shall be used for storage of any type, unless designated and approved by the Community Development Director. All trash and debris shall be contained within approved trash enclosure(s). Access, Parking and Circulation Requirements. Access Ways— Driveways. a) Each developed site shall not have more than two (2) access ways (driveways) to any one (1) street unless specifically approved by the Planning Commission. b) Access ways shall not be located within five (5) feet of any adjoining residential side property lines. 1) g. Parking. 1) Two (2) parking spaces shall be provided for each working bay in the building and one for each employee on the largest shift. 2) No vehicles may be parked on sidewalks, parkways, driveways, alleys or planting areas. h. Miscellaneous Provisions. 1) Signs as permitted by this Code, except that, Naless when otherwise approved by the Planning Commission: a) There shall be no more than two (2) freestanding name signs, and no portable price or promotional signs. b) There shall be no signs in excess of thirty -five (35) feet in height unless otherwise specifically approved by the Planning Commission. c) Price or promotional signs shall not exceed twelve (12) square feet in face area. Not more than two (2) permanent and internally lighted double -faced signs may be erected on fixed pipe supports, the overall height not to exceed seven (7) feet, or in lieu thereof one sign may be suspended from the station sign or column supporting such sign, with at least seven (7) feet of clearance from the ground level. Location of such signs shall be first obtained from the Community Development Director. d) T-heFe shall be ne pFGFRot anal flags, baRReFS OF 6 9Rs displayed outside any 1961 Id Rg on ally seFv re stat OR site, except as pFevided iR subsection (h)(4(3) of this SPAtiAR v.4thout 61;1_19119P ef A valid th Fty (30) day d splay peFM t by the City Glerk subjeGt to a twenty f Ye dollar ($25+00) FefURdable deposi guaFaRtee Femeval of the d splay. Such display permits Fnay 9RIy be issued fer tempaFary use, not to e)(Geed th Fty (30) days GRGe peF year. e) Signs shall be placed to eliminate or minimize any glare, reflection or light on adjoining property or buildings, or interference with vision of pedestrian or vehicular traffic. f) No blinking, flashing animated or giant statuary signs are permitted. 2) L ghting. Outside light R9 shall be affanged and shielded se as to prevent aR TITLE 17 - ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES 11 I. Hours of Operation. 1) Unlimited, except as otherwise provided by the Planning Commission. 5. Automotive - Related Uses (General Standards and Conditions of Approval) a. Parking areas and drive aisles shall remain unobstructed in a manner to provide for vehicular maneuvering. b. Vehicles to be repaired shall be stored or parked in designated areas only. Such vehicles may not be located in the required off - street parking or landscape areas nor on any public sidewalk, parkway, street or alley. c. All trash and debris shall be contained within approved trash enclosure(s). 17.30.090 Body art. Sub - sections: A. Applicability. B. Development Standards. A. Applicability. This section shall apply to Body Art Establishments where tattooing and body piercing are conducted, with the exception of tattoos, piercings or removal of tattoos performed by board - certified medical or dental personnel within an office as part of a medical or dental procedure. Also, piercings involving only the outer perimeter or lobe of the ear using a pre - sterilized single use stud and clasp ear - piercing system performed as an ancillary use in conjunction with a permitted primary use are exempt from the following requirements. B. Development Standards. Body Art Establishments shall comply with the following requirements. There shall be a minimum of forty -five (45) square feet of floor space for each procedure area. The procedure area(s) must be separated from other functions including bathrooms and retail sales areas, or any other area that may cause potential contamination of work surfaces. TITLE 17 - ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES W 2. Each Body Art Establishment shall have a readily accessible sink that is not in a public restroom and is equipped with hot and cold running water, no -touch faucet controls, liquid hand soap, single -use paper towels and a garbage can. 3. No person shall conduct branding, cutting, implantation, suspension.. or scarification: pierce or tattoo genitalia or female nipples; nor perform tattooing or piercing while under the influence of alcohol or controlled substances. 4. At no time shall alcoholic beverages be sold, dispensed, possessed, brought or allowed on the premises of any body art establishment. 5. Tattooing or piercing of persons under the age of 18 shall not be permitted except if accompanied by a parent. Technicians shall request proof of age prior to performing procedures. 6. All surfaces within procedure areas shall be smooth, nonabsorbent and easily cleanable. Procedure surfaces shall be cleaned and sanitized after each client. All facilities shall be maintained in a clean and sanitary condition. 7. Only service animals may be allowed in the establishment. No animals shall be allowed in the procedure area(s). 8. Effective measures shall be taken by the operator to prevent entrance, breeding, and harborage of insects. vermin, and rodents in the establishment. 9. Body Art Establishments shall operate only between the hours of 9:00 a.m. and 9:00 p. M. 17.30.100 Donation boxes -outdoor. Sub - sections: A. Purpose. B. Applicability. C. City standards. D. Application procedure. A. Purpose. The purpose of this Section is to regulate the placement of unattended donation boxes within the city. The procedures and requirements of this chapter are enacted to: 1. Promote the community's health, safety, and welfare by regulating unattended donation boxes for clothing or other salvageable personal property within the City; 2. Promote that unattended donation boxes do not pose a hazard to pedestrian and vehicular traffic; 3. Promote that material is not allowed to accumulate outside of the unattended donation boxes where it can be scattered by adverse weather conditions, animal contacts or human activities; and TITLE 17 - ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES B. Applicability. The provisions in this Section shall apply to unattended donation boxes as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts. Allowable Land Uses and Zone Specific Standards) and the following standards. C. City standards. Outdoor charitable donation boxes shall comply with all of the following location, development, and operational standards. 1. No more than one donation box shall be allowed on a single site or shopping center. 2. No unattended donation box shall be placed within 400 feet from another unattended donation box. 3. The donation box shall be secured against theft or unauthorized removal. 4. The party responsible for the donation box shall ensure that the box and surrounding site are properly maintained and that donated materials do not fall, spill, or accumulate outside of the box. If the party responsible for the donation box fails to provide the required maintenance, the property owner shall be responsible for all of the maintenance specified in this Subparagraph. 5. The party responsible for the donation box shall ensure that the box is removed and the site is cleared of any evidence of its previous setup when the box is no longer needed or has been inactive for sixty (60) days. If the party responsible for the donation box fails to provide the required removal and clean -up, the property owner shall be responsible for the removal and clean -up specified in this Subparagraph. D. Application procedure. The approval of an administrative Site Plan and Design Review by the Planning Division shall be required prior to the placement of any outdoor donation box. 17.30.110 Drive - through or drive -up facilities. Sub - sections. A. Purpose. B. Applicability. C. City standards. A. Purpose. The purpose of the following provisions is to provide location and operational standards for retail trade or service uses providing drive - through and drive -up facilities to ensure that the facilities are designed and operated to effectively mitigate problems of congestion, excessive pavement, litter, noise. pedestrian safety, traffic, and unsightliness. (See Figure 17.30.100.1, Drive - Though Site Planning) B. Applicability. The provisions in this Section shall apply to drive - through facilities as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning TITLE 17 - ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES 14 Districts, Allowable Land Uses and Zone Specific Standards) and the following City standards. C. City standards. The Traffic Engineer may modify the following standards to accommodate specific site conditions. 1. Drive - through aisles should be inwardly focused within the site and located away from adjoining streets and adjoining properties, wherever feasible. 2. Pedestrian walkways (including ADA access areas) should not intersect the drive - through access aisles, but where they do, they shall have clear visibility and be emphasized by enhanced paving or markings. 3. The provision of drive - through and drive -up service facilities shall not justify a reduction in the number of required off - street parking spaces. 4. Drive - through access aisles should provide sufficient space before the menu board to accommodate at least five (5) waiting vehicles and at least five (5) waiting vehicles between the menu board and the drive -up service window. Drive - through access aisles shall be for vehicle stacking only. Drive - through access aisles shall provide adequate queuing space before a menu board or a pick -up /service window for an ATM, pharmacy, or similar use. Drive - through access aisles shall have a minimum ten (10) foot interior radius at curves and a minimum twelve (12) foot width; 5. Drive - through access aisles shall be separated by curbing and landscaping from the circulation routes necessary for ingress to or egress from the property or access to a parking space; Drive - through lanes shall be designed separately from drive - through access aisles and shall avoid the blocking of parking stalls or pedestrian access. 6. As practical, visibility of outdoor menu and preview boards should be minimized from any adjoining street(s). Additional landscape areas or shrub plantings may be required to provide proper screening. Any proposed carhop and /or walk -up menu boards shall not exceed four (4) square feet in area. 7. Amplification equipment (e.g., speakers at menu boards) shall be located so as not to adversely impact adjoining uses and shall be operated in compliance with Title 8, Chapter 8.36 (Noise Control). Outdoor piped music shall be prohibited. 8. Each drive - through aisle should be appropriately screened with a combination of landscaping, low walls, and /or berms maintained at a minimum height of three (3) feet to prevent headlight glare from impacting adjacent streets, adjoining properties, and parking lots. 9. A minimum six (6) foot high solid decorative masonry wall shall be constructed on each property line that adjoins a parcel zoned for and /or developed with a residential use. A minimum five (5) foot deep landscaping strip shall be provided between the wall and any driveway. TITLE 17 - ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES 15 Figure 17.30.100.1 e- Throuah Site K �111151 Eel W] U Restaurant u,aan b- epn.�p. _ EJ FeYe Mp Mn nnre�up W1nJ0r 91m1 17.30.120 Emergency shelters and temporary aid centers. Sub - sections. A. Applicability. B. Emergency shelters. C. Temporary aid centers. A. Applicability. The requirements of this section apply to all emergency shelters and temporary aid shelters as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards). Upon providing documentation sufficient to allow the Community Development Director to determine that the following operational standards will be met, an emergency shelter or temporary aid center may begin operation. B. Emergency Shelters. 1. Location. a. An emergency shelter may be on any parcel in M -1 (Light Manufacturing and Industrial), except that no emergency shelter development will be permitted on any lot that abuts the R -1 (Single - Family Residential) zone. b. The shelter shall be located within one - quarter mile of a bus stop. 2. Capacity. Emergency shelters may provide a maximum of seven (7) beds per establishment. 3. Maximum length of stay. The maximum length of stay of any person shall be six (6) months. TITLE 17 — ZONING ARTICLE 3 —REGULATIONS FOR SPECIAL USES AND STRUCTURES 1ti 4. IntakeMaiting areas. On -site intake areas shall be enclosed or screened from the public right -of -way and adjacent properties. Queuing within the public right -of -way or any parking area is not permitted. 5. Lighting. Lighting shall be stationary, directed away from adjacent properties and public rights -of -way, and of an intensity that is consistent with existing lighting in the neighborhood. 6. Noise. For the purposes of noise abatement, organized outdoor activities and intake of residents in non - enclosed areas may only be conducted between the hours of 7:00 a.m. and 10:00 p.m. 7. On -Site Management. The shelter shall have full -time on -site management. Emergency shelter providers must submit a written management plan prior to beginning operation, including provisions for staff training, and counseling, treatment, and training programs for residents. The management plan shall be subject to approval by the Community Development Director. 8. Parking. Emergency shelters that do not accept walk -in clients must provide one (1) parking space for clients and sufficient parking to meet the needs of the shelter's on -site management. Shelters that accept walk -in clients must provide two (2) parking spaces for clients and sufficient parking to meet the needs of the shelter's on -site management. Nonoperational and unregistered vehicles shall not be kept on site. Towing shall be the responsibility of the shelter operator. Client Restrictions. Emergency shelter providers must screen for and refuse service to registered sex offenders as part of their client intake process. 10. Security. Emergency shelter providers must submit a written security plan prior to beginning operation that includes the hours of operation, intake /discharge procedures, screening of clients prior to admission to the shelter, and provisions for on -site security guards, if any. A site plan shall also be provided which clearly indicates parking areas, lighting, and the location of on -site walk -in and client intake areas. The security plan shall be subject to approval by the Chief of Police. 11. Separation from other shelters. No emergency shelter shall be located within a radius of 300 feet from the nearest shelter, as measured from property line to property line. This requirement does not apply to Temporary Aid Centers. 12. Storage. For emergency shelters that accept walk -in clients, an enclosed area must be provided for residents to store their belongings, such as bicycles, shopping carts, and other possessions. C. Temporary aid centers. Intake /waiting areas. On -site intake areas shall be enclosed or screened from the public right -of -way and adjacent properties. Queuing within the public right -of -way or any parking area is not permitted. TITLE 17 -ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES 11 2. Lighting. Lighting shall be stationary, directed away from adjacent properties and public rights -of -way, and of an intensity that is consistent with existing lighting in the neighborhood. 3. Noise. For the purposes of noise abatement, organized outdoor activities and intake of residents in non - enclosed areas may only be conducted between the hours of 7:00 a.m. and 10:00 p.m. 4. On -site management. Temporary aid centers must submit a written management plan prior to beginning operation, including provisions for staff training and counseling, training, treatment and programs for clients. The management plan shall be subject to approval by the Community Development Director. 5. Security. Temporary aid centers must submit a written security plan prior to beginning operation including, as applicable, the hours of operation, intake /discharge procedures, screening of clients prior to admission to the temporary aid center, and provisions for on- site security guards. if any. A site plan shall also be provided which clearly indicates parking areas, lighting, and the location of on -site walk -in and client intake areas. The security plan shall be subject to approval by the Chief of Police. 6. Temporary aid centers will not provide facilities for overnight stays. 17.30.130 Hotels and motels. Sub - sections. A. Purpose. B. Applicability. C. City standards. A. Purpose. The purpose of the following provisions is to provide development, location, and operating standards for hotel and motel projects in the City of Rosemead. B. Applicability. The provisions in this Section shall apply to hotel and motel uses as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following City standards. C. City Standards. Hotels in the C -3, C -4, and CBD zones and motels in the C -3, and CBD zones shall be subject to the following conditions: 1. Lot Area. The minimum area of the parcel or lot shall not be less than thirty -nine thousand (39,000) square feet. 2. Lot Width. Each lot shall have a minimum frontage of not less than one hundred (100) feet on a major street as depicted on the circulation element of the general plan. TITLE 17 - ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES 18 3. Maximum Coverage. The maximum lot coverage of all structures shall not exceed forty (40) percent of the total lot area. 4. Floor Area Ratio (FAR): a. The FAR of a hotel or motel development must be consistent with the land use designation in the General Plan. The General Plan permits additional FAR in the Commercial and High Intensity Commercial land use designations for hotels only. b. Hotels only in the Commercial or High Intensity Commercial land use designation in the General Plan may be developed up to a maximum permitted FAR of 1.0:1 if the projects meet the required development standards identified in the table below. 1) If a project in one of these land use designations does not meet all of the required amenity standards described in the table below, a maximum FAR of 0.35:1 shall be allowed. 2) A hotel project may substitute two (2) additional amenities from the table below for each required amenity. TABLE 17.30.110.2 Hotel and Motel Amenity Standards Required Amenities Motel Hotel Business Center Service' Not Required Required Complementary breakfast Not Required Required In -room wired or wireless high speed internet Not Required Required Additional Amenities: Multi - function ballroom /meeting rooms Not Required Optional Restaurant or bar /lounge Not Required Optional Concierge desk Not Required Optional Convenience store /snack shop Not Required Optional Daycare services Not Required Optional Day spa /salon Not Required Optional Fitness Center Not Required Optional Florist or gift shop Not Required Optional Laundry Service Not Required Optional Pool or spa /Jacuzzi Not Required Optional Additional Amenities: (Continued) Motel Hotel Reception Lounge Not Required Optional Room Service Not Required Optional Self -service laundry Not Required Optional Valet Parking Not Required Optional Business Center Service includes guest access to centrally located computer, rax, ano copy macmne. 5. Number of Rooms. a. Hotels. Minimum fifty (50) Rooms TITLE 17 — ZONING ARTICLE 3 — REGULATIONS FOR SPECIAL USES AND STRUCTURES 19 b. Motels: No minimum. 6. Floor area per guest room: a. Hotels: Minimum four hundred (400) square feet b. Motels: Minimum three hundred (300) square feet c. For the purposes of this section the floor area per guest room shall be calculated by dividing the total gross floor area of the project by the total number of rooms. 7. Interior. /Exterior Corridors: a. Hotels: Interior Corridors only b. Motels: Exterior corridors permitted 8. Landscaping. A minimum of ten (10) percent of the total lot area is to be landscaped. 9. Yards. Side and rear yards, when abutting residentially zoned or used property, shall be not less than ten (10) feet from property line. 10. If requested by a motel /hotel operator /owner in applying for a conditional use permit, notwithstanding Section 5.42.030 of this Code, the owner /operator may rent rooms for extended periods exceeding thirty (30) consecutive days or thirty (30) days in any sixty (60) consecutive day period, as authorized by the conditional use permit. The right to rent rooms for extended periods as authorized by the conditional use permit shall be conditioned upon the owner /operator agreeing to pay and paying to the city at the time set forth in Section 3.16.070 for remission of transient occupancy tax payments, a payment in lieu of taxes in an amount equal to the transient occupancy tax that would otherwise be payable were the units occupied for less than thirty (30) days. In determining the number of units in a motel /hotel complex that may be so occupied, the Planning Commission shall consider the following criteria: a. Whether or not the overall site design and the floor plans of individual rooms proposed are conducive to extended occupancy. b. Whether or not adequate parking and other amenities are provided to support extended occupancy. c. Whether or not the renting of rooms for more than thirty (30) consecutive days is likely to lead to or, in the case of existing motels /hotels, has lead to, police problems due to the design of the motel /hotel and /or the nature of the surrounding area. In applying for the conditional use permit, the owner /operator shall determine the number and /or percentage of rooms to be offered for extended occupancy. The Planning Commission may approve the request as submitted or may establish an alternate number and /or percentage based upon the review of the above criteria, provided, however, that the number shall not be less than twenty (20) percent of the total number of rooms in the hotel or motel nor more than thirty (30) percent of the total number of rooms. TITLE 17 - ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES [u 11. The owner and /or operator of any such hotel or motel shall have and maintain only one meter for each utility service to the entire use. 12. A hotel or motel may provide manager's quarters not to exceed one (1) dwelling unit, which complies with the minimum multifamily (R -3) standards as set forth in this Zoning Code. 13. Every hotel and motel shall have a security system designed to the satisfaction of the Chief of Police which shall include surveillance of arrivals, departures, and parking areas from the office and security hardware, cameras, alarms and lighting. 14. Every hotel and motel shall have an office with a registration desk, and the office shall be located in close proximity to the entry driveway to the street front. 15. Vehicles exceeding eighty (80) inches in width shall not be permitted to park in any parking space required for motel customers. In addition to the parking spaces required for each guest room, every motel shall provide at least one designated recreational vehicle parking space, which is a minimum of ten (10) feet by thirty (30) feet, for each twenty -five (25) rooms in the motel complex. 16. Vehicles exceeding eighty (80) inches in width shall not be permitted to park in any required parking lot used exclusively for hotel customers. (Noncommercial) recreational vehicles or motor homes shall be permitted to park in such lots, if at least one designated recreational vehicle parking space, which is a minimum of ten (10) feet by thirty (30) feet, is provided for each twenty -five (25) rooms in the hotel complex. 17. Every hotel and motel shall be operated in compliance with the operational standards of Chapter 5.42 of this Municipal Code. 18. An economic feasibility study shall be submitted to the Planning Department for review and approval. The economic feasibility study shall be prepared by a professional who is familiar with preparation of such documents. The study shall include data to support a finding that there is a demonstrated need for the project and that the project will economically benefit the community as a whole. This section shall not apply to hotels and motels in existence on April 28, 1987 or to expansions allowed pursuant to Section 17.30.130.0.20 of this Title. 19. Conditional use permits granted for hotels and motels that were in operation on April 28, 1987, shall require compliance with subsections 1, 2, 3, 8, 9, 11 and 14 only to the extent that said requirements can be imposed without requiring significant and unduly expensive physical modifications to the property or structures of the motel or hotel complex. 20. The floor area of an existing motel or hotel which has a valid Conditional use permit may be increased one time up to 25% or 7,500 square feet, whichever is less. The expansion itself must meet the requirements of this Title related to setbacks, lot coverage, FAR, height, parking, security system requirements, and operational standards in accordance with Chapter 5.42 of this Municipal Code, but is not required to compensate for any deficiency or nonconformity in the original building or use. TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 21 Expansions allowed by this section are allowed by right with no discretionary approvals, including but not limited to a Conditional Use Permit or Design Review, required. 17.30.140 Internet Cafes and Game Arcades. Sub - sections: A. Purpose. B. Applicability. C. City standards. A. Purpose. This Section provides location, development, and operating standards for Internet Cafes and game arcades. B. Applicability. The provisions in this Section shall apply to Internet Cafe and Game Arcades as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following City standards. C. City standards. The following provisions shall apply to Internet and Cyber Cafes and Game Arcades as defined in Article 1 and where allowed in compliance with this Chapter. 1. No Internet or Cyber Cafes or Game Arcade use shall be established or maintained within a 500 -foot radius, as measured from the property line, of any park, school, other internet cafe /arcade, or a public playground. 2. Adult- oriented business activities and /or uses are prohibited, unless specifically approved in compliance with the requirements of Chapter 5.08 and Section 17.30.030 (Adult Businesses). 3. Internet site blocking, for the purposes of restricting adult sites, shall be required. 4. Internet and Cyber Cafes and Game Arcades shall provide full -time adult attendants or supervisors, 21 years of age or older, at a ratio of at least one (1) attendant/supervisor for each ten (10) machines, plus one security guard for each twenty (20) machines or fraction thereof or as otherwise directed by the Community Development Director. 5. Hours of operation shall be limited to 8:00 A.M. to 10:00 P.M., Sunday through Thursday, and 8:00 A.M. to 12:00 A.M. midnight, Friday and Saturday, unless alternative hours are specifically approved through the Conditional Use Permit process. These hours of operation shall be posted in a conspicuous place to the satisfaction of the Community Development Director. 6. A person shall not enter, be, or remain in any part of an Internet and Cyber Cafe or Game Arcade while in the possession of, consuming, using, or under the influence of any alcoholic beverage or drug. TITLE 17 - ZONING ARTICLE 3- REGULATIONS FOR SPECIAL USES AND STRUCTURES 22 a. No licensee or manager shall permit any person in possession of, consuming, using, or under the influence of any alcoholic beverage or drug to enter or remain on the premises. b. Signs shall be posted stating this condition to the satisfaction of the Community Development Director. 7. Minors shall be accompanied by a parent or legal guardian after 10:00 P.M. and may not enter the facility during those times when any public school within the City is conducting its regular education program. Patrons who appear under the age of twenty five (25) shall present proper identification to verify their age before using the facility. Notice of these prohibitions shall be posted at the entrance to the satisfaction of the Community Development Director, 8. Adequate lighting shall be maintained inside the business and parking areas. An interior and exterior lighting plan shall be reviewed and approved by the Community Development Director before occupancy. 9. No window(s) shall be obstructed, tinted, or otherwise covered during business hours. 10. Establishments with internet access consisting of twenty five (25) percent or more of the gross floor area shall provide a waiting area with seating equal to one (1) seat for every four (4) computer stations. a. No waiting list may be maintained beyond the seating capacity of the waiting area. b. No outside waiting (loitering) or seating area shall be allowed and signs shall be posted stating this prohibition to the satisfaction of the Community Development Director. 11. The applicant shall submit and receive an approved plan from the Los Angeles County Fire Department. a. The plan shall address all exiting requirements of the Uniform Building and Fire Codes. b. This includes, but is not limited to, aisle locations and dimensions, equipment location, exiting, and panic hardware. 12. A security plan shall be subject to the review and approval of the Chief of Police. a. Security measures may include, but are not limited to additional security guards. background investigations of the business applicants, and surveillance video equipment. 13. To minimize noise issues, all computers shall utilize headphones with no external speakers allowed. TITLE 17 -ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES 23 TITLE 17 -ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES 25 17.30.150 Karaoke KTV studios. Sub - sections: A. Purpose. B. Applicability. C. City standards. A. Purpose. This Section provides development and operating standards for Karaoke KTV studios. B. Applicability. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES The provisions in this Section shall apply to Karaoke KTV Studio uses as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following City standards. C. City standards. Karaoke Studios are subject to the following conditions 1. No alcoholic beverages to be served or allowed on the premises at any time. A sign reading "No Alcoholic Beverages Permitted" in lettering no less than four (4) inches in height and printed in English, Chinese, Cantonese or Mandarin, Vietnamese and Spanish shall be conspicuously posted at no less than two (2) locations inside the business. One such sign shall be posted at the registration /reservation area. In addition, no less than two international symbol "No Drinking" signs shall be conspicuously posted at different locations inside the business establishment. 2. No person, other than bona fide employees, may occupy premises between two a.m. and eight a.m. 3. All doors to Karaoke rooms shall remain unlocked and be incapable of being locked. The doors will have a minimum twenty -four (24) inch wide by thirty -six (36) inch high window in the upper half of the door. Each individual Karaoke room shall contain at least one other window as well. Full and unobstructed viewing into the room shall be maintained at all times. 4. The exterior door to each individual Karaoke room shall contain a conspicuously posted sign indicating the rated occupancy of the room pursuant to the Fire Code. 5. No persons under eighteen (18) years of age shall be allowed on the premises after ten p.m., unless accompanied by a parent or legal guardian. 6. The owner is responsible for maintaining a permanent register of all patrons by having each patron sign the register before allowing the use of a Karaoke room. The owner or his or her employee shall verify the identity of the patron by checking the patron's identification and legibly listing the full name of the patron in the register. 7. The owner of the establishment shall be strictly accountable for compliance with each condition imposed, whether or not the owner is personally present at the studio. 8. The studio shall adhere to the City's noise ordinance provisions as set forth in Title 8, Chapter 8.36 of this Municipal Code. 9. Nonconforming properties shall achieve conforming status before becoming eligible for KTV Studio use. 10. Off - street parking shall be provided as set forth in Chapter 17.112 of this Zoning Code. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 27 17.30.160 Large and small family day care facilities Sub - Sections: A. Purpose. B. Child day care — large family. C. Child day care — small family. A. Purpose. This Section provides standards for the location, development, and operation of both large and small family child day care homes in compliance with State law. B. Child day care — large family. 1. Purpose. This Subsection provides standards for the location, development, and operation of large family child day care homes for nine (9) to fourteen (14) children in compliance with State law. 2. Applicability. The provisions in this Subsection shall apply to large family child day care homes, as defined by current State law, which shall be allowed in all residential zones in compliance with Article 2 (Zoning Districts, Allowable Land Uses, and Zone Specific Standards) and the following standards. 3. State and other regulatory requirements. These standards shall apply in addition to requirements imposed by the California Department of Social Services and other regulatory agencies (e.g.. Los Angeles County Fire Department). 