Title 17 — ZONING[[1]]

Chapters:

Footnotes:

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Editor's note— Section 5, of Ord. No. 931, adopted Oct. 22, 2013, repealed Title 17 in its entirety. Exhibit A of said ordinance enacted new provisions to read as herein setout. Former Title 17 pertained to the same subject matter, consisted of Chapters 17.04, 17.08, 17.12, 17.16, 17.20, 17.24, 17.28, 17.30, 17.32, 17.36, 17.40, 17.44, 17.46, 17.48, 17.52, 17.56, 17.60, 17.64, 17.68, 17.72, 17.76, 17.80, 17.82, 17.84, 17.88, 17.92, 17.96, 17.98, 17.100, 17.104, 17.106, 17.108, 17.112, 17.116, 17.120, 17.124. See Prior Code Cross-Reference Table; the Ordinance List; and the Code Comparative Table and Disposition List for legislative history.

Article 1. - PURPOSE AND APPLICABILITY OF ZONING CODE Chapter 17.04 - GENERAL PROVISIONS

This Title, cited as the Rosemead Zoning Code, Title 17 of the Rosemead Municipal Code, carries out the policies of the Rosemead General Plan by classifying and regulating uses of land and structures within the City. This Title is adopted to protect and promote the public health, safety, and general welfare of residents and businesses in the City. More specifically, it is the purpose of this Title to:

A.

Provide standards that will guide orderly growth and development of the City;

B.

Preserve and protect the integrity and character of the City's residential neighborhoods;

C.

Maintain vital areas for business activities that serve the community and protect the quality of life;

D.

Require thoughtful planning and design that enhances the visual character of the City and avoids conflict between land uses;

E.

Create a comprehensive and stable pattern of land uses for which public services and infrastructure can be efficiently and adequately planned; and

F.

Ensure that property within the City is well maintained by requiring each owner, occupant, or other person in charge of any property to keep it in good repair and in compliance with the provisions of this Title.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.04.020 - Authority, relationship to general plan, and adopted specific plans.

A.

Authority. This Title is adopted pursuant to Article XI, of the Constitution of the State and in compliance with the requirements of Government Code Title 7, Planning and Zoning Law.

B.

General Plan Consistency. The City's General Plan is the document that establishes the broad goals and

policies for all future development. This Title is one of the primary tools used to implement the goals, objectives, and policies of the General Plan. The City Council intends, and State law requires, that this Title be consistent with the General Plan, and that any use or development approved in compliance with this Title will also be consistent with the General Plan.

C.

Specific Plan Consistency. The development standards and guidelines contained in an adopted Specific Plan provide for land development and use within the Specific Plan area. The Specific Plan supersedes the otherwise applicable City of Rosemead development standards and regulations unless stated otherwise in the Specific Plan document. Whenever the provisions and development standards contained in this Title conflict with those contained in the Specific Plan, the provisions of the Specific Plan shall take precedence. Where the Specific Plan is silent, the City of Rosemead Municipal Code shall apply.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 978, § 5(Exh. A), 2-27-18)

This Title applies to all land uses, structures, and development within the City as follows:

A.

New Land Uses or Structures. It shall be unlawful and a violation of this Title for any person to establish any land use or construct any structure except in compliance with the requirements of this Title.

B.

Existing Land Uses or Structures. The requirements of this Title are not retroactive in their effect on land uses or structures, lawfully established before the effective date of this Title or any applicable amendment. Existing land uses or structures are lawful and not in violation of the Rosemead Municipal Code only when operated and maintained in compliance with all applicable provisions of this Title.

C.

Other Permits and Requirements. Nothing in this Title eliminates the need for obtaining any other permits required by the City, or any permit approval required by other provisions of the Municipal Code or the laws or regulations of any County, Regional, State, or Federal agency.

D.

Government Projects. The provisions of this Zoning Code shall apply to any County, special district, and State or Federal government or agency to the maximum extent allowed by law. The provisions of this Zoning Code shall not apply to any public project of the City except to the minimum extent required by law.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

Authority to Interpret. The Community Development Director shall have the responsibility and authority to interpret the requirements and intent of this Title, and as permitted by the Garvey Avenue Specific Plan subject to the Specific Plan's provisions.

B.

Interpretations Implemented as Policy. The Community Development Director may from time to time establish an interpretation as a matter of policy in order to ensure consistent and fair application of the Code. After ascertaining all pertinent facts regarding an interpretation, the Community Development Director shall set forth the findings of the interpretation in writing as provided in subsection B.1. and made available to the public together with the Zoning Code. Unless such finding and interpretation is appealed to the Planning Commission, the Community Development Director's interpretation shall thereafter govern.

1.

Procedure for Interpretation. At the written request of any person, or at the Community Development Director's discretion, the Community Development Director may determine the meaning or applicability of any requirement of this Title and may issue an official interpretation.

a.

Requests for interpretation shall be in writing and specifically state the provision(s) in question and provide any information to assist in the review.

b.

The Community Development Director's official interpretation shall be recorded in writing and shall quote the provision(s) being interpreted, and explain their meaning or applicability in the particular or general circumstances that caused the need for interpretation.

c.

The Community Development Director's official interpretations shall be distributed to the City Council, Planning Commission, City Attorney, City Clerk, and all affected staff.

d.

Any interpretation of this Title by the Community Development Director may be appealed to the Planning Commission, whose decision regarding the interpretation shall be final. The Community Development Director may also refer any interpretation to the Planning Commission for a determination.

2.

Allowable Uses of Land. The Community Development Director may determine that a proposed use not listed in Article 2, Chapter 17.12 (Residential Zoning Districts), Chapter 17.16 (Commercial Zoning Districts), Chapter 17.20 (Commercial and Industrial Zoning Districts), Chapter 17.24 (Special Purpose Zoning Districts), and 17.28 (Overlay Zones) is allowable if the use is substantially similar to a use permitted in Article 2, Chapter 17.12 (Residential Zoning Districts), Chapter 17.16 (Commercial Zoning Districts), Chapter 17.20 (Commercial and Industrial Zoning Districts), Chapter 17.21 (Garvey Avenue Specific Plan), Chapter 17.24 (Special Purpose Zoning Districts), and 17.28 (Overlay Zones) and all of the following findings are made:

a.

The proposed use will be consistent with the goals, objectives, and policies of the General Plan;

b.

The characteristics of, and activities associated with, the proposed use are equivalent to those of one or more of the uses listed in the zoning districts as allowable, and are no more detrimental or intensive than the uses listed in the district for which the proposed use is determined to be consistent with; and

c.

The proposed use will meet the purpose and intent of the zoning district that is applied to the site where the proposed use is to be located.

3.

Zone district boundaries. The Community Development Director may determine the exact location of any zone district boundary. Any such determination shall be documented in writing and shown clearly on a map, and may be appealed to the Planning Commission.

C.

Interpretation as Minimum Requirements. When any regulation or standard of this Title is being interpreted and applied all provisions shall be considered to be minimum requirements unless stated otherwise (such as height limits and lot coverage for structures).

D.

Calculations - Rounding. Where provisions of this Zoning Code require calculations to determine applicable requirements any fractional/decimal results of the calculations shall be rounded as provided by this subsection.

1.

Residential Density, Minimum Lot Area, and Number of Lots. The fractional/decimal results of calculations of the number of dwelling units allowed on a parcel based on maximum density requirements, and the number of parcels allowed through subdivision based on a minimum lot area requirement shall be rounded down to the next lowest whole number, except when calculating a density bonus in compliance with Chapter 17.84 (Density Bonus). In the case of a density bonus, the fractional/decimal results of a calculation of the number of dwelling units allowed shall be rounded up to the next whole number.

2.

All Other Calculations. For all calculations required by this Zoning Code other than those described in Subsection D.1 above, the fractional/decimal results of calculations shall be rounded to the next highest whole number when the fraction/decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 978, § 5(Exh. A), 2-27-18)

17.04.050 - Definitions—General.

For use in this Title certain terms are hereby defined. Words used in the present tense shall include the past and future tense and vise versa. Words in the singular form shall include the plural form and vice versa. The words "shall" and "will" are mandatory and the words "should" and "may" are permissive.

Words and phrases used in the Zoning Code and not specifically defined shall be construed according to the context and common usage of the language and as ultimately determined by the Community Development Director. Application of definitions within the Garvey Avenue Specific Plan shall be consistent with the Specific Plan goals, objectives, and the purpose and character of each land use district.

For the purpose of carrying out the intent of this Title, certain terms, words, and phrases are defined and shall be deemed to have the meaning ascribed to them as follows:

"Accessory Structure."

"Nonresidential Accessory Structure" means an attached or detached structure that is a part of, and clearly incidental and secondary to, a nonresidential structure and that does not change the character of the nonresidential structure. Illustrative examples of these structures include:

•

Decks.

•

Fences.

•

Garages.

•

Gazebos.

•

Kiosks and carts for selling beverages, food, clothing, phones, toys, etc.

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Outdoor fireplaces.

•

Outdoor kitchens.

Outdoor play equipment.

•

Patios.

•

Platforms.

•

Porches.

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Refuse collection structures/trash enclosures.

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Spas and hot tubs.

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Storage or work sheds.

•

Swimming pools.

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Tennis and other on-site sport courts.

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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 are sold, served, or given away for consumption off the premises. References to the establishment shall include any immediately adjacent area that is owned, leased, rented, or controlled by the licensee.

"Alcohol Sales, On-Sale" means any establishment in which alcoholic beverages are sold, served, or given away for consumption on the premises and where the owner is applying for or has obtained any ABC Licenses for on-site consumption. References to the establishment shall include any immediately adjacent area that is owned, leased, rented, or controlled by the licensee. (See Article 3, Chapter 17.30 (Standards for Specific Land Uses), Section 17.30.040 for Alcohol Beverage Sales regulations.)

"Alley" means a public way, other than a street, permanently reserved as a secondary means of vehicular access to abutting property.

"Ambulance Fleet Services" means a base facility where ambulances and similar vehicles are parked and from which they are dispatched, and/or where ambulance vehicles and crews are not based at a hospital or fire department stand by for emergency calls.

"Animal Hospital/Clinic:" See "Veterinary Services."

"Animal Sales and Services:"

"Animal Boarding/Kennels" means the commercial provision of shelter and care for dogs, cats, other household animals, and horses (where allowed), including activities associated with such shelter and care (i.e., feeding, exercising, grooming, and incidental medical care).

"Animal Grooming" means the commercial provision of bathing and trimming services for dogs, cats, and other household animals permitted by this Development Code. Overnight boarding is not allowed.

"Animal Retail Sales" means the retail sales of household animals within an entirely enclosed building. This use includes grooming, if incidental to the retail use, but specifically excludes boarding of animals other than those for sale.

"Antique" means any article which because of age, rarity, or historical significance has a monetary value greater than the original value, or which has an age recognized by the United States Government as entitling the article to an import duty less than that prescribed for contemporary merchandise.

"Apartment" means a room or a suite of two or more rooms in a multiple dwelling, occupied or suitable for occupancy as a residence for one family.

"Apartment House" means a building containing three or more apartments each of which is designed for occupancy or occupied by a person or family living independently of the other apartments or units in the building.

"Apartment Studio" means a small apartment usually consisting of one main living space, a small kitchen, and a bathroom.

"Arcade" means an establishment that provides four or more amusement devices, whether or not the devices constitute the primary use or an accessory or incidental use of the premises. Amusement devices means electronic or mechanical equipment, game, or machine that is played or used for amusement, which when so played or used involves skill and which is activated by coin, key, or token, or for which the player or user pays money for the privilege of playing or using. See also "Internet/Cyber Café".

"Architectural Feature" means any part of the structure that is part of the design and creates the style of the building or structure such as windows, eaves, trim, porches, etc.

"Artist Studio" means a space used to produce paintings, drawings, pottery, sculpture, ceramics, home crafts, creative writing, dance (individual or one on one instruction), or music (individual or one on one instruction). Offensive noise, vibration, dust, etc., are prohibited. Most goods are sold primarily at a different location, such as farmer markets or festivals.

"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).

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"Automobile Car Wash" means establishments engaged in the washing, waxing, or cleaning of automobiles or similar light vehicles.

"Full Service" means a car wash establishment where operating functions are performed entirely by an operator/owner with the use of washing, waxing, and drying equipment.

"Self-Service or Accessory" means an establishment where washing, drying, polishing, or vacuuming of an automobile is done by the car driver or occupant.

"Automobile Lube and Tune Facility" means an establishment that provides minor maintenance services for automobile engines and brake systems. Such businesses are characterized by short service visits. Overnight outdoor parking or storage of automobiles being serviced is prohibited.

"Automobile Parts and Accessory Store" means a retail place of business selling or furnishing automobile supplies and parts. No repair work of any kind may be conducted in conjunction with such use.

"Automobile Rental or Leasing" means a place of business used for the storage and display of complete and operative automobiles for the purpose of renting or leasing said vehicles on a short or long term basis.

"Automobile Repair Garage" means a business conducted within a fully enclosed building which services and repairs motor vehicles, but exclusive of all body and fender repair or painting, steam cleaning, mechanical and non-mechanical car washing, recapping of tires, engine or transmission overhauling or replacement and other major repairs.

"Automobile Service Station" means a retail business establishment limited to the sale of motor fuels and supplying goods and services generally required in the operation and maintenance of automotive vehicles and the fulfilling of motorists' needs. These may include sale of petroleum products; sale and servicing of tires, batteries, automotive accessories and replacement items; washing and lubrication services; the performance of minor automotive maintenance and repair; and the supplying of other 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.

ommercial establishment, such as a (nonmedical) health spa or day spa, providing a comprehensive range of beauty, health, relaxation, and personal care and grooming services including, but not limited to, hair cutting and styling, facials and skin care, skin treatments, aesthetician services, nail care, hair removal, electrolysis, cosmetics, tanning, body wrapping, weight management, and massage.

"Bedroom" means an enclosed space within a dwelling unit that is designed for sleeping has a permanent door permitting closure and separation from all kitchen, living room, and hallway areas and complies with the Uniform Building Code requirements for a bedroom.

"Berm" means a raised earthen area (see Figure 17.04.050.2).

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"Boarding House or Rooming House" means a dwelling unit, where sleeping or non-sleeping rooms are rented for lodging purposes to individuals, with rental agreements, leases, or subleases, either written or oral or implied, whether or not an owner, agent, or rental manager is in residence. Meals may be provided to boarders in connection with the renting of sleeping rooms or common kitchen facilities may be provided. This definition does not include household; convalescent facility; residential care facility; group home; emergency shelter; supportive housing; transitional housing; hotel; motel; or other extended lodging facility as these terms are defined in this Code.

"Body Art" means art made on, with, or consisting of, the human body. The most common forms of body art are tattoos and body piercing.

"Body Art Establishment" means a single business location, which is engaged in the creation of body art, such as tattoo parlors. Body Art Establishments shall not include beauty salons, and/or similar establishments, that provide permanent cosmetics to the human face as a means of producing designs that resemble makeup to the skin of the face, including, but not limited to, the permanent coloring of the eyebrows, lip line, eye line, and/or eyelashes. Such beauty salons, and/or similar establishments shall operate pursuant to a valid cosmetology license and in accordance with any and all state, county, and city regulations.

"Body Branding" means impressing or burning a mark or figure on the skin of a person with a hot object or flame.

"Body Scarring" means any method by which a scar is applied to or left upon a body.

"Breezeway" means a structure with a roof and open sides that connects two buildings.

"Building" means a permanently located structure having a roof supported by columns or walls for the shelter, housing or enclosure of persons, animals, personal property of any kind.

"Building Height" means the vertical distance from the average finished ground level of the site to the highest point of the roof. In cases of ambiguity and for unique architectural elements, the determination of building height will be determined by the Community Development Director.

"Building Site" means the ground area of a building or group of buildings together with all open spaces as required by this Zoning Code.

"Business and Business Activity" means any sole proprietorship, partnership, joint venture, corporation, or other business entity formed for profit-making purposes.

"California Licensed Medical Professional" means a physician, surgeon, chiropractor, acupuncturist, osteopath, nurse, psychiatrist, physical therapist who is duly licensed to practice his or her respective profession in the state of California and who performs activities encompassed by such professional license.

"Carport" means a permanent roofed structure with not more than two enclosed sides used or intended to be used for automobile shelter and storage. Carports cannot be used to satisfy the off-street parking requirements of this Title.

"Catering Service" means a business which primary function is to prepare food for distribution off the premises. It shall not include a business which primary function is the sale of individual meals or portions thereof on the premises.

"Church:" See "Places of Religious Assembly."

"Club" means any building or premises used by an association of persons, whether incorporated or unincorporated, for some common nonprofit purpose, but not including groups organized primarily to render a service carried on as a business.

"Commercial Recreation and Entertainment" means establishments providing participant or spectator recreation or entertainment, either indoors or outdoors, for a fee or admission charge. Illustrative examples of these uses include:

• Arcades or electronic games (see "Arcade")

• Batting cages

• Country clubs

• Family fun centers

• Golf courses

• Internet/cyber cafés (see "Internet/Cyber Café")

"Community Development Director" means the Director of the city of Rosemead Community Development Department or his or her designee.

"Conditional Use Permit" means a discretionary permit required for certain uses specified in this Code to provide for the thorough review of such proposed uses and their associated structures and other improvements, with the intent of ensuring that if approved, such use can be operated in a manner compatible with surrounding uses. See Article 5, Chapter 17.132 (Conditional Use Permits).

"Convalescent Facility:" See "Residential Care Facility."

"Convenience Store" means easy access retail stores selling a combination of alcohol, gasoline, or a range of merchandise to provide a variety of items primarily for the motoring public.

"Corner Cutoff Area" means a portion of a corner lot or parcel of land which is maintained in a manner to provide adequate and safe visibility for vehicular and pedestrian traffic wherever streets and alleys converge.

"Cottage Food Operation" means an enterprise within the registered or permitted area of a dwelling unit where the cottage food operator, as defined by California Health and Safety Code 113758, resides and where cottage food products pursuant to California Health and Safety Code 113758 are prepared or packaged for direct, indirect, or direct and indirect sale to consumers.

"Cultural Institution" means any facility such as a museum or library that displays or preserves objects of community or cultural interest relating to one or more of the arts or sciences. This use includes libraries, museums, and art galleries.

"Day Care, General" are establishments that provide nonmedical care for fifteen (15) or more persons on a less than a 24-hour basis, including nursery schools, preschools, and day care centers for children or adults. Such use must comply with all applicable State regulations, and specifically those set forth in the California Health and Safety Code commencing with Section 1596.70, to be considered a General Day Care facility. General Day Care establishments may be accessory to an industrial, commercial or institutional use, as may be allowed by Article 2 of this Zoning Code.

"Day Care, Limited" means nonresidential, nonmedical care and supervision of fourteen (14) or fewer persons on a less than 24-hour basis.

Child Day Care:

"Child Care Home, Small Family (eight or fewer children)" means day care facilities located in single-family dwellings where an occupant of the dwelling provides care and supervision for eight or fewer children. Children under the age of ten (10) years who reside in the dwelling count as children served by the day care facility. Such use must comply with all applicable State regulations, and specifically those set forth in the California Health and Safety Code commencing with Section 1596.70, to be considered a small family child care home.

"Child Care Home, Large Family (nine to fourteen (14) children)" means day care facilities located in singlefamily dwellings where an occupant of the dwelling provides care and supervision for nine to fourteen (14) children. Children under the age of ten (10) years who reside in the dwelling count as children served by the day care facility. Such use must comply with all applicable State regulations, and specifically those set forth in the California Health and Safety Code commencing with Section 1596.70, to be considered a large family child care home. See "Day Care, General" for facilities serving fifteen (15) or more children.

"Adult Day Care:" See "Day Care, General."

"Developed Living Area" means the sum of the areas of all floors of a building approved for residential use as measured from the interior faces of exterior walls.

"Disability" means a physical or mental impairment that limits or substantially limits one or more major life activities. A person with a disability is anyone who is regarded as having such impairment or anyone who has a record of such impairment.

"Discretionary Permit" means a permit that is subject to the evaluation, judgment, and approval or denial by the Rosemead Planning Commission and/or the Rosemead City Council.

"Donation Box" means a bin, storage shed, or similar facility measuring no more than eight feet wide by eight feet long and eight feet high, and established as an accessory use to a primary use for the purpose of providing a collection location for donated clothes, shoes, and small household items. Such facilities generally are established by a charitable or non-profit organization.

"Drive-Through or Drive-Up Facilities" means an establishment that sells products or provides services to occupants in vehicles, including drive-in or drive-up windows and drive-through services. Examples include fast food restaurants, banks, and pharmacies.

"Driveway" means a paved access from a street or alley to a garage or other parking area; a driveway may include the space required to turn or maneuver a motor vehicle into and out of such parking area.

"Dwelling" means a structure or portion thereof designed exclusively for permanent residential purposes, but not including hotels, motels, emergency shelters, or extended stay locations.

"Accessory Dwelling Unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or

existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:

1.

An efficiency unit as defined in Section 17958.1 of the Health and Safety Code.

2.

A manufactured home, as defined in Section 18007 of the Health and Safety Code.

"Dwelling Unit" means any structure or portion thereof designed for living and sleeping purposes that contains independent cooking and sanitation facilities.

"Junior Accessory Dwelling Unit" means a unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

"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.

"Two-Family Dwelling (Duplex) Unit" means a building containing two complete dwelling units designed for the independent occupancy of two households.

"Urban Dwelling" means an attached or detached residential dwelling unit that complies with Section 65852.21 of the Government Code as amended in Section 17.30.210 of the Rosemead Municipal Code.

See also "Manufactured Housing" and "Mobile Housing Unit."

"Easement" means a recorded right or interest in the land of another, which entitles the holder thereof to some use, privilege or benefit out of or over the real property without possessing it. An access easement is a right granted by a landowner to certain other property owners, or the general public, to travel across the landowner's property for access.

"Eating and Drinking Establishments:"

"Accessory Food Service" means an establishment that sells food and/or beverages as an accessory use in a retail, office, or institutional structure and that does not change the character of the primary use.

"Bar, Lounges, Nightclubs, Taverns (includes independent or accessory establishments)" means any establishment that sells or serves alcoholic beverages for consumption on the premises and is holding or

applying for a public premise license from ABC and in which persons under twenty-one (21) years of age are restricted from the premises. References to the establishment shall include any immediately adjacent area that is owned, leased, rented, or controlled by the licensee.

"Fast Food" means a restaurant which supplies food and beverages primarily in disposable containers and which is characterized by high automobile accessibility, self-service, and short stays by customers.

"Outdoor Dining" means a dining area with seats and/or tables located outdoors of a sit-down restaurant, fast food, or other food service establishment. Outdoor dining is located entirely outside the walls of the contiguous structure or enclosed on one or two sides by the walls of the structure with or without a solid roof cover.

"Restaurant, Sit-down" means an establishment engaged in the business of selling food and beverages, including alcoholic beverages, prepared on site for primarily on-site consumption. Food and beverages are served to the customer at a fixed location (i.e., booth, counter, or table). Food and beverages are ordered from a menu. Customers typically pay for food and beverages after service and/or consumption. The sale or service of sandwiches, whether prepared in the kitchen or made elsewhere and heated on the premises, or snack foods, shall not constitute a sit-down restaurant.

"Take-Out Service" means an establishment that offers a limited variety of food or beverages. Transactions are sales for off-site consumption. Customers are served either at a counter or service window. Incidental seating (less than two hundred fifty (250) square feet of seating area) may be provided for limited on-site consumption of food or beverages. Typical uses include bakeries, coffee stores, ice cream and frozen dessert stores, delivery-only pizza establishments, small delicatessens, and similar establishments.

"Eave" means the part of a roof that overhangs an exterior wall.

"Educational Institute" means any public, private, or parochial elementary, junior high, high school, university, or other school giving general academic instruction in the several branches of academic learning, which has five or more students. Educational Institutes do not include trade schools, which are defined separately herein.

"Electronic Game Center:" See "Arcade."

"Emergency Health Facility" means establishments that provide emergency medical service (i.e., outside normal physician office hours or before a physician appointment is available) with no provision for overnight or continuing care on an inpatient basis. Also includes "urgent care" facilities and walk-in clinics. Does not include hospitals (see "Hospital").

"Emergency Shelter:"

"Emergency Shelter" shall mean any establishment operated by an Emergency Shelter Provider that provides homeless people with immediate, short-term housing for no more than six months in a 12-month period, where no person is denied occupancy because of inability to pay. Emergency Shelters may also provide shelter residents with additional supportive services such as food, counseling, laundry, and access to other social programs. Emergency Shelters may have individual rooms and common areas for residents of the facility, but may not be developed with individual dwelling units, with the exception of a manager's unit

"Emergency Shelter Provider" shall mean a government agency or non-profit organization that provides emergency or temporary shelter, and which may also provide meals, counseling, and access to other social programs. This definition does not include such emergency shelters as may be provided for relief following a natural disaster or during a state of emergency or those provided at a place of religious assembly for less than five days in any 30-day period.

"Temporary Aid Center" shall mean any establishment that provides homeless and low-income people with short-term services, where no person is denied assistance because of inability to pay. Temporary aid centers provide supportive services such as food, clothing, counseling, laundry, and access to other social programs, but do not provide overnight shelter. This use does not include establishments that function as medical or professional offices and provide social services.

"Equipment Rental Yard" means service establishments primarily engaged in the outdoor storage and rental of construction equipment, materials or supplies, machinery or industrial supplies.

"Establishment:" See "Business and Business Activity."

"Façade" means one side of the exterior of a building, generally the front, but also may include the sides and rear. In architecture, the façade of a building is often the most important from a design standpoint, as it sets the tone for the rest of the building.

"Family" means any group of individuals living together as the functional equivalent of a family where the residents may share living expenses, chores, eat meals together and are a close group with social, economic, and psychological commitments to each other. A family includes, for example, the residents of residential care facilities and group homes for people with disabilities. A family does not include larger institutional group living situations such as dormitories, fraternities, sororities, monasteries, nunneries, or boarding houses.

"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:

Elevator shafts;

Stairwells;

3.

Courts or atriums uncovered and open to the sky;

4.

Rooms exclusively housing building operating equipment; and

5.

Parking areas.

"Floor Area Ratio (FAR)" means the total square-footage of floor area on a lot divided by the gross area of the lot. Such calculation shall include only those structures intended for permanent habitation. For all subdivisions and unimproved vacant lots FAR calculations shall use the net area of the proposed lot.

"Fortunetelling" means a business that professes to foretell future events. No such business shall be conducted in a structure utilized for residential purposes. No such business qualifies as a home occupation.

"Frontage" is the face of a building or length of a lot that is parallel to, or is at a near parallel angle to a public street or public parking area.

"Funeral Homes and Mortuaries" means establishments engaged in the provision of services involving the care, preparation, or disposition of human remains other than in cemeteries. May or may not include crematories and/or mortuaries. No internment is provided on site. May include areas for assembly services and living quarters for funeral home/mortuary manager.

"Garage" means an accessory structure or portion of the main building permanently roofed and enclosed on all sides, which is designed or used for the shelter of motor vehicles.

"General Plan" means the General Plan for the development of the City adopted by the City Council.

"Glare" means the shining of bright or intense light on a property.

"Government Facilities" means a building or structure owned, operated, or occupied by a governmental agency to provide a governmental service to the public.

"Grade, Existing" means the surface of the ground or pavement at a stated location as it exists before disturbance in preparation for a project regulated by this Zoning Code.

"Grade, Finished" means the elevation of the surface of the ground adjoining the building at the completion of a project regulated by this Zoning Code.

"Grade (ground level)" is the average of the finished ground level at the center of all walls of a building, except in cases where walls are parallel to and within five feet of a sidewalk, ground level shall be measured at the sidewalk.

"Group Home" means any residential care facility licensed by the State of California for occupation by six or fewer persons. See definition under Title 22 (Social Security) in the California Code of Regulations (Section 80001[g]).

"Hardscape" means areas such as patios, decks, driveways, paths, and sidewalks that do not require irrigation.

"Health/Fitness Facilities:"

"Health/Fitness Facilities (Small)" means an indoor facility of two thousand (2,000) square feet or less in size where passive or active exercises and related activities are performed using minimal muscle-building equipment or apparatus for the purpose of physical fitness, improved circulation or flexibility, and/or weight control. Examples of uses include Pilates, personal training, yoga, and martial arts studios.

"Health/Fitness Facilities (Large)" means a full-service fitness center, gymnasium, or health and athletic club which is over two thousand (2,000) square feet in size and may include any of the following: sauna, spa or hot tub facilities; weight rooms; indoor tennis, handball, or racquetball courts; aerobic classes and other indoor sports activities; locker rooms and showers.