4. City standards. All large family child day care homes shall comply with all of the following City standards: a. Licensing. The operator of a large family child day care home shall obtain and maintain a valid license from the California Department of Social Services in compliance with California Code of Regulations, Title 22, Division 12 (Child Care Facility Licensing Regulations). b. Large family child day care home permit required. 1) Review of Permit — Community Development Director. An Administrative Use Permit shall be reviewed and either approved or denied by the Community Development Director in compliance with the provisions of Health and Safety Code Section 1597.46(a)(3), this Section, and Chapter 17.128. 2) Approval of permit. The permit may be approved only if the large family child day care home complies with Health and Safety Code Section 1597.46(d), this Section, all applicable City ordinances, and any regulations adopted by the State Fire Marshall. c. Care provider's residence. The large family child day care home shall be the primary residence of the care provider, and the use shall be clearly residential in character and shall be incidental and accessory to the use of the property as a residence. d. Fences or walls required. 1) A six (6) foot high solid decorative fence or masonry wall shall be constructed and properly maintained along all property lines or around the area where outdoor care is provided (as deemed appropriate by the Community TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 28 Development Director), except in the front setback area, in compliance with the requirements of Chapter 17.68 (Fences, Walls, and Landscape Screening). 2) Fences or walls shall provide for safety with controlled points of entry. e. Play area and equipment. Outdoor play area(s), including all stationary play equipment, shall be located in the rear area of the parcel. f. Separation. 1) A large family child day care home proposed within a residential zone shall not be located within a three hundred (300) foot radius of another large family child day care home, other day care facility, or group home facility, disregarding the corporate boundary of the City. 2) The Community Development Director may allow more than one (1) large family child day care home within three hundred (300) feet of any another similar facility specified in Subparagraph (a), above, if the applicant first demonstrates one of the following to the satisfaction of the Community Development Director: a) Any existing large family child day care home located within three hundred (300) feet is at capacity: or b) The need exists for a particular or unique service not provided by an existing facility specified in Subparagraph (a), above, located within three hundred (300) feet of a proposed large family child day care home. g. Drop- off /Pick -up areas, and use of garages. 1) A minimum of two (2) off - street parking spaces shall be provided as a drop -off and pick -up area. The spaces shall be in addition to those required for the dwelling unit in compliance with Chapter 17.112 (Off- Street Parking and Loading). A driveway may be used to provide the spaces: provided, the City Engineer approves the arrangement based on traffic and pedestrian safety considerations. 2) A passenger loading plan shall be required to minimize noise and parking issues to the maximum extent possible. 3) A facility located on a through street classified as a collector or arterial street shall provide a drop -off and pick -up area that does not require backing into the street. 4) Garages shall not be used as a family child day care play area unless alternative on -site covered parking is available to meet minimum residential parking requirements. If alternative onsite parking is provided within a new enclosed garage, the existing garage shall be improved to meet Building and Fire Code regulations as a habitable space. h. Noise. In order to protect adjacent residential dwellings from noise impacts, a large family child day care home located within a residential zone may only operate a maximum of seventeen (17) hours each day between the hours of 6:00 A.M and 11:00 P.M. and may only conduct outdoor activities between the hours of 7:00 A.M. and 9:00 P.M. i. No exterior evidence. There shall be no exterior evidence, advertising, or signage identifying the large family child day care home. j. Inspection required. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 29 1) Before commencing operation of a large family child day care home, the City Building Inspector shall conduct an inspection of the premises on which the large family child day care home is to be operated to ensure that there is no unpermitted building, electrical, and /or mechanical improvements to the property. 2) The property owner shall obtain and finalize all required building permits for all unpermitted construction on the premises before commencing the onsite operation of a large family day care home. k. Issuance of Large Family Day Care Home Administrative Use Permit. The Community Development Director shall issue the Large Family Day Care Home Administrative Use Permit before the operation of the large family child day care home begins, once the operator has demonstrated compliance with Health and Safety Code Section 1597.46(d), this Section, all applicable City ordinances, and any regulations adopted by the State Fire Marshall. C. Child day care home — small family. 1. Purpose. This Subsection provides provisions for the location and operation of small family child day care homes for eight (8) or fewer children in compliance with State law. 2. Applicability. The provisions in this Subsection shall apply to small family child day care homes, as defined by current State law, where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses, and Zone Specific Standards) and the following standards. 3. State requirements. a. These provisions shall apply in addition to requirements imposed by the California Department of Social Services. b. The operator of a small family child day care home shall obtain and maintain a valid license from the California Department of Social Services in compliance with California Code of Regulations, Title 22, Division 12 (Child Care Facility Licensing Regulations). 4. Permitted by right. As required by State law (Health and Safety Code Section 1597.30 et seq. Small family child day care homes (eight (8) or fewer children) shall be considered a residential use of property and shall be an allowed use, permitted by right, within a residence located in a residential zone with no City land use permits required. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 17.30.170 Outdoor dining. Sub - sections: A. Purpose. B. Applicability. C. City standards. A. Purpose. This Section provides locational, developmental, and operational standards for outdoor dining area(s) located on private property as an accessory use to a legally established restaurant. B. Applicability. The provisions in this Section shall apply to outdoor dining area(s) as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards). C. City standards. 1. No permanent seats or structures shall be placed in the public right -of -way without the review and approval of the City Engineer. 2. Outdoor seating furniture shall be a minimum of ten (10) feet from the nearest transit stop. 3. Any outdoor dining area may be separated from the sidewalk only with planters, shrubs, or fencing with a maximum height of forty -two (42) inches. 4. When alcoholic beverages are permitted in outdoor seating areas that are immediately adjacent to a public pedestrian way, the landscape separation physical design and plant material shall compliment the design of the building and prevent passing or carrying alcoholic beverages outside the restaurant seating area and a sign shall be posted. 17.30.180 Recycling facilities. Sub - sections: A. Intent and purpose. B. Permit required. C. Applicability. D. Location, development, and operation standards. A. Intent and purpose. It is the intent and purpose of this section to encourage the recycling of reusable materials and provide convenient service locations for the citizens of the community as mandated by State law. It is also the intent of this section to establish minimum standards of development in order to insure compatibility of recycling facilities with the surrounding land uses to protect surrounding property values, and to maintain the health, safety and general welfare of the community. This Section provides location. development, and operation standards for TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 31 various types of recycling facilities (e.g., reverse vending machine(s) and small collection facilities). B. Permit required. No firm, person, or corporation shall permit the placement or installation of any recycling facility without first obtaining either an Administrative Use Permit or Conditional Use Permit from the City pursuant to the provisions set forth in this Section. C. Applicability. The provisions of this Section shall apply to recycling facilities as defined in Article 1 (Purpose and Applicability of Zoning Code) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following standards. D. Location, development and operation standards. Recycling facilities shall comply with the following requirements. Reverse vending machines. Reverse vending machine(s) intended solely for recycling purposes shall be allowed in compliance with all of the following standards. The vendRg maohine'r Reverse vending machines shall be installed as an accessory use in conjunction with a principal commercial use or community service facility which is in compliance with the zoning, building, and fire codes of the City. b. If located inside a primary structure, the machines shall be within thirty (30) feet of the entrance and shall not obstruct pedestrian circulation. The °^^''Y °h"" be located within thiFty (30) feet Gf the eRtFaRGe te the GGFnFReFGiaI 6trLiGtLIFB and shall c. If located outside the primary structure, t maximum of two (2). The machines shal be constructed of durable waterproof and in a manner that is properly designed treatment and security from vandalism, Development Director. he number of machines shall be limited to a I not occupy required parking spaces, shall rustproof materials(s), and shall be placed and constructed in terms of architectural subject to the approval of the Community d. Reverse vending machines shall not occupy parking spaces required by the primary use. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 32 e. Reverse vending machines shall occupy no more than fifty (50) square feet of floor space per installation, including any protective enclosure, and shall be no more than eight (8) feet in height. f. The area in front of the machines the fiaoility shall be illuminated to ensure comfortable and safe operation, if operating hours are between dusk and dawn. g The machines shall have operating hours shall be which are consistent with the operating hours of the principal use h. Reverse vending machines shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperable. i. The facility shall have a sign area of a maximum of four (4) square feet per machine, exclusive of operating instructions. j. The area surrounding mad the reverse vending machines shall be maintained in a clean, litter -free condition on a daily basis. A trash container shall be located near the machine to prevent littering. 2. Small collection facilities. The following standards shall be applicable to small collection facilities. a. Small collection facilities shall be established in conjunction with an existing commercial use or community service facility which is in compliance with the zoning, building, and fire codes of the City. b. Small collection facilities shall be less tha : not exceed two hundred (200) square feet in area, not including space periodically used for removal of materials or exchange of containers. c. Small collection facilities shall be set back at least (10) feet from any public right -of- way and shall not obstruct pedestrian or vehicular circulation. d. The facility shall not be located within one hundred (100) feet of any parcel zoned or occupied for residential use. 940 a.m. and 740 p.m. GentaiRers for 24 hei -r donation of matpr als shall he at least I GO feet from aRY pmpeFly ZORed DF OGGupied foF Fes deRtial use- e. Small collection facilities shall accept only glass, metals, plastic containers, which have a CRV value, and other household beverage containers (i.e., plastic milk containers, wine bottles, etc.) papeFs and Feusab.e items f. Small collection facilities shall not use power- driven processing equipment except for reverse vending machines. g. Small collection facilities shall use containers that are constructed and maintained with durable waterproof and rustproof material. The `a neFs shall be GGYered TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 33 All recycled items shall be stored within a fully enclosed structure which is designed and constructed to ensure against unauthorized removal of items or in the mobile unit. The containers within the structure or mobile unit shall be of a capacity sufficient to accommodate the items collected and the collection schedule. Outdoor storage of recycled items shall be prohibited. h. The fully enclosed structure, the containers, and any site fencing shall be of a color and design that would be compatible and harmonious with the character of their location, subject to the review of the Community Development Director. Landscaping and other appropriate screening may be required on a case -by -case basis as a condition of the permit. i. Containers shall be clearly marked to identify the type of material which may be deposited. The facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation. A notice shall also be displayed stating that no material shall be left outside the recycling enclosure or containers. j. Signs may only be provided as follows: 1) Recycling facilities may have identification signs with a maximum area of fifteen (15) percent for each side of the structure or twelve (12) square feet, whichever is greater. (20%) peFGent per side oF s xteen (16) squaFe feet, whiGheyeF s larger, n addit an to Fequ Fed infemnat anal 6 gR'; In the rasp of a wheeled faG lity, the side w 11 be measuFed from the paveMeRt to the top of the GE)ntalRer. 2) Signs must be consistent with the character of the location. 3) Directional signs that contain no advertising message may be installed with the approval of the Planning Department Division if necessary to facilitate traffic circulation, or if the facility is not visible from the public right of -way. 4) when attendant is Ret pFesent. The faGility shall 110t impair the and6Gapjng therete. k. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present. The mobile recycling units shall only be parked within the marked area I. Small collection facilities shall be maintained free of litter and any other undesirable materials. and rnabile farilit . h h ` ' at the d Ps, at The area used for mobile facilities shall be swept at the end of each collection day. m. Noise levels shall comply with the noise standards of this Code. TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES n. The facility shall not impinge upon or disturb the required landscaping for the principal use on the property. o. If the facility has an attendant, one parking space will be required in addition to the required parking for the principal use. No additional customer parking spaces will be required. GE)I!eGt on faGility located at the estab! shed paFk ng let of a host use. QnGe space w 11 be provided fe. the attendant, 'f needed. p. Small collection facilities and any required attendant parking may occupy required parking spaces associated with the principal use on the site only if the following conditions are met. The maximum number of spaces: if such a reduction in required parking is allowed, is indicated in Table 17.30.190.1 (Reduction of Available Parking Spaces). 1) The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation. 2) A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site. 3) The permit for the recycling facility will be reconsidered at the end of six (6) months. q. If the permit expires without renewal, the collection facility shall be removed from the site on the day following permit expiration. TABLE 17.30.190.1 REDUCTION OF AVAILABLE PARKING SPACES In Conjunction with Commercial Principal Use Number of Available Parking Spaces Maximum Reduction in Required Parking 0-25 0 26-35 2 36-4 3 50-9 4 100+ 5 In Conjunction with Community Facility Principal Use Maximum reduction of 5 spaces 3. Large collection facilities. Large collection facilities shall meet the following standards: a. Shall be at least one hundred (100) feet away from any property zoned or occupied for residential use. ZORed OF des priated by the ..ern' plan or f^ "'e` dent al ___ TITLE 17 -ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES �3b Large collection facilities shall be screened from the public right -of -way by operating within an enclosed building or within an area enclosed by a solid, decorative, block wall fence at least six (6) feet in height. and All applicable noise standards stipulated in this Code shall be met. If a block wall enclosure is used, it shall be set back at least ten (10) five feet from property line and the setback area shall be permanently landscaped and maintained. c All exterior storage of material shall be in either baled or palletized form, or in sturdy containers which are covered, secured and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. No storage, excluding truck trailers or overseas containers, may be visible over the height of the #encng block wall. d. The site shall be maintained free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis. A trash container shall be located near the facility to prevent littering. e. Parking and turn - around space shall be provided on -site in an amount adequate to serve the anticipated peak customer load or five (5) vehicles, whichever is higher, to circulate and to deposit recyclable material. f One (1) parking space for each employee and each vehicle operated by the recycling facility shall be provided on -site. The parking area thus created shall be exclusive of the circulation /drop -off area. g. Noise levels shall comply with the noise standards of this Code. h If the facility is located within five hundred (500) feet of property zoned or planned for residential use, it shall not be in operation between the hours of 7:00 p.m. and 7:00 a.m. Any containers provided for after -hours donation of recyclable materials shall be at least 50 one hundred (100) feet from any property zoned or occupied for residential use. The containers shall be of sturdy. rustproof construction, shall be of sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials. Donation areas shall be kept free of litter and any other undesirable material, and the container shall be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers. k The facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation. Identification and informational signs shall meet the standards of the zone, and directional signs, bearing no advertising message, may be installed with the approval of the Community Development Director, if necessary to facilitate traffic circulation, or if the facility is not visible from the public right -of -way. TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 36 TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 37 17.30.190 Second dwelling units. Sub - Sections: A. Purpose. B. Second dwelling unit — definitions. C. Single -story second dwelling units — requirements. D. Second-story/two-story second dwelling residential units. E. Revocation. F. Existing second dwelling units. A. Purpose. The purpose of this section is to implement Government Code Section 65852.2 which allows the City to adopt a second dwelling unit ordinance in lieu of being subjected to the State requirements for such units. Notwithstanding any other provision of this Zoning Code to the contrary, the provisions in this section shall govern the development of second dwelling units in the City of Rosemead. B. Second dwelling unit — definitions. As used in this section "Second Dwelling Unit" means a detached or attached dwelling unit that provides complete independent living facilities for one or more persons. It includes permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as where existing qualified primary dwelling unit is situated. "Single -story Second Dwelling Unit" means a second dwelling unit that is no higher than fifteen (15) feet from ground level. Second dwelling units shall not be considered to be an accessory structure C. Single -Story Second Dwelling Units — Requirements. In an R -1, R -2 or R -3 zone, an attached or detached one -story second dwelling unit shall be permitted by the Community Development Director or the Community Development Director's designee subject to an administrative site plan and design review approval if the application meets all of the following requirements set forth in this section. 2. The one -story second dwelling unit shall: Be located on a residential lot that meets the following minimum lot size and which has only one existing single - family unit thereon: 1) R -1 zone— six thousand (6,000) square feet TITLE 17 - ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES 38 2) R -2 zone— six thousand (6,000) square feet 3) R -3 zone — five thousand (5,000) square feet 3. Be a permanent structure on a permanent foundation and contain accommodations for living, sleeping, eating, cooking and sanitation separate from the primary dwelling on the same lot. 4. Have no more than two bedrooms. 5. Be no smaller than four hundred (400) square feet for an efficiency unit and five hundred and fifty (550) square feet for a one (1) or two (2) bedroom unit. 6. Be no larger than thirty (30 %) percent of the size of the living space of the primary structure or eight hundred (800) square feet, whichever is smaller. In cases where thirty (30 %) percent of the primary dwelling unit is less than or equal to four hundred (400) square feet, then one (1) four hundred (400) square foot efficiency unit shall be permitted. 7. Be restricted so that one (1) of the two (2) units on the property is always owner - occupied. A recorded covenant shall be provided prior to the occupancy of the second dwelling unit providing such notice and further providing that the second dwelling unit shall be a legal unit so long as either the main dwelling unit or the second dwelling unit is occupied by the owner of record of the property and providing that this restriction shall be binding upon a successor ownership of the property. 8. If detached, be no closer than ten (10) feet to any other building on the lot, including the primary residential unit, nor closer than fifteen (15) feet from a building on an adjacent lot. 9. Have windows and doors placed sash so that privacy of adjacent lots is not impinged. Windows shall be above eye level, shall face toward the existing primary residence or the street, or shall be screened from view from adjacent lots. 10. Not result in or contribute to a floor area ratio greater than what is permitted in the zone in which it is located. five (46) peFGent in any zene eveR when attaGhed to the primary strui;ture. 11. Not be higher than the primary unit, unless it is an attached second -story second unit, in which case it is subject to the conditional use second unit permit provisions. listed is 12. Have four hundred (400) square feet of usable outdoor living area with a minimum dimension of fifteen (15) feet in any direction and not including parking areas, driveways, front or rear setback areas, or outdoor living area required for the primary residential unit on the lot. TITLE 17 -ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES 39 13. Be permitted only when the primary unit has the parking required by this Title. 14. Have one (1) enclosed parking space for an efficiency or one (1) bedroom unit, and two (2) enclosed spaces for a two (2) bedroom unit. 15. Meet the setback and lot coverage requirements of the zone in which it is located. Meet 16. Not be sold separately from the primary unit. 17. Be subject to all single - family development fees and permits. 18. Meet the following design criteria: a. Be of the same architectural style as the primary unit. b. Match the primary unit in materials, colors, types of windows, doors, trim, proportions, amount of roof overhang, architectural embellishments, roof shape, and quality, although proposed higher quality materials shall be allowed. c. Have its own entrance, but its entrance shall not be oriented to the street or otherwise change the single - family appearance of the primary structure. d. Have its outdoor living area and immediate surroundings landscaped. D. Second- Story/Two -Story Second Dwelling Units — Requirements In an R -1, R -2 or R -3 zone, a Conditional Use Permit may be granted for the construction of a second -story or two -story second dwelling unit provided the following additional findings are met. A second -story or two -story second unit, whether attached or detached, shall meet the following requirements. 1. Unless modified by this section, meet all standards for one -story units listed in Section 17.30.190.C, except that setbacks shall be those applicable to primary dwelling units of the residential district in which the lot is located. 2. Not have stairs that are visible from a street or shall have stairs that are screened from view. 3. Not have its door visible from the street in single - family neighborhoods, and generally shall not create an appearance out of character with the single - family nature. n° the R 1 ZORe. TITLE 17 - ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES 40 4. Have an upper story that is smaller than the lower story to decrease the bulk and mass of the building and add architectural character. The square footage of the upper story shall be at least ten percent (10 %) less than the lower story. 5. If a detached unit, be no higher than the primary unit. 6. If on an alley, may be allowed tandem parking within a garage as an option if tandem parking will result in a unit that (a) faces the alley and (b) has a garden or landscaped area facing the alley. This provision is intended to be an incentive for making the alley an attractive living environment and a secondary street. Have its architectural character, design, style, massing, height, construction materials, trim, and color in harmony with the primary unit and the surrounding neighborhood. 8. Not cause excessive noise, traffic, parking or overloading of public facilities or infringe upon the privacy of adjacent residences. 9. Not invade privacy, cast excessive shade on adjacent properties or reduce light available for solar energy. E. Revocation The Community Development Director shall have the authority to revoke a second dwelling unit permit and the Planning Commission shall have the authority to revoke a conditional use second dwelling unit permit if one or more of the requirements of this chapter are no longer met. The decision of either the Community Development Director or the Planning Commission may be appealed to the City Council in accordance with the procedures set forth in this code. F. Existing Second Dwelling Units. Second dwelling units which have been previously approved shall be allowed to remain in existence as a legally established nonconforming use. This section shall in no way validate any existing illegal second dwelling unit. TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 17.30.200 Single room occupancy (SRO). Sub - sections: A. Purpose. B. Applicability. C. City standards. A. Purpose. This Section provides development and operating standards for Single Room Occupancy (SRO) developments. B. Applicability. The provisions in this Section shall apply to SRO developments as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following City standards. C. City standards. All SRO developments shall meet the following location and operational standards. 1. SRO developments may be permitted in the C -3 (Medium Commercial) zone, CBD (Central Business District). and M -1 (Light Manufacturing and Industrial) zone upon the approval of a Conditional Use Permit, except that no SRO development will be permitted on any lot that abuts the R -1 (Single - Family Residential) zone. 2. SRO developments shall be located no closer than three hundred (300) feet to another single room occupancy development. 3. SRO units shall be efficiency units that may include a complete private bath and kitchen but do not have a separate bedroom. The maximum size for an SRO unit shall be five hundred (500) square feet. 4. A minimum lot size of eighteen thousand (18,000) square feet and a minimum street frontage of ninety (90) feet is required for the development of any new SRO development. 5. Single room occupancy developments shall not exceed a density of one thousand seven hundred fifty (1,750) square feet of net lot area for each unit. 6. At least one (1) common bathroom shall be provided for every six (6) units, unless private bathrooms are provided for some or all units. Any unit with a private bathroom shall not be counted toward the six (6) units for which a common bathroom is required. 7. Each SRO development shall have a common open space area totaling a minimum of one hundred (100) square feet per unit. 8. Each SRO development shall have a front yard of not less than fifteen (15) feet. 9. Each SRO development shall have a side yard of not less than ten (10) feet. On corner lots the side yard of the side street shall be not less than ten (10) feet. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 10. Each SRO development shall have a rear yard of not less than twenty (20) feet. 11. Garbage and rubbish collection areas shall be provided in accordance with Chapter 17.32 (Accessory Structures). 12. Adequate laundry facilities shall be available on the premises, with not less than one (1) washer /dryer per six (6) units. 13. Average income of residents in the development shall be no more than forty percent (40 %) of the area median income. 14. The development shall be subject to a covenant recorded with the County Assessor's Office stating that the units shall be subject to these income restrictions for a minimum period of 55 years. 15. New construction projects for seniors shall not qualify as SRO housing. 16. Off - street parking shall be provided at the rate of 0.5 parking space per unit, plus one (1) parking space for on -site management. 17. SRO developments shall have full -time on -site management. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 43 Chapter 17.32 ACCESSORY STRUCTURES Sections: 17.32.010 Purpose and applicability. 17.32.020 Permit requirements. 17.32.030 Accessory structures in residential zones. 17.32.040 Accessory structures in non - residential zones. 17.32.050 Solid waste and recyclable materials storage areas. 17.32.010 Purpose and applicability. This Chapter establishes standards for the development and use of all accessory structures that are necessarily or customarily incidental to an allowed primary use. The development standards are intended to ensure that accessory structures located in any zone do not adversely impact adjacent parcels or the surrounding neighborhood. Any permitted accessory structure that does not require a City of Rosemead Building Permit, must meet the minimum requirements of this Code for use, placement on a parcel, height, and size. 17.32.020 Permit requirements. The construction and /or relocation of an accessory structure shall require Site Plan and Design Review in accordance with Chapter 17.136 (Site Plan and Design Review), in addition to any building permits required by the Building and Safety Division. 17.32.030 Accessory structures in residential zones. A. Residential accessory structures defined. "Residential accessory structure" means an attached or detached structure that is a part of, and clearly incidental and secondary to, a residence and that does not change the character of the residential structure. Does not include second dwelling units. Illustrative examples of these structures include: • Decks. • Fences. • Garages. • Gazebos. • Greenhouses (noncommercial). • Outdoor play equipment. • Patios. • Platforms. • Porches. • Spas and hot tubs. • Storage or work sheds. • Swimming pools. • Tennis and other on -site sport courts. • Terraces. • Walls. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 44 Workshops. B. Requirements for residential accessory structures. 