"Hedge" means a line of closely spaced shrubs and tree species, planted and trained in such a way as to form a barrier or to mark the boundary of an area.

"Heliport" means an area used for the landing, parking, or takeoff of helicopters including operations facilities (i.e. fueling, loading and unloading, maintenance, storage, terminal facilities, etc.).

"Helistop" means a single pad used for the landing, parking, or takeoff of one helicopter and other facilities as may be required by Federal and State regulations, but not including operations facilities (i.e. fueling, loading and unloading, maintenance, storage, terminal facilities, etc.).

"Homeowners' Association" means an organization of homeowners whose major purpose is to maintain and provide community facilities and services for the common benefit of the residents.

"Home Occupation" means a business, occupation, or activity conducted as an accessory use within a dwelling unit incidental to the residential use of the property and in which there is no display, no stock or trade commodity sold on the premises, and which the appearance gives no indication of any use other than residential.

"Horticulture" means the study and practice of cultivating plants, such as growing fruit, flowers, ornamental plants, and vegetables in small gardens. Horticulture usually refers to gardening on a smaller scale, while agriculture refers to the large-scale cultivation of crops.

"Horticulture, Commercial" means the cultivation of agricultural products for retail or wholesale sales. Includes plant nurseries.

"Horticulture, Private" means the cultivation (but not sale) of agricultural products for use or consumption only by the property owner or tenant.

"Hospital" means a facility providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons, primarily on an inpatient basis. This use includes incidental facilities for outpatient

treatment, as well as training, research, and administrative services for patients and employees. This excludes sanitariums and residential care facilities.

"Hotel" means a building or a portion of a building containing guest rooms intended or designed to be used or which are used, rented, or hired out to be occupied or which are occupied for temporary or overnight accommodations, but not used as the legal residence or principal dwelling place of the occupant(s). Entrance to all guest rooms must be from completely enclosed interior halls.

"Industry" means establishments engaged in the manufacturing of finished parts or products, either from raw materials or previously prepared materials, within an enclosed structure. This includes processing, fabrication, assembly, treatment, testing (i.e., laboratories), packaging, incidental office storage, sales, and distribution of the parts or products; and laundry and dry cleaning plants.

"Industry, Light" means the manufacture and/or processing of consumer-oriented goods in a manner that does not produce noticeable odors, air emissions, or other environmental effects, and that has limited associated trucking activity. Light industries generally require limited amounts of raw materials to produce goods. Examples of light industries include, but are not limited to, the manufacture of clothes, shoes, furniture, consumer electronics, and household items.

"Industry, Heavy" means the manufacture and/or processing of materials and goods utilizing large quantities of raw materials, and generally requiring high capitalization and production of large quantities of output. Heavy industry often sells output to other business users rather than consumers. Characteristics of heavy industry include, but are not limited to, heavy trucking activity, noise, emissions requiring federal or state environmental permits, use of large quantities of hazardous materials as defined the U.S. Environmental Protection Agency, and requirement for specialized permits from federal and state occupational health and safety agencies.

usiness users rather than consumers. Characteristics of heavy industry include, but are not limited to, heavy trucking activity, noise, emissions requiring federal or state environmental permits, use of large quantities of hazardous materials as defined the U.S. Environmental Protection Agency, and requirement for specialized permits from federal and state occupational health and safety agencies.

"Internet Café and Game Arcade" means an establishment that provides more than three computers and/or other electronic devices to the public for compensation and/or for public access to that system commonly referred to as the "Internet" for the purpose of e-mail, playing video games over the Internet or other network system, and/or access to other computer software programs. Internet cafe is also synonymous with PC café, cyber café, internet gaming center, computer/internet rental and cyber centers. See "Commercial Recreation and Entertainment".

"Karaoke Entertainment" means an accessory entertainment use consisting of a musical rendition in which participant(s) sing words accompanied by popular recordings from which the vocals have been removed and the results of which are professionally mixed and amplified for play-back entertainment of other patrons.

"Karaoke TV (KTV) Studio" means an establishment offering participatory Karaoke entertainment as a primary use, where patrons perform semi-privately in booths or rooms reserved for such purpose.

"Kennel:" See "Animal Sales and Services, Animal Boarding/Kennels".

"Kitchen" means any room all or part of which is designed and/or used for the cooking and other preparation of food.

"Landscaping" means any combination of native or exotic plants, lawn, groundcover, trees, shrubs, and other plant materials, plus decorative outdoor and complementary elements such as pools, fountains, water features, paved or decorative walkways or surfaces of rock, stone, brick, block, or similar material (excluding driveways, parking, loading, or storage areas), and sculptural elements. Plants on rooftops or porches or in boxes attached to structures typically are not considered landscaping.

"Large Collection Facility" means a center for the acceptance by donation, redemption or purchase of recyclable materials from the public. Such a facility does not use power-driven processing equipment and is two hundred (200) square feet or greater in floor space and is located on the same parcel as the principal use.

"Laundry and Dry Cleaning Services:"

"Laundry/Dry Cleaning Services - Off-Site" means establishments that serve as pick-up and drop-off locations for dry cleaning only, with no cleaning equipment located onsite. This use does not include a selfservice 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.

"Live/Work" (includes "Artist Live/Work") means a unit that is designed or structurally modified to combine residential occupancy and commercial activity such as artist studios, professional offices, software/media offices, or small-scale retail sales of art and crafts.

"Lot" means a parcel of real property shown as a delineated parcel with a number or other separate designation on a plat recorded in the office of the County Recorder, or a parcel the dimensions or boundaries of which are defined by a record of survey recorded pursuant to the provisions of the Subdivision Map Act of the state, in the office of such recorder, or a parcel the dimensions and boundary of which are shown on a plot plan or map filed, finally approved and in effect pursuant to Title 16 of this Code, or a parcel containing not less than the minimum square footage required in the zone in or a parcel held under separate ownership and lawfully separated in ownership prior to the effective date of this chapter and all applicable predecessor ordinances, and abutting upon a street or private easement.

"Lot, Corner" means a lot situated at the intersection of two or more streets. (See Figure 17.04.050.3)

"Lot, Flag" means a lot whose shape or property line configuration is created in a manner which utilizes an extension of property for the exclusive purpose of obtaining vehicular and pedestrian access to a public street. New flag lot subdivision is prohibited in the City of Rosemead with the exception of flag lot subdivisions created by Senate Bill 9 (Government Code sec. 66411.7). Refer to 17.30.220 Urban Lot Splits for flag lot subdivision standards.

"Lot, Interior" means a lot other than a corner lot. (See Figure 17.04.050.3)

"Lot, Reversed Corner" means a corner lot the side street line of which is substantially a continuation of the front lot line on the first lot to its rear. (See Figure 17.04.050.3)

"Lot, Through" means a lot having frontage on two parallel or approximately parallel streets. (See Figure 17.04.050.3)

"Lot, Urban Lot Split" means lots created pursuant to Section 66411.7 of the Government Code as amended in Section 17.30.220 of the Rosemead Municipal Code.

"Lot Area" means the total area within the boundary lines of a lot or parcel.

"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 to the midpoint of the rear lot line. (See figure 17.04.050.3a.)

"Lot Line, Front" means:

For an interior lot, the line separating the lot from a street or highway;

2.

For a corner lot, the line separating the narrower street frontage from a street or highway, unless otherwise specified by deed restriction;

3.

In the case of lots set back from the street, with long narrow portions for access (flag lot), the line, or series of lines, delimiting the front of the buildable portion of the lot shall be established as the front lot line;

4.

For a through lot, the lot line abutting the street providing the primary access to the lot. (See Figure 17.04.050.3)

"Lot Line, Interior" means any lot line not abutting a street.

"Lot Line, Rear" means a lot line, not intersecting a front lot line, which is most closely parallel to the front lot line. In the case of an irregularly shaped lot or a lot bounded by only three lot lines, rear lot line shall mean an imaginary line within the lot having a length of ten (10) feet, parallel to and most distant from the front lot line, which shall be interpreted as the rear lot line for the purpose of determining required yards, setbacks, and other provisions of this Land Use Code. (See Figure 17.04.050.3)

"Lot Line, Side" means any lot boundary line that is not a front lot line or a rear lot line. On a corner lot, the street right-of-way line with the greatest amount of street frontage shall be the side lot line, unless otherwise specified by deed restriction. (See Figure 17.04.050.3)

"Lot Width" means the minimum horizontal distance between the side lot lines measured at right angles from the midpoint of lot depth (See Figure 17.04.050.3a).

"Lot, Small" means a parcel of land created through a small lot subdivision for the purpose of developing it with a fee-simple single-family residence parcel.

For the purpose of determining area in the case of an irregular, triangular, or gore-shape lot, a line ten (10) feet in length within the lot and furthest removed from the front lot line and at right angles to the line representing the lot depth of such lot shall be used at the rear lot line.

For the purpose of density calculation of a small lot subdivision project, the lot area shall be the total/cumulative project parcel area(s) except as excluded above.

"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

==> picture [204 x 169] intentionally omitted <==

==> picture [168 x 150] intentionally omitted <==

"Manufactured Housing Unit" means a dwelling unit which is either wholly or mainly manufactured at an off-site location and is assembled on site on a permanent foundation with permanent service connections. The definition does not include a mobile home, mobile accessory structure, or an automobile trailer or recreational vehicle.

"Massage" or "Massage Therapy" means any method of treating the external parts of the body for remedial, hygienic, relaxation or any other similar purpose, whether by means of pressure on, friction against or stroking, kneading, tapping, pounding, vibrating, rubbing or other manner of touching external parts of the body with the hands, or with the aid of any mechanical or electrical apparatus or appliance with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, ointment or other similar preparations commonly used in this practice and shall include herbal body wraps. For the purposes of this chapter, "massage" or "massage therapy" includes the techniques of acupressure and reflexology.

"Massage Business or Establishment" means any business or establishment, including a sole proprietor or independent contractor, conducted within the City where any person engages in, conducts, carries on or permits to be engaged in, conducted or carried on, for money or any other consideration, the administration to another person of a massage, and also includes all businesses or establishments where massage therapy is provided as an ancillary service such as clubs, gyms, day spas and professional offices where such massage therapy is not otherwise exempt under this chapter.

"Medical Clinic" means any building or portion thereof used to provide medical, surgical or psychiatric care to persons and which as a principal function provides such care on an outpatient basis.

"Mezzanine" means an intermediate floor between the main floors of a building, and therefore may not be counted among the overall floors of a building. Often a mezzanine has a low-ceiling and projects outward in the form of a loft or balcony.

"Medical Use" means any use involving the care of persons' general health by licensed practitioners. This includes hospitals, urgent care clinics, out-patient facilities, doctor and dental offices, chiropractic and podiatric facilities, and similar practices of the medical field and directly related laboratory services.

"Ministerial" means a government decision involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the action, including the issuance of a permit.

"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. In a Mixed-Use Development, both uses are considered primary uses of the land.

he 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. In a Mixed-Use Development, both uses are considered primary uses of the land.

"Mobile Housing Unit (Mobile Home)" means a trailer, transportable in one or more sections; that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974; that is over eight feet in width and forty (40) feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory-built housing. A mobile home on a permanent foundation is included under the definition of "Single-unit dwelling."

"Mobile Home Park" means a type of residential development, established either as a legal subdivision of land with individual mobile home pads and common areas or as a development where pads are leased or rented, for the purpose of accommodating mobile home units on individual pads as part of a coordinated development. A mobile home park may include common areas and facilities for the use of all park residents.

"Modular Home:" See "Manufactured Housing Unit."

"Motel" means one or more buildings containing guest rooms without kitchen facilities, some or all of which have a separate entrance leading directly from the outside of the building designed and used as rental for temporary or overnight accommodations for guests and are offered primarily to automobile tourists or transients, with garages or parking spaces conveniently located to each room or unit.

"Motor Home:" See "Recreational Vehicle."

"Multifamily Dwelling:" See "Dwelling, Multifamily."

"Museum:" See "Cultural Institution."

"Nonconforming Building or Structure" means a building or structure or portion thereof which was lawful when constructed but does not conform to Zoning Ordinance requirements subsequently established.

"Nonconforming Use" means the use of land/or building or structure, which was lawful when established including compliance with property development requirements but which does not conform to Zoning Code use and property development requirements subsequently established.

"Nursery:" See "Horticulture."

"Nursery School:" See "Child Day Care Facility."

"Office:"

"Accessory:" See "Accessory Use".

"Administrative Business Professional, Corporate" means an establishment providing direct, "over-thecounter" services to consumers (such as, insurance agencies, real estate offices, travel agencies, utility

company offices, etc.) and office-type facilities occupied by businesses providing professional services and/or engaged in the production of intellectual property.

"Government" means an administrative, clerical, or public contact office of a government agency, including postal facilities, together with the incidental storage and maintenance of vehicles.

"Medical and Dental" means an office or health facility providing health services including, without limitation; preventative and rehabilitation treatment, diagnostic services, testing and analysis. This use includes offices providing medical, dental, surgical, rehabilitation, podiatric, optometric, chiropractic and psychiatric services, and medical or dental laboratories incidental to these offices, but exclude inpatient services and overnight accommodation.

"Open Space:"

"Open Space, Common" means the total land area within a residential development that is not individually owned nor dedicated for public use, and that is designed, intended, and reserved exclusively for the shared use of all the residents of the development and their guests. Examples include barbecue and picnicking areas, play areas, swimming pools, tennis courts, turf areas, and other recreational or leisure features and facilities. Common Open Space does not typically include enclosed spaces/facilities such as a community center, meeting rooms, etc.

"Open Space, Private" means a usable open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.

"Open Space, Usable or Improved" means outdoor space that serves a recreational function or provides visual relief from the building mass.

"Open Space, Unimproved" means any open space that has not been landscaped or otherwise provided with amenities, and is generally kept in a natural state.

"Outdoor Charitable Donation Boxes:" See "Donation Boxes."

"Outdoor Dining:" See "Eating Establishments."

"Outdoor Storage" means the storage of any materials outside of a structure, either as an accessory or primary use.

"Outdoor Use and Display" means any condition other than storage whereby activities are conducted and/or merchandise is placed and advertised for sale outside of a structure, either as an accessory or primary use.

"Outpatient Surgery Facility" means a medical facility where surgery is performed that does not require an overnight hospital stay. Patients may go home after being released following surgery and time spent in the recovery room. (Also referred to as ambulatory surgery facility.)

"Overhang" means a protruding structure which may provide protection for lower levels.

"Pad, Building" means the land area needed to support the building, landscaping and utilities of a structure.

"Parapet" means a wall-like barrier at the edge of a roof, terrace, balcony, or other structure. Where extending above a roof, it may simply be the portion of an exterior wall that continues above the line of the roof surface, or it may be a continuation of a vertical feature beneath the roof such as a fire wall or party wall.

"Parking, Joint Use" means the use of a single parking facility by several related uses occupying the same or adjacent parcels. For example, the use of a single parking facility by tenants of a shopping center.

"Parking, Shared" means the use of a single parking facility by two distinctly different uses with distinctly different hours of operation such that the shared use of the facility can be accomplished without limiting the ability of one use to occupy the facility to the detriment of the other. For example; distinctly different uses could be a place of religious assembly which generally has weekend parking demands and an office development, which typically uses the parking facility during the week.

"Parking Space" means an unobstructed space or area other than a street or alley that is permanently reserved, maintained, and accessible for the parking of one motor vehicle.

"Garage Parking Space" means a parking space provided within an enclosed structure, with a closing and locking door, whose primary use is the storage of vehicles.

"Off-Street Parking Space" means a permanent parking space for a vehicle which is designed to City standards and not located on a dedicated street right-of-way.

"On-Street Parking Space" means parking space for a vehicle which is designed to City standards and located on a dedicated street right-of-way.

"Parking Structure" means a structure that is designed specifically for automobile parking and where there are a number of floors or levels on which automobiles park.

"Parks and Recreation Facilities" means public parks, play lots, playgrounds, and athletic fields for noncommercial neighborhood or community use including sports courts. These may include passive outdoor recreation areas that also may be located in conservation areas and/or qualify as "open space." These do not include facilities that are privately owned or commercial facilities ("Commercial Recreation and Entertainment").

"Parkway" is the portion of the public right-of-way between the curb and the sidewalk or, where no sidewalk is provided between the curb and adjacent private property line. A parkway generally includes landscape improvements.

"Patio" means a paved unenclosed outdoor area that is used for lounging, dining, etc.

"Patio Cover" is a solid or open roof structure that covers a patio, platform, or deck area, and that is either detached from or attached to another structure.

"Personal Services Business" is any business or enterprise that provides individual care to persons involving their personal health, fitness, grooming, or appearance.

"Personal Services, General" [means] establishments that provide recurring needed services of a personal nature. Examples of these uses include:

•

Acupuncture and acupressure

•

Barber and beauty shops (without massage services)

•

Clothing rental shops

•

Day spas

•

Dry cleaning pick up stores with limited on-site cleaning equipment

•

Laundromats (self-service laundries)

•

Locksmiths

•

Nail salon

•

Shoe repair shops

•

Tailors and seamstresses

"Personal Services, Restricted" [means] personal services with characteristics that have the potential to adversely impact surrounding areas and which may need to be dispersed to minimize their adverse impacts. Examples of these uses include:

•

Check cashing

Fortune-telling and psychic services

•

Game arcades

•

Internet cafés

•

Massage establishments with licensed massage technicians

•

Palm and card readers

•

Tanning salons

•

Tattoo and body piercing services

"Personal Storage (Mini-Storage or Self-Storage, Indoor Only)" means a structure containing separate storage space that is designed to be leased or rented individually. Indoor storage shall mean that access to all storage spaces shall be from common interior corridors, and the facility has only shared loading areas. This use does not include outdoor storage of any kind. Further, such storage does not involve any manufacturing, retail or wholesale selling, office or business services, or human habitation in any storage space or anywhere on site.

"Pharmacy, Medical Supplies" means an establishment that dispenses prescription drugs and sells medical equipment and supplies for home health care (e.g., scales, walking aids, bathroom safety aids; skin and personal care products; braces, supports, and splints; bandages and tape; etc.).

"Places of Assembly:" See "Assembly/Meeting Facilities, Public or Private."

"Places of Religious Assembly" means any facility specifically designed and used to accommodate the gathering of persons for the purposes of fellowship, worship, or similar conduct of religious practices and activities. Places of Religious Assembly includes limited associated accessory uses (i.e., religious school activities that are not full-time, residence for clergy, and office space, and excluding schools with regular daily sessions.) Also includes functionally related internal facilities (i.e., kitchens, multi-purpose rooms, storage, etc.), and functionally associated accessory uses (e.g. temporary aid shelters to provide humanitarian assistance).

"Planning Commission or Commission" means the Planning Commission of the city of Rosemead.

"Pool and Billiard Hall" means an establishment providing access to pool tables and billiard games.

"Porte-Cochere" means a canopy attached to a residence, which is open on all sides, except where attached to a residence and which extends over a driveway used for the loading and unloading of vehicles, but which cannot be used to satisfy the off-street parking requirements of this Title.

"Principal Use:" See "Use."

"Postal Services" means establishments that provide commercial retail postal services directly to the customer, including letter and parcel mailing, post office box rental, and related services.

"Printing and Duplicating Services" means an establishment providing printing, blueprinting, photocopying, engraving, binding, and related services.

"Public Assembly, Place(s) of" see "Assembly/Meeting Facilities, Public or Private."

"Public Facility" means a site or structure owned and operated by the city of Rosemead, or other public agency, for the purpose of providing one or more services to residents of the City, and/or to support other City functions.

"Queuing Space" means a temporary waiting area for motor vehicles or persons obtaining a service or other activity.

"Radio/TV Broadcast Studios/Recording Studios, Film TV Studios" Commercial and public communications facilities including radio and television broadcasting and receiving stations and studios, with facilities contained entirely within structures. Does not include transmission and receiving apparatuses including antennas and towers.

"Reasonable Accommodation Request" means a request that may include a modification or exception to the rules, standards, and practices for the site, development, and use of housing-related facilities that would eliminate regulatory barriers and would provide a person with a disability an equal opportunity to housing of their choice.

"Recharging Station" means a place that supplies electricity for the recharging of electric vehicles (including plug-in hybrids).

"Recreational Vehicle (RV)" means motorhome, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, with a living area less than four hundred (400) square feet, excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, bath and toilet rooms.

"Recycling Facility" means a land use type that includes a variety of facilities involved with the collection of recyclable materials. A "certified" recycling or processing facility is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986 (Public Resources Code, Division 12.1). Recyclable material includes reusable

domestic containers and other material that can be reconstituted, remanufactured, or reused in an altered form including glass, metals, paper, and plastic. Recyclable material does not include refuse or hazardous materials. This land use does not include storage containers located on a residentially, commercially, or industrially designated site that is used solely for the recycling of material generated on the site.

"Collection Facility (Small)" means a facility that occupies an area of three hundred fifty (350) square feet or less where the public may donate, redeem, or sell recyclable materials and may include:

1. A mobile unit;

2. Bulk reverse vending machines or a grouping of reverse vending machines occupying more than fifty (50) square feet. A bulk reverse vending machine is a reverse vending machine that is larger than fifty (50) square feet, is designed to accept more than one container at a time, and issues a cash refund or redeemable credit slip based on total weight instead of by container count.

3. Kiosk-type units that may include permanent structures.

"Collection Facility (Large)" means a facility that occupies an area of more than three hundred fifty (350) square feet and/or includes permanent structures where the public may donate, redeem, or sell recyclable materials.

"Reverse Vending Machine" means an automated mechanical device which accepts at least one or more types of empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value, as determined by State law. These vending machines may accept aluminum cans, glass and plastic bottles, and other containers. The vending machines typically occupy an area of less than fifty (50) square feet.

"Processing Facility" means a structure or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an enduser's specifications, by such means as bailing, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Processing facilities are not allowed in the city of Rosemead.

"Research and Development" means facilities for scientific research and design, development, and testing of biological, chemical, electrical, pharmaceutical, telecommunications, or other components in advance of product manufacturing. Typical uses include experimental laboratories, pharmaceutical laboratories, and testing laboratories.

"Residence" means the same as "Dwelling."

"Residential Care Facility" means a family home, group care facility, residential care facility for the elderly, foster home, alcohol and/or drug recovery facility, intermediate care facility or similar facility, for 24-hour non-medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. In the event the provisions of state law are updated, this section shall be interpreted and applied in conformity with State law.

"Residential Use" means the occupation of a structure that provides permanent housing for one or more households.

"Restaurant:" See "Eating and Drinking Establishments."

"Retail Store" means an establishment which offers goods (such as books, gifts and clothing) to the general public. This does not include swap meet, pawn shop, or thrift sales.

"School, Public and Private:" See "Education Institute."

"School, Business or Trade" means a public or private school offering instruction in the technical, commercial, and/or trade skills such as real estate, business and secretarial, electronics, automotive and air craft, medical and dental, and similar commercial establishments.

"Screened" means the use of a wall or growth or stand of trees, shrubs, or plants to shelter, protect, or hide an area from view.

"Secondary Use:" See "Use."

"Secondhand Store" means a retail establishment where the majority of the merchandise for sale is secondhand or used. This includes thrift stores but does not include pawn shops or antique/collectibles shops.

"Sensitive Use:" See "Use."

"Setback" means the distance from which a structure, parking area, or other development feature must be separated from a prescribed lot line, easement, or other structure or development feature (see Figure 17.04.050.4).

"Front Yard Setback" means the minimum distance required between a structure and the front property line (see Figure 17.04.050.4).

"Primary Building Line" means that portion of the front yard area defined by the space between the front property line and the entire building frontage of the primary structure, whether or not all façade portions of the primary structure coincide with the front setback line (see Figure 17.04.050.4).

"Side Yard Setback" means the minimum distance required between a structure and a side property line (see Figure 17.04.050.4).

"Rear Yard Setback" means the minimum distance required between a structure and the rear property line (see Figure 17.04.050.4).

==> picture [408 x 264] intentionally omitted <==

"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.

"Short-Term Rental" means any dwelling unit that is occupied or intended or designed to be occupied on a short-term basis for occupancy duration of thirty (30) calendar days or less.

"Single-family Dwelling:" See "Dwelling, Single-family."

"Single Room Occupancy (SRO)" development is a structure with six or more guest rooms in which thirty (30) percent or more of the units do not have a private bath and toilet within the unit. SRO units are multifamily dwellings that are used as an occupant's primary place of residence. SROs are not considered hotels or motels as defined by the Municipal Code, nor are they considered extended-stay hotel/motel rooms. Therefore, SRO units are not subject to the Transient Occupancy Tax, and SRO operators shall not be liable for the extended-stay hotel/motel room in-lieu fee if they elect to rent out their rooms on a singleroom occupancy basis.

"Specialty Retail (C-4 zone)" means a retail store concentrating on selling one merchandise line of goods for a particular and usually selective clientele. Examples are stores selling DVDs, bagels, leather goods, and imported dishware. Specialty retailers have a narrow but deep selection in their specialty of items for sale.

"Specific Plan" means, under Article 8 of the Government Code (Section 65450 et seq.), a legal tool for a detailed design and implementation of a defined portion of the area covered by a General Plan. A specific plan may include all detailed regulations, conditions, programs, and/or proposed legislation which may be necessary or convenient for the systematic implementation of any General Plan element(s).

"Storage:"

"Storage - Accessory" means the indoor storage of materials accessory and incidental to the primary use is not considered a land use separate from the primary use.

"Storage - Outdoor" means the storage of various materials outside of a structure other than fencing, either as an accessory or primary use.

"Storage - Personal Storage Facility" see "Personal Storage."

"Story" means that portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above it then the space between such floor and the ceiling above it.

"Street" means a public thoroughfare which affords the principal means of access to abutting property.

"Structurally Altered" means to have had an alteration of any structural element, floor, frame, wall, roof, or any other stress bearing portion of a building and excludes alterations to, or additions of, interior nonbearing partitions and interior remodeling which does not affect the structural system.

"Structure" means anything constructed or erected, which requires a fixed location on the ground, or is attached to something having a fixed location on the ground but not including fences or walls used as fences, less than six feet in height. (See Figure 17.04.050.5 - Structure Types)

"Accessory Structure:" See "Accessory Structure."

"Attached Structure" means any structure that has a wall or roof in common with another structure.

"Primary Structure" means a structure that is conducted as the primary or predominant use of the lot and/or building site.

==> picture [204 x 138] intentionally omitted <==

"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, twofamily, or multifamily dwelling units will be permitted, conditionally permitted, or prohibited in the same manner as other single-family, two-family, or multifamily dwelling units under this Code.

reby 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, twofamily, or multifamily dwelling units will be permitted, conditionally permitted, or prohibited in the same manner as other single-family, two-family, or multifamily dwelling units under this Code.

"Swimming Pool" means an artificial body of water containing or normally capable of containing water to a depth of eighteen (18) inches or more at any point which is designed, constructed and used for swimming, dipping, or immersion purposes. This includes, but is not limited to, in-ground, above-ground, and onground 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.

"Telework/Telecommuting" means a flexible work arrangement in which a person performs the normal duties and responsibilities of their positions from home and where the use of computer and telecommunications technology is often used, while not always necessary.

"Tot Lot" means a playground specifically designed for young children.

"Transitional Housing" and "Transitional Housing Development" means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months.

"Tutoring Services (Large)" means one-on-one educational instruction in general or specific academic subjects to children for the purpose of supplementing regular school instruction. Services are intended to be in addition to normal school teachings and shall not be provided as a replacement or substitute for public or private school. A large tutoring service establishment provides services to more than five students at any given time.

"Tutoring Services (Small)" means one-on-one educational instruction in general or specific academic subjects to children for the purpose of supplementing regular school instruction. Services are intended to be in addition to normal school teachings and shall not be provided as a replacement or substitute for public or private school. A small tutoring service establishment provides services to not more than five students at any given time.

"Urgent Care Facility" means a public or private hospital-based or free-standing facility, which includes x- ray and laboratory equipment and a life support system, licensed or legally operating as an urgent care facility, primarily providing minor emergency and episodic medical care with one or more physicians, nurses, and x-ray technicians in attendance at all times when the facility is open.

"Use" means the purpose for which land or a building is designed, arranged, or intended, or for which either is or may be occupied or maintained.

"Accessory Use:" See "Accessory Use."

"Allowed Use, Permitted Use" means a use of land identified by Article 2 (Zoning Districts, Allowable Land Uses, and Zone Specific Standards) as allowed or conditionally allowed that may be established with a permit or license, subject to compliance with all applicable provisions of Article 2.

"Compatible Use" means a use that by its manner of operation is suitable in the district in which it may generally be considered as a primary use or is reasonable given its proximity to residential or other known sensitive uses. Said use of land and/or buildings shall be in harmony with the uses on the property as well as abutting properties.