1. Size. The maximum size for a detached accessory structure shall be seven hundred and fifty (750) square feet. The square- footage of fully enclosed. attached accessory structures (i.e. workshops, storage sheds, but not including residential garages) shall be counted towards the maximum Floor Area Ratio. Unenclosed attached accessory structures shall have no size limitation, provided that residential setback requirements are satisfied. Height. Detached accessory structures shall be limited to one (1) story in height and any attic shall be less than five (5) feet in height and not habitable. Attached accessory structures are allowed to have a habitable second story if the living space is accessible from within the residence and there is no separate outside entrance to the living space. feet IF! he ght, Wh Ghever is less. 3. Location. a. There shall be a minimum distance of six (6) feet between detached accessory structures and between a main building and an accessory structure. b. No detached accessory structure shall be located within three (3) feet of an interior property line. Detached accessory structures shall be located in the rear half of the lot, excluding detached garages, which shall not extend into the required front setback for the main building. rom feet ,. hiGheyer s less d. On a corner lot no accessory buildings shall be located less than twenty (20) feet from the side street line. e. On reverse corner lots, accessory structures located on the rear twenty five (25) feet of the lot shall not extend beyond the required front yard of the abutting key lot. R 1I Rnd R. .;hall be i f d neaFeF to the id i f line the ..r e„. sid-P of f. When the slope of the front half of a lot is greater than a one (1) foot rise or fall in a horizontal distance of four (4) feet from the established street elevation at the front property line. one attached or detached garage may be permitted to occupy the required front yard of an interior lot. However, no portion of any such garage shall be less than five (5) feet from the side or front property line and the garage shall not TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 45 exceed ten (10) feet in height. g. Portable shade structures shall not be located in a side or front yard. Temporary, portable shade structures may be permitted in the rear yards, subject to the approval of a site plan approval, provided that they are not visible from the public right -of -way, that they meet all applicable setback and height requirements for accessory structures and that they do not obstruct access to required parking. Such temporary structures shall be maintained in good condition. Torn fabric, bent or broken support members shall be replaced or repaired as needed. Any temporary structure maintained in disrepair shall be repaired, replaced, or removed from the site. Reflective, mirror -type material is prohibited. Temporary structures are subject to building coverage requirements and shall be included in the maximum lot coverage. h. In the R -3 zone there shall be a minimum distance of fifteen (15) feet measured horizontally between a swimming pool and the nearest point of a balcony, porch, second story patio, sun deck, or other architectural feature of a building or structure with windows, doors, or other openings of sufficient size to permit the passage of persons. 4. Garages. a. The capacity of a garage shall not exceed three (3) automobiles and seven hundred and fifty (750) square feet per dwelling unit. I„ the o 2 zone, an = tta6he' gaFage 5. Architectural consistency. All accessory structures on a permanent foundation shall be consistent in exterior appearance with the primary structure through the use of similar /matching exterior paint colors, material types, and architectural styles. 6. Site plan review. A site plan review shall be required for any accessory structure greater than one hundred and twenty (120) square feet, whether the total area is in one building or cumulatively in multiple buildings, including storage structures and workshops but not including required garages. 17.32.040 Accessory structures in non - residential zones. A. Height adjacent to residential zones. .01110 a IM, TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES In all zones, accessory structures shall not exceed a height of fifteen (15) feet, when located within between a residential property line and the variable height measuring point, as illustrated in the Variable Height Diagrams in Section 17.08.050(1), provided that the minimum building setback requirements in the underlying zone are satisfied. B. Architectural consistency. All accessory structures on a permanent foundation shall be consistent in exterior appearance with the primary structure through the use of similar /matching exterior paint colors, material types, and architectural styles. 17.32.050 Solid waste and recyclable materials storage areas. Design and construction of storage waste areas shall be subject to the approval of the Community Development Director or his /her designee. The following are minimum standards:. A. Architectural design. Enclosed solid waste collection areas shall be conveniently located and shall be an integral part of the architectural development of properties with three (3) or more residential units and all properties with non - residential development. The enclosure areas shall be of the same architectural style of the development by the use of colors, materials, and design. B. Minimum dimensions. Enclosure dimensions shall be a minimum of six feet six inches (6-6 ") in depth by ten feet eight inches (10' -8 ") in width for single bin enclosures, and a minimum of six feet six inches (6' -6 ") in depth by 18 feet eight inches (18' -8 ") in width for double bin enclosures. Trash enclosures shall be constructed with reinforced masonry block walls not less than six (6) feet in height and shall be equipped with self - closing, solid, doors and a solid roof. The roof should provide adequate clearance to allow complete access of waste bins. The enclosure shall be designed to accommodate individual bins or containers that protect contents from adverse environmental conditions that might render recyclable materials unmarketable. C. Location. No trash enclosure shall be located in any required parking stall, vehicle back -up aisle, or required landscaped area. D. Adequate vehicular access to and from the solid waste collection area shall be provided. E. Solid waste collection areas shall be maintained in a closed manner at all times to prohibit the visibility from public right -of -way or adjacent property. Doors shall be properly secured to prevent access by unauthorized persons and minimize scavenging, while allowing authorized persons' access for disposal and collection of materials. TITLE 17 - ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES 4f Chapter 17.36 CONDOMINIUMS AND CONDOMINIUM CONVERSIONS Sections: 17.36.010 Intent and purpose. 17.36.020 Applicability. 17.36.030 Definitions. 17.36.040 Permitted zones. 17.36.050 Procedure and submittal requirements. 17.36.060 Development standards. 17.36.070 Condominium conversions. 17.36.010 Intent and purpose. These regulations are intended to provide criteria by which condominium projects, community apartment projects, and stock cooperative projects, may be developed to achieve environments of stable and desirable character. Regulations are set to insure a well- designed and viable blend of improvements with common and /or private open space. The standards of density, open space, light and air, and pedestrian and vehicular traffic circulation are intended to create projects that are well designed, aesthetically pleasing, and of a desirable character. 17.36.020 Applicability. A. Condominium projects, including applications for condominium conversions, constructed on a parcel of less than forty three thousand five hundred sixty (43,560) square feet, but equal to, or exceeding twenty thousand (20,000) square feet in area, shall be developed in accordance with the provisions of this section. B. Condominium projects constructed on a parcel equal to or exceeding forty three thousand five hundred sixty (43,560) square feet shall be processed and developed in accordance with the provisions of the Planned Development (P -D) District requirements set forth in Chapter 17.24 (Special Purpose Zoning Districts). Further, the provisions of this section shall be used as general development guidelines. 17.36.030 Definitions. "Bedroom" means a defined area within a residential unit containing a closet or area of storage, and is sufficient in size to provide for sleeping purposes. "Community Apartment Project" means an apartment development in which an undivided interest in the land is coupled with the right of exclusive occupancy of an apartment located thereon. For the purposes of this chapter, community apartment projects shall be subject to the same regulations as condominium projects. "Condominium" means an estate in real property consisting of an undivided interest in common, in a portion of a parcel or real property, together with a separate interest in space in real property, such as a residence, townhouse, apartment house, office or offices, store, or stores. A condominium may include, in addition, a separate interest in other portions of such real property. TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 48 "Condominium Conversion" means the conversion of real property from occupancy under existing tenancies or estates, and regardless of residential, industrial or commercial tenure, to occupancy under condominiums, community apartment or stock cooperative interests. For the purposes of this section, condominium conversions will be subject to the same approval process as condominium projects. "Condominium Projects" means the entire parcel of real property, including all structures thereon, subdivided or to be subdivided, for purposes of constructing or converting existing structures to condominium units. "Open Space" means usable open space which: (1) has been well- designed, (2) has been provided with landscaping and recreational facilities; and (3) has been provided with a program of continuing maintenance by the Condominium Owners Association. "Common Open Space" means land area set aside for the residents of a condominium project which is owned by the Condominium Owners Association. "Private Open Space" means land area designated and maintained for the exclusive use of the occupants of the appurtenant dwelling unit. "Stock Cooperative" means a corporation which is formed eF availed of pFFRaf4y for the purpose of holding title to, either in fee simple or for a term of years, improved real property if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title4e which is held by the corporation, which right of occupancy is transferable only sensarrently with the transfer of the share or shares of stock in the corporation held by the person having such right of occupancy. For the purposes of this chapter, stock cooperatives will be subject to the same regulations as condominium projects. "Vehicle Access and /or Driveway" means a private way for the use of vehicles. 17.36.040 Permitted zones. A. Commercial /industrial condominium projects shall be permitted only in the RC -MUDO (Residential /Commercial Mixed -Use Development Overlay), P -O (Professional Office), C -4 (Regional Commercial), CI -MU (Commercial - Industrial Mixed Use), M -1 (Light Manufacturing and Industrial), and P -D (Planned Development) zones. Where the P -D zone is the base zone in combination with the RC -MUDO overlay zone. the RC -MUDO shall be standard for the residential portion of the development, which may be modified by the City Council upon adoption of the P -D zone. B. Residential condominium projects shall be permitted only in the RC -MUDO (Residential /Commercial Mixed -Use Overlay), R -3 (Medium Multiple Residential), and P -D (Planned Development) zones. 17.36.050 Procedure and submittal requirements. A. Application for Discretionary Site Plan and Design Review approval. Concurrently with the submission of a Tentative Tract Map, the applicant shall submit an application for a Discretionary Site Plan and Design Review application to the Community Development Department that contains the following information. A site plan drawn at a scale which clearly defines and depicts compliance with all applicable development standards and the following items: TITLE 17 - ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES 49 a. The square- footage of each unit and the number of bedrooms in each unit, if applicable. b. The layout and delineation, defined square- footage, of all common and private areas, c. The layout and location of all storage space, d. The layout and location of all facilities and amenities provided within the common area for the enjoyment and use of unit owners, e. The layout of all private and guest parking spaces to be used in conjunction with each condominium unit, f. Location and type of surfacing of all driveways, pedestrian walkways, vehicular parking areas, and curb cuts, g. Trash enclosure construction and location details, h. Location, height and type of all walls and /or fences in relationship to existing adjacent grade levels. Cross sections shall be included, and Mailbox locations that encourage proper vehicular and pedestrian traffic flow within the project. 2. Preliminary grading plan. A grading and drainage plan, in sea -level elevations, shall be submitted which indicates the existing grade for the project as well as the neighboring properties on all sides, and the proposed finished grades associated with the project. a. Drainage plan concepts shall be developed under the following priorities of design preference: 1) Natural historic flow. 2) Natural /mechanical flow. 3) Mechanical (pump). b. Provisions for cross -lot drainage, such as easement and drainage devices, if applicable. 3. Preliminary landscaping plan. A preliminary landscaping plan of the project shall indicate the types and sizes of landscaping materials and permanent irrigation facilities. The landscaping plan shall be prepared in compliance with the City's Water Efficient Landscape Ordinance (Rosemead Municipal Code Title 13, Chapter 13.08). 4. Preliminary lighting plan. A preliminary lighting plan shall indicate the location and nature of lighting and lighting fixtures proposed in common areas. 5. Preliminary master sign program. A preliminary master sign program shall be developed and submitted in accordance with the sign area provisions outlined in Chapter 17.116 (Signs). TITLE 17 - ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES 5u 6. Proposed condominium documents. Proposed condominium documents, including those portions of the covenants, conditions, and restrictions that apply to the conveyance of units, the assignment of parking, and the management and maintenance of common areas and improvements shall be submitted. Delineation of shared common spaces. Delineation of shared common spaces (including shared access areas, utility corridors, etc.) shall be clearly delineated with bearings and distances. 8. Other information. Other information that the Community Development Director determines may be necessary to evaluate the proposed project to ensure consistency with the General Plan, this Zoning Code, and any other applicable City regulations. B. Planning Commission evaluation. The Commission will review and will approve or conditionally approve if the plan meets the requirements of Chapter 17.136. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 51 17.36.060 Development standards. The following regulations shall apply to condominium projects unless otherwise provided in this Zoning Code. A. Minimum Lot area. 1. Minimum lot area for commercial /industrial condominium and stock cooperatives. The minimum lot or parcel area for a commercial or industrial condominium project shall be forty thousand (40,000) square feet, and shall have a minimum street frontage of one hundred (100) feet, and a minimum lot depth of one hundred (100) feet as measured from the center line of the property. 2. Minimum lot area for residential projects. The minimum lot or parcel area for a residential condominium project shall be twenty thousand (20,000) square feet, and shall have a minimum street frontage of one hundred (100) feet, and a minimum depth one hundred (100) feet as measured from the center line of the property. B. Density, lot coverage, and floor area ratio. Density, lot coverage. and floor area ratio shall conform to the requirements of the General Plan and Zoning Code requirements for the district in which the condominium project is proposed. C. Dwelling unit size (residential projects only). 1. Each dwelling unit shall have a minimum floor area as shown in Table 17.32.060.1. (Residential Condominium Floor Area Requirements). 2. Each bedroom shall be a minimum of one hundred and sixty (160) square feet, and not less than twelve (12) feet in any direction. an any dimenson. TABLE 17.36.060.1 RESIDENTIAL CONDOMINIUM FLOOR AREA REQUIREMENTS Unit Type Minimum Floor Area Studio Unit 600 square feet One Bedroom Unit 650 square feet Two Bedroom Unit 800 square feet For Each Additional Bedroom An additional 200 square feet TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 52 D. Minimum building setbacks. Condominium projects shall be subject to the setback requirements of the specific zones in which they are located. FFORt Yard S tb '( Fifteens -15) feet minimum Na garage shall d*FBGtly `° street E. Maximum building height. The maximum building height shall conform to the requirements of the General Plan and Zoning Code for the district in which the condominium project is proposed. TITLE 17 - ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES 53 F. Fences. masonry walls and height requirements. Each development shall be improved with fencing, walls, and landscape screening in accordance with Chapter 17.68 (Fences, Walls, and Landscape Screening). G. Landscaping. In addition to any landscape provisions required within the zone in which a condominium project is proposed, the following additional landscape criteria shall be followed: 1. All setback areas fronting on or visible from an adjacent public street, and all leisure, open space, and recreation areas shall be landscaped in an attractive manner and provided with a method for the maintenance of the areas. 2. Decorative design elements (e.g., benches, exterior recreational facilities, fountains, planters, pools, sculptures, and similar elements) may be allowed, provided the elements are incorporated as a part of the landscaping plans, except where otherwise prohibited. 3. Permanent and automatic irrigation facilities shall be provided in all planted landscaped areas. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 54 H. Lighting. In addition to the requirements set forth in Chapter 17.88 (Lighting), condominium projects shall conform to the following additional regulations. The subdivider shall install an on -site lighting system on all vehicular access ways and along major walkways. 2. The lighting shall be directed onto the driveways and walkways within the development and away from the adjacent properties. 3. Appropriate lighting shall also be installed within all covered and /or enclosed parking areas. Open space (residential projects only). There shall be provided a minimum of four hundred (400) square feet of private and /or common open space per unit, or any combination thereof exclusive of front yard setback, side yard setback, vehicular access ways, and off - street parking areas. Open space shall be devoted to landscaping and outdoor recreational facilities incidental to the residential development which may include, but are not limited to: swimming pools, tennis courts, children's play areas, barbecue and picnic areas. Open space within the condominium project should be oriented so as to provide separation of vehicular traffic from the open space. Storage and utility space (residential projects). A single area having a minimum of two hundred and forty (240) cubic feet of private and secure storage space shall be provided for each unit exclusive of closets and cupboards within the living space of the dwelling unit. Such storage may be located within the garage, provided it does not interfere with automobile parking. Each residential condominium unit shall also have utility space for a washer and dryer and, adjacent to the conventional hot water heater, a floor area of two and one half (2.5) feet by two and one half (2.5) feet and eight (8) feet high for a solar hot water storage tank. K. Trash collection facilities. Adequate refuse and solid waste collection containers shall be provided and conveniently located near the dwelling units they serve. The refuse location(s) shall provide for large refuse collection vehicle circulation and access from a public street or alley. See Chapter 17.32 (Accessory Structures) for additional development standards. TITLE 17- ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES L. Parking. 1. Residential Parking. a. Number of parking spaces required. Residential condominium projects shall be provided with the following minimum number of parking spaces, each no smaller than ten (10) feet by twenty (20) feet. (1) Two (2) fully enclosed parking spaces per dwelling unit. (2) Two (2) guest One (1) guest parking space per every two (2) dwelling units. (3) bedMaMS GARtAin WthiR a dwe"iRg Unit, ORe half guest awking shall be picovided therefor. One -half (1/2) guest parking space shall be provided for each additional bedroom in dwelling units containing more than three (3) bedrooms. b. No garage or guest parking space shall be located more than one hundred (100) feet from the unit it serves. c Tandem parking is prohibited. d. Enclosed garage areas shall be provided with automatic fire extinguishing systems. e. The Planning Commission may approve a plan that groups all or part of the required parking if the Commission finds the following. (1) Such parking is useful and accessible to the proposed dwelling units. (2) Such parking provides more contiguous or usable open space. (3) Garage door entry and exit is oriented away from open space. (4) Where subterranean parking is utilized, the requirements of Chapter 17.112 (Off Street Parking and Loading) shall also apply. 2. Residential driveway requirements. Minimum driveway standards shall be as follows: twenty -six (26) feet of unobstructed width, and thirteen and one half (13.5) feet of unobstructed vertical clearance. The unobstructed vertical clearance standard shall not be applicable to subterranean parking. Second story projections, such as balconies and landings may project no more than three (3) feet into the driveway width for minimum clearance of twenty (20) feet. All driveways shall comply with the County of Los Angeles Fire Department Access Standards. All points of vehicular access to and from driveways onto public rights -of- way shall be subject to the approval of the City Traffic Engineer. Driveways shall be situated so as not to be adjacent to any common open space. All interior private driveway paving shall be a minimum of the following: TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES a. Subsoil compacted to ninety (90) percent density for adequate load bearing conditions. b. Four (4) inch AC over six (6) inch base material crushed aggregate, or six (6) inches of concrete. Commercial and industrial parking, loading, and driveway requirements. Commercial and industrial condominium parking requirements shall conform to the requirements of Chapter 17.112 (Off Street Parking and Loading). 17.36.070 Condominium conversions. Procedures. Condominium conversions shall be subject to the application and approval of a Conditional Use Permit. In addition to those required to be notified of a public hearing, all tenants and /or legal occupants then occupying the proposed conversion site shall be notified in writing of the public hearing. A complete list of tenants and /or legal occupants shall be submitted to the Community Development Department by the applicant. These requirements in no way diminish the responsibilities of the applicant to comply with all state, county and local requirements. All proposed condominium conversions, in addition to meeting the current Building Code requirements, shall comply with the parking and open space requirements for new condominium projects. 17.36.080 StandaFd Conditions G. A!I heat Fig and air Gond t OR Rg shall be SGFeened ftom view and shall comply with Gha 8+36. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES TITLE 17 — ZONING ARTICLE 3 — REGULATIONS FOR SPECIAL USES AND STRUCTURES b8 TITLE 17 - ZONING ARTICLE 3- REGULATIONS FOR SPECIAL USES AND STRUCTURES 59 Chapter 17.42 MOBILE HOMES AND MANUFACTURED HOUSING Section: 17.42.010 Manufactured housing requirements. 17.42.010 Manufactured housing requirements. A. Manufactured housing may only be used for a single - family dwelling. A manufactured housing unit shall be considered a single - family dwelling and is subject to the Residential District Development Standards identified in Chapter 17.12 (Residential Zoning Districts). B. Foundation required. A manufactured home shall be installed and maintained upon a permanent, continuous, exterior. masonry. or concrete foundation. C. Design standards. All manufactured housing units shall comply with the site design and architectural standards set forth in Section 17.12.030.B.1.h (R -1 and R -2 Design Standards). D. Roofs on manufactured housing shall include a roof overhang with eaves. E. Flat roofs are not permitted. A minimum roof pitch of four (4) to twelve (12) is required. F. Manufactured housing may be prohibited. The Community Development Director, pursuant to Section 65852.3(a) of the California Government Code, shall have the authority to preclude the installation of a manufactured housing unit if the manufactured housing unit was constructed ten (10) or more years prior to the date of the application for permit issuance to install the manufactured housing unit. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 60 Chapter 17.46 MOBILE HOME PARKS & PARK CONVERSIONS Sections: 17.46.010 Definitions. 17.46.020 Exemptions. 17.46.030 Applicability. 17.46.040 Required improvements and standards. 17.46.050 Mobile home park conversions. 17.46.010 Definitions For the purpose of carrying out the intent of this section: "Applicant" means the person(s), firm(s), entity(ies) or corporation(s) applying for any application for the purpose of converting, changing to another use, closing, or ceasing to use land as a mobile home park. If the owner of the controlling interest in a mobile home park is not the applicant, then the applicant must provide evidence of the controlling owner's consent to the filing of the application. "Cessation of Use of Land as Mobile Home Park" means a decision by the owner(s) of a mobile home park to discontinue the use of the property as a mobile home park which was not the result of an adjudication of bankruptcy. "City Council" means the City Council of the City of Rosemead or its designated advisory body. "Commercial Modular ", as defined in the Health and Safety Code Section 18001.8, means a structure transportable in one or more sections, designed and equipped for human occupancy for industrial, professional, or commercial purposes, which is required to be moved under permit, and shall include a trailer coach as defined in Section 635 of the Vehicle Code. "Commercial Coach" has the same meaning as "commercial modular" as that term is defined in this section. "Comparable Housing" means housing that is equivalent in terms of amenities, condition, location, price and size (floor area and number of bedrooms) to the mobile home to which comparison is being made. "Comparable Mobile Home Park" means a mobile home park that is equivalent in terms of amenities, condition, location and rental price to the mobile home park to which comparison is being made. "Conversion Impact Report" means a report, meeting the requirements of this section, describing (i) the impacts of a mobile home park conversion on affected mobile home owners and residents: and (ii) the measures that will be taken to mitigate adverse impacts of such conversion on affected mobile home owners and residents. "Conversion of a Mobile Home Park" means changing the use of a mobile home park for a purpose other than the rental, or the holding out for rent, of two or more mobile home sites to TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES bl accommodate mobile homes used for human habitation. Such a conversion may affect an entire mobile home park or any portion thereof. A conversion shall include, but is not limited to, a change of any existing mobile home park or any portion thereof to condominium, stock cooperative, planned unit development, or any form of ownership wherein spaces within the mobile home park are to be sold, and the cessation of use of all or a portion of the park as a mobile home park, whether immediately or on a gradual basis, or the closure of the park. "Conversion" shall not include the purchase of the park by its existing residents. The provisions of Government Code Section 66427.5 shall apply in that circumstance. "Enforcement Agency" means the Community Development Director of the City or a duly appointed representative. "Mobile Home" home paFks and Gapable of be Rg equ pped w th wheels OF AWMIGIF devices feF the Purpose a means a trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, that is over eight feet in width and forty (40) feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory-built housing. A mobile home on a permanent foundation is included under the definition of "Single -unit dwelling." "Mobile Home Owner" means the registered owner or owners of a mobile home, who has a tenancy in a mobile home park under a rental or lease agreement. "Mobile home park" as used in this section, shall have the same meaning as defined in the Health and Safety Code Section 18214. "Mobile Home Park Owner" or "Park Owner" means the owner, lessor, operator or manager of a mobile home park in the City of Rosemead. "Mobile Home Resident" or "Resident" includes the following: the registered owner or owners of a mobile home, who has a tenancy in a mobile home park under a rental or lease agreement (whether or not the owner(s) occupy such mobile home) or a member of the immediate household of the mobile home owner (provided such member resides within the mobile home), a person who occupies a mobile home within a mobile home park pursuant to a bona fide lease or rental agreement with the mobile home owner and who, during his or her tenancy, was not the owner or member of the immediate household of the mobile home owner. "Mobile Home Space" means any area, tract of land, site, lot, pad, or portion of a mobile home park designated or used for the occupancy of one mobile home. "Park" means any plot of ground, area or tract of land upon which two or more mobile homes are located and occupied for dwelling or sleeping purposes whether or not a charge is made for such accommodations. This subsection shall not be construed to include automobile, motor home, or mobile home sales lots on which unoccupied vehicles are parked for the purposes of inspection and sale. TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES "Trailer Park" means an area of land where two or more trailer spaces are rented, or held out for rent, to accommodate trailers used for human habitation, and where the predominant number of spaces is occupied for nine or more consecutive months. 17.46.020 Exemptions. The requirements of this section shall not apply to mobile home parks in existence at the time of the adoption of this section unless such mobile home park desires to increase the number of mobile home spaces. In such event, the park shall be required to apply for a conditional use permit and comply with each of the requirements of this section. 17.46.030 Applicability Conditional use PeFFRit reqUiFed. The provisions of this Section shall apply to Mobile Home Parks and Park Conversions as defined in Section 17.46.010 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards). pursuant to Chapter 17.132. 17.46.040 Required improvements and standards. Construction of mobilehome parks are subject to the California Code of Regulations, Title 25, Division 1 and operation of a mobilehome park is subject to the California Civil Code Section 798 et seq. ( Mobilehome Residency Law) and the California Health and Safety Code Section 18000 et seq. (Mobilehomes- Manufactured Housing Act of 1980). The City of Rosemead will not grant occupancy until applicant submits proof that all requirements of the State law and the following City development standards have been satisfied. A. Mobile Home Space Minimum. Each mobile home space shall consist of at least three thousand (3,000) square feet. B. Recreation Area. At least one hundred (100) square feet of the park shall be devoted to recreational uses for each dwelling unit. Any structure devoted to recreational uses shall be permanent and may not consist of a mobile home. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES tis K. F Fe extingUiSh Fig equipment leGated thFoughout the park in the size, nuirrbeF and type des griated by the Los Angeles County F Fe Departmert, L. Garbage Gans IGGated wthiR one hund-Fed ;;Rd fifty (150) feet of eaGh mebile hE)Fne SpaGe r! GORta .d iR I as deSGribed iR 4h' d or frart on thereof, 117.46.060 Requoired standards. The fallowmg standards shall apply to Fnebie home pa*6. 17.46.050 Mobile home park conversions. A. Purpose. The purpose of this section is to provide regulations for the conversion, closure, or cessation of use of mobile home parks, which assures that no undue financial hardship to residents are incurred by mobile home park conversion, while recognizing the rights of park owners to pursue changes in land use. B. Conversion impact report required. Any applicant for a conversion of a mobile home park to any other use as defined by the section shall be required to submit a Conversion Impact Report to the Community Development Director or his designee at the same time notice of the change of use is given to mobile home resident(s) per Civil Code Section 798.56, which is not less than twelve (12) months prior to the park owner's planned change of use. C. Notification of the mobile home park residents. Upon providing a Conversion Impact Report, the Community Development Director or his designee(s) shall inform the applicant of the requirements of Civil Code Section 798.56 and Government Code Section 65863.8 regarding notification of the mobile home park residents concerning the proposed conversion. The Community Development Director or his designee(s) shall specify in writing to the applicant the information that must be submitted in order to adequately notify all existing residents as required by the California Government Code, the California Civil Code. and this section. Notification, including a copy of the Conversion Impact Report, to residents and mobile home owners shall be made at least fifteen (15) days prior to any hearing on the application. No hearing on the application shall be held or any other action on the application taken until the applicant has provided to the City satisfactory verification that the required notice has been provided. D. Review of the conversion impact report. TITLE 17 -ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES 64 No public hearing on the Conversion Impact Report will occur until the Conversion Impact Report has been reviewed by the Community Development Director or his or her designee(s) for substantial conformance with the requirements of this section. E. Required contents of the conversion impact report. At a minimum, the Conversion Impact Report shall include the following, as well as any other information deemed necessary and appropriate by the Community Development Director or his or her designee(s): 1. A detailed narrative description of the proposed use to which the mobile home park is to be converted. 