"Conditional Use" means a use permitted on a particular lot and within a zone only upon a finding that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in the Zoning Code, and requires authorization by either the Planning Commission or City Council, and the granting of a valid permit.

"Conforming Use" means a lawfully established use of property that operates in compliance with all applicable provisions of this Zoning Code.

"Primary Use" means the principal or predominant use of any lot, building, or structure.

"Secondary Use" means any use that is specifically allowed in the zone in which it is located but is subordinate to the primary use in terms of occupied structure area or lot area.

"Sensitive Use" means any kindergarten, elementary school, middle school, high school, public library, public park, religious institution, or youth-oriented establishment characterized by either or both of the following:

(1)

The establishment advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors; or

(2)

The individuals who regularly patronize, congregate, or assemble at the establishment are predominantly minors.

"Temporary Use" means a use of land that is designed, operated, and occupies a site for a limited period of time.

"Usable Open Space:" See "Open Space."

"Utilities" means all lines and facilities owned and/or operated by a licensed provider and related to the provision, distribution, collection, transmission, or disposal of water, storm drainage, sanitary sewage, oil, gas, electricity, information, telecommunications, telephone cable, and similar services. This includes facilities for the generation of electricity. This does not include "Wireless Telecommunications Facilities."

"Vending Machine" [means] any unattended self-service device that, upon insertion of a coin, coins, or token, dispenses anything of value including food, water, beverages, goods, wares, merchandise or services. This does not include newspaper racks, automatic teller machines (ATMs), or public telephones.

"Veterinary Services (Animal Hospital/Clinic)" means an establishment where household animals receive medical and surgical treatment and may be temporarily boarded (more than one night stay) in association with such medical or surgical treatment. Short-term animal boarding may be provided as an accessory use.

"Wall" means a physical barrier constructed largely of masonry, brick, concrete, stucco, concrete block, or any combination thereof and intended to mark a boundary.

"Warehouse Retail Store" means a store that emphasizes the packaging and sale of products in large quantities or volumes, some at discounted prices. Sites and buildings are usually large in character. Patrons may be required to pay membership fees.

"Warehousing" means the storage of material goods including the performance of administrative and physical functions associated with storage of goods and materials. These functions include receipt, identification, inspection, verification, putting away, storage, retrieval for issue, etc.

"Wholesaling" means the sale of commercial goods at or near production cost.

"Wireless Communications Facilities (WCF):" See Article 3, Chapter 17.54.

"Yard" means an open space on a lot, other than a court, unoccupied or unobstructed from the ground upward.

"Yard Area" means the horizontal area between a property line and a parallel line along the nearest structure located outside of the required setback area.

"Yard Area, Required" means the open space between a lot line and the building area within which no structure is permitted to be located.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 978, § 5(Exh. A), 2-27-18; Ord. No. 979, § 3(Exh. A) 6-12-18; Ord. No. 980, §§ 2.A, 2.B., 7-10-18; Ord. No. 995, § 3, 9-8-20; Ord. No. 998, § 2, 4-27-21; Ord. No. 1000, § 2, 9-28-21; Ord. 1005, § 3, 1-25-22)

Article 2. - ZONING DISTRICTS, ALLOWABLE LAND USES AND ZONE-SPECIFIC STANDARDS Chapter 17.08 - ESTABLISHMENT OF DISTRICTS AND GENERAL REQUIREMENTS

Rosemead shall be divided into zoning districts that implement the General Plan. These districts shall also classify, regulate, restrict and segregate the uses of land and buildings. The Garvey Avenue Specific Plan establishes its own land use zoning districts described in Chapter 17.21 of this Title. The zoning districts described in Table 17.08.010.1 are hereby established, and shall be shown on the official Zoning Map adopted.

Table 17.08.010.1 ZONING DISTRICTS

Residential Zoning Districts

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 978, § 5(Exh. A), 2-27-18)

17.08.020 - Official zoning map.

The official Rosemead Zoning Map has been adopted separately by the City Council and is on file in the office of the City Clerk. The Zoning Map is made a part of this Title by reference, and all notations, references and other information shown thereon shall be as much a part of this Title as if such notations,

references and information were fully set forth herein. All properties included in such zoning map are classified and zoned in accordance with the zoning designation shown on the Zoning Map.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Where uncertainty exists as to the boundaries of any zone shown on the zoning map, the following provisions shall apply:

A.

Where such boundaries are indicated as approximately following street and alley lines or lot lines, such lines shall be construed to be such boundaries.

B.

In un-subdivided property or where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by the use of the scale appearing on the map.

C.

Where any public street or alley, or any portion thereof, is officially vacated or abandoned, the regulations applicable to abutting property shall apply to the centerline of such vacated or abandoned street or alley.

D.

Where any private right-of-way or easement of any railroad, railway, canal, channel, transportation or public utility company, or any portion thereof, is vacated or abandoned, the regulations applicable to abutting property shall apply to such vacated or abandoned property.

E.

All property in the City not otherwise zoned, and all property hereafter annexed and not zoned upon annexation, is classified as R-1 until such time as the City Council re-classifies the property consistent with the General Plan land use designation for the property. In case any uncertainty exists, the Community Development Director shall determine the location of boundaries pursuant to Section 17.08.030.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

Petition for Pre-zoning. Upon the initiation of proceedings for the annexation of property to the City, the owner or owners may request the City to concurrently adopt the proposed zoning designation or designations for the property or properties involved in such annexation, in the event the property is annexed to the City. The City Council may also initiate proceedings for pre-zoning properties that may be annexed into the City.

B.

Pre-zoning Optional. The proceedings for establishing the zoning of property pending proceedings for annexation of such property to the City, are optional, and are not to be construed as a condition precedent to the completion of any annexation proceeding.

C.

Adoption of Zoning. Procedures for application, notice and hearings for pre-zonings shall be in accordance with Chapter 17.152, General Plan, Zoning Map and Zoning Code Amendments. The City Council shall classify property to be annexed for zoning purposes in accordance with the General Plan, and in accordance with its determination, to be effective upon the date of annexation of the property to the City.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

Conflicting Regulations. Where any provision of this Title imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other requirements, law or ordinance, or by private covenants, then the provisions of this Title shall control in the event of any conflict between such specific provision or regulation and a general provision. Regardless of the preceding, the Garvey Avenue Specific Plan shall take precedence over the Municipal Code when this Title conflicts with the Specific Plan.

B.

Additional Permitted Uses. Uses of land not listed as permitted in Sections 17.12.020, 17.16.020, 17.20.020, 17.24.020, and 17.28.020 shall not be permitted unless any such unlisted use is determined to be permitted by the Community Development Director in accordance with Section 17.04.040.

C.

Regulations Applicable to all Zones. The general regulations provided in this Section shall apply to all land and development subject to this Title. In the event of a conflict between these general regulations and the regulations provided with respect to a specific zone, the latter shall prevail.

1.

Uses Permitted. No building shall be erected, and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building or premises be used, designed or intended to be used for any purpose or in any manner other than a use listed in this Title, or amendments thereto, as permitted in the respective zone in which such land, building or premises is located.

2.

Building Height. Where a building height is given, this shall be the maximum building height, except as specifically authorized in Article 2, Chapter 17.12 (Residential Zoning Districts), Chapter 17.16 (Commercial

Zoning Districts), Chapter 17.20 (Commercial and Industrial Zoning Districts), Chapter 17.24 (Special Purpose Zoning Districts), and Chapter 17.28 (Overlay Zones). Except as hereinafter provided, no building shall be erected nor any existing building be moved, reconstructed or structurally altered to exceed in height the limit established by this Title, or amendments thereto, for the zone in which such building is located.

No penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment; towers, roof signs, or other similar structures shall exceed the height limit provided in this Title, except as may otherwise be permitted. Radio and television masts, and steeples may extend not more than thirty (30) feet above the height limit provided in this Title, provided that in the opinion of the Building Official the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances. Ground-mounted flagpoles shall be allowed in residential zones to a maximum height of twenty-eight (28) feet and in nonresidential zones to a maximum height of thirty-five (35) feet.

3.

Yards. Where a yard distance is given this shall be a minimum distance, except as here after provided:

a.

No building shall be erected nor shall any existing building be removed, altered, enlarged or rebuilt, nor shall any open spaces surrounding any building be encroached upon or reduced in any manner except in conformity with the yard regulations established by this Title, or amendments thereto, for the zone in which such building is located.

b.

No yard or other open space provided about any building for the purpose of complying with the regulations of this Title or amendments thereto, shall be considered as providing a yard or open space for any other building or structure.

c.

The front yard shall be measured from the front property line except that where there is an official plan line or a future street line, the front yard shall be measured from the official plan line or future street line.

d.

All required yards shall be established by minimum building setbacks as specified in the development standards tables for each of the zone districts.

1)

Setbacks shall be the measurement between a property line or right-of-way line to the building line of any structure.

The building line of a structure shall be along the foundation or columns that support the structure's outside elevation. The outside wall of a cantilevered story above the first floor shall be considered the building line for the purpose of establishing the required setback.

4.

Lot Area and Dimension Requirements.

a.

Where a minimum lot area is given this shall be the minimum lot area. However, when any lot(s) has been legally created and is subsequently zoned to a minimum parcel size larger than the existing parcel size, said lot(s) shall be found to be legally nonconforming and shall not be subject to requirements for variance to minimum lot size for the development of uses that are permitted by right.

b.

Lot Width. Where a lot width is given this shall be a minimum distance. However, when any lot(s) has been legally created and is subsequently zoned to a minimum lot width larger than the existing lot width, said lot(s) shall be found to be legally nonconforming and shall not be subject to requirements for variance to minimum lot width for the development of uses that are permitted by right.

c.

Uses that have specific lot area or dimension requirements. A nonconforming lot due to lot width or lot area may be occupied by any use permitted in the zone in which it is located except for those uses which require a width, area, or other lot dimension other than the minimum specified in the area requirements of the zone.

D.

Building Under Construction. Any building or structure for which a building permit has been issued prior to the effective date of this Title may be completed and used in accordance with the plans, specifications and permits on which the building permit was granted, as long as the construction is commenced within sixty (60) days after the issuance of the permit and diligently pursued to completion.

E.

Public Street Access for Dwellings. Unless otherwise provided for in this Title, every dwelling shall have access to a public street or other permanent means of access to a public street by way of direct lot frontage or a public or private easement or passageway other than an alley.

F.

Through Lots. On through lots, both lines separating such lot from a public street shall be designated as front lot lines.

G.

Utilities. The provisions of this Title shall have no application to utility facilities subject to the jurisdiction of and regulation by the State of California Public Utilities Commission.

H.

Street Dedication and Improvement. No building or structure shall be erected or enlarged, and no building permit shall be issued therefore, on any lot in any zone or in any planned development in any P-D zone of which lot is a part, other than R-1, R-2 or R-3 zone, if such lot abuts a Major arterial or Minor arterial, unless one-half of the street which is located on the same side of the street as such lot has been dedicated for the full width of the lot, subject to the following provisions:

1.

Major and Minor arterials to which these provisions apply are those shown on the Circulation Plan for Major Rosemead Roadways in the Circulation Element of the General Plan.

2.

The maximum area of land to be so dedicated shall be proportional to the impacts caused by the proposed development, and shall not exceed twenty-five (25) percent of any such lot.

3.

Dedication and improvements shall be for the full frontage of the lot on a Major or Minor arterial, and shall meet the standards for Major and Minor Arterial streets as approved by the City Council and on file in the office of the City Engineer.

4.

Any person required to dedicate and make improvements by the provisions of this Section shall execute and deposit with the City Manager an instrument of conveyance executed by all parties of interest as shown by a preliminary title report prepared by a title company, and in such form as approved by the City Attorney, and with respect to improvements shall either make and complete such improvements to the satisfaction of the City Engineer or file with the City Manager a bond in such amount as the City Engineer shall estimate to be necessary to complete the improvements required.

5.

Whenever any uncertainty may exist as to the application of the provisions of this Section in the matter of street alignments, area of dedication, or improvement specifications, the City Engineer shall determine their application in conformity with the adopted Circulation Plan for Major Rosemead Roadways.

6.

A property owner required to dedicate land under the provisions of this Section may appeal any such requirement to the City Council.

I.

Variable Height. In addition to the height requirements set forth in each zone, the following development standards shall apply. When the requirements of this Section conflict with sections of this Municipal Code, the most restrictive shall apply:

1.

All commercial, industrial, nonresidential planned development zones, and residential commercial mixeduse zones shall have a variable height limitation established when abutting R-1 and R-2 zones, described as follows and shown in Figure 17.08.050.1 Commercial Rear Yard Setback Adjacent to Residential Zones and Figure 17.08.050.2 Commercial Side Yard Setback Adjacent to Residential Zones:

a.

P-O, C-1, C-3, C-4, CBD, CI-MU, M-1, P-D, P, and RC-MUDO Zones Rear Yard Limitations. Establishing a height at fifteen (15) feet above the finished grade of adjacent residential property line and located twentyfive (25) feet from the rear property line, a sixty (60) degree incline plane is projected that establishes the height limitation.

==> picture [402 x 385] intentionally omitted <==

b.

P-O, C-1, C-3, C-4, CBD, CI-MU, M-1, P-D, P, and RC-MUDO Zones Side Yard Limitations. Establishing a height at fifteen (15) feet above the finished grade of adjacent residential property line and located ten (10) feet from the side property line, a sixty (60) degree incline plane is projected that establishes the height limitation.

==> picture [380 x 385] intentionally omitted <==

When P-O, C-1, C-3, C-4, CBD, CI-MU, M-1, P-D, P, and RC-MUDO zone street frontage is opposite R-1 or R-2 zones, the inclined plane set forth in subsection (a)(1) of this section shall be used, commencing at a height of thirty-five (35) feet and located twenty (20) feet from the front property line facing the residential zone.

==> picture [385 x 384] intentionally omitted <==

3.

In all zones, accessory buildings and structures, when abutting R-1 and R-2 zones shall not exceed a height of nine feet above the adjacent residential finished grade, and when abutting R-3 development, the height shall not exceed fifteen (15) feet provided a five-foot setback is maintained.

J.

Trash Enclosures. Enclosed solid waste collection areas shall be conveniently located and shall be an integral part of the architectural development of properties with three or more residential units and all properties with nonresidential development. See Article 3, Chapter 17.32 (Accessory Structures) for the development standards of trash enclosures.

K.

Security Bars. Metal security bars, gates, grilles, or wire mesh shall not be used on the exterior of any window that is visible from any street or other public space.

L.

Visible Street Address. The street address of a development shall be clearly visible from the street to which the building is addressed.

M.

Transit Measures. New multifamily developments in the R-3 zone and all commercial, industrial, mixed use and overlay zones shall incorporate both local and regional transit measures into project design that promotes the use of alternative modes of transportation and/or construct, contribute or dedicate land for the provision of on-site bicycle trails linking the facility to designated bicycle commuting routes, in accordance with the trip reduction regulations in Chapter 12.32 of the Municipal Code.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 978, § 5(Exh. A), 2-27-18)

17.08.060 - Hierarchy of zoning district restrictiveness.

The following base zone districts are listed in the order of most restrictive permitted uses to least restrictive permitted uses:

P: Automobile Parking Zone

O-S: Open Space Zone

R-1: Single-Family Residential

R-2: Light Multiple Residential Zone

R-3: Medium Multiple Residential Zone

P-O: Professional Office Zone

C-1: Neighborhood Commercial Zone

C-4: Regional Commercial Zone

CBD: Central Business District Zone

C-3: Medium Commercial Zone

CI-MU: Commercial/Industrial Mixed-Use Zone

M-1: Light Manufacturing and Industrial Zone

P-D: Planned Development Zone

Overlay designations and the Garvey Avenue Specific Plan are not included in the order of restrictiveness.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 978, § 5(Exh. A), 2-27-18)

Chapter 17.12 - RESIDENTIAL ZONING DISTRICTS

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 singlefamily 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 singlefamily 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, small lot subdivisions, and condominiums. The standards of the R-3 district are intended to ensure that new development is compatible with the character of existing neighborhoods while allowing for a mix of housing types, consistent with the General Plan High Density Residential land use designation.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 998, § 3, 4-27-21)

17.12.020 - Residential district land uses and permit requirements.

Table 17.12.020.1, Uses in Residential Districts, identifies the uses of land allowed in each residential zoning district, and the land use permit required, if any, to establish each use. Where the last column in the tables (Specific Use Regulations) includes a section reference number, the regulations in the referenced section apply to the use in addition to those shown in the table.

Table 17.12.020.1: USES IN RESIDENTIAL DISTRICTS

Notes:

P Permitted Use A Permitted Accessory Use AUP Administrative Use Permit Required CUP Conditional Use Permit Required — Use Not Allowed DR Discretionary Design

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 979, § 3(Exh. A), 6-12-18; Ord. No. 980, § 3, 7-10-18; Ord. No. 998, § 4, 4-27-21; Ord. 1005, § 5, 1-25-22)

---

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

2.

Applicability of Conventional Development Standards. All development standards applicable to the zone designation of the lot shall apply without regard to whether the proposed dwelling is conventional or manufactured housing.

B.

District Specific Requirements. In addition to the general development requirements listed in Table 17.12.030.1, Residential District Development Standards, the following development standards apply to specific residential districts as shown:

1.

R-1 and R-2 Zoning Districts.

a.

Lot Coverage and Impervious Surfaces/Landscaping. A minimum of twenty (20) percent of the entire parcel shall be fully landscaped with plant materials. Pedestrian walkways, vehicular access ways and other impervious surfaces shall not collectively occupy more than fifty (50) percent of the front and side yard areas that are visible from a public right-of-way. Addition of impervious surfaces in these areas shall require a site plan subject to approval of the Community Development Director. All other portions of these areas shall be landscaped with lawn, trees, shrubs, plants and other landscape materials in compliance with any drought tolerance requirements in effect.

b.

Floor Area Maximum and Minimum.

1)

Residential dwelling units in the R-1 zone shall have a minimum ground floor area, exclusive of open porches or garages, of one thousand (1,000) square feet and residential dwelling units in the R-2 zone shall

have a minimum ground floor area, exclusive of open porches or garages, of seven hundred fifty (750) square feet.

2)

Total floor area of the second floor, including areas designated as covered or uncovered balconies, shall not exceed seventy-five (75) percent of the floor area of the first floor. For this calculation, floor area of the first floor shall only include first floor living area, and any floor area designated as garage floor area if the garage is attached.

c.

Front Driveway. Vehicle access ways (driveways) serving front facing garages shall be set back at least three feet from any side property line. The maximum width of the access way shall not exceed twenty-five (25) feet for a two-car garage or thirty-five (35) feet for a three-car garage.

d.

Walkways. Pedestrian walkways on private property shall not exceed five feet in width when located in front or side yard areas.

e.

Merged Lots. When two or more lots are merged, the allowed lot Floor Area Ratio (FAR) shall be no larger than one hundred fifty (150) percent of the FAR allowance that would occur for the largest single lot.

f.

Landscaping. Landscaped areas shall be permanently maintained in a neat and orderly manner and shall comply with the following:

1)

Landscaping shall not be permitted to limit or restrict the line of sight on any public right-of-way.

2)

A minimum of one tree shall be planted in new or remodeled residential front yards for every fifty (50) feet of street frontage.

g.

Yard Encroachments. Required yard areas shall be kept open and unobstructed, except as follows:

1)

Cornices, canopies, eaves, patios, fireplaces or other similar architectural features and exterior pad mounted heating, ventilation and air conditioning equipment may extend into required front, side or rear yards or required separations between buildings not to exceed two feet.

Open, unenclosed, uncovered porches, platforms or landing places which do not extend above the level of the first floor of the building, may extend into any front, side or rear yard not more than six feet.

3)

Detached accessory buildings may occupy side and rear yards as provided in Article 3, Section 17.32.030.

4)

Detached garages, and patios may occupy not more than fifty (50) percent of a required rear yard. Swimming pools may occupy rear yards, but not required front or side yards, except that no swimming pool may be located less than five feet from a property line. Attached accessory structures, shall comply with residential front, side, and rear yard setback requirements.

5)

Storage in Yards. No portion of any side yard on the street side of a corner lot, or any portion of the rear yard on the street side of a corner lot unless it is screened with a solid block wall meeting the fence height requirements in Article 4, Chapter 17.68, or any portion of the front yard on any lot in a residential area shall be used for the permanent storage of motor vehicles, recreational, airplanes, boats, parts of any of the foregoing, rubbish, garbage, junk, tents, clotheslines, garage or trash receptacles, or building materials (except building materials used on the premises stored thereon during the time a valid permit is in effect for construction on the premises). "Permanent storage" as used in this subsection, means the presence for a period of forty-eight (48) or more consecutive hours in the front or side yard.

h.

R-1 and R-2 Development Design Standards.

1)

At least forty (40) percent of the street-facing wall of the second floor shall be set back a minimum of ten (10) feet from the street-facing wall of the first floor.

2)

Reflective building materials are prohibited.

3)

Exterior paint colors shall not exceed a light reflective value greater than forty (40) percent.

4)

Mechanical elements (roof-top and ground-level) must be screened from view.

5)

Residential front yard walls and fences may not exceed four feet in height (including fencing, hedges, or other material).

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.

14)

Bay windows shall not exceed the height of one story or encroach into a required side yard.

15)

Any second floor exterior side wall that exceeds a length of twenty-four (24) feet shall require an offset of two feet for a distance of not less than eight feet.

16)

Existing residential development proposed to remain on a lot, where new residential development is proposed, shall be renovated to match or complement the new construction in colors, materials and architectural style. All onsite conditions, such as landscaping and fencing, shall also be improved.

i.

Additional Site Plan and Design Review Requirements. In addition to general city of Rosemead Planning Division review and approval requirements for residential projects, the following items are also subject to ministerial review and approval:

1)

A site plan and design review application shall be required to install hardscape directly adjacent to a new or remodeled residential driveway.

2)

A fence permit shall be required to install new fencing or replacement fencing in any residential front yard.

3)

A site plan and design review application shall be required to install a portable shade structure in the rear yard.

4)

A site plan and design review application shall be required for any accessory building greater than one hundred twenty (120) square feet in floor area, whether the total area is in one building or cumulatively in multiple buildings, including storage structures and workshops, but not including required garages.

j.

Discretionary Site Plan and Design Review. The following shall be subject to a discretionary Site Plan and Design review application, pursuant to the procedures in Chapter 17.120 (Applications and Processing) and Chapter 17.136 (Site Plan and Design Review) of this Title:

1)

Any new dwelling unit to be constructed that equals or exceeds two thousand five hundred (2,500) square feet of developed living area.

2)

Any addition to a dwelling unit in which the total floor area with the addition equals or exceeds two thousand five hundred (2,500) square feet of developed living area.

3)

Any fill that would raise the building pad or front yard elevation by more than twenty-four (24) inches above the natural grade.

k.

Residential Design Incentives. An additional five percent of bonus floor area may be obtained through the use of design incentives that are listed in Table 17.12.030.2.

Table 17.12.030.2: RESIDENTIAL BONUS FLOOR AREA DESIGN INCENTIVES

R-3 Zoning District.

a.

Single-Family and Two-Family Development on R-3 Lots. If an R-3 lot is improved with two or fewer dwelling units, such residential development (excluding Small Lot Subdivision projects) shall comply with all R-2 Residential District Development Standards and R-2 District Specific Requirements outlined in Table 17.12.030.1 and Section 17.12.030.B.1., with the exception of the density requirement. One-family and two-family development on an R-3 lot shall comply with the density requirement of the R-3 zone.

b.

Maximum Heights. No building or structure shall exceed a height of thirty-five (35) feet or three stories. Building or structure height means the vertical distance from grade, as defined in this Section, to the highest point of the parapet or coping of a flat roof, or to a deck line of a mansard roof, or to the highest ridge of a pitched or hip roof. The first floor "finished floor" elevations at building entry points shall be a maximum of two feet above the finished grade adjacent to the entry point.

c.

Landscaping. All usable open space (i.e., pedestrian walkways, separations between buildings, yard areas, and common recreation areas) shall be landscaped and provided with permanent, moisture sensing devices and automatic underground irrigations systems, developed in accordance with an approved landscape plan and maintenance plan. Landscape design shall be subject to the following:

1)

A landscape and irrigation plan, prepared by a professional landscape architect, shall be submitted to the Community Development Department along with the application for a site plan and design review.

2)

Except as provided in RMC Chapter 13.08, Water Efficient Landscapes, all plants and shrubs shall be living evergreen vines, shrubs, or ground cover, mowable grass, or a combination thereof. All trees shall be living, a minimum of fifty (50) percent which shall be an evergreen type. The following minimum sizes shall apply:

• Trees, fifteen (15) gallons;

• Shrubs, five gallons; and

• Ground cover and vines from pots or rooted cuttings from flats spaced twelve (12) inches on center.

3)

All landscape designs must incorporate energy and water conservation measures.

4)

The developer and subsequent owners shall be responsible for maintaining the landscaping as shown on the approved plan. Maintenance shall include regular irrigation, weeding, fertilizing, and pruning of dead materials.

Landscaping shall not be permitted to limit or restrict the line of sight on any public right-of-way.

d.

Driveway Requirements. Minimum driveway design standards shall be as follows:

1)

Two-way drives shall be twenty-six (26) feet in unobstructed width and thirteen (13) feet, six inches in unobstructed vertical clearance. The vertical clearance shall not be applicable to subterranean parking.

2)

Building projections such as balconies may project no more than three feet into the driveway width for a minimum horizontal clearance of twenty (20) feet.

3)

All driveways shall comply with County of Los Angeles Fire Department Access Standards.

4)

All points of vehicular access to public rights-of-way shall be subject to approval by the City's Public Works Department.

e.

Usable Open Space. A minimum of two hundred (200) square feet of usable open space shall be provided for each dwelling unit. "Usable open space" means space designed for outdoor living, recreation, or landscaping, and may be located on the ground, or on an unenclosed balcony, deck or porch, including patios and deck areas of swimming pools. No areas utilized for vehicular driveways, parking, covered pedestrian access between structures or dwelling units shall constitute usable open space.

f.

Floor Area Requirements. Each apartment or dwelling unit shall have a minimum floor area, excluding garages, as follows:

Table 17.12.030.3: R-3 FLOOR AREA REQUIREMENTS

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, small lot subdivision development, or multifamily dwelling in the R-3 zone, the developer shall submit for a site plan and design review application in conformance with Article 5, Chapter 17.120 (Applications and Processing) and Chapter 17.136 (Site Plan and Design Review).

g.

Small Lot Subdivision. The purpose of the small lot subdivision regulations is to provide supplemental development standards to allow for alternative housing typologies in small lot subdivisions within the R-3 multiple-family residential zone. A small lot subdivision shall be permitted in the R-3 zoning district pursuant to an approved tract or parcel map. A subdivision for small lots enables the construction of new small lot homes and provides a space-efficient and economical alternative to traditional single dwelling unit

and multiple dwelling unit developments. The following supplemental regulations shall apply to small lot subdivisions:

1)

A Tract Map or Parcel Map, pursuant to Chapter 16 (Subdivisions) shall be required for the creation of a small lot subdivision.

2)

Access and Maintenance. An agreement for access and maintenance for all facilities used in common shall be submitted as part of the subdivision map for approval and recordation.

a)

All areas of small lot subdivision with five or more parcels subject to a reciprocal access and/or maintenance easement shall be maintained by an association that may be incorporated or unincorporated.

b)

Small lot subdivisions with four or less parcels subject to a reciprocal access and/or maintenance easement may execute a maintenance agreement in lieu of requiring an association.

c)

A maintenance agreement shall be formed, composed of and executed by all property owners, to maintain all common areas and appurtenances such as trees, landscaping, water treatment facilities, trash, parking, driveways, drive aisles, walkways, private water lines, meters, etc. Each owner and future property owners shall automatically become members of the agreement and shall be subject to a proportionate share of the maintenance and related costs. The maintenance agreement shall be recorded as a covenant and agreement to run with the land. The subdivider shall submit a copy of this agreement, once recorded, to the planning division for placement in the subdivision file.

3)

Parcels of land may be subdivided for small lot development provided that the density of the subdivision complies with the minimum lot area per dwelling unit requirement established for the underlying zoning district.

4)

Each unit in a small lot subdivision shall be constructed on an individual parcel with no common foundation, walls, or footings.

5)

No asphalt shall be permitted for paved areas. Driveways, drive aisles, and unenclosed parking areas shall consist of concrete, pavers, or other materials as deeded appropriate by the approving body.

Access to a small lot within the small lot subdivision, and to its required parking spaces, shall be provided by way of a public or private street, or an access easement.