2. The proposed timetable for implementation of the conversion and development of the site. 3. A detailed description of the mobile home spaces within the mobile home park, including, but not limited to: a. The total number of mobile home spaces in the park and the number of spaces occupied. b. The length of time each space has been occupied by the present resident(s) thereof. c. The age, size, and type of mobile home occupying each space d. The monthly rent currently charged for each space, including any utilities or other costs paid by the present resident(s) thereof. e. Name and mailing address of the resident(s) of each mobile home within the mobile home park as well as the mobile home owner (for each mobile home that is not owner - occupied) on three sets of gummed labels for the mailing of notice of public hearings. 4. A list of all comparable mobile home parks within the City of Rosemead and within 50 miles of the City. This list shall include the age of the mobile home park and the mobile homes therein, range of rental rates for each park listed and the criteria of the management of each park for acceptance of new residents and used mobile homes. Information pertaining to the availability of medical and dental services, shopping facilities, and all nearby social and religious services and facilities shall also be included. 5. A detailed analysis of the impact of the relocation on the residents including comparisons of current rents paid and rents to be paid at comparable mobile home parks within the fifty (50) mile relocation zone, the estimated costs of moving a mobile home and /or personal property, and any direct or indirect costs associated with a relocation to another mobile home park or any other type of housing unit. 6. A list of the names, addresses and telephone numbers of one or more housing specialists, with an explanation of the services the specialists will perform at the applicant's expense for the residents to be displaced. These services shall include, but not be limited to, assistance in locating a suitable replacement mobile home park, assuring that residents without cars are driven, by means of suitable transportation at no TITLE 17 —ZONING ARTICLE 3 —REGULATIONS FOR SPECIAL USES AND STRUCTURES bb cost to the resident, to inspect replacement spaces or homes and otherwise take reasonable steps to assist any disabled or handicapped residents with relocation - related activities, coordination of moving the mobile home and personal property, and any other tasks necessary to facilitate the relocation to another comparable mobile home park. 7. A relocation plan for residents of the mobile home park and provide, at a minimum, for the following: a. The names, addresses, telephone numbers, and fee schedules of at least three independent third parties in the area who are qualified as an appraiser of mobile homes for the purpose of financing or sale. b. The names, addresses, telephone numbers, and fee schedules of persons in the area qualified as mobile home movers. c. Provisions for the applicant to pay all reasonable costs of relocation as would be charged by a professional mover to a comparable mobile home park within the City of Rosemead or within fifty (50) miles of the City to any mobile home owner at the time a Conversion Impact Report is submitted. The reasonable cost of relocation shall include the cost of relocating a displaced homeowner's mobile home, accessories, and possessions, including the costs for disassembly, removal, transportation, and reinstallation of the mobile home and accessories at the new site, and replacement or reconstruction of the blocks, skirting, siding, porches, decks, awnings, storage sheds, cabanas, or earthquake bracing if necessitated by the relocation; indemnification for any damage to personal property of the resident caused by the relocation, reasonable living expenses of displaced park residents from the date of actual displacement to the date of occupancy at the new site; and payment of any security deposit required at the new site. When any resident has given notice of his or her intent to move prior to an approved Conversion Impact Report, eligibility to receive moving expenses shall be forfeited. d. Identify those mobile homes that cannot be relocated to a comparable mobile home park within the City of Rosemead or within fifty (50) miles of the City and the mobile home owner has elected to sell his or her mobile home. The relocation plan shall identify the reasons why the mobile homes cannot be relocated. In those circumstances the applicant shall be required to purchase the mobile home of a displaced home owner at the appraised fair market value of the mobile home itself, as well as appliances, accessories, and appurtenant structures, as a part of the reasonable cost of relocation as provided for in Government Code Section 65863.7(e). The fair market value shall be determined by an independent third party who is qualified as an appraiser of mobile homes for the purpose of financing or sale. "Fair market value" means the probable price which a mobile home would bring in a competitive and open market under all conditions requisite to a sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by any undue stimulus. "Fair market value "' does not include any "in- place" value, or value attributable to its continued siting on the rented space at the mobile home park. If a dispute arises as to the appraised value of a mobile home, the applicant and the homeowner shall have appraisals prepared by separate qualified appraisers of mobile homes with experience in establishing the value of mobile homes for the purpose of financing or sale. The cost for both appraisals shall be TITLE 17 - ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES bb paid for by the mobile home park owner. The fair market value shall be based upon the average of the appraisals submitted by the applicant and mobile home owner. e. Notwithstanding any other provision of this section, as an alternative to the requirements of this section, the mobile home owner and mobile home park owner may agree to mutually satisfactory conditions. Compliance with said agreement by the mobile home park owner shall constitute compliance with this section. To be valid, however, such an agreement shall be in writing, shall include a provision stating that the resident is aware of the provisions of this section, shall include a copy of this section as an attachment, shall include a provision in at least 12 -point type which clearly informs the resident that they have the right to seek the advice of an attorney of their choice prior to signing the agreement with regard to their rights under such agreement and shall be drafted in the form and content otherwise required by applicable state law. Public hearing. A hearing shall be held before the City Council or its designated advisory body on the Conversion Impact Report prior to the eviction of any mobile home resident pursuant to this section. (If the Council designates an advisory body, all responsibilities of the Council with respect to the public hearing shall be the responsibility of the advisory body.) At this hearing, the City Council shall review the application documentation. At the conclusion of the hearing, the City Council shall either accept the Conversion Impact Report as complete or add additional mitigation measures pursuant to California Government Code Section 65863.7(e) provided those measures do not exceed the reasonable cost of relocation. The public hearing shall be held not later than ninety (90) days prior to the date provided in the notice of closure to the residents of the mobile home park. G. Decision regarding conversion impact report. At the public hearing, the City Council shall approve, conditionally approve or reject a proposed Conversion Impact Report. The City Council shall approve or conditionally approve a Conversion Impact Report if it finds that the Conversion Impact Report contains, or has been conditioned to contain, reasonable measures to mitigate the adverse impacts of the mobile home park conversion on affected mobile home owners and residents. The City Council in making its decision on the Conversion Impact Report shall consider all relevant factors, including, but not limited to, the prior history of rent adjustments for the affected mobile home owners and residents. 2. The City Council may impose conditions in connection with its approval of a Conversion Impact Report. Such conditions may include, but are not limited to, payments to affected mobile home owners and residents to mitigate the following expenses as applicable to each particular mobile home owner having a mobile home in the mobile home park. a. The expense of relocating the mobile home to a comparable mobile home park. The amount of such payment shall be based upon consideration of moving, tear -down and set -up costs. Moving costs include the cost of moving the mobile home and the cost of moving associated relocatable mobile home improvements. Set -up costs include the cost of connecting utilities at the replacement mobile home park and the cost of any upgrades required to comply with applicable laws. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES b. The expense of forfeiting the mobile home. The amount of such payment shall be based upon consideration of the fair market value as described in this section. c. The expense of assuming tenancy in a comparable mobile home park. The amount of such payment shall be based upon consideration of the following. 1) Moving costs. 2) First month's rent, last month's rent and security deposit at the replacement mobile home park. 3) Differential as of the date of relocation between rental rates at the mobile home park being converted and the replacement mobile home park during the first year of relocation (12 months), or the differential as of the date of relocation between the space rental rate identified in the Fair Market Rents for Manufactured Home Spaces for Los Angeles -Long Beach in the Section 8 Housing Choice Voucher Program published by HUD (or such successor index published by HUD) and the replacement mobile home park during the first year of relocation. The calculation yielding the greater rental subsidy shall be used. The expense of assuming tenancy in comparable housing. The amount of such payment shall be based upon consideration of the following. 1) Moving costs 2) First month's rent, last month's rent, and security deposit at the replacement housing. 3) Differential as of the date of relocation between the rental rate at the mobile home park being converted and the comparable housing during the first year of relocation (12 months), or the differential as of the date of relocation between the space rental rate identified in the Fair Market Rents for Manufactured Home Spaces for Los Angeles -Long Beach in the Section 8 Housing Choice Voucher Program published by HUD (or such successor index published by HUD) and the replacement comparable housing during the first year of relocation. The calculation yielding the greater rental subsidy shall be used. e. The conditions imposed in connection with approval of a Conversion Impact Report shall not exceed the reasonable costs of relocation. Conditions shall only be imposed in order to ensure that the applicant/mobile home park owner adequately mitigates adverse impacts of the mobile home park conversion on affected mobile home owners and residents. In imposing conditions, the City Council shall interpret and apply this section in a manner consistent with applicable law. H. Notice and distribution of conversion impact report prior to public hearing. Not less than fifteen (15) days prior to a scheduled hearing before the City Council, the owner of the mobile home park shall transmit to the mobile home owner and resident of each mobile home occupying a space within the mobile home park a copy of the Conversion Impact Report, a copy of this section, and notices of the dates, times and places of the public hearings or any informational meetings and shall inform each mobile home owner that he or she has the right to appear to object to the failure to meet the requirements of this section with respect to his or her home's relocation. The copies provided shall be free of charge. Proof of service of distribution of the impact report to each resident must be filed by the applicant with the City Manager or his or her designee(s) seven days prior to the hearing and shall be signed under penalty of perjury. A hearing shall not be held until the applicant has satisfactorily verified to the City that all persons have received proper notifications. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 68 Required findings at public hearing. In approving a Conversion Impact Report for a mobile home park conversion, the City Council shall find that the proposed conversion meets the following requirements in addition to the other requirements of this section. The proposed use of the property is consistent with the General Plan and any and all of its elements, any applicable specific plan or planned development plan or similar mechanism provided for in state law or city ordinances and this section. 2. The residents of the mobile home park have been adequately notified of the proposed conversion, including information pertaining to the anticipated timing of the proposed conversion. 3. The applicant has substantially complied with the required contents of its Conversion Impact Report including that any mobile home resident displaced as a result of the conversion shall be compensated by the applicant for all reasonable costs incurred as a result of their relocation. J. Modification of approved conversion impact report. 1. The City Council may, upon request of applicant and after holding a public hearing, modify the provisions of an approved Conversion Impact Report. A modification may be approved where the City Council finds that there has been a change in circumstances, or there is new information that could not have reasonably been known or considered at the time of the original hearing on approval of the Conversion Impact Report. 2. The City Council may impose additional conditions as deemed necessary to mitigate any adverse impacts resulting from a modification of an approved Conversion Impact Report. K. Expiration of conversion impact report. An approved Conversion Impact Report shall expire according to the expiration date listed in the Conversion Impact Report, unless an extension is granted prior to such date pursuant to this section. 2. The City Council may, upon request of the applicant and after holding a public hearing, extend the term of an approved Conversion Impact Report. An extension may be granted where the City Council finds that expiration of the Conversion Impact Report would constitute an undue economic hardship to the applicant. 3. The City Council may impose additional conditions as deemed necessary to mitigate any adverse impacts resulting from an extension. The City may grant multiple extensions of an approved Conversion Impact Report but no single extension shall have a duration in excess of one (1) year. L. Nullification of impact report. The City Council may, upon request of the Community Development Director or his designee and after holding a public hearing, order an approved Conversion Impact Report null and void. No nullification shall be ordered unless the City Council makes either of the following findings. TITLE 17 - ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES 69 1. Approval of the Conversion Impact Report was obtained fraudulently. The applicant has failed to comply with the mitigation measures set forth in, or the conditions imposed in connection with, the approved Conversion Impact Report. M. Appeal. Any City Council decision pursuant to this section is final. In the event the City Council designates authority to implement this section to an advisory body, all decisions of the advisory body shall be subject to appeal to the City Council as provided for in the provisions covering appeals to the Council from the Planning Commission. N. Processing fees. Each applicant seeking City approval, modification or extension of a Conversion Impact Report shall pay a nonrefundable application deposit in an amount established by City Council resolution. In addition, the applicant shall reimburse the City for all costs, including staff time and attorney's fees, incurred in processing and reviewing the applicant's Conversion Impact Report. O. Issuance of grading and /or building permits. No building permit shall be issued for the development of or on any real property which is being converted from a mobile home park pursuant to this section unless and until the applicant has filed with the Community Development Director or his designee(s) a verified statement made under penalty of perjury that the terms set forth by the City Council at the public hearing have been met or otherwise incorporated into the final project plans including the payment of all required relocation assistance required pursuant to this section. Such statement shall identify in itemized form each payee, the amount paid, the date of payment, and the type of relocation or other assistance for which each such payment was made. P. Exceptions to required relocation assistance. This section shall not apply in the following situations. The California Department of Housing and Community Development suspends or revokes a permit pursuant to Health and Safety Code Section 185910. 2. The resident received actual written notice from the owner of the mobile home park prior to entering into oral or written agreement to become a resident that an application to convert the mobile home park to another use was on file with the City or had already been approved. Q. Notification to city of termination of tenancy. 1. After the receipt of a City Council approved Conversion Impact Report, the mobile home park owner shall serve, by personal service or by United States mail, written notice to the City's Community Development Director or his designee(s) of the notice of termination of tenancy as required by California Civil Code Section 798.56. The notice shall be accompanied by a statement that the applicant/mobile home park owner has provided all relocation assistance required by the Conversion Impact Report, City Council, and state law, accompanied with proof of such assistance in the form of notarized signed acknowledgements from the recipients thereof or a notarized signed TITLE 17 - ZONING ARTICLE 3- REGULATIONS FOR SPECIAL USES AND STRUCTURES 70 waiver of assistance. The Community Development Director or his designee shall verify the validity of such statement. 3. If applicant/mobile home park owner fails to substantially comply with this subsection, as determined by the City Community Development Director or his designee(s), the City Community Development Director or his designee(s) shall forthwith notify all other appropriate City departments and officials of such noncompliance. These departments and officials shall not issue, grant or approve any application or request for any permit, license or other entitlement of use (including, but not limited to, a building permit, conditional use permit, zone change, variance, certificate of occupancy, tract or parcel map) for any change of use. R. Rental increase limits during conversion process. From the date of delivery of the 12 -month notice required by California Civil Code Section 798.56 through the date of relocation for a particular space, rental increases for such space shall be limited by the change in Consumer Price Index for All Urban Consumers in the Los Angeles /Anaheim /Riverside area for the 12 -month period immediately preceding the date of the notice, unless and until the mobile home park owner withdraws a submitted Conversion Impact Report. S. Conflicts with other laws. In the event the provisions of this section conflict with any code, ordinance or regulation of the City, the provisions of this section shall govern. In the event any provisions of this section conflict with a provision of state law, this section shall be interpreted and applied in conformity with state law. T. Violations. In addition to any remedies or penalties for noncompliance with any City Ordinance as provided elsewhere in the Municipal Code, any mobile home park owner or applicant who violates any rights of any mobile home owner or mobile home resident established under this section shall be liable to said person for actual damages caused by such violation, plus costs and reasonable attorney's fees. In addition, no mobile home park owner shall take any willful action to threaten, retaliate against, or harass any park resident with the intent to prevent such residents from exercising his or her rights under this section. TITLE 17 - ZONING ARTICLE 3- REGULATIONS FOR SPECIAL USES AND STRUCTURES /l Chapter 17.54 WIRELESS TELECOMMUNICATION FACILITIES Sections: 17.54.010 Purpose, intent and goals. 17.54.020 Definitions. 17.54.030 Applicability. 17.54.040 Exemptions. 17.54.050 Required approvals— expiration and renewal. 17.54.060 Application submission requirements. 17.54.070 Approval procedures— required findings. 17.54.080 Prohibited grounds for denial. 17.54.090 Requirements for administrative collocation. 17.54.100 Applicant's evidentiary burden. 17.54.110 Appeal - Conditional Use Permits. 17.54.120 Appeal - Administrative Collocation. 17.54.130 General development standards. 17.54.140 Design standards. 17.54.150 Noise. 17.54.160 RF and other emissions requirements. 17.54.170 Performance bond. 17.54.180 FAA Compliance. 17.54.190 Maintenance and security. 17.54.200 Maintenance responsibility. 17.54.210 Abandonment or discontinuance of use— removal of facilities. 17.54.220 Transfer of operation. 17.54.230 Revocation. 17.54.240 Wireless facilities in the public right -of -way. 17.54.250 Nonconforming facilities. 17.54.260 Fees. 17.54.010 Purpose, intent and goals. A. Purpose. The purpose of this section is to provide a uniform and comprehensive set of standards for the permitting, design, placement, affixing, attachment, mounting, construction, erection, installation, collocation, development, use, operation, maintenance and modification of wireless facilities, wireless transmission devices and related support structures and accessory equipment within the City of Rosemead. B. Intent. Balanced against the goals of federal and state laws designed to promote more reliable and cost competitive wireless service, the regulations set forth herein are intended to: 1. Safeguard the public health, safety and community welfare, TITLE 17 - ZONING ARTICLE 3- REGULATIONS FOR SPECIAL USES AND STRUCTURES /z 2. Preserve the aesthetic appearance of the Rosemead Community, 3. Promote the identification, examination and implementation of aesthetically innovative yet reasonably feasible techniques for the design and siting of wireless facilities and wireless transmission devices, 4. Promote approaches to designing and siting of wireless facilities and wireless transmission devices which are more compatible and harmonious with their surroundings, and 5. Promote the goals and policies of this section and the Rosemead General Plan. C. Goals. The goals of this section are to: 1. Protect the visual character of the City of Rosemead from the potential adverse effects of wireless facilities, wireless transmission devices, support structures and accessory equipment, 2. Prevent the emergence and proliferation of visual blight along visually significant or visually sensitive corridors within the City of Rosemead, including significant showcase corridors, 3. Recognize the rights of wireless facilities operators and wireless transmission devices under federal law and state law, and harmonize those with the City's interest; 4. Encourage users of wireless facilities and wireless transmission devices to locate such equipment in areas where any adverse impacts on the community are optimally mitigated and, where possible, encourage users of wireless facilities to collocate those facilities with existing wireless facilities; 5. Encourage users of wireless facilities, which include accessory equipment, to configure such equipment in a manner that minimizes their adverse visual impact, 6. Encourage the managed and aesthetically sensitive development of wireless facilities in the City of Rosemead, 7. Ensure that approved wireless facilities, wireless transmission devices and related accessory equipment and support structures are constructed and operated in a safe and legally compliant manner, and 8. Establish uniform criteria and procedures for the construction, installation and operation of wireless facilities, wireless transmission devices and related accessory equipment and support structures. 17.54.020 Definitions. For purposes of this section, the following terms shall have the meaning set forth herein: "Accessory Equipment" means any equipment or device necessary for the operation of a wireless transmission device and used in conjunction with a wireless transmission device and TITLE 17- ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 73 any related support structure. Such equipment or devices include, but are not limited to, utility or transmission equipment, power supplies, generators (including back -up generators), batteries, cables, equipment buildings, cabinets and storage shed shelters or other structures. "Administrative Collocation" shall have the same meaning as the term "collocation facility" as defined under Section 65850.6 of the California Government Code which generally refers to a type of collocation (as defined herein). Under Section 65850.6 of the California Government Code, administrative collocation requires a nondiscretionary approval when all of necessary circumstances and conditions set forth under Section 65850.6 of the California Government Code are met. Further, a nondiscretionary approval shall be issued for a collocation when the collocation is consistent with Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 and any Federal Communications Commission regulations issued to implement that Act. "Alternative Siting Structure" means a building, structure or improvement (usually preexisting) that is structurally and legally capable of serving as a siting platform for certain wireless transmission devices and certain accessory equipment notwithstanding the fact that the support of such systems is secondary and subordinate to the primary purpose, design and legal use of the building, structure or improvement. "Alternative siting structures" include, but are not necessarily limited to, utility poles, flag poles, light standards, water tanks, buildings, and design features incorporated into buildings which are capable of concealing and /or camouflaging a wireless transmission device and related accessory equipment from public view. "Alternative Siting Structures" do not include "support structures" as defined herein. "Ancillary Use" means a use that is a secondary or subordinate use to a primary use of a real property parcel. "Antenna" means and refers to a type of wireless transmission device composed of any system of wires, poles, rods, towers, whips, reflecting discs, dishes or similar equipment or devices used to transmit and /or receive electromagnetic waves, including, but not limited to, radio frequency signals, for the purpose of conveying telephonic communications, video transmissions or communications, written communications, radio communications, signs, signals, pictures and the like. "Antenna" includes devices having active elements extending in any direction, and directional beam -type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support all of which elements are deemed to be part of the "antenna" and shall include, but not be limited to: 1. Antenna - Directional (also known as "panel' antenna) which transmits and /or receives radio frequency signals in a directional pattern of less than 360 degrees; 2. Antenna - Facade - mounted which is any antenna directly attached or affixed to the elevation of a building, tank, tower or other structure; 3. Antenna - Flush- mounted which is mounted to a structure which does not project above the facade to which it is mounted; 4. Antenna - Roof - mounted which is mounted to the roof of a building or similar structure; TITLE 17 - ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES 74 5. Antenna - Ground - mounted which is any antenna with its base placed directly on the ground or mounted to a pole, lattice tower or other freestanding support structure specifically constructed for the purpose of supporting the antenna; 6. Antenna - Omni Directional which transmits and /or receives radio frequency signals in a 360 - degree radial pattern, including, but not limited to, any antenna designed to receive video programming services via multipoint distribution services; 7. Antenna - Parabolic (also known as a "satellite dish antenna ") which is any device incorporating a reflective surface that is solid, open mesh, or a bar configuration that is shallow dish, cone, horn, bowl or cornucopia shaped and is used to transmit and /or receive electromagnetic or radio frequency communication signs [signals] in a specific directional pattern; B. Antenna - Portable which is any device used to transmit and /or receive electromagnetic or radio frequency communications signals in a specific directional pattern, located on a portable or movable base designed to be placed either for temporary or long -term use at a given site. "Applicant(s)" means and refers to any person(s) who, in accordance with the approval procedures set forth under this section, applies for authorization: To place, affix, attach, mount, construct, erect, install, develop, use, operate and maintain, or modify a wireless facility, wireless transmission device, support structure and /or accessory equipment within the City of Rosemead; or 2. Collocate an additional antenna or other additional wireless transmission device upon a preexisting support structure or alternative siting structure already containing one or more antenna or other wireless transmission devices. "City Council" means the governing body of the City of Rosemead organized pursuant to Title 2, Chapter 2.04 (City Council) of the Rosemead Municipal Code. "Collocate ", "Collocation" or "Collocating" means and refers to the act of placing, affixing, attaching, mounting, constructing, erecting, and /or installing: An additional antenna or other additional wireless transmission device, including related accessory equipment, upon a preexisting support structure already containing one or more antennas, wireless transmission devices and /or accessory equipment; 2. An additional antenna or other additional wireless transmission device, including related accessory equipment, upon an alternative siting structure already containing one or more antennas, wireless transmission devices and /or related accessory equipment; or 3. An additional wireless facility upon a single real property parcel already containing a wireless facility or wireless transmission device, and related support structures, and /or accessory equipment. "Community Development Director" means the Community Development Director for the Rosemead Planning Division or designee. TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES "De Minimis Level," when used in reference to the geographic scope of an existing or remaining gap in personal wireless service network coverage for a personal wireless service provider, necessarily refers to a level of coverage that is less than 100 percent seamless coverage, but generally no greater than a small number of isolated dead spots or other small holes in coverage within a greater service area. Where coverage holes are large or frequent in number and size, and also extend to the interior of buildings in urban areas or to a significant number of residences in well - populated areas, such gaps in coverage shall not be considered to be of a de minimis level. "Dead Spot(s)" shall have the same meaning as set forth under Section 22.99 of Title 47 of the Code of Federal Regulations which defines "dead spots" as small areas within a service area where service is presumed notwithstanding the fact that field strength is lower than the minimum level for reliable service. "Fixed Wireless Service" means any service providing radio communication to or from antenna structures at fixed and specified locations which are not designed to be moved during operation and which offers the ability to access or receive communication from the public switched telephone network. "Federal Communications Commission" or "FCC' means that certain administrative subdivision of the federal government of the United States of America which is generally responsible for the regulation of telecommunications in the United States of America. "Guyed Structure" means and refers to a variety of support structure consisting of a single truss assembly composed of sections with bracing incorporated. The sections of the "guyed structure" are attached to each other, and the assembly is attached to a foundation and supported by a series of wires that are connected to anchors placed in the ground or on a building. "Lattice Tower" means and refers to a variety of support structure consisting of vertical and horizontal supports with multiple legs and cross - bracing and metal crossed strips or bars. "Monopole" means and refers to a variety of support structure generally consisting of a single pole or shaft designed to support one or more antennas or other wireless transmission devices. "Monopoles" are usually composed of two or more hollow sections that are in turn attached to a foundation and such structures must be designed to support themselves without the use of guy wires or other stabilization devices. The term "monopole' as defined herein does not include lattice towers. "Person" means a natural person or a business entity or organization, other than a public agency, including a corporation, partnership, limited liability company, proprietorship, joint venture. association, cooperative, estate, or trust. "Personal Wireless Services" as used in this section shall have the same meaning as applied to the same term under Section 332 of the Telecommunications Act of 1996 (47 U.S.C. Section 332(c)(7)(C)(i)) which includes "commercial mobile services ", "unlicensed wireless services ", and "common carrier wireless exchange access services ". By way of example and not limitation, "commercial mobile services" include federally licensed wireless telecommunications TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 76 service such as cellular services, personal communications services ( "PCS "), specialized mobile radio services ( "SMR "), enhanced specialized mobile radio services ( "ESMR "), paging and like services that may be developed in the future. "Personal Wireless Service Facility" or "Personal Wireless Service Facilities" shall have the same meaning as set forth under Section 332 of the Telecommunications Act of 1996 (47 U.S.C. Section 332(c)(7)(C)(ii)). "Planning Commission" means the City Planning Commission for the City of Rosemead organized pursuant to Chapter 2.28 of the Rosemead Municipal Code. "Property Owner" means and refers to the person(s) who own(s) the real property parcel upon which a wireless facility, wireless transmission device, support structure or accessory equipment is or is proposed to be sited. "Satellite Dish Antenna" means any parabolic (bowl- shaped) antenna which 1. Has a diameter greater than two (2) feet, 2. Is designed to receive satellite transmissions, 3. Is incapable of transmitting electromagnetic waves, including, but not limited to, radio frequency signals, and 4. Is external to or attached to the exterior of any building. "School District" means the Rosemead School District, the El Monte Union High School District, the Garvey School District and the Montebello Unified School District. The term "school district' does not include any other variety of school district or like entity established or organized under the laws of the State of California, including, but not limited to, any community college district. "Stealth Facility" or "Stealth Facilities" means and refers to a type of wireless facility or wireless transmission device which is disguised to appear as another natural or artificial object that is prevalent in the surrounding environment or which is architecturally integrated into a building or other concealing structure or improvement. "Stealth facilities" generally include camouflaged structures such as monopams, monopines or any other variety of monopole - supported wireless facilities designed to look like a tree. "Stealth facilities" may also include wireless facilities or wireless transmission devices, inclusive of accessory equipment that are integrated into existing alternative siting structures such as flag poles or light standards or which are integrated within design features of buildings such as church steeples, parapets, faux chimneys, or other similar concealing design features. "Support Structure" or "Support Structures" means a structure designed to support antenna(s) or other wireless transmission devices to facilitate the transmitting and /or receiving of radio frequency signals. Support structures include, but are not limited to, masts, monopoles, guyed structures, lattice towers, and other like structures used to support wireless transmission devices. The term "support structure" does not include alternative siting structures as defined herein. TITLE 17- ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 'Wireless Facility" or "Wireless Facilities" means and includes: 1. All "personal wireless service facilities," all "wireless telecommunications facilities" and all "wireless telecommunications collocation facilities" as defined herein; and 2. Any single combination of wireless transmission devices, related accessory equipment and /or related support structures used in conjunction with one another at a specific location within a single real property parcel for the purpose of providing wireless services as defined herein. "Wireless Facility Owner" or "Wireless Facilities Owner" means and refers to the person who owns a wireless facility, wireless transmission device, support structure and /or accessory equipment sited within the City of Rosemead. "Wireless Service(s)" means any type of "personal wireless services," "fixed wireless service," "wireless video service" as the same are defined herein or any other variety of wireless service involving the conveyance of telephonic communications, video transmissions or communications, written communications, radio communications, signs, signals, pictures and the like by means of wireless transmission devices. "Wireless Service Provider" means any person who provides wireless services as defined herein or who otherwise owns, leases, and /or operates a wireless facility or a wireless transmission device within the City of Rosemead. "Wireless Telecommunications Facility" or "Wireless Telecommunications Facilities" shall have the same meaning as set forth under Section 65850.6 of the California Government Code. "Wireless Telecommunications Collocation Facility" or "Wireless Telecommunications Collocation Facilities" shall have the same meaning as set forth under Section 65850.6 of the California Government Code. "Wireless Transmission Device" or "Wireless Transmission Devices" means any apparatus or device (excluding support structures or accessory equipment) designed for the transmitting and /or receiving of radio frequency signals or other electromagnetic wave signals which convey telephonic communications, video transmissions or communications, written communications, radio communications, signs, signals, pictures and the like. Wireless transmission devices include antennas as defined herein. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 17.54.030 Applicability. This section applies to the placement, affixing, attachment, mounting, construction, erection, installation, collocation, development, use, operation and maintenance and modification of wireless facilities, wireless transmission devices, support structures and related accessory equipment as the same are defined herein. 17.54.040 Exemptions. The following uses shall be exempt from the provisions of this section: A. Any satellite dish antenna as defined under Section 17.54.020 (Definitions); B. Any satellite antenna that is one meter (39.37 inches) or less in diameter and is designed to receive direct, but not transmit, broadcast satellite service, including direct -to -home satellite service, as defined under Section 205 of Title 47 of the United States Code of Federal Regulations; C. Any antenna structure designed to receive, but not transmit, over - the -air UHF and /or VHF television broadcast transmission; D. Any antenna structure that is designed to receive, but not transmit, over - the -air AM and /or FM radio broadcast; E. Any antenna used by authorized amateur radio stations licensed by the Federal Communications Commission; or F. Public safety communications facilities owned and operated by the City of Rosemead or the County of Los Angeles. 17.54.050 Required approvals— expiration and renewal. A. Wireless Facilities and Wireless Transmission Devices. No person may place, affix, attach, mount, construct, erect, install, develop, use, operate and maintain, or modify a wireless facility, wireless transmission device, support structure and /or accessory equipment within the City of Rosemead without a conditional use permit approved by the Planning Commission, or the City Council in the course of an appeal, following a noticed public hearing on the matter. Notwithstanding the foregoing, administrative collocation may be allowed as approved in subsection (c) of this section. B. Collocation — General. No person may collocate a wireless facility or wireless transmission device, including related accessory equipment, without a conditional use permit approved by the Planning Commission, or the City Council in the course of an appeal, following a noticed public hearing on the matter. Notwithstanding the foregoing, administrative collocation is allowed as approved in subsection (c) of this section. C. Administrative Collocation. If, following the submission of a completed application form and all required materials set forth under Section 17.54.060 (Application Submission Requirements), the Community Development Director determines that a proposed collocation qualifies as an "administrative collocation" as defined herein, such proposal shall not require a conditional use permit but shall be approved by the Community Development Director through the issuance of an TITLE 17 - ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES 79 administrative collocation permit. The foregoing notwithstanding, an administrative collocation approval shall be subordinate and subject to the conditions of approval associated with the wireless telecommunications collocation facility to which it relates. Also, the life of an administrative collocation approval may not exceed the life of the underlying conditional use permit or other underlying discretionary authorization corresponding to the wireless telecommunications collocation facility upon which the proposed wireless transmission device and corresponding accessory equipment will be placed or installed. D. Pre- approved Locations. The City may approve by resolution, following a duly noticed public hearing, a list of sites which may be located on public property or within the public right -of -way and which are approved for wireless facilities, wireless transmission devices, related accessory equipment. Each site shall include a description of permissible development and design characteristics, including, but not limited to, maximum height requirements. The City shall make said resolution available to all persons upon request. The approved list of locations may be subsequently amended by resolution from time to time. 2. All facilities located on a public property site which is pre- approved in accordance with subsection (D)(1) of this section following the effective date hereof must obtain administrative approval from the Community Development Director in accordance with administrative collocation requirements of Section 17.54.090 of this title, and any additional or different requirements made applicable by this section. 3. All leases of public property which are pre- approved in accordance with subsection (D)(1) of this section shall be nonexclusive. The operator of a facility located on such public property shall make the supporting structure of the facility available to any other applicant wishing to collocate to the extent technically feasible. 4. Requirement for Separate Lease Agreement. Any lease of City -owned property for the purpose of erecting a wireless facility, wireless transmission device and any related support structures and accessory equipment shall require a negotiated lease agreement or other written license granted by the City. The existence of a lease agreement or license shall not relieve applicant of any obligations to obtain appropriate permits as required by this code. E. Coordinated Antenna Plans. Requirements. Any wireless service provider may apply for Planning Commission approval of a Coordinated Antenna Plan (CAP) to obtain preapproval for the use of proposed and potential future locations for wireless facilities, subject to the following requirements: a. The CAP shall specify permissible development and design characteristics for identified future locations, including, but not limited to, maximum height and size, type of supporting structure, and type of antenna. b. The CAP shall identify potential future locations by lot and parcel number. c. Applications for a CAP may be considered by the Planning Commission after holding a noticed public hearing thereon in accordance with Article 6 of this title. TITLE 17- ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES [I7 d. Following Planning Commission approval of a CAP, each wireless facility that complies with the specifications of the CAP may be approved subject to an administrative collocation permit in accordance with the requirements set forth in this section. Except for the type of permit, nothing in this section shall relieve the applicant of the obligation to comply with the regulations, requirements, and guidelines as required by this section, and the Community Development Director may deny an administrative collocation permit, or place conditions upon its approval, notwithstanding prior approval of a CAP. e. Any conditions placed on the approval of an administrative collocation permit for a facility which complies with the CAP shall not be inconsistent with the specifications of the CAP. Notwithstanding any provision in Section 17.54.060 to the contrary, the CAP shall not vest any permanent rights to use the preapproved locations for facilities beyond the date of expiration. Unless extended, the CAP shall expire twelve (12) months following its approval by the Planning Commission regardless of whether any administrative collocation permit has been granted pursuant to the CAP. The Planning Commission may, at its discretion, after written request therefor, extend the term of the CAP for up to six (6) additional months; no CAP shall continue longer than eighteen (18) months. 2. Findings. The Planning Commission shall approve a CAP based upon the following findings: a. The intent and purpose of this section, and all its regulations and requirements will be preserved. b. Any future facility complying with the specifications imposed by the CAP will not have a significant adverse impact on the subject site or surrounding community beyond those impacts considered in the approval of the CAP. c. Any future facilities within the specifications of the CAP will be consistent with the General Plan and the uses permitted in this Zoning Code, subject to subsequent approval of an administrative collocation permit. 17.54.060 Application submission requirements. A. Applications for a conditional use permit under this section, a Coordinated Antenna Plan, or for the approval of an administrative collocation shall be submitted to the Rosemead Planning Division on a form approved by the Community Development Director. B. The following information and documentation shall be required for all submittals: 1. Application Form. Each applicant shall submit a completed application form which must include the following information: Applicant Information. The name, business address, telephone number, fax number and, if available, e-mail address of the applicant or co- applicants. The following persons must be identified as applicants /co- applicants on any application form: 1) The property owner; TITLE 17 -ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES 81 2) The wireless service provider who will use the proposed wireless facility, wireless transmission device and any related support structures and accessory equipment; and 3) The wireless facility owner, if different from either the property owner or the wireless service provider. b. Project Location. The street address and assessor's parcel number of the real property where the wireless facility, wireless transmission device, support structures and /or accessory equipment will be located. c. Property Easements. The location and description of all easements, including public utility easements, encumbering the real property parcel where the wireless facility, wireless transmission device, support structures and /or accessory equipment will be located. d. Coverage and other service objectives. The applicant shall include the following information in the application form: 1) A general summary of those specific service objectives which the applicant seeks to attain or address through its proposal, (e.g., whether it is to add additional network capacity; increase existing signal strength; or provide new radio frequency coverage); 2) A general summary of the nature, location and geographic boundaries of any purported gap in network coverage and a summary of the scope of such a gap at various locations within its identified geographic boundaries (e.g., whether and where it extends to in- building coverage, in- vehicle coverage and /or outdoor coverage); 3) A general summary of the applicant's good faith efforts to identify, study and evaluate less intrusive alternatives, including the use of less intrusive technologies and equipment; alternative system designs; alternative siting structure types; alternative siting structure design, including stealth facility designs; alternative scale or size; and alternative siting options (e.g., alternative locations within the search ring, collocation opportunities or placement upon alternative siting structures); 4) A general explanation as to why specific circumstances, conditions or other factors render each of the alternatives identified pursuant to subsection (A)(1)(d)(iii) of this section, above, incapable of reducing any purported coverage gap to a de minimis level. e. Project description. The applicant shall include the following information in the application form: 1) A written description of the real property parcel where the proposed wireless facility, wireless transmission device, support structure, and/or accessory equipment, including parcel size, width, depth, the location of mature trees, zoning designation and current use; 2) The type of wireless facility and /or the type, number and dimensions of wireless transmission devices, support structures, and /or accessory equipment proposed; 3) The proposed height of any proposed support structure or the height of any existing support structure upon which any wireless transmission device and /or accessory equipment may be placed; TITLE 17 — ZONING ARTICLE 3 —REGULATIONS FOR SPECIAL USES AND STRUCTURES a[ 4) The specific location within the real property parcel of any proposed wireless facility and any proposed wireless transmission devices, support structures or accessory equipment; 5) The proposed location of all above - ground and below - ground wiring and connection cables; 6) A detailed description of the design, shape, color(s), and material composition of any support structures, accessory equipment and antennas or other wireless transmission devices included as part of the proposal, 7) The design and screening treatment selected for the proposal; 8) Whether any proposed support structures or any existing support structure is structurally suitable and capable of accommodating (i.e., collocating) additional antennas or other wireless transmission devices as well as accessory equipment. f. Maintenance and monitoring plan. The applicant shall include within any completed application form a description of the anticipated maintenance and monitoring program for the wireless facility, wireless transmission devices, accessory equipment, or support structures proposed. g. Noise and acoustical information. An inventory and description of any proposed noise - generating wireless transmission devices and accessory equipment, including, but not limited, to air conditioning units and back -up generators. The description shall set forth noise and acoustical information including anticipated decibel levels of noise which would be produced. h. Disclosure of removal costs. For the purpose of establishing the appropriate amount of any performance bond or other security required under this chapter for the removal of any approved wireless facility, wireless transmission device and related support structures and /or accessory equipment, the applicant shall state the reasonable estimated cost of removing any approved wireless facility, wireless transmission device and related support structures and /or accessory equipment. The applicant shall supplement the application with substantial evidence that corroborates its removal cost estimate. 1) Administrative collocation: If the applicant contends a proposed collocation qualifies as an administrative collocation as defined herein, the applicant shall so state on the application form and shall also include a detailed explanation supported by substantial evidence which demonstrates compliance with all requirements set forth under Section 65850.6 of the California Government Code and the existence of all necessary circumstances and conditions set forth under the same at the time an application is submitted and approved. 2. Site plan. Along with a completed application, each applicant shall submit a site plan drawn to scale which depicts and identifies: a. The precise location within a real property parcel of all proposed wireless facilities, wireless transmission devices, support structures and /or accessory equipment; b. All existing structures, utilities, lighting, signage, walls, fences, trees, landscaped areas, and other significant natural features, walkways, driveways, parking areas, streets, alleys, easements, and setbacks situated upon the real property parcel TITLE 17 - ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES 83 where the wireless facility, wireless transmission device, support structures and /or accessory equipment will be located; and c. All existing structures, utilities, lighting, signage, walls, fences, trees, landscaped areas, and other significant natural features, walkways, driveways, parking areas, streets, alleys, easements, and setbacks situated upon real property parcels immediately adjacent to the subject real property parcel. 3. Elevations and section drawings. Along with a completed application form, each applicant shall submit elevations and section drawings of the proposed wireless facility and /or all proposed wireless transmission devices, support structures, and accessory equipment. The applicant shall also submit composite elevations from the street of all buildings, structures and other improvements on -site. 4. Landscaping plan. Along with a completed application form, each applicant shall submit a landscape, screening and landscape irrigation plan. Such plan shall identify and describe existing surrounding landscaping and landscape vegetation (i.e., trees, shrubs and plants), identify and describe vegetation to be removed, and depict and describe in terms of type, size and location proposed plantings of new landscape vegetation. Such plan shall demonstrate how the landscaping and landscape vegetation shall be designed and configured to screen wireless facilities, wireless transmission devices, support structures, and accessory equipment from public view or better camouflage stealth- designed facilities, devices and equipment. Such plan shall set forth and describe an irrigation plan for any existing and proposed landscaping surrounding the proposed facilities, devices and equipment and shall demonstrate efforts to incorporate aesthetically compatible drought tolerant varieties of vegetation. Such plan shall also set forth a plan for the preservation of existing, un- removed vegetation during construction and installation phases. The landscape plan shall also demonstrate the availability of any required irrigation facilities on -site. The requirement for a landscape, screening and landscape irrigation plan shall not be required for roof - mounted wireless transmission devices and accessory equipment, except that the applicant shall still be required to submit a plan demonstrating and depicting any screening of such equipment pursuant to this chapter. 5. Visual analysis. Along with a completed application form, each applicant shall submit a visual impact analysis including scaled elevation diagrams which: a. Demonstrates the potential visual impacts of any proposed wireless facility, wireless transmission device, support structure, or accessory equipment; b. Includes before and after photo simulations from various locations and /or angles from which the public would typically view the site and includes a map depicting where the photos were taken, and c. Where the installation would be readily visible from the public right -of -way or from surrounding properties, the application shall include an explanation as to why, if screening or other techniques to minimize the visibility are not proposed, such approaches to reduce the visibility of the installation would not be feasible or effective. TITLE 17 -ZONING ARTICLE 3- REGULATIONS FOR SPECIAL USES AND STRUCTURES 84 The Community Development Director may require a field mock -up to assess any potential visual impact including proper coloration and blending of the facility with the proposed site. 6. Justification report. Along with a completed application form, the applicant shall also submit a justification report which: a. Describes and explains in detail those specific service objectives which the applicant seeks to attain or address through its proposal, (e.g., whether it is to add additional network capacity; increase existing signal strength; or provide new radio frequency coverage); b. Describes and depicts the nature, location and geographic boundaries of any purported gap in network coverage and the applicant's corresponding search ring; c. Describes and depicts the scope of any purported gap in network coverage at various locations within its identified geographic boundaries (e.g., whether and where the gap extends to in- building coverage, in- vehicle coverage and /or outdoor coverage); d. Includes justification maps which identify the applicant's search ring, the location of alternative sites considered, the location of the proposed site, all existing and approved wireless facilities and /or wireless transmission devices within a one - mile radius of the proposed site and collocation opportunities or alternative site structure opportunities within the search ring; e. Demonstrates, describes and explains in detail the applicant's good faith efforts to identify, study, evaluate and consider other less intrusive alternatives, including the use of less intrusive technologies and equipment; alternative system designs; alternative siting structure types; alternative siting structure designs, including stealth designs; alternative scale or size; and alternative siting options (e.g., alternative locations within the search ring, collocation opportunities or placement upon alternative siting structures); f. Explains how specifically identified circumstances, physical conditions or other factors render each of the other alternatives identified, studied, evaluated and considered incapable of reducing any purported coverage gap to a de minimis level; g. Explains why and how the proposal for which the applicant seeks approval is the least intrusive means in terms of feasible technology, system design, aesthetic design, size, scale and location for reducing any purported coverage gap to a de minimis level. 7. Propagation and coverage reports. The justification report shall be accompanied by a radio frequency engineer's propagation and coverage report and corresponding maps which identify, describe and depict the location and geographic scope of any purported gap in network coverage; and the nature and scope of the coverage gap (e.g., whether it extends to in -door, in- vehicle and /or outdoor service and /or whether it is the result of inadequate network capacity). Signal level indicators on maps must TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES show specific power levels on the map in colors easily distinguishable from the base paper or transparency layer and must be adequately identifiable by radio frequency (RF) level in dBm and map color or gradient in the map legend. The applicant shall submit maps depicting existing coverage; the coverage provided by the proposal excluding existing coverage; and existing coverage combined with the coverage provided by the proposal. The propagation and coverage report and corresponding maps shall be prepared by a qualified and duly licensed radio frequency engineer. Narrative description and map of other facilities. Along with a completed application form, each applicant shall submit a narrative description and map disclosing and depicting the exact location and type of all existing wireless facilities and wireless transmission devices, including support structures, and accessory equipment owned and /or used by the applicant to provide coverage within any portion of the City of Rosemead whether or not such facilities, devices, structures or equipment are located within the City of Rosemead or outside of the City of Rosemead. 9. FCC and CPUC Approvals. Along with a completed application form, each applicant shall submit true and correct copies of all valid and applicable licenses, permits or other approvals required by the FCC or the California Public Utilities Commission ( "CPUC ") for the use, operation and maintenance, construction and placement of the wireless facility, wireless transmission device(s), support structure(s), and accessory equipment for which approval is sought. If no such licenses, permits or other approvals are required of the applicant by the FCC or the CPUC, the applicant shall explain and declare under penalty of perjury the reason why such licenses, permits or other approvals are not required. 10. Radio Frequency Emissions and Signal Interference Analysis. Along with a completed application form, each applicant shall submit a written analysis prepared by a qualified and duly licensed radio frequency engineer which: a. Determines and states the power rating for all wireless transmission devices and accessory equipment included in the applicant's proposal; b. Provides a description of the specific services that the applicant proposes to offer or provide in conjunction with the proposed wireless facility or wireless transmission device; c. Verifies that the proposal, including all wireless transmission devices and accessory equipment conform to the non - ionizing electromagnetic radiation ( "NIER ") standards adopted by the FCC; d. Confirms that the use and operation of all proposed wireless transmission devices and accessory equipment will not exceed adopted FCC standards, including, but not limited to, FCC requirements that power densities in inhabited areas not exceed the FCC's Maximum Permissible Exposure ( "MPE ") limits for electric and magnetic field strength and power density for transmitters. Such analysis shall address both the individual impact of any proposed wireless transmission device and accessory equipment, as well as their cumulative impact, if collocated upon a single support structure or alternative siting structure; if placed upon a real property parcel already containing a wireless facility, wireless transmission devices, and /or accessory equipment; or if placed upon a TITLE 17 — ZONING ARTICLE 3 — REGULATIONS FOR SPECIAL USES AND STRUCTURES ao real property parcel immediately adjacent to another real property parcel containing a wireless facility, wireless transmission device, and /or accessory equipment; e. Describes all appropriate operating parameters and maintenance requirements necessary to comply with all applicable FCC standards, including radio frequency emissions standards and standards relating to signal interference with consumer electronic products and /or public safety communications; f. Confirms that all proposed wireless transmission devices and accessory equipment shall be operated in a manner that complies with FCC regulations regarding radio frequency emissions and standards relating to signal interference with consumer electronic products and /or public safety communications; In addition its technical narrative and discussion of the issues to be addressed, the analysis shall also include a nontechnical executive summary presented in a concise and easy -to -read format that clearly explains in a nontechnical manner the current site conditions, conditions with the proposed wireless facility, wireless transmission devices and /or accessory equipment included and FCC thresholds as they relate to all applicable emissions standards. 11. Collocation Agreement. Each application proposing the construction of a new monopole, lattice tower, or guyed structure shall include a signed statement whereby the applicant agrees, as a condition to any approval, to permit the collocation upon the support structure to accommodate additional wireless transmission devices and accessory equipment. The application shall also include a signed statement whereby the applicant agrees, as a condition of any approval, to refrain from entering into any exclusive agreement(s) or arrangement(s) that would prevent the type of collocation contemplated under this subsection. 