7)

For small lot subdivision projects, no demolition, grading, building permit, or certificate of occupancy shall be issued unless a site plan and design review application is approved pursuant to Section 17.136 of this Code and such said site plan and design review is filed and processed concurrently with a tract or parcel map.

8)

Trash Enclosures. All small lot subdivision developments comprised of four or more lots/units shall provide trash collection area adequately and conveniently placed throughout the development Trash collection areas shall be screened from view on three sides by a six-foot high wall. A visually opaque gate shall be provided.

9)

Roof mounted equipment is prohibited unless adequately screened from public rights-of-way and adjacent properties.

10)

The below development standards (Table 17.12.030.4) shall apply to small lot subdivision developments:

Table 17.12.030.4: SMALL LOT SUBDIVISION DEVELOPMENT STANDARDS

*Overall Development Area means the gross area within the perimeter boundaries of the development.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 998, § 5, 4-27-21)

Chapter 17.16 - COMMERCIAL ZONING DISTRICTS

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 welldesigned 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.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Table 17.16.020.1, Uses in Commercial Districts, identifies the uses of land allowed in each commercial zoning district, and the land use permit required, if any, to establish each use. Where the last column in the tables (Specific Use Regulations) includes a section reference number, the regulations in the referenced section apply to the use in addition to those shown in the table.

Table 17.16.020.1: USES IN COMMERCIAL DISTRICTS

and 17.16.030.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

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 three thousand (3,000) gross square feet or more, or the addition of three thousand (3,000) square feet, or an addition that exceeds fifty (50) percent of the existing floor area shall require a discretionary review.

b.

Notwithstanding the provisions of Chapter 17.28 (Overlay Zones), any proposal to construct less than three thousand (3,000) square feet of new construction shall be subject to City staff-level review coordinated by the Community Development Department.

2.

See Section 17.16.030.C for development review application requirements in the C-4 zone.

(Ord. No. 931, § 5(Exh. A), 10-22-13; 957, § 3, 11-24-15)

A.

General Requirements.

1.

Development Standards Table. New land uses and structures and alterations to existing land uses and structures in the P-O, C-1, C-3, C-4, and CBD zones shall conform to the requirements in Table 17.16.030.1, Commercial District Development Standards, as well as specific district standards listed below.

Table 17.16.030.1: COMMERCIAL DISTRICT DEVELOPMENT STANDARDS

2.

Restrictions of the Division of Space. All planned division of office, retail, or other space within a building shall be shown on building plans. No further division of space for individual lease or use purposes beyond that shown on approved plans shall be permitted without the approval of the Community Development Director. Each lease space shall contain no less than eight hundred (800) square feet of gross floor area.

3.

Exceptions to Height Limit. Through the application of a discretionary Site Plan and Design Review application in accordance with the provisions in Article 5, Chapter 17.136, the Planning Commission may

allow the numerical height requirement, indicated as maximum feet in this section, to exceed the maximum by no more than five feet upon recommendation from the Community Development Director if it is determined that the additional height would provide unique architectural elements that would enhance the project overall.

4.

Encroachments.

a.

No part of the structure, permanent attachment or other similar architectural feature may extend into:

1)

Any required front, side, or rear yard or minimum distance between buildings for more than two feet.

2)

The public right-of-way without approval of an encroachment permit.

b.

Hedges or any other shrubs or landscaping shall not encroach onto a curb or sidewalk or over a lot line.

5.

Awnings.

a.

Awnings may encroach into the public right-of-way by extending over the sidewalk or parkway with review and approval from the City Engineer and Building Official.

b.

Awnings, arcades, and galleries may encroach into the sidewalk within two feet of the curb but must clear the sidewalk vertically by at least eight feet.

c.

Projections beyond the front or exterior side lot line of a corner lot shall require the review and approval of the City Engineer and the Building Official.

6.

Landscape and Irrigation Plans.

a.

Landscape and irrigation plans for any development within a commercial zone, including the type and location of plant materials to be used, shall be submitted to the Planning Division for review and approval by the Community Development Director.

b.

A total of six percent of the gross lot area shall be landscaped. The landscape plan shall be designed and installed such that much of the landscaping is visible from the public street or thoroughfare. Additional site landscaping maybe required for conditionally permitted uses or developments that require the approval of a discretionary Site Plan and Design Review application.

c.

An automatic irrigation system installed below ground except for sprinkler heads shall be permanently maintained in all landscaped areas.

d.

All landscaping shall be maintained in a neat and healthy condition.

e.

Parking lot landscaping shall include a minimum of one tree per one thousand five hundred (1,500) square feet of parking area. Trees shall be located in groupings or in regular intervals or in such a manner as to enhance the appearance of the parking lot.

f.

Landscaped areas shall comply with the city of Rosemead Water Efficient Landscape Ordinance.

7.

Fences/Walls/Landscape Screening. Each development shall be improved with fencing, walls, and landscape screening in accordance with Article 4, Chapter 17.68.

8.

Lighting. Each development shall be improved with lighting facilities in accordance with Article 4, Chapter 17.88.

9.

Mechanical Equipment, Loading Zones, and Service Area Screening.

a.

Wall-mounted equipment shall be flush with the exterior building walls and painted to match the color of the exterior of the building and screened from the view of any public right-of-way. Window-mounted air conditioners or exterior-mounted fans shall be prohibited.

b.

Ground-mounted and pad-mounted mechanical or utility equipment and other such similar equipment shall be screened from view from all public rights-of-way and adjacent properties by architectural building features, fencing or landscaping.

c.

Rooftops should be designed in a way that acknowledges their visibility from other buildings and the street. Equipment shall be screened on all four sides from both the street and neighboring buildings using parapets or similar architectural features and from the top where visible from an adjacent building of greater height.

d.

Service and loading zones where visible from public streets and views from neighboring buildings and properties shall be screened by the use of decorative walls and/or dense landscaping that will serve as both a visual and a noise barrier.

10.

Trash. Each development shall be improved with solid waste and recyclable material collection in accordance with Article 3, Chapter 17.32 (Accessory Structures).

11.

Outside Storage. The following provisions apply to uses with outside storage areas:

a.

Outside storage (not for display purposes) is permitted on the rear area of a lot or parcel of land. On corner lots or where site coverage or topography make rear yard storage impossible or impose a severe hardship upon the owner or occupant of the parcel, storage may be permitted, subject to the approval of the Community Development Director, in a side yard or open yard adjacent to a corner.

b.

Any outdoor area used for storage shall be completely enclosed by a solid masonry wall and solid gate not less than six feet in height. The Community Development Director may approve the substitution of a fence or decorative wall where such fence or wall provides adequate visual clearance, is structurally adequate, and equivalent in decorative appearance. In no event shall the height of such storage exceed the height of the wall or fence enclosing the storage area.

B.

District Specific Requirements. In addition to the general development requirements listed in Table 17.16.030.1, Commercial District Development Standards, the following development standards apply to specific commercial districts as shown:

1.

P-O Zoning District.

a.

Accessory Uses. Pharmacies, snack bars, cafeterias, copy and mail centers and other similar uses may be permitted as accessory uses where said use is less than five percent of the total net floor area of the professional office use and is established to primarily service the businesses on the same site.

b.

Signs—Content and Location. In addition to the requirements of Chapter 17.116 (Signs), signs in the P-O zone shall also be required to comply with the following:

1)

Any exterior sign displayed shall pertain only to the name and address or use conducted within the building, shall be attached flat against a wall of the building and parallel with its horizontal dimension, and shall front on the principal street, a parking area in the rear, or, in the case of a corner building, that portion of the side street within fifty (50) feet of the principal street. In no case shall a sign project above the roofline, have moving parts, flashing lights or animated lighting. The total area of such signs shall not exceed one square foot of sign area for each two linear feet of building frontage.

2)

The square footage of a sign made up of letters, words or symbols within a frame shall be determined from the outside edge of the frame itself. The square footage of a sign composed of only letters, words or symbols shall be determined from imaginary, straight lines drawn around the entire copy or grouping of such letters, words or symbols. Only those portions of the construction elements that are an integral part of the sign itself shall be considered in the allocation of square footage allowed. An obvious border designed as an integral part of the sign shall be calculated in the total square footage allowed.

2.

C-1, C-3, and CBD Zoning Districts.

a.

Manufacturing shall not be permitted in the C-3 and CBD zones, except that manufacturing as an appurtenant function of a permitted use may be permitted, provided the manufacturing operation is of a minor, accessory and limited nature and occupies not more than twenty-five (25) percent of the floor area devoted to the permitted use.

b.

Furniture Stores. Furniture stores in the C-3 and CBD zones shall be limited to new furniture, except that any used furniture taken in trade may be sold provided used furniture sales do not exceed twenty-five (25) percent of the gross floor area or twenty-five (25) of the total retail area, whichever is less.

c.

Appliance/Electronic Stores and Repairs. Appliance/Electronic stores and repairs in the C-1, C-3, and CBD zones shall be limited to new appliances and electronics, except that used appliances and electronics taken in trade may be repaired and serviced, provided such used appliance sales do not exceed twentyfive (25) percent of gross floor area or twenty-five (25) percent of total retail area, whichever is less, and shall be located to the rear of the main retail area.

3.

C-4 Zoning District. The following regulations shall apply to the C-4 Regional Commercial zone unless otherwise provided in this Title.

a.

The C-4 Regional Commercial designation consists of two project areas, "Project Area 1" and "Project Area 2," as outlined in the Land Use Element of the City's General Plan.

b.

Approval Procedure. A precise plan of design for a commercial development shall be submitted for Design Review and reviewed in accordance with the requirements of Chapter 17.28, Section 17.28.020, with the exception that the City Council shall approve or disapprove such project upon receiving a recommendation from the Planning Commission that the project satisfies the following criteria for the C-4 zone:

1)

Establish a well-balanced and carefully planned collection of signature commercial retail anchors, general retail outlets, and casual to upscale restaurants, which take advantage of the site's accessibility to major roadway corridors;

2)

Allow for the development of site in a manner which will provide a productive use of commercial opportunities;

3)

Expand commercial retail and restaurant options for local customers by providing daytime and nighttime shopping and dining opportunities in a safe and secure environment;

4)

Augment the City's economic base by providing a variety of tax generating uses;

5)

Create employment generating opportunities for the residents of Rosemead and surrounding communities;

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.

Table 17.16.030.2

LAND USE AND BUILDING FLOOR AREA REQUIREMENTS FOR PROJECT AREA 1 (as identified in the General Plan)

rental); specialized retail (consumer electronics, fabric store, hobbies and crafts, apparel and accessories, books and magazines, jewelry, sporting good (sales and rental), photography, and stationery sales)

Table 17.16.030.3:

LAND USE AND BUILDING FLOOR AREA REQUIREMENTS FOR PROJECT AREA 2 (as identified in the General Plan)

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.

Public Realm and Streetscape.

a.

Public Sidewalks. The following shall apply to public sidewalks:

1)

The minimum building setback shall be twelve (12) feet as measured from the curb face; and shall be in the form of both existing right-of-way and a recorded pedestrian access and utility easement;

2)

The minimum building setback area shall include a minimum seven-foot wide detached sidewalk (clear zone) and a minimum five-foot wide parkway (amenity zone) adjacent to all streets. The amenity zone shall be located between the curb face and the clear zone. The clear zone shall be located between the building and the amenity zone;

3)

The sidewalk in the clear zone shall be constructed of concrete, comply with ADA accessibility standards and be subject to the review of the City Engineer;

4)

The clear zone shall be unobstructed by any permanent or nonpermanent element for a minimum width of seven feet and a minimum height of eight feet; and

5)

The amenity zone shall include street trees, landscaping, public signs, public art, street lighting, street furniture, and other pedestrian-oriented amenities, as appropriate.

b.

Street Trees.

1)

All species of mature oak trees shall be preserved or otherwise dealt with in accordance with Article 4, Chapter 17.104.

2)

The removal of other mature trees shall be subject to the review and approval of the Urban Forester.

3)

Mature street trees that are approved for removal by the Urban Forester shall be replaced with a minimum of three new mature box trees that have at least a 24-inch box and are the same species of the replaced mature street trees or a species approved by the Urban Forester. The City reserves the right to increase the number of trees if it deems necessary in order to compensate for mature tree loss.

4)

The amenity zone shall be planted with street trees at an average spacing not greater than thirty (30) feet on center.

c.

Transit Stops.

1)

Transit stops shall be designed as integral elements of a commercial development by collocating them with pedestrian oriented amenities, such as pocket parks, courtyards, plazas, etc., whenever possible.

2)

When an existing transit stop is located on a sidewalk adjacent to the location of a development, a shelter for transit patrons shall be constructed that:

a)

Incorporates architectural features of the development and is compatible with the development; and

b)

Includes a shelter, bench and lighting.

d.

Corner Lot.

1)

On intersection corners, where both streets have four lanes:

a)

Building architecture on intersection corners, where both streets have four lanes or more, shall receive special treatment to enhance the pedestrian experience, and create visual interest and focal points at the entryways, such as, but not limited to, building cut-offs and corner entrances with additional architectural detail, decorative landscaping, hardscape, planters, canopy, overhang or other architectural covering over the building entry; and

2)

On intersection corners, regardless of the number of lanes on each street:

a)

Retail, restaurant, or overnight accommodation uses within buildings facing two or more streets shall have at least one customer entrance facing the primary street and one customer entrance facing the second street or instead of two entrances, a corner entrance; and

b)

Buildings on corner lots shall address both streets with an equal level of architectural detail.

e.

Undergrounding of Utilities.

1)

Utility lines to a development from the building to the property line, including, but not limited to, electric, communications, street lighting and cable television shall be placed underground.

2)

Utility lines within the right-of-way shall be placed underground to the maximum extent practicable. The requirements of this section may be waived by the City Council upon recommendation from the City Engineer if it is determined that topographical, soil or any other conditions make such underground installations unreasonable or impractical.

2.

Site Design and Circulation.

a.

Minimum Development Area.

1)

The minimum development area for a commercial project within Project Area 1 shall be fifteen (15) acres.

2)

The minimum development area for a commercial project within Project Area 2 shall be three acres.

3)

Lots may be subdivided within each development site area for the purpose of creating a commercial condominium or separate commercial pads in accordance with Article 3, Chapter 17.36, RMC Title 16, and the Subdivision Map Act.

b.

On-Site Tree Preservation.

All species of mature oak trees shall be preserved or otherwise dealt with in accordance with Article 4, Chapter 17.104.