17.54.070 Approval procedures— Required findings. A. Investigation. Following the submission of a completed application form, as well as the submission of all documents and materials required under Section 17.54.060, the Community Development Director shall undertake a review and evaluation of the applicant's proposal for the purpose of preparing a written report to the Planning Commission which evaluates the proposal's compliance with the procedural requirements and standard conditions of this chapter, as well as its consistency with the goals, standards, and objectives of this chapter and the Rosemead General Plan. The report will evaluate the applicant's efforts to identify, study, and consider alternatives and may recommend modifications and /or the addition of conditions to be attached to the applicant's proposal as a condition of approval. The report shall also contain a recommendation as to the disposition of the proposal for which conditional use permit approval is sought. B. Public Hearing Notice. The procedure set forth in Chapter 17.156 of this Title shall constitute the procedure for conducting public hearings on a conditional use permit for a wireless facility or wireless transmission devices, and any accessory equipment except as otherwise specifically provided in this chapter. C. Findings Necessary for Approval. TITLE 17 - ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES 87 No conditional use permit shall be approved unless the Planning Commission, or the City Council in the course of an appeal, makes all of the following findings supported by substantial evidence: 1. The applicant has submitted all applicable information, documentation and materials required under Section 17.54.060; 2. The Wireless Facility, wireless transmission devices, and any accessory equipment to be approved satisfies all applicable federal and state requirements and standards as to the placement, construction, and design, as well as all federal and state limits and standards concerning radio frequency emissions, signal interference with consumer electronic products and /or public safety communications, and other applicable operating and design standards; 3. The proposal to be approved complies with all mandatory requirements and restrictions of this chapter; all applicable building and construction requirements of Title 15 (Buildings and Construction) of the Rosemead Municipal Code and applicable fire safety and fire prevention requirements set forth under the Rosemead Municipal Code, County of Los Angeles Fire Code, and all applicable state fire safety and prevention laws; 4. The applicant has made a good faith effort to identify, study and evaluate less intrusive alternatives, including the use of less intrusive technologies and equipment; alternative system designs; alternative siting structure types; alternative siting structure design, including stealth designs; alternative scale or size of proposal; and alternative siting options (e.g., alternative locations within the search ring, collocation opportunities or placement upon alternative siting structures); 5. In comparison to other identified, studied, and evaluated alternatives that are equally if not more capable of addressing the applicant's service objectives, the proposal to be approved is the most consistent with the standards, goals, and objectives of this chapter and the Rosemead General Plan; With respect to proposals for personal wireless facilities as defined herein which are intended to address gaps in network coverage, an identified alternative shall be considered equally capable of addressing the applicant's service objectives in comparison to the applicant's requested proposal, if such an alternative is capable of reducing the purported gap in network coverage to a de minimis level. D. Findings necessary for denial of personal wireless service facilities. Notwithstanding any other findings made in support of the denial of a conditional use permit under this chapter, neither the Planning Commission nor the City Council in the course of an appeal, may deny a conditional use permit unless one or more of the following additional findings is made in writing: 1. The applicant has failed to present all of the information, documentation or material required under Section 17.54.060, above; or 2. Substantial evidence presented as part of the record fails to establish the existence of a significant gap in personal wireless service coverage within the personal wireless service network of a personal wireless service provider applicant or co- applicant; or TITLE 17 - ZONING ARTICLE 3- REGULATIONS FOR SPECIAL USES AND STRUCTURES 86 3. Notwithstanding the existence of a significant gap in personal wireless service coverage within the applicant's coverage network, substantial evidence presented upon the record fails to establish that of all reasonably feasible alternatives capable of reducing the coverage gap to a de minimis level, the proposal for which a conditional use permit is sought is the least intrusive upon the goals and standards of this chapter and the Rosemead General Plan, or 4. Substantial evidence presented as part of the record fails to establish that any proposed wireless facility, wireless transmission device or accessory equipment is capable of satisfying basic FCC requirements, limits or restrictions concerning radio frequency emissions or signal interference with consumer electronic products and /or public safety communications even with modifications and /or added conditions acceptable to the applicant; or 5. Substantial evidence presented as part of the record fails to establish that any proposed wireless facility, wireless transmission device, support structure or accessory equipment is capable of satisfying applicable building, construction, fire safety or fire prevention standards set forth under Title 15 (Building and Construction) of the Rosemead Municipal Code, the County of Los Angeles or the State of California even with modifications and /or added conditions acceptable to the applicant. 17.54.080 Prohibited grounds for denial. Notwithstanding any other provisions of this section, the denial of a conditional use permit may not be based on the environmental effects of radio frequency emissions for Personal wireless facilities that comply with FCC radio frequency emissions standards. 17.54.090 Requirements for administrative collocation. Consistent with subsection (a) of Section 65850.6 of the California Government Code, the Community Development Director, or the City Manager in the course of an appeal, shall administratively approve as a permitted use any proposed collocation which qualifies as an administrative collocation in the reasonable judgment of the Community Development Director based on the information submitted pursuant to Section 17.54.060 of this chapter. Included as part of the necessary requirements for an administrative collocation is the requirement that the proposed collocation satisfies all modifications or conditions required for collocation with the corresponding wireless telecommunications collocation facility as defined herein. 17.54.100 Applicant's evidentiary burden. Each applicant is responsible for presenting substantial evidence upon the record that adequately supports the findings and determinations necessary for the approval of a conditional use permit or that confirms the conditions necessary to authorize the issuance of an administrative collocation permit under this chapter or which adequately rebuts any findings in favor of a denial for the same. With respect to conditional use permit approvals, substantial evidence includes, but is not limited to, substantial evidence which: A. Identifies and establishes the location and geographic boundaries of any purported gap in network coverage, B. Identifies and establishes the nature of a purported gap in network coverage (e.g., whether it is the result of inadequate signal strength or inadequate service capacity), TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 89 C. Identifies and establishes the scope of any purported coverage gap at various locations with the geographic boundaries of the gap (e.g., where it is limited to in- building coverage, in- vehicle coverage and outdoor coverage etc.); D. Demonstrates, details, and explains the applicant's good faith efforts to identify, study and evaluate less intrusive alternatives, including the use of less intrusive technologies and equipment; alternative system designs; alternative siting structure types; alternative siting structure design, including stealth designs; alternative scale or size; and alternative siting options (e.g., alternative locations within the search ring, collocation opportunities or location upon alternative siting structures); E. Details and explains those specific circumstances, conditions or other factors which render each of the identified alternatives incapable of reducing the purported coverage gap to a de minimis level; F. Demonstrates that the proposal complies or, with the addition of modifications or conditions to the proposal, can be made to comply with FCC radio frequency emissions standards or standards relating to signal interference with consumer electronic products and /or public safety communications; and G. Demonstrates that any proposed wireless facility, wireless transmission device, support structure or accessory equipment satisfies or, with the addition of modifications or conditions to the proposal, can be made to comply with applicable building, constructions, fire safety or fire prevention standards set forth under Title 15 (Building and Construction) of the Rosemead Municipal Code, the County of Los Angeles or the State of California even with modifications and /or added conditions acceptable to the applicant. 17.54.110 Appeal -Conditional Use Permits. If an applicant, or any interested party, is dissatisfied with any denial, approval or conditioned approval of a conditional use permit under this chapter, the applicant or interested party may appeal the matter to the City Council by filing an appeal in accordance with the procedures established in Section 17.160.050 of this title. In reviewing the matter on appeal, the City Council shall be required to make the same findings for any denial or approval as would otherwise be required of the Planning Commission. 17.54.120 Appeal - Administrative Collocation. If an applicant contends that a request for an administrative collocation was denied in error, the applicant may appeal the matter to the City Manager by filing an appeal with the City Clerk. Such appeal must be filed within ten calendar days following the Community Development Director issuance of notice that a requested collocation fails to qualify as an administrative collocation or fails to satisfy any other applicable requirements for approval under this chapter. In reviewing the matter on appeal, the City Manager shall be required to make the same determinations as would otherwise be required of the Community Development Director. The decision of the City Manager shall be final. 17.54.130 General development standards. A. Location. The placement or siting of wireless facilities, wireless transmission devices, support structures and accessory equipment shall be subject to the following approval requirements, parameters and preferences: TITLE 17 -ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES I . In order to minimize the unnecessary proliferation of wireless facilities, wireless transmission devices, and related support structures and accessory equipment and in order to promote aesthetic harmony and mitigate, if not eliminate, the potential for visual blight, each applicant in identifying, studying and evaluating alternative placement and siting options and the Planning Commission or City Council in evaluating an applicant's proposal against other identified alternatives capable of addressing applicant's service objectives shall undertake such evaluations subject to the following order of preference starting with the most preferred: a. Proposals in which a wireless transmission device and related accessory equipment are collocated upon an already existing monopole- supported wireless facility which qualifies as a stealth facility as defined herein and which is capable of accommodating added devices and equipment. b. Proposals in which a wireless facility or wireless transmission device and related accessory equipment and support structures are integrated, camouflaged and concealed within the decorative design features of a building such as the steeple of a church building, parapets, faux chimneys or other similar design feature. c. Proposals in which a wireless facility or wireless transmission device and related accessory equipment and support structures are mounted and screened upon the roof of a multi -story industrial or commercial building capable of safely accommodating such facilities, devices, equipment and structures. d. Proposals in which an individual wireless transmission device and related accessory equipment is affixed or mounted upon an existing utility pole, lighting pole, light standard or other similar alternative siting structure. e. Proposals contemplating the construction of a new monopole structure, with preference given to proposals which qualify as stealth facilities. f. Proposals involving the construction of new lattice towers or guyed structures. Where this option is proposed, the applicant shall identify, study, evaluate and pursue designs which camouflage such structures in a manner that promotes aesthetic consistency and harmony with surrounding structures. g. Proposal in which a wireless transmission device and related accessory equipment are mounted on the facade of a building, water tower, or other like structure in a manner that does not camouflage, integrate and conceal such devices and equipment within the decorative design features of the building or structure. 2. Wireless facilities, wireless transmission devices, support structures and accessory equipment are permitted in the following locations: a. Real property exclusively owned by the City of Rosemead, a School District as defined herein in fee simple, or by a public utility; or b. Property in the M -1 and O -S zones. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES 91 c. Notwithstanding the foregoing or Section 17.54.250, any wireless facilities, wireless transmission devices, support structures or accessory equipment existing as of the effective date of this code [Ord. No. 892] shall not be deemed to be nonconforming for purposes of collocation. 3. Except as otherwise authorized under Section 17.54.130(A)(2)(a), any proposal for the construction of a new wireless facility which includes the construction of a support structure shall provide that the new wireless facility be spaced a minimum of one thousand (1,000) feet from any existing wireless facility support structure. 4. The location of wireless facilities, wireless transmission devices, support structures and /or accessory equipment shall be restricted to developed real property parcels or proposed as part of a larger development project. 5. The Planning Commission, or the City Council in the course of an appeal, may authorize the location of personal wireless facilities as defined herein at locations otherwise prohibited under subsections (A)(1) through (A)(4) of this section, above, but only upon a finding supported by substantial evidence presented as part of the record which establishes that: a. The applicant has a significant gap in its network coverage; and b. The placement of wireless facilities, wireless transmission devices, and related support structures and accessory equipment at a location otherwise prohibited under subsections (A)(1) through (A)(4) of this section, above, is the only means by which the significant gap in network coverage can be reduced to a de minimis level. Wireless facilities, wireless transmission devices, and related support structures and accessory equipment which satisfy the exception to the general siting prohibitions set forth under subsections (A)(1) through (A)(4) of this section, above, must still satisfy all other applicable conditions and findings necessary for conditional use permit approval. 6. As between possible or competing location proposals, the Community Development Director and the Planning Commission shall encourage proposals that contemplate collocation subject to requirements of this chapter. B. Height. The height of any freestanding wireless facility shall not exceed the height limits of the applicable underlying or overlay zone. All wireless facilities shall be designed to minimum functional height technologically required to address the wireless service providers' service objectives. All wireless facilities, wireless transmission devices, support structures and accessory equipment shall also be subject to the following restrictions as applicable: 1. Ground - Mounted Facilities: Notwithstanding any other provision of this subsection (B) to the contrary, the maximum height of monopoles may not exceed the lesser of the following: sixty (60) feet or the height limit of the applicable underlying or overlay zone; 2. Roof - Mounted Facilities: Roof - mounted wireless facilities or wireless transmission devices, including support structures and accessory equipment shall not project out more than ten feet above the roofline and shall be set back from the roof edge by a ratio TITLE 17- ZONING ARTICLE 3- REGULATIONS FOR SPECIAL USES AND STRUCTURES of one foot for each foot of projection above the roofline. A facility shall be exempt from the foregoing requirement if it is mounted within an existing enclosed roof structure or an architectural feature, such as a parapet wall or similarly designed features so as to integrate and camouflage the wireless facility, wireless transmission device and related support structures and accessory equipment within the structure or building. 3. Accessory and Support Structures: All wireless facilities, wireless transmission devices, support structures, and accessory equipment shall comply with accessory height requirements for the particular zoning district in which they are located. C. Ground - mounted facilities - setback requirements and guidelines. Ground - mounted wireless facilities or wireless transmission devices shall comply with the following requirements and guidelines: Front: Such facilities shall not be permitted in a required front yard setback of any property located in any type of zone within the City of Rosemead, unless otherwise authorized under the terms of a conditional use permit; 2. Side: Such facilities shall not be permitted within a required side yard setback; 3. Rear: Such facilities may be located in the rear yard setback of a property at a location that is out of view from the public right -of -way; 4. Accessory/Support Structures: All such facilities and related support structures shall comply with required setback requirements applicable to the zoning district in which they are located, including variable height requirements in Section 17.08.050 where applicable; 5. No wireless facility, wireless transmission device or related support structures, and accessory equipment shall extend beyond the property lines. D. Screening. The following screening requirements shall apply to all wireless facilities, wireless transmission devices and related support structures, and accessory equipment: The proposed wireless facility, wireless transmission device, and related support structures, and accessory equipment shall be screened or camouflaged by existing or proposed new topography, vegetation, buildings, or other structures; provided that any such screening or camouflaging measures shall be aesthetically appropriate for and compatible with the existing site and the surrounding area. Wireless facilities, wireless transmission devices, and related support structures, and accessory equipment that are not screened or architecturally integrated on an existing building or structure shall be prohibited. 2. All screening used in connection with wireless facilities, wireless transmission devices and related support structures, and accessory equipment which are building- mounted shall be aesthetically compatible with the architecture, architectural theme, color, texture, and materials of the building or other structure to which it is mounted. TITLE 17 - ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES a3 3. All fencing shall be designed to resist graffiti vandalism and to facilitate the fast and effective removal of graffiti. 4. The use or incorporation of chain -link fencing, razor -wire, or sharp points in the screening design of a wireless facility or related support structures is prohibited. 5. The Planning Commission, or the City Council in the course of an appeal, may waive screening requirements where it determines that such measures are not necessary or aesthetically appropriate given the nature of the proposal. E. Accessory equipment. 1. Any and all accessory equipment shall be located within a building, an enclosure, or underground vault in a manner that complies with the development standards of the zoning district in which the equipment is located. If located above ground, accessory equipment shall be screened, camouflaged and /or concealed in a manner that is aesthetically and visually compatible with the architecture and design of surrounding buildings, structures and landscaping and in a manner that hides such equipment from public view or otherwise camouflages and conceals its presence. 3. If accessory equipment is located outdoors and is in public view, the Planning Commission, where it deems appropriate, may require the applicant to provide a solid masonry block wall, or such other aesthetically compatible material acceptable to the Community Development Director that will screen such equipment from view. F. Signs. Wireless facilities shall not display or otherwise bear signs or advertising devices other than certification, warning, or other required seals or signage. Nothing in this subsection shall prohibit the Planning Commission, or the City Council in the course of an appeal, from approving a stealth facility which is camouflaged and disguised as a freestanding sign. G. Lighting. Lighting shall not be permitted on facilities unless required as a public safety measure by Federal Aviation Administration (FAA), or other government agencies with superseding jurisdiction over lighting issues. If lighting is required, the facilities shall be designed to minimize glare and light overflow onto neighboring properties. 17.54.140 Design standards. The design of wireless facilities, wireless transmission devices and related support structures and accessory equipment shall be subject to the following design standards: A. All proposals shall seek to minimize adverse aesthetic and visual impacts to the greatest extent feasible considering technological requirements, placement, screening, camouflage, etc. All proposals shall utilize state of the art stealth technology or stealth design. If no stealth technology or stealth design is proposed, the applicant shall provide a detailed written analysis identifying those factors and conditions which make the use of stealth technologies and /or stealth designs infeasible, and explaining why such technologies or designs are infeasible. TITLE 17 -ZONING ARTICLE 3- REGULATIONS FOR SPECIAL USES AND STRUCTURES 94 B. All proposals shall use the shortest, smallest, least visible wireless transmission devices, support structures, and accessory equipment necessary to accomplish the applicant's service objectives. C. All exterior finishes shall be comprised of non - reflective, glare- reducing materials, and shall be painted, screened, or camouflaged to blend aesthetically with the materials and colors of surrounding buildings or structures. Colors chosen shall minimize visibility and match or blend with the primary background. D. All proposed monopoles shall be a round shape, slim or tapered in design and shall be of a kind that will permit collocation by other wireless service providers. E. Proposals shall minimize and be resistant to opportunities for unauthorized access, climbing, vandalism, graffiti, and other activities, which would result in hazardous conditions, visual blight, or an attractive nuisance. F. Wireless transmission devices and related accessory equipment mounted on structures shall be designed as an integral part of the structure and located to minimize visual impact on surrounding properties and rights -of -way. 17.54.150 Noise. All wireless facilities, wireless transmission devices, and accessory equipment shall be constructed and operated in such a manner as to minimize the amount of noise impacts to residents of nearby residential properties, the users of recreational areas such as public parks and public open spaces, or the occupants of hospitals and schools. If a wireless facility, wireless transmission device and /or accessory equipment is located within two hundred (200) feet of any of the foregoing types of properties or uses, noise attenuation measures shall be included to reduce noise levels to a level of fifty (50) dBA measured at the property line. Back- up generators shall only be operated during power outages and for testing and maintenance purposes. Testing of such equipment shall not be conducted on weekends or holidays, or between the hours of 10:00 p.m. and 7:00 a.m. 17.54.160 RF and other emissions requirements. A. No individual wireless facility, wireless transmission device, or accessory equipment shall generate at any time electromagnetic frequency radiation or radio frequency radiation in excess of the FCC adopted standards for human exposure, including, but not limited to, the FCC's Maximum Permissible Exposure (MPE) limits for electric and magnetic field strength and power density for transmitters. The foregoing shall also apply to any combination of wireless facilities located on the same real property parcel or any combination of wireless transmission devices and accessory equipment that are collocated or otherwise located upon the same real property parcel. B. All wireless facilities, wireless transmission devices, and accessory equipment shall comply with all rules, regulations and standards, including compliance with non - ionizing electromagnetic radiation (NIER) standards, set by the FCC and /or any other agency of the federal government with the authority to regulate such facilities. If such rules, standards and /or regulations are changed, the recipient(s) /holder(s) of a conditional use permit or administrative collocation approval issued pursuant to this chapter shall be jointly responsible for bringing such facilities, devices and equipment into compliance with such TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES revised rules, standards and /or regulations within six months of the effective date of such rule, standard and /or regulation, unless a more stringent compliance schedule is mandated by the controlling agency. C. If any wireless facility, wireless transmission device or accessory equipment is found to be operating in such a manner as to be hazardous to the health and safety of persons working or residing near such facilities, devices or equipment, the owner(s) and operator(s) of the hazardous facility, device or equipment jointly with the owner of the real property parcel where it is located shall be responsible for correcting the hazardous condition. In no case shall a wireless facility, wireless transmission device, or accessory equipment remain in operation if it is found to create an imminent risk of danger to human life or property. The foregoing notwithstanding, no wireless facility, wireless transmission device, or accessory equipment that is found to be in compliance with all current EMF or RF emissions standards established by the FCC or any other federal agency with jurisdiction over the matter shall be deemed hazardous or dangerous solely because of the fact that it emits EMF radiation or RF radiation. D. For the protection of emergency response personnel, all wireless facilities, wireless transmission devices, and accessory equipment shall have a main breaker switch or other similar means of disconnecting electrical power at the site. For collocation sites, a single main switch shall be installed to disconnect electrical power for all carriers at the site in the event of an emergency. E. Wireless facilities, wireless transmission devices, and accessory equipment shall not be operated in any manner that would cause interference with public safety communication systems or consumer electronics products. F. To ensure all new or modified wireless facilities, wireless transmission devices, and related accessory equipment comply with FCC radio frequency radiation exposure standards before regular operations commence, the applicant shall conduct a post - construction or post - modification NIER/radio frequency radiation exposure test. Compliance with FCC standards shall be demonstrated by a written certification signed under penalty of perjury by a qualified and duly licensed radio frequency engineer. A final building permit clearance will not be issued until the wireless facility, wireless transmission device, and accessory equipment are certified to be in compliance with FCC operating and emissions standards. The recipient(s) /holder(s) of any approval given under this chapter shall have 60 calendar days to bring the non - compliant wireless facility, wireless transmission device, and accessory equipment into compliance. If such facilities, devices or equipment cannot be brought into compliance within 60 calendar days from the completion of construction or completion of modification, such failure shall constitute grounds for the revocation of a conditional use permit or administrative collocation approval. G. To verify ongoing compliance with FCC operating and emissions standards, the recipient(s) /holders(s) of a conditional use permit or administrative collocation approval shall submit updated monitoring information certifying ongoing compliance with FCC operating and emissions standards. Such updated monitoring information shall be submitted on an annual basis within 30 calendar days from anniversary date of approval and shall be prepared by a qualified and duly licensed radio frequency engineer. If such information is not timely provided, the conditional use permit or administrative collocation authorization may be revoked. If at any time the facility proves to be in noncompliance with FCC operating and emissions standards, the noncompliant wireless facility, wireless transmission TITLE 17 -ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES 96 device or accessory equipment shall cease all operating. The recipient(s) /holder(s) of the conditional use permit or administrative collocation approval shall have 60 calendar days from the date of such disclosure to the City to bring the noncompliant facility, device or equipment into compliance. If the facility, device or equipment remains noncompliant on the sixty -first day the City may revoke the conditional use permit or administrative collocation approval for the noncompliant facility, device or equipment. H. Any violation of this section is hereby deemed a public nuisance and shall constitute grounds for revocation of any permits and /or approvals granted under this chapter. Such violations shall also constitute grounds for abatement and removal of noncompliant facilities, devices and /or equipment by the City at the property owner's expense. 17.54.170 Performance bond. As a condition of approval for any conditional use permit or any administrative collocation under this chapter, the applicant shall be required to procure a performance bond in an amount equal to the reasonably estimated cost associated with removing the wireless facility, wireless transmission device, and all corresponding support structures and accessory equipment covered under a conditional use permit or administrative collocation authorization. 17.54.180 FAA Compliance. All wireless facilities subject to FAA lighting requirements and height restrictions shall remain in compliance with all such restrictions as a condition of approval. All permittees shall provide the Community Development Director with proof of such compliance upon request. 17.54.190 Maintenance and security. A. Trash and debris. All wireless facilities, wireless transmission devices, support structures, alternative siting structures, and accessory equipment within the City of Rosemead shall be maintained in good repair and kept free from trash, litter, refuse and debris. B. Graffiti, vandalism and damage. All wireless facilities, wireless transmission devices, support structures, alternative siting structures and accessory equipment shall be kept free from graffiti and other forms of vandalism and any damage to the same, regardless of the cause, shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. All graffiti shall be removed from the premises within 24 hours of discovery or within 24 hours of any written notice issued by the City of Rosemead. If the affected surface is a painted surface, graffiti shall be removed by painting over the evidence of such vandalism with paint which has been color- matched to the surface to which it is applied. Otherwise graffiti shall be removed through the use of solvents or detergents. For purposes of this chapter the term "graffiti" refers to any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to or on any surface by any means. C. Landscaping. Any conditional use permit approval or administrative collocation approval which incorporates or otherwise includes the planting, installation, and maintenance of new landscape improvements and /or the preservation and maintenance of existing landscape improvements, whether or not used as screening, shall be maintained in good condition at all times. Damaged, dead, diseased, or decayed trees, shrubs, and other vegetation as well TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES as damaged or inoperable irrigation equipment shall be replaced promptly, but in no event later than 30 calendar days from the date such deficiencies are detected or the date City issues notice of such deficiencies, whichever occurs first. If a landscape plan was required and approved, the site shall be maintained in accordance with the approved landscape plan at all times. Amendments or modifications to such plan shall be submitted for approval to the Community Development Director. D. Maintenance of certain stealth facilities: Stealth facilities designed to appear as flagpoles must have a flag flown upon the structure and such flag must be properly maintained at all times. Flags which become tattered, torn, faded or otherwise damage shall be replaced with a new flag. Light fixtures included as part of stealth facilities designed to appear as light standard or other lighting structures shall be operable at all times. Damaged, defective or burned -out light fixtures shall be replaced promptly. E. Contact information. A permanent, weather -proof identification sign must be placed on the gate of the fence surrounding a wireless facility or, if there is no fence, at an accessible and conspicuous location approved by the Community Development Director. The sign must state the name, address, phone number of the owner of the real property parcel where the subject wireless facility, wireless transmission device, support structure, alternative siting structure, or accessory equipment is located, the wireless service provider using the equipment, and the owner of the equipment, if different from owner of the real property parcel or the wireless service provider. Fax numbers and e-mail contact number shall also be included, if available. If the owner of the real property parcel where the subject wireless facility, wireless transmission device, support structure, alternative siting structure, or accessory equipment is located has no other contact information, other than a residential telephone number or residential address, the Planning Commission may maintain such information as part of the records of the City of Rosemead in lieu of appearing on any signage. 17.54.200 Maintenance responsibility. The compliance with the maintenance obligations set forth under this section shall be a joint and severable obligation of the following parties: A. The owner of a wireless facility, wireless transmission device, support structure, alternative siting structure, and accessory equipment and the user(s)/operator(s) of the same if different from the owner, and B. The owner of the real property parcel where a wireless facility, wireless transmission device, support structure, alternative siting structure, and accessory equipment are located. 17.54.210 Abandonment or discontinuance of use— removal of facilities. A. Notice to City. A wireless service provider shall provide written notice by certified U.S. mail to the Community Development Director and the Chief Building Official in the event the wireless service provider intends to terminate or otherwise abandon its use of a wireless facility or individual wireless transmission device, or the wireless service provider is required to discontinue its use of a wireless facility or individual wireless transmission device. Such notice shall be mailed not less than thirty 30 calendar days prior to the contemplated or anticipated cessation of use, shall state the contemplated or anticipated date upon which the use will end, and shall state the date upon which the wireless facility or individual wireless TITLE 17 -ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES 98 transmission device shall be completely dismantled and physically removed from the real property parcel where it is sited or located. B. Dismantling and removal of equipment. With respect to the contemplated abandonment, termination or discontinuance of use of an entire wireless facility, the dismantling and physical removal shall include the dismantling and physical removal of all wireless transmission devices, all support structures and all accessory equipment from the real property parcel where such items were sited. With respect to the contemplated abandonment, termination, or discontinuance of use of an individual wireless transmission device, the dismantling and physical removal shall include the dismantling and physical removal of the wireless transmission device and all corresponding support structures and /or accessory equipment that do not serve wireless transmission devices whose use is ongoing. Physical removal of an entire wireless facility also entails and includes the restoration of the site to its original condition prior to the installation of the wireless facility, excluding any landscape improvements. C. Failure to timely dismantle or remove. If the dismantling and physical removal of a wireless facility or wireless transmission device in the manner contemplated under subsection (B) of this section, above, is not completed by the date indicated in the notice referenced under subsection (A) of this section, above, the Chief Building Official shall issue notice to the wireless service provider and the owner of the real property parcel that the wireless facility or wireless transmission device must be completely dismantled and removed within sixty (60) calendar days from the dismantling and removal date originally noticed by the wireless service provider pursuant to subsection (A) of this section. D. Constructive abandonment of facilities. A wireless facility or individual wireless transmission device that remains inoperative or unused for a period in excess of one hundred eighty (180) calendar days shall be deemed abandoned for purposes of this section. The foregoing shall apply notwithstanding any assignment of ownership or lease rights as contemplated under Section 17.54.220, below. After one hundred and eighty (180) calendar days of inoperability or nonuse, the Chief Building Official shall issue notice to the wireless service provider and the owner of the real property parcel that the wireless facility or wireless transmission device must be completely dismantled and removed within 60 calendar days. E. Responsibility for dismantling and removal. The dismantling and physical removal of wireless facilities, wireless transmission devices, support structures, and /or accessory equipment shall be the joint and several responsibility of the wireless service provider and the owner of the real property parcel upon which the wireless facility or wireless transmission device is sited. F. Nuisance. If an abandoned, inoperative or unused wireless facility or wireless transmission device is not dismantled and physically removed within any time period required under this section, the same shall be deemed a public nuisance and any unexpired permit or authorization to use, operate and /or maintain the wireless facility or the wireless transmission device may be revoked in accordance with Section 17.54.230 of this Chapter. 17.54.220 Transfer of operation. TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES Any wireless service provider who owns or leases a wireless facility or who leases space for the placement of an individual wireless transmission device upon a support structure or alternative siting structure may assign its ownership or lease rights to another wireless service provider licensed by the FCC provided that any such assignment be conditioned upon the following: A. The issuance of sixty (60) calendar days' prior written notice of any such assignment to the Community Development Director and the Chief Building Official; B. The forwarding of the official name and contact information of the prospective assignee; and C. The assignee's written acknowledgement and assumption of all duties, requirements, restrictions and responsibilities applicable to the use, operation and maintenance of the subject wireless facility or subject wireless transmission device as provided under this chapter or any conditional use permit or other approval issued under this chapter. 17.54.230 Revocation. A. At any time, the Planning Commission or City Council may initiate proceedings to revoke a conditional use permit or other approval issued pursuant to this chapter. Upon making a determination that the permit should be revoked, the deciding body may, at its discretion, initiate a nuisance abatement action pursuant to Chapter 8.44 of the Rosemead Municipal Code. Grounds for revocation include the finding that: 1. The wireless service provider or property owner has abandoned or otherwise ceased its use of the wireless facility or an individual wireless transmission device; or 2. The wireless service provider or property owner has failed to bring the wireless facility, an individual wireless transmission device, support structure or accessory equipment into compliance with the conditions of approval, or the requirements of this chapter, within any time period provided for in this chapter or within any other extended time period set forth by the Community Development Director or the Chief Building Official; or 3. The wireless facility, wireless transmission device, or accessory equipment no longer complies with applicable health and safety regulations promulgated by the FCC or the Federal Aviation Administration and the recipient(s) /holder(s) of a conditional use permit or administrative collocation approval have failed to timely bring such facilities, devices and equipment into compliance. 17.54.240 Wireless facilities in the public right -of -way. A. Section 7901 of the California Public Utilities Code confers upon telephone corporations as defined herein the right to construct telephone lines and equipment "along and upon any public road or highway" in such manner and at such points as "not to incommode the public use of the road or highway." Public Utilities Code Section 7901.1 authorizes a municipality to "exercise reasonable control" over the time, place, and manner in which roads and highways are accessed. In 2006, the State Legislature adopted the Digital Infrastructure and Video Competition Act of 2006 (the "Act "), which established a state franchising system for video service providers that is administered by the Public Utilities Commission. The Act added Section 5885 to the Public Utilities Code, which requires local entities, including cities, to allow a state video franchise holder to install, construct, and maintain a "network" within public rights -of -way under the same time, place, and manner provisions that apply to TITLE 17 - ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES 100 telephone corporations under applicable state and federal law, including the provisions of Public Utilities Code Section 7901.1. B. The City Council finds and determines that it is necessary, desirable, and in the public interest to impose the City's time, place and manner requirements, as authorized by Public Utilities Code Section 7901.1, upon telephone corporations and upon state video franchise holders through the encroachment permit process and procedures that are specified in Title 12 of the Rosemead Municipal Code. Enforcement of the City's time, place. and manner requirements specified in Title 12 is the responsibility of the Superintendent of Streets or designee. 17.54.250 Nonconforming facilities. A. Legal Nonconforming Uses. Any wireless facility, wireless transmission device, support structure, alternative siting structure and accessory equipment placed, affixed, mounted, constructed, developed, erected or installed prior to the effective date of the ordinance codified in this chapter or for which an application for a use permit is deemed complete prior to the effective date of the ordinance codified in this chapter, in compliance with all applicable laws and which does not conform to the requirements of this chapter shall be accepted and allowed as a legal nonconforming use. Such legal nonconforming uses shall comply at all times with the laws, ordinances and regulations in effect at the time the application was deemed complete, and any applicable federal or state laws as they may be amended or enacted from time to time, and shall at all times comply with the conditions of approval. B. Illegal Nonconforming Uses. Any wireless transmission facility, wireless transmission device, support structure, alternative siting structure and accessory equipment placed, affixed, mounted, constructed, developed, erected or installed prior to the effective date of the ordinance codified in this chapter in violation of applicable laws, ordinances or regulations shall be considered an illegal nonconforming use and shall be subject to abatement as a public nuisance. 17.54.260 Fees. By resolution, the City Council may establish, and from time to time adjust, fees to recover the reasonable estimated cost of processing and reviewing applications for the approval of conditional use permits issued pursuant to this chapter. The fee for processing and reviewing applications for administrative collocation permits shall be the same as for site plan review as established by the City Council. TITLE 17 - ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES iui ARTICLE 4 Reserved ARTICLE 4 SUPPLEMENTAL STANDARDS Chapter 17.68 FENCES, WALLS, AND LANDSCAPE SCREENING Sections: 17.68.010 Purpose and applicability. 17.68.020 Permit requirements. 17.68.030 Height limitations — residential development. 17.68.040 Height limitations — commercial, industrial, residential /commercial mixed -use or commercial /industrial mixed -use development. 17.68.050 Retaining walls. 17.68.060 Fencing for residential or nonresidential sports facilities. 17.68.070 Determining height. 17.68.080 Prohibited fencing materials. 17.68.090 Fencing of hazardous areas. 17.68.100 Fences on lots that are vacant, under construction, or being demolished. 17.68.110 Requirement for construction of a six -foot high masonry wall. 17.68.010 Purpose and applicability. The following standards are intended to ensure that all fences, walls, and hedges provide the desired privacy, safety, and quality design. The standards are also intended to ensure that fences, walls, and landscape screening do not create a public safety hazard or nuisance. Fences, walls, hedges, shrubs or similar materials used for screening shall be consistent with the following requirements. 17.68.020 Permit requirements. A. Residential zones. A fence permit shall be required to install new or replacement fencing or masonry walls in any residential #rent -yard zone. No permit shall be required for the planting of landscape screening. B. Nonresidential zones. An administrative site plan review shall be required to install new or replacement fencing or masonry walls on nonresidential property. No permit shall be required for the planting of landscape screening. 17.68.030 Height limitations - residential development. A. Fences and Walls. 1 In the R -1. R -2, and R -3 zones no fence or wall located in a rear or side yard shall exceed a height of six (6) feet. 2. In the R -1, R -2. and R -3 zones no fence or wall located in the required front yard shall exceed a height of four (4) feet. 3. On a reversed corner lot, no fence or wall or located within five (5) feet of the street side or within ten (10) feet of the rear line between the street and the established setback line on the key lot to the rear, shall exceed a height of four (4) feet. TITLE 17 - ZONING ARTICLE 4 -SUPPLEMENTAL STANDARDS 1 4. Walls and fences shall be kept in good condition and properly maintained. B. Landscape Screening. Landscape screening in residential rear or side yards shall not be subject to a height limit, except for landscape screening on reversed corner lots. On a reversed corner lot. no hedge or other landscape screening material located within five (5) feet of the street side or within ten (10) feet of the rear line between the street and the established setback line on the key lot to the rear, shall exceed a height of four (4) feet. Landscape screening located within the required front yard shall not exceed a height of four (4) feet. 3. Landscape screening shall not encroach onto a curb or sidewalk or over a lot line. 17.68.040 Height limitation - commercial, industrial, residential /commercial mixed -use or commercial /industrial mixed -use development. A. A six (6) foot high solid masonry wall shall be constructed and maintained along any side or rear lot line adjacent to residentially zoned or used property, school or park. The wall shall be not less than three (3) feet but not more than four (4) feet in height where it is adjacent to a required residential front yard setback. B. Within the C -1, C -3. C -4, CBD, and CI -MU zones, walls located within ten (10) feet of any public right -of -way shall not exceed a height of three (3) feet. C. Within the M -1 zone, a solid wall OF not less than six (6) feet in height and no more than eight (8) f tee: (15) feet in height shall be erected along the property line separating the M -1 zone from any residential zone or use, school, park or commercial zone. However, the wall eF fease shall not be more than four (4) feet in height where it adjoins a front yard setback of any residential or commercial property. zeae. D. equ pFnent finem v ew fFOM a pub! G stFeet. The wall eF fenGe shall not be less than six (6) fpp.t nor rnnrp th-@R twenty (20) feet in height and all steFage of materials and equ pment Any outdoor area used for storage shall be completely enclosed by a solid, decorative masonry wall and a solid gate not less than six (6) feet in height. The Community Development Director may approve the substitution of a fence or decorative wall where such fence or wall provides adequate visual clearance, is structurally adequate, and is equivalent in decorative appearance. In no event shall the height of such storage exceed the height of the wall or fence enclosing the storage area. E. Walls shall have a decorative color and texture consistent with the architectural style and materials of the commercial or industrial development. Architectural and other treatment of the wall is required. Where new walls are erected in locations visible from a public right -of -way, the use of full dimension caps, pilasters. and changes in wall surfaces (staggering) shall be applied. TITLE 17 - ZONING ARTICLE 4 -SUPPLEMENTAL STANDARDS 2 2. In locations where walls might invite vandalism or graffiti, landscaping should be provided along the walls. F. Walls and fences shall be kept in good condition and properly maintained. G. Landscape screening shall not encroach onto a curb or sidewalk or over a lot line. 17.68.050 Retaining walls. A. Where there is a necessary retaining wall for a lot that is above a sidewalk or at the top of a curb grade, additional wall height up to three (3) feet may be allowed, subject to a Site Plan and Design Review approval. The maximum height for a combination retaining wall and fence shall be seven (7) feet. B. The non - retaining portion of the fence or wall combination cannot exceed four (4) feet. C. The retaining portion of the fence or wall combination cannot exceed four (4) feet. D. Extensions above four (4) feet, as measured from the sidewalk, or top of the curb, shall be constructed of wrought iron or other non - obscuring materials determined to be acceptable, subject to the Site Plan and Design Review application. 17.68.060 Fencing for residential or nonresidential sports facilities. To enclose tennis courts or similar sports areas located within the rear lot, fences over six (6) feet in height shall be permitted, provided that any portion of the fence or structure which is higher than six (6) feet shall be composed of wire mesh or other material whose vertical service is not more than ten (10) percent solid, unless safety necessitates otherwise. Such additional wire mesh or similar material shall be subject to site plan approval. 17.68.070 Determining height. A. General. The height of fences, walls, and hedges shall be measured as the vertical distance from the ground elevation or finished grade of the property on which the fence or wall is erected to the highest point of the fence or wall. To allow for variation in topography on a parcel, the height of a fence or wall may vary intermittently up to six (6) inches. B. Difference in grade height between two parcels. Where there is a difference in the ground elevation or finished grade between two (2) adjoining parcels of less than two (2) feet, the height of any fence or wall constructed along the common property line shall be determined by using the finished grade of the highest adjoining parcel. When there is a difference in ground level between two (2) adjoining parcels of two (2) feet or more. the height of the fence shall be determined by the Community Development Director, The Community Development Director shall consider the physical and visual height impact on abutting parcels. 17.68.080 Prohibited fencing materials. A. Residential zones. The following fencing materials shall be prohibited in all residential zones: barbed or razor wire, electrified wire, chicken wire and similar small -gauge wire or mess product, chain -link fencing, or other materials hazardous to wildlife. TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 3 1. Exceptions. Chain -link fencing shall be a permitted fencing material for: The screening of side yard areas that are not visible from the public right -of -way and rear yard areas, b. The screening of vacant land in accordance with Section 17.68.100, and c. The temporary screening of lots under construction or being demolished in accordance with Section 17.68.100. All chain -link fences in existence at the time of the adoption of this Part shall be deemed legal non - conforming as set forth in Chapter 17.72 and the properties on which they have been placed shall be permitted to undertake maintenance, repair, and replacement consistent with the requirements of that Chapter. B. Commercial, industrial, residential /commercial mixed -use zones, commercial /industrial mixed use. The following fencing materials are prohibited in all commercial, industrial, residential /commercial, and commercial /industrial zones: barbed or razor wire, electrified wire, chicken wire and similar small gauge wire or mesh product, plastic, and chain -link fencing, or other materials hazardous to wildlife. 1. Exceptions. Chain -link fencing shall be a permitted fencing material for: a. The screening of vacant land in accordance with Section 17.68.100, b. The temporary screening of lots under construction or being demolished in accordance with Section 17.68.100; and c. To enclose an area where a solid wall or fence would create a physical hazard (i.e. the containment of mechanical equipment under an electrical transmission right -of -way). The use of chain -link fencing in this circumstance is subject to the review and approval of the Community Development Director. 17.68.090 Fencing of hazardous areas. A fence or wall six (6) feet or greater in height may be required along the perimeter of all areas which, by reasons of conditions of the property or physical hazards, such as frequent flooding, erosion, excavation, or grade separation, are considered by the Community Development Director to be dangerous to the public health and safety. 17.68.100 Fences on lots that are vacant, under construction, or being demolished. A. For the purposes of this subsection, "vacant property" means property which has no structures or buildings or property that has buildings or structures which are unoccupied. "Under construction" and "demolish" shall be defined pursuant to the Los Angeles County Building Code as adopted by the City. "Unoccupied" means any building or structure which is not secured, locked or closed, or is not constantly being used for its intended purpose, or is accessible to juveniles, transients or loitering, or is by virtue of its unattended status a potential health, fire or safety hazard. TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 4 B. All property that is vacant, under construction, or being demolished shall be totally enclosed around the perimeter by a fence that is a minimum of six (6) feet in height as measured from adjacent property, subject to the approval of the Community Development Director or other designated officials. C. The required fence shall be adequately constructed from chain link, lumber, masonry or other approved materials. The fence shall be entirely self- supporting and shall not encroach or utilize structures or fencing on any adjacent property without prior written approval of the adjacent property owner. D. The fence shall be installed prior to the initiation of any construction or demolition and shall be continuously maintained in good condition. E. Signs stating 'PRIVATE PROPERTY, NO TRESPASSING' shall be posted on the fence. F. The provisions of this section shall not apply to a fence or wall as required by any law or regulation of the state of California or any agency thereof. 17.68.110 Requirement for construction of a six -foot high masonry wall. The City Council finds that there are areas within the City where commercial zones abut residential zones and the construction of a block wall is necessary to protect such residential areas. Any owner, lessee, occupant or agent constructing or causing the construction of any building, building addition, accessory building, or repairs estimated by the Building Department to have a value of ten thousand dollars ($10,000.00) or more upon any commercially used and zoned lot adjacent to property zoned and used for residential purposes shall construct a six -foot high masonry wall along the property line where the commercially zoned lot has a common or rear lot line with a residentially zoned property. Any person desiring to obtain a modification from the provisions of this section may file with the Planning Commission a written application t;erefaFe, citing the reasons for such request. The Planning Commission shall give the applisatien applicant for such modification an opportunity to be heard if he or she so desires, and thereafter may grant or deny the application for the modification, or may grant the same upon such conditions as the Planning Commission deems necessary for the preservation of the safety, health or property of the general public. Any interested person may appeal the decision of the Planning Commission to the City Council by filing an appeal pursuant to Chapter 17.160 (Appeals and Requests for Review) of this code. TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 5 Chapter 17.72 NONCONFORMING USES, STRUCTURES, LOTS AND PARKING FACILITIES Sections: 17.72.010 Purpose. 17.72.020 Limitations on other uses and structures. 17.72.030 Nonconforming uses. 17.72.040 Nonconforming structures. 17.72.050 Nonconforming due to parking. 17.72.060 Parking structures and residential garages. 17.72.070 Nonconforming lots. 17.72.080 Reconstruction of damaged nonconforming buildings. 17.72.090 Exceptions. 17.72.100 Loss of legal nonconforming status. 17.72.010 Purpose. A. The provisions of this Section establish regulations for legal nonconforming land uses and structures. These are land uses and structures within the City that were lawfully established or constructed before the adoption or amendment of this Title. but which would be prohibited, regulated or restricted differently under the current terms of this title or future amendments thereto. Excepted from these regulations are nonconforming signs, billboards and advertising devices, which are subject to the provisions of Chapter 17.116.060 of this Title. B. It is the intent of this Section to encourage the continuing improvement of the City by limiting the extent to which nonconforming structures and uses may continue to be used, expanded, or replaced, while allowing for improvements to their appearance. 17.72.020 Limitations on other uses and structures. Except as hereinafter expressly provided, as long as a nonconforming use, building, or structure exists upon any lot, no new use, building, or structure may be established or constructed thereon. 17.72.030 Nonconforming uses. A. Continuation of use. Any nonconforming use may be maintained and continued provided that there is no increase or enlargement of the area, space or volume occupied by or devoted to the nonconforming use. Alterations that do not increase or enlarge a nonconforming use or increase environmental impacts (such as traffic, noise, drainage. light and glare, etc.) may be approved. B. Abandonment or discontinuance of use. A nonconforming use which has been abandoned or has been discontinued for a period of one (1) year shall not be reestablished and any subsequent reuse or any new use established shall conform to the current provisions of this Title. C. Change of use. A nonconforming use that is changed to, or replaced by a conforming use shall not be reestablished. TITLE 17 - ZONING ARTICLE 4 -SUPPLEMENTAL STANDARDS 6 D. Existing variances and conditional use permits in effect. No use, building, or structure shall be defined as nonconforming for the purpose hereof, where it was previously authorized by a zone variance or conditional use permit, so long as the use, building, or structure conforms with the terms and conditions of the variance or conditional use permit. The variance or conditional use permit must be validly issued and remain unrevoked and unexpired. 17.72.040 Nonconforming structures. A. Alterations or additions. The alteration, enlargement, expansion, extension or reconstruction of a nonconforming structure that is occupied by a conforming use shall be subject to the following: Applicability. This section shall apply to a structure that was established legally which has become nonconforming due to setbacks, floor area, height, or other similar development standards for structures. 2. Enlargement. A structure that is legal nonconforming due to setbacks, height, or other similar development standard, but not including floor area, may be enlarged or extended provided that the enlargement shall not increase the degree on non - conformity nor shall it extend into any conforming setback area. Such enlargement shall be permitted pursuant to the standards set forth in Chapter 17.142. 3. Exception. An existing single - family dwelling unit or duplex in the R -1 or R -2 zone that became legal nonconforming solely due to the application of Ordinance No. 851 to the unit or duplex's side yard setback requirements as set forth in Article 2, Table 17.12.030.1 (Residential District Development Standards) and which, absent the changes made by Ordinance No. 851, would conform to this Code may be enlarged or extended provided that: a. The enlargement or addition conforms to all other requirements and standards of the current Zoning Code; b. The enlargement or addition shall not increase the degree of non - conformity, including adding additional floor area in the portion of the unit or duplex located in the side yard setback as modified by Ordinance No. 851, and c. The enlargement shall not exceed fifty (50) percent of the existing floor area of the dwelling unit or duplex. d. Any other request for an enlargement that does not comply with the standards set forth in Section 17.72.040.A.3.a -c shall be permitted pursuant to the standards set forth in Chapter 17.142 (Minor Exceptions). 4. Interior alterations. Changes to interior partitions or other non - structural improvements may be made within structure that is legal nonconforming. B. Repairs and maintenance. Ordinary repairs and maintenance work may be made to legal nonconforming structures, subject to the following provisions: TITLE 17 - ZONING ARTICLE 4 -SUPPLEMENTAL STANDARDS 7 Ordinary repairs and the repair or replacement of nonbearing walls, fences, fixtures, wiring, and plumbing may be made to an extent not exceeding the latest assessed valuation of the structure. 2. Maintenance work shall not include structural alterations, except those required by the Building Official or by any officer of the City charged with protecting the public safety, in order to correct an unsafe condition. 17.72.050 Nonconforming due to parking. A. Land use changes in nonresidential zones. A use that is nonconforming due to the lack of compliance with off - street parking standards may undergo changes in use subject to the provisions listed below. The use of a structure, which is only nonconforming due to lack of compliance with off - street parking requirements, may be changed to another use as long as the new use is permitted in the zoning district and does not require any more parking than the current use within the structure. 2. The use of a structure, which is nonconforming due to lack of compliance with off - street parking requirements, may be changed to another use which requires more parking than the current use within the structure if it can be demonstrated through the application and compliance with alternative parking provisions, as set forth in Chapter 17.112 (Off- Street Parking and Loading). B. Residential single - family dwellings. An addition that does not exceed one hundred twenty (120) square feet shall be permitted to any single - family detached dwelling which is nonconforming due to IaGk Of GGFApl*anGe with provided the following facts are found by the Community Development Director: 1. The proposed addition does not exceed one hundred twenty (120) square feet and no other building permits for additions have been issued for the subject dwelling, 2. There has been no conversion of required automobile parking spaces to any other use on the subject property, and 3. The proposed addition does not, by virtue of its placement on the subject property, preclude future construction of an enclosed garage per the City's Zoning Code. 17.72.060 Parking structures and residential garages. A use that is nonconforming due to the lack of compliance with off - street parking standards for a parking lot, parking structure, or residential garages (such as turning radius, size, landscaping, etc.) may be used to serve a new use that does not require more parking than the original use, provided that any unsafe conditions determined to exist by the Community Development Director, or Building and Safety Official, or City Engineer shall be made to conform to current City standards. 17.72.070 Nonconforming lots. Nonconforming lots may be developed in conformance with the provisions outlined in Article 2, Chapter 17.08, Section 17.08.050. TITLE 117 - ZONING ARTICLE 4 -SUPPLEMENTAL STANDARDS 8 17.72.080 Reconstruction of damaged nonconforming buildings. Nonconforming structures damaged or destroyed due to an involuntary catastrophic event (e.g. fire, earthquake, or other calamity) may be reconstructed or replaced provided: A. The new structure shall comply with the development standards (such as setbacks and height standards) in effect when the damaged or destroyed structure was originally constructed, provided however, the new structure shall contain no more dwelling units and /or floor area than the damaged structure. B. All new construction shall comply with the current Building and Fire Code requirements. However, the Building Official may require compliance for areas other than the new construction when deemed necessary. C. A building permit for reconstruction must be obtained no later than one (1) year after the date of destruction, and construction must be pursued diligently to completion. D. If the preceding requirements are not met, the replacement structure shall comply with all current requirements of this Title in effect on the date of application for the required building permit. 17.72.090 Exceptions The purpose of this Section is to preserve residential development rights for properties that were legally developed as residential and have been re -zoned to a non - residential zone. This Section also contains maintenance and repair provisions for legal nonconforming chain -link fences in the R -1, R -2, and R -3 zones. A. Legal nonconforming residential structures in nonresidential zones: Properties previously zoned residential with legally established residential uses that have been re -zoned non- residential may continue to be used and developed in compliance with the R -1 development standards including but not limited to, additions and expansions, but not including the construction of additional units. 1. Vacant Properties. Vacant properties shall be developed in compliance with the non- residential development standards. 2. Non - Residential Development. If the property is developed into a non - residential use in conformance with the non - residential zone the property will lose its non - conforming exception status and must from that point forward conform to the existing zone. B. Legal nonconforming chain -link fences in R -1, R -2, and R -3 zones. All existing legal nonconforming chain -link fences in the R -1, R -2, and R -3 zones shall be permitted to continue as such until removed, extended or altered beyond the exception provisions stated below, at which time such fence shall be made to conform to the requirements of Chapter 17.68 (Fences, Walls, and Landscape Screening). 1. No impact on additions and remodels to single- family dwellings or duplexes. All existing legal nonconforming chain -link fences in the R -1, R -2, and R -3 zones shall be permitted to continue, provided that the existing chain -link fencing is not considered a public TITLE 17 - ZONING ARTICLE 4 -SUPPLEMENTAL STANDARDS 9 nuisance as defined in Chapter 8.44 (Property Maintenance), at the time a residential addition or remodel is proposed. 2. Repairs and maintenance. Routine maintenance, such as rust removal, or replacement of less than fifty (50) percent of the length of the fence along any property line with in- kind material shall be permitted. Replacement of fifty (50) percent or more of the length of a fence along any property line shall constitute a new fence, and in such case all legal nonconforming chain -link fencing shall then be removed from the subject property. 3. Reconstruction of damaged nonconforming chain -link fences. Nonconforming chain -link fencing damaged or destroyed due to an involuntary catastrophic event (e.g. fire, earthquake, or other calamity) may be reconstructed or replaced provided: a. A fence permit for reconstruction must be obtained no later that forty -five (45) days after the date of destruction, and construction must be pursued diligently to completion. b. The new chain -link fence shall comply with all other development standards outlined in Chapter 17.68 (Fences, Walls, and Landscape Screening). c. If the preceding requirements are not met, the replacement fencing shall comply with all current requirements of this Title in effect on the date of the application for the required fence permit. 17.72.100 Loss of legal nonconforming status. A. The right to continue a nonconforming use shall terminate when it is determined to be a public nuisance by order of the Hearing Officer pursuant to procedures provided in Chapter 8.44 of this code or the order of a court of competent jurisdiction and the nuisance is not abated in the manner and within the time stated in the order of the Hearing Officer or the order of the court. In addition to the specific grounds for finding a nuisance as set forth in Chapter 8.44 of this code, a nonconforming use is a public nuisance if: 1. The use is, or likely to become, injurious or detrimental to health, safety or welfare, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any public park, square, street or highway, or 2. The use is a business establishment that permits persons to congregate for unreasonably long time periods in parking areas and /or pedestrian walkways resulting in unreasonable noise levels in residential areas between the hours of nine p.m. to seven a.m., or resulting in the persons obstructing or interfering with the free passageway in the parking areas or on said pedestrian walkways, or which becomes a place where an unreasonable number of violations of Title 9 (Public Peace, Morals and Welfare) of this code (such as underage drinking or gambling). or B. The right to continue the use of a nonconforming structure shall terminate when the structure and /or the parcel on which it is located is determined to be a public nuisance by order of the Hearing Officer made pursuant to Chapter 8.44 of this code, or by judgment or order of a court of competent jurisdiction and the nuisance is not abated in the manner and within the time stated in the order of the Hearing Officer or order of the court. If the abatement of the nuisance required demolition of the structure, the order, judgment or order TITLE 17 - ZONING ARTICLE 4 -SUPPLEMENTAL STANDARDS 10 of the court shall find that there is no other way reasonably to correct the nuisances other than by demolition of the structure. C. Where it cannot be found that demolition of a structure is appropriate, the Hearing Officer shall permit the structure to remain in existence. but may impose one or more conditions to bring the structure into conformity with the requirements of this Title so far as is reasonable in addition to any other conditions necessary to abate the public nuisance. TITLE 17 - ZONING ARTICLE 4 -SUPPLEMENTAL STANDARDS 11 TITLE 17- ZONING ARTICLE 4 -SUPPLEMENTAL STANDARDS 12 TITLE 17 -ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 13 Chapter 17.76 OUTDOOR SALES AND GARAGE SALES Sections: 17.76.010 Outdoor display and sales. 17.76.020 Garage sales. 17.76.010 Outdoor display and sales. The intent of this section is to provide standards for outdoor display of merchandise connected to and operated with permanent commercial and manufacturing uses. A. Application procedure. Any business in the C -1, C -3, C -4, CBD CI -MU, M -1, and RCMUDO zones seeking outdoor display of merchandise shall submit an application to the Community for an Outdoor Display Permit. The application shall be accompanied and other exhibits as may be required to properly evaluate the r application fee in an amount to be determined by resolution of tl application shall include the days of the week, hours, and number which the application is requested. Development Director by a site plan, photos, equest along with an 1e City Council. The of weeks per year for B. The Community Development Director shall approve an application for the outdoor display of merchandise if the application meets the development standards set forth in this section. The Community Development Director may place reasonable conditions on the issuance of the permit to ensure conformance with the City's development standards. In the event a permit is denied. the Community Development Director shall supply findings in writing to the applicant within thirty (30) days of such denial. C. The Community Development Director shall retain jurisdiction over the permit and may enforce its provisions as required to ensure compliance with this section. D. Outdoor display development standards. Outdoor display incidental to the primary use shall be allowed in the C -1, C -3, C -4, CBD, CI- MU, and M -1 zones. The outdoor display must comply with the development standards of this section, with the exception of auto dealerships, automotive service stations, and plant nurseries. Outdoor displays shall meet the following requirements: 1. A display area shall be on private property and shall not encroach on required parking areas or landscaped areas. 2. The display area shall be directly related to an allowed use occupying a principal structure on the same premises. 3. Displayed merchandise shall not obstruct traffic sight areas: encroach upon landscaped areas, driveways, parking spaces, or pedestrian walkways, or otherwise create hazards for vehicle or pedestrian traffic. 4. The display area shall be limited to twenty five percent (25 %) the length of the building or twenty -five (25) feet, whichever is less. The area shall not extend laterally beyond the store or building frontage or block access to the business or any other adjacent building /store entrance(s); TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 14 5. The display area shall not create a safety hazard or block access to disabled persons; 6. Stacked merchandise may not be above a height of four (4) feet. Displays of merchandise that exceed four (4) feet in height, but is not higher than twelve (12) feet in height may be displayed provided that it does not cover or block more than twenty five percent (25 %) of the front of the business selling the merchandise. The display of trees for sale is not subject to any height limitation. 7. The items proposed for display and sale are the same as those sold inside the store or items that would typically be sold at the business and do not consist of unprepared, packaged merchandise. For purposes of this section "Unprepared, Packaged Merchandise" means items that have been sealed, wrapped or packaged in protective materials not designed for profession merchandise displays. S. Additional signs, beyond those normally allowed for the subject use, shall not be provided for the outdoor display and sales area. 9. A display area shall be consistent with the City's General Plan, zoning ordinances, and other regulations, 10. A display area shall not be detrimental to the public health, safety, or welfare: 11. A display area shall not create a public nuisance, and 12. A display area shall not emit noise, odor, smoke, or other obnoxious substances, E. Outdoor display operational requirements. Once approved, outdoor displays shall meet the following requirements: 1. Support structures such as tables and racks used in conjunction with the outdoor display of merchandise shall be removed at the end of each business day, and 2. Merchandise shall be maintained in a neat and orderly manner at all times. F. Appeals. Any decision made pursuant to this section may be appealed pursuant to Chapter 17.160 (Appeals and Requests for Review). G. Revocation. The Community Development Director may revoke the Outdoor Display Permit if the permittee fails to comply with the requirements of this section or any conditions of approval. Prior to revoking the permit, the Community Development Director shall provide the permittee a written notice of non - compliance. The permittee shall have a right to appeal the notice of revocation pursuant to Chapter 17.160 (Appeals). 17.76.020 Garage sales. A property owner or occupant of a residence shall be permitted to conduct a garage sale on an improved residentially zoned lot provided that: TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 15 A. No more than two (2) garage sales per address shall be conducted in any six -month period. B. Garage sales the astiv +ty may shall only be held between the hours of 8:00 a.m. and 8:00 p.m., for a maximum of three (3) consecutive days. Inclement weather may extend the period of time equal to the days lost. C. The merchandise for sale shall consist only of the property owner's or occupant's personal goods. Outside consignments, lot purchases, and the like, for the purpose of resale shall not be permitted. A" suGh goods, wares and FneFGhand-.F-;P- Shall -he the peFseRal propeFty of the resideRt 9F his or heF GO G9RdUGtGFS of the sale and shall be- abselete to his, her OF their use The Fes dent hall not bFing or a1l9W R D. The sales area may be conducted on any portion of the ground area of the property outside of the residential dwelling unit or within a garage. No merchandise shall be placed on any public property or right -of -way. PFGpepty. E. No advertising signs shall be posted more than one (1) week prior to the initial sale date stakes, No signs relating to such sale shall be placed on the premises except one (1) double -face sign not to exceed six (6) square feet, as measured on one (1) side and only located on the subject property. No signs shall be placed on any public property (i.e., utility pole, traffic sign), right -of -way, or vehicle parked on a public street, alley, or private easement. The conductors of the sale shall remove all signs immediately at the end of the sale. F. The resident of the property shall first obtain a no fee City permit and a copy of such permit shall be displayed at the site of the sale at all times during such sale. Proof of residency is required. Acceptable forms of proof of residency include utility bill, picture ID. rental agreement, and mortgage statement. Cell phone, cable, and credit card bills will not be accepted as a proof of residency. nor will bank statements. G. The provisions of this section shall not apply to churches, public and private schools, or charitable organizations if the sale is conducted on the property of the organization and not in a private residence. If such sale is conducted in or on the premises of a private residence, all of the provisions of this section shall apply. H. Violation of any provision of this section is determined to constitute an infraction, punishable by a fine not exceeding one hundred dollars ($100) for a first violation, a fine not exceeding two hundred dollars ($200) for a second violation of the same section within one (1) year and a fine not exceeding five hundred dollars ($500) for each additional violation of the same section within one (1) year. A fourth violation within one year shall constitute a misdemeanor. TITLE 17 -ZONING ARTICLE 4 - SUPPLEMENTAL STANDARDS 16 Chapter 17.84 DENSITY BONUS Sections: 17.84.010 Purpose. 17.84.020 Applicability. 17.84.030 Available density bonuses. 17.84.040 Calculation of density bonus. 17.84.050 Density bonus general provisions. 17.84.060 Requirements for targeted affordable dwelling units. 17.84.070 Additional incentive /concession for projects with affordable units. 17.84.080 Parking standards. 17.84.090 Granting an incentive or concession. 17.84.100 Land donation - density bonus. 17.84.110 Day care centers - density bonus, incentive or concession. 17.84.120 Condominium conversions - density bonus. 17.84.130 Density bonus application requirements and process. 17.84.140 Density bonus housing agreement. 17.84.010 Purpose. The purpose of this Chapter is to provide incentives for the development of housing for very low income, lower income, moderate income households and senior citizens in the City of Rosemead and to establish procedures for carrying out the legislative requirements and complying with California Government Code section 65915 et seq. In enacting this Chapter, it is the intent of the City to facilitate the development of affordable housing by positively impacting the economic feasibility of providing lower income housing and implementing the goals, objectives, and policies of the City's Housing Element. If there is a conflict between any provision and State law, State law shall control. Projects requesting density bonuses, concessions, and/or incentives shall be approved by the City Council subject to the provisions of Section 17.84.140 and any other applicable requirements of this Code. 17.84.020 Applicability. This chapter applies only to a housing development containing five (5) or more dwelling units, excluding density bonus units. 17.84.030 Available density bonuses. Pursuant to State law, a density bonus may be selected from only one of the following categories, except as specified in Sections 17.84.100, 17.84.110 and 17.84.120. Available density bonuses for very- low /lower /moderate income and qualifying resident /senior units are summarized in Table 17.84.030.1. A. Basic density bonus for very-low income units. A residential development is eligible for a twenty (20) percent density bonus if the applicant seeks a density bonus and agrees to construct five (5) percent of the total units of the residential development as units affordable to very-low income households. (For each additional one (1) percent increase in units affordable to very -low income households, the density bonus shall be increased by two and one half (2.5) percent, up to a maximum density bonus of thirty five (35) percent.) TITLE 17 -ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 17 B. Basic density bonus for lower- income units. A residential development is eligible for a twenty (20) percent density bonus if the applicant seeks a density bonus and agrees to construct ten (10) percent of the total units of the residential development as units affordable to lower- income households. (For each additional one (1) percent increase in units affordable to lower- income households, the density bonus shall be increased by one and one half (1.5) percent. up to a maximum density bonus of thirty five (35) percent.) C. Basic density bonus for moderate - income ownership units. A residential development is eligible for a five (5) percent density bonus if the applicant seeks a density bonus and agrees to construct ten (10) percent of the total units as ownership units affordable to moderate - income households. (For each additional one (1) percent increase in ownership units affordable to moderate - income households, the density bonus shall be increased by one (1) percent, up to a maximum density bonus of thirty five (35) percent.) D. Basic density bonus for qualifying residents /senior housing. A housing development restricted to those identified as a "qualifying resident' under Government Code Section 65915 is eligible for a twenty percent (20) percent density bonus if it includes at least thirty five (35) dwelling units, and the applicant seeks a density bonus. Housing developments for qualifying residents /seniors are not required under State law to be affordable to very -low, lower or moderate - income households. TABLE 17.84.030.1 DENSITY BONUS SUMMARY FOR VERY - LOW /LOWER /MODERATE INCOME & QUALIFYING RESIDENT /SENIOR UNITS TITLE 17 - ZONING ARTICLE 4 -SUPPLEMENTAL STANDARDS 18 Minimum Eligible Additional Density Maximum Target Housing Units Amount of Density Bonus for Each Density Bonus Target Units Bonus 1 /° Increase in Allowed Required Target Units Very-Low Income 5% 20% 2.5% 35% Households Lower - Income 10% 20% 1.5% 35% Households Moderate - Income Households 10% 5% 1% 35% (Ownership Units Only) 35 units Qualifying Resident/Senior (100% senior, 20% Not applicable Not applicable Housing no affordable units required) TITLE 17 - ZONING ARTICLE 4 -SUPPLEMENTAL STANDARDS 18 17.84.040 Calculation of density bonus. A. The density bonus units shall not be included when determining the number of target units required to qualify for a density bonus. When calculating the required number of target units and the allowable number of density bonus units, any calculations resulting in fractional units shall be rounded to the next larger whole number. B. The developer may request a lesser density bonus than the project is entitled to, but no reduction will be allowed in the number of required target units. Regardless of the number of target units, no residential development shall be entitled to a total density bonus of more than thirty five (35) percent. C. Each residential development is entitled to only one (1) density bonus, which may be selected by the applicant based on the percentage of either very-low income target units, lower- income target units. or moderate- income ownership target units, or the project's status as qualifying resident/senior housing. 17.84.050 Density bonus general provisions. A. The clustering of density bonus units throughout the residential development project is permitted. B. A residential development shall not be precluded from providing additional affordable units or affordable units with lower rents or sales prices than required by this chapter, however, maximum density bonus limits shall still apply. C. The granting of a density bonus or incentive /concession, in and of itself, shall not be interpreted to require a General Plan amendment, Zoning Code amendment, Zone Change, or other discretionary approval. 17.84.060 Requirements for targeted affordable dwelling units. A. The targeted affordable units shall reflect the range of numbers of bedrooms provided in the residential development project as a whole. B. The target affordable units shall be comparable in the facilities provided (e.g., laundry, recreation. etc.). C. The exterior of targeted affordable units shall be substantially similar to the market rate units. D. The target affordable units may be smaller and have different interior finishes and features than the market rate units. E. Each targeted affordable unit shall be constructed per the requirements of this Title, unless otherwise waived as a concession /incentive. F. On -site targeted affordable units shall be dispersed throughout the residential development. G. Targeted affordable units shall remain as such throughout the term of the density bonus housing agreement, required pursuant to Section 17.84.140 (Density Bonus Housing Agreement). TITLE 17 - ZONING ARTICLE 4 -SUPPLEMENTAL STANDARDS 19 17.84.070 Additional incentive /concession for projects with affordable units. A. Identification of "Incentive" or "Concession ". Incentives or concessions that may be requested pursuant to this chapter may include the following: 1. A reduction of development standards or a modification of Zoning Code requirements which exceed the minimum building standards provided in Part 2.5 (commencing with Section 18901) of Division 13 of the State Health and Safety Code and which result in identifiable, financially sufficient, and actual cost reductions. The reduction of development standards or modification of Zoning Code requirements may include, but are not limited to, the following: a. Reduction of required minimum lot sizes. b. Reduction of required lot dimensions. c. Reduction in the size of required yards. d. Increase in the allowable maximum lot coverage or reduction in the size of required usable open space. e. Increase in the maximum building height. f. Reduction of the minimum distance requirement between buildings. 2. Applicants may seek a waiver or modification of development standards that will have the effect of precluding the construction of a residential development at the densities or with the incentives or concessions permitted by this chapter. The applicant shall show that the waiver or modification is necessary to make the housing units economically feasible based upon appropriate financial analysis and documentation. 3. Allowing for mixed -use buildings or developments in conjunction with the residential development, if non - residential land uses will reduce the cost of the residential development, and if the City finds that the proposed non - residential uses are compatible with the residential development and with existing or planned development in the area where the proposed residential development will be located. 4. Deferral of development impact fees (e.g., park fees or traffic impact fees) until occupancy. 5. Other regulatory incentives or concessions proposed by the applicant or the City that result in identifiable, financially sufficient, and actual cost reductions. B. Eligibility for incentives and concessions. If the applicant seeks a density bonus and agrees to construct the specified number of target affordable units, a residential development project shall be eligible for one (1) or more incentives and concessions as follows in Table 17.84.070.1. Incentives or concessions may be selected from only one (1) category (very-low, lower, or moderate income). TITLE 17 - ZONING ARTICLE 4 -SUPPLEMENTAL STANDARDS 20 TABLE 17.84.070.1 SUMMARY OF MAXIMUM NUMBER OF INCENTIVES /CONCESSIONS BASED ON TARGET AFFORDABLE UNITS PROVIDED Target Units as a Percentage of Total Units in Project Maximum Number of Incentive(s) /Concession(s) Allowed Very-Low Income Units 5% of Total Units in Project 1 10% of Total Units in Project 2 15% of Total Units in Project 3 Lower- Income Units 10% of Total Units in Project 1 20% of Total Units in Project 2 30% of Total Units in Project 3 Moderate - Income Units (Ownership Units Only) 10% of Total Units in Project 1 20% of Total Units in Project 2 30% of Total Units in Project 3 17.84.080 Parking standards. A. Upon request of the applicant, the maximum following parking standards shall apply, inclusive of handicapped and guest parking spaces, to the housing development that meets the standards of Section 17.84.030 (Available density bonuses). 1. One (1) onsite parking space for up to one (1) bedroom; 2. Two (2) onsite parking spaces for up to three (3) bedrooms; 3. Two (2) and one -half (1/2) parking spaces for more than three (3) bedrooms. B. All parking calculations for the development resulting in a fraction shall be rounded up to the next whole number. C. Parking may be provided by tandem parking or uncovered parking, but not by on street parking. D. Applicant may request additional parking incentives or concessions beyond those provided in this section pursuant to Section 17.84.070 (Additional incentive /concession for projects with affordable units). TITLE 17 - ZONING ARTICLE 4- SUPPLEMENTAL STANDARDS 21 17.84.090 Granting an incentive or concession. When the requirements of this chapter are satisfied, the requested incentive /concession shall be granted unless the City Council makes the following finding based on evidence in the record: The requested incentive /concession is not required to make the units affordable. 17.84.100 Land donation - density bonus. The following density bonus applies only when land is donated for the construction of very-low income housing. A. Eligible amount of density bonus for land donation. A residential development is eligible for a fifteen (15) percent density bonus if the applicant seeks a density bonus and agrees to donate and transfer ten (10) percent of the land within the project for the development of units affordable to very -low income households. For each additional one (1) percent increase above the minimum ten (10) percent land donation, the density bonus shall be increased by one (1) percent, up to a maximum of thirty five (35) percent. This increase shall be in addition to any increase in density allowed by Section 17.84.030, up to a maximum combined density bonus of thirty five (35) percent if an applicant seeks both the density bonus authorized by this section and the density bonus authorized by Section 17.84.030. These provisions are summarized in Table 17.84.120.1, Density Bonus Summary for Land Donation, Day Care Center and Condominium Conversion. B. Necessary findings. The City may approve the density bonus described in this section if it makes all of the following findings when approving the residential development: 1. The applicant will donate and transfer the land no later than the date of approval of the final map, parcel map, or applicable development review application for the residential development. 2. The developable acreage and zoning regulations of the applicable zoning district of the land to be transferred will permit construction of units affordable to very-low income households in an amount not less than ten (10) percent of the total number of residential units in the proposed development, or will permit construction of a greater percentage of affordable units if proposed by the developer to qualify for a density bonus of more than fifteen (15) percent. 3. The transferred land is at least one (1) acre in size or is large enough to permit development of at least forty (40) units, has the appropriate General Plan land use designation, has the appropriate zoning and development standards to make feasible the development of very-low income housing, and at the time of project approval is, or at the time of construction will be, served by adequate public facilities and infrastructure. C. Requirements for land donation. 1. No later than the date of approval of the final map, parcel map, or other applicable development review application for the residential development. the transferred land shall have all of the applicable development permits and approvals, other than any required building permit approval, necessary for the development of the very-low income TITLE 17 - ZONING ARTICLE 4 -SUPPLEMENTAL STANDARDS 22 housing units on the transferred land unless the City Council finds that the applicant has provided specific assurances guaranteeing the timely completion of the very-low income units, including satisfactory assurances that construction and permanent financing will be secured for the construction of the units within a reasonable time. The transferred land and the very-low income units constructed on the land shall be subject to a recorded density bonus housing agreement, required pursuant to Section 17.84.140, ensuring continued affordability of the units consistent with the density bonus housing agreement, which restriction on the property shall be filed for recordation by the Community Development Director with the Los Angeles County Recorder's Office at the time of dedication. The land shall be transferred to the City or to a housing developer approved by the City. The City reserves the right to require the applicant to identify a developer for the very- low income units and to require that the land be transferred to that developer. 4. The transferred land is within the site boundaries of the proposed residential development. However. the transferred land may be located within one- quarter mile of the boundary of the proposed residential development provided that the City Council finds, based on substantial evidence. that off -site donation will provide as much or more affordable housing at the same or lower income levels, and of the same or superior quality of design and construction, and will otherwise provide greater public benefit than donating land on -site. 17.84.110 Day care centers - density bonus, incentive or concession. A. A residential development that includes affordable target units and a day care center that will be located on the premises of, as part of or adjacent to the residential development, is eligible for either of the following, (summarized in Table 17.84.120.1, Density Bonus Summary for Land Donation. Day Care Center and Condominium Conversion), at the option of the City, and if requested by the applicant: A density bonus in addition to that permitted by Section 17.84.030 that is equal to the square footage of the gross floor area of the day care center, or 2. An additional incentive /concession that contributes significantly to the economic feasibility of the construction of the day care center. B. The City may approve the density bonus or incentive /concession described in this section it makes all of the following findings and requires as a condition of approval that: TITLE 17 - ZONING ARTICLE 4 - SUPPLEMENTAL STAN 1. The day care center will remain in operation for a period of time equal to or longer than the period of time during which the target units are required to remain affordable pursuant to the density bonus housing agreement. 2. Of all children who attend the day care center, the percentage of children from very-low income households, lower- income households, or moderate - income households shall be equal to or greater than the percentage of dwelling units that are proposed to be affordable to very-low income households, lower- income households, or moderate - income households in the residential development. C. The applicant shall be responsible for all costs of monitoring compliance with these conditions of approval. D. Notwithstanding any other requirement of this chapter, the City shall not be required to provide a density bonus or incentive or concession for a day care center if it finds, based upon substantial evidence, that the community already has adequate day care center facilities. 17.84.120 Condominium conversions - density bonus. A. An applicant shall be eligible for either a density bonus or other incentives or concessions of equivalent financial value in accordance with State law if the applicant for a conversion of existing rental apartments to condominiums agrees to provide fifteen (15 %) percent of the total units in the condominium conversion project as target units affordable to lower- income households, or to provide thirty -three (33 %) percent of the total units in the condominium conversion project as target units affordable to moderate - income households. Table 17.84.120.1, Density Bonus Summary for Land Donation, Day Care Center and Condominium Conversion, summarizes these requirements. All such target units shall remain affordable for the period specified in the density bonus housing agreement, required pursuant to Section 17.84.140. B. In condominium conversion projects if the number of affordable target units meets or exceeds the percentages specified in Subsection A, a density bonus of up to twenty -five (25 %) percent of the number of units to be provided within the existing structure or structures proposed for conversion shall be allowed. C. No condominium conversion shall be eligible for a density bonus if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives or concessions were previously provided pursuant to this chapter or Government Code Section 65915. TITLE 17- ZONING ARTICLE 4 -SUPPLEMENTAL STANDARDS 24