2)

The removal of other mature trees shall be subject to the review and approval of the City Council.

3)

Mature trees that are approved for removal by the City Council shall be replaced with new mature trees that have at least a 24-inch box and are the same species of the replaced mature trees.

c.

Bicycle Parking.

1)

Bicycle parking spaces shall be equal to three percent of required off-street parking.

2)

Bicycle parking facilities shall be:

a)

Securely anchored to the lot surface so they cannot be easily removed and shall be of sufficient strength to resist theft;

b)

Separated by a physical barrier to protect the bicycle from damage by motor vehicles if located within a vehicle parking area; and

c)

Motor vehicle entrances shall display adequate signs to indicate the availability and location of the bicycle parking facilities.

d)

Access and Location of Off-Street Parking.

3)

At-grade parking shall not be located between any building and the street frontage.

4)

Vehicular access to corner lot developments shall be from an alley or from a side street.

5)

Access to parking on interior lots shall have only one vehicular access, which shall not be from the street if the lot abuts an alley. A second vehicular access may be allowed for lots that have a street frontage of three hundred fifty (350) feet or more and do not abut an alley. Developments on those lots may have additional driveways that are not closer than three hundred (300) feet apart.

3.

Architecture.

a.

Ground Floor Facade.

1)

There shall be articulated facades at the ground floor street frontage, which may include such measures as indentation in plane, change of materials in a complimentary manner, and sensitive composition and juxtaposition of openings.

b.

Design Differentiation between Floors.

1)

The area where the first floor meets the second floor shall clearly define a change in materials, colors, and style between the first and second floors.

c.

Roofline Variation.

1)

Flat roofs are preferred and shall be screened with parapets on all sides of the building. If no rooftop equipment exists or is proposed the parapet shall be a minimum of three feet in height.

2)

Where architecturally appropriate, sloped roofs shall provide articulation and variations to divide the massiveness of the roof. Sloped roofs shall include eaves, which are a minimum of eighteen (18) inches in width. Sloped roofs shall screen mechanical equipment by providing a "roof-well", or by placing the equipment within the roof structure.

4.

Signs.

a.

A uniform sign program shall be approved by the Planning Division for each commercial development.

b.

Permitted sign types shall be limited to wall, window, awning and monument signs.

c.

Building mounted signs, including wall, window and awning, shall not exceed a cumulative total of one square foot of sign area per one lineal foot of building frontage of each business.

d.

Pole signs shall be prohibited.

e.

A monument sign shall be used only to identify multiple businesses based on the following criteria:

1)

One-third square foot of monument sign area per one lineal foot of lot frontage with a maximum of fifty (50) square feet.

2)

The entire sign structure shall be considered as sign area.

3)

The sign copy area shall not exceed sixty (60) percent of the background wall area.

4)

All monument signs shall contain only the name of the development and/or the names of the businesses.

5)

Monument signs shall not encroach into any required landscaped setback area when abutting open areas or encroach more than one-half the required landscaped setback area when located in front of a building.

6)

Sign copy shall be back-lighted or indirectly lighted.

7)

The background wall of the monument sign shall not exceed six feet in height.

8)

A maximum of two monument signs per development.

9)

The monument sign shall be set back a minimum of three feet from the property line at a location where the building is set back a minimum of ten (10) feet.

5.

Public Art Requirement. A freely accessible on-site public art work shall be integrated into each project in accordance with Article 4, Chapter 17.92.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Chapter 17.20 - COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS

The purpose of the individual commercial zoning districts and the manner in which they are applied are as follows:

A.

Commercial - Industrial Mixed-Use District (CI-MU). The CI-MU zoning district is intended to provide for heavy commercial and quasi-industrial uses that are consistent with the General Plan Industrial land use designation. The purpose of the CI-MU zone is to accommodate light industry, research and development, and office uses. The emphasis is on providing career-oriented and trade jobs. Commercial uses are limited to those that support the primary industrial and office uses.

B.

Light Manufacturing and Industrial (M-1) District. The M-1 zoning district is intended to provide for manufacturing, assembly, research and development, and light industrial parks, consistent with the General Plan Industrial land use designation.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.20.020 - Commercial and industrial land uses and permit requirements.

Table 17.20.020.1, Uses in Commercial and Industrial Districts, identifies the uses of land allowed in each such zoning district, and the land use permit required, if any, to establish each use subject to section 17.08.050. Where the last column in the tables (Specific Use Regulations) includes a section reference number, the regulations in the referenced section apply to the use in addition to those shown in the table.

Table 17.20.020.1

USES IN COMMERCIAL AND INDUSTRIAL DISTRICTS

Note: P Permitted Use A Permitted Accessory Use CUP Conditional Use Permit required AUP Administrative Use Permit required — Use not allowed

A.

Performance Standards. The following performance standards shall apply to all uses located in CI-MU and M-1 zone districts.

1.

Smoke. No use may emit from a vent, stack, chimney, or combustion process any smoke or emission, other than water vapor, that is visible to the naked eye and violates any standards established by the South Coast Air Quality Management District and the California Air Resources Board.

2.

Noise. No use may violate the City's noise standards.

3.

Vibration. No use may generate any ground-transmitted vibration that is perceptible to the human sense of touch measured at the outside boundary of the immediate space occupied by the enterprise generating the vibration if the enterprise is onto of several located on a lot, or the lot line if the enterprise generating the vibration is the only enterprise located on a lot.

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.

Stormwater Runoff. The construction of any new building, and all activities conducted indoors and out of doors, shall comply with stormwater runoff regulations and National Pollution Discharge Elimination Systems (NPDES) requirements.

B.

Health Risk Assessment. The City may require a health risk assessment for any use involving hazardous materials.

C.

Business License Required. A valid business license, obtained pursuant to Title 5 of the Rosemead Municipal Code, shall be required as a condition of obtaining any permit or authority to establish a use under this Title.

D.

Site Plan and Design Review Required.

1.

A Site Plan and Design Review application shall be submitted in accordance with the requirements of Article 5, Chapter 17.120 (Applications and Processing) and Chapter 17.136 (Site Plan and Design Review) for any new development or any addition to an existing development in the CI-MU or M-1 as follows:

a.

Any proposal to construct a new building of three thousand (3,000) gross square feet or more, or the addition of three thousand (3,000) square feet, or an addition that exceeds fifty (50) percent of the existing floor area shall require a discretionary review.

b.

Notwithstanding the provisions of Chapter 17.28 (Overlay Zones), any proposal to construct less than three thousand (3,000) square feet of new construction shall be subject to City staff-level review coordinated by the Community Development Department.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 1018, § 2, 11-14-23)

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

2.

Encroachments.

a.

No part of the structure, permanent attachment or other similar architectural feature may extend into:

1)

Any required front, side or rear yard or minimum distance between buildings for more than two feet.

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 feet of the curb but must clear the sidewalk vertically by at least eight feet.

c.

Projections beyond the front or exterior side lot line of a corner lot shall require the review and approval of the City Engineer and the Building Official.

4.

Landscape and Irrigation Plans.

a.

Landscape and irrigation plans for any development within a commercial zone, including the type and location of plant materials to be used, shall be submitted to the Planning Division for review and approval by the Community Development Director or his designee.

b.

A total of three percent of the gross lot area shall be landscaped. The landscape plan shall be designed and installed such that much of the landscaping is visible from the public street or thoroughfare. Additional site landscaping maybe required for conditionally permitted uses or developments that require the approval of a Design Review or precise plan of design.

c.

An automatic irrigation system installed below ground except for sprinkler heads shall be permanently maintained in all landscaped areas.

d.

All landscaping shall be maintained in a neat and healthy condition.

e.

Landscaped areas shall comply with the city of Rosemead Water Efficient Landscape Ordinance.

5.

Fences/Walls/Landscape Screening. Each development shall be improved with fencing walls, and landscape screening in accordance with Chapter 17.68.

6.

Lighting. Each development shall be improved with lighting facilities in accordance with Chapter 17.88.

7.

Mechanical Equipment, Loading Zones, and Service Area Screening.

a.

Wall-mounted equipment shall be flush with the exterior building walls and painted to match the color of the exterior of the building and screened from the view of any public right-of-way. Window-mounted air conditioners or exterior-mounted fans shall be prohibited.

b.

Ground-mounted and pad-mounted mechanical or utility equipment and other such similar equipment shall be screened from view from all public rights-of-way and adjacent properties by architectural building features, fencing or landscaping.

c.

Rooftops should be designed in a way that acknowledges their visibility from other buildings and the street. Equipment shall be screened on all four sides from both the street and neighboring buildings using parapets or similar architectural features and from the top where visible from an adjacent building of greater height.

d.

Service and loading zones where visibility from public streets and views from neighboring buildings and properties shall be screened by the use of decorative walls and/or dense landscaping that will serve as both a visual and a noise barrier.

8.

Trash. Each development shall be improved with solid waste and recyclable material collection in accordance with Chapter 17.32 (Accessory Structures).

9.

Outside Storage. The following provisions apply to uses with outside storage areas:

a.

Outside storage (not for display purposes) of equipment or materials is permitted on the rear area of a lot or parcel of land. On corner lots or where site coverage or topography make rear yard storage impossible or impose a severe hardship upon the owner or occupant of the parcel, storage may be permitted, subject to the approval of the Community Development Director, in a side yard or open yard adjacent to a corner.

b.

Any outdoor area used for storage if visible from public right-of-way shall be completely enclosed by a solid masonry wall and solid gate not less than six feet in height. The Community Development Director may approve the substitution of a fence or decorative wall where such fence or wall provides adequate visual clearance, is structurally adequate, and equivalent in decorative appearance. In no event shall the height of such storage exceed the height of the wall or fence enclosing the storage area.

B.

District Specific Requirements. In addition to the general development requirements listed in Table 17.20.030.1, Commercial and Industrial District Development Standards, the following development standards apply to specific commercial districts as shown:

1.

CI-MU Zoning District.

a.

Merchandise. All display of merchandise for sale on the premises shall be wholly within an enclosed building, except as provided in section 17.20.030.B.1.b below.

b.

All display of merchandise for sale on the premises shall be wholly within an enclosed building except for the following:

1)

Parking Lots.

2)

Automobile Sale Areas.

3)

Service Station Fuel Dispensing Activities.

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.

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 seven a.m. to ten pm.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Chapter 17.21 - GARVEY AVENUE SPECIFIC PLAN ZONING DISTRICT[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— The Garvey Avenue Specific Plan is not included herein, but is incorporated by reference and available for inspection at the City Clerk's office.

17.21.010 - Applicability and purpose.

The development standards and guidelines contained in this Specific Plan provide for land development and use within the Specific Plan area. The Specific Plan supersedes the otherwise applicable City of Rosemead development standards and regulations unless stated otherwise in this document. Whenever the provisions and development standards contained in this Specific Plan conflict with those contained in the City of Rosemead Municipal Code, the provisions of the Specific Plan shall take precedence. Where the Specific Plan is silent, the City of Rosemead Municipal Code shall apply.

The purpose of the Garvey Avenue Specific Plan zoning district and the manner in which it is applied are as follows:

A.

Chapter 17.21 provides the regulatory standards for development within the Garvey Avenue Specific Plan Area. The Garvey Avenue Specific Plan document must also be referenced for design guidelines applicable to the Garvey Avenue Specific Plan Area.

B.

The Garvey Avenue Specific Plan, Open Space/Parking zoning district (GSO-OS/P) allows for open space and parking development on key areas of Garvey Avenue, such as the Alhambra Wash. Continuing to allow open space, as well as parking, will help encourage the development of much-needed open space along the Wash, consistent with the Garvey Avenue Specific Plan goals.

C.

The Garvey Avenue Specific Plan, Residential/Commercial zoning district (GSP-R/C), provides transition areas between single- and multifamily residential land uses in the surrounding neighborhoods, serving as a buffer for higher land use intensity and building scale directly on Garvey Avenue. The zoning is intended to

enable flexibility in development approaches while requiring high-quality design that respects and adds value to adjacent residential development.

D.

The Garvey Avenue Specific Plan (GSP) zoning district accommodates a diverse range of retail, service, and office businesses, with a focus on businesses that support the needs of the local community. The GSP zoning district also allows for flexible spaces for start-up businesses. The GSP zoning district is focused west of Del Mar Avenue, with some pockets east of Del Mar. Where guidelines and standards have not been established, the GSP zone standards largely follows C-3 Medium Commercial zoning area. However, standalone residential and mixed uses are not permitted in the GSP Zoning District.

E.

The Garvey Avenue Specific Plan, Incentivized Mixed Use zoning district (GSP-MU) allows "Horizontal" mixed-use in this district, which will enable a large development sites to be developed with buildings with only one use, provided that the overall site is developed to the mixed use standards in GSP-MU. This zone also allows for "vertical" mixed-use, where commercial uses are on the ground floor, with residential uses above. The GSP-MU zoning district is focused on the eastern half Garvey Avenue Where guidelines and

standards have not been established, the GSP-MU zoning code follows the R-C MUDO Residential/Commercial Mixed-Use Development Overlay district.

(Ord. No. 978, § 5(Exh. A), 2-27-18)

17.21.020 - Garvey Avenue Specific Plan Land Uses and Permit Requirements.

Table 17.21.020.1, Uses in the Garvey Avenue Specific Plan District, identifies the uses allowed in each such zoning district, and identifies the land use permits required, if any, to establish each use subject to section 17.08.050. Where the last column in Table 17.21.020.1 (Specific Use Regulations) includes a section reference number, the regulations in the referenced section apply to the use in addition to those shown in Table 17.21.020.1.

Table 17.21.020.1

Uses in the Garvey Avenue Specific Plan District

fastened or obstructed so that the door cannot be opened from the inside. (d) Chairs and tables shall be arranged so as to provide for clear access to an exit. No part of an aisle shall be used in any way that will obstruct its use as an exit or that will constitute a hazardous condition. (e) Sidewalk dining shall not be arranged so as to restrict the use of emergency exits, fire escapes on adjacent buildings and access to fire hydrants.

(f) Freestanding or table mounted shade umbrellas shall be kept in good repair and may be used only where space permits. (g) Freestanding heating or misting equipment may be used only where space permits. (h) Freestanding lamps are not permitted. Flashing or moving lights are not permitted. Table candles may be used. Electric wiring shall not be placed in pedestrian areas. (i) Awnings shall be kept in good repair. (j) Seating and accessories and other components of the sidewalk dining shall be maintained in a neat and safe manner. (k) The height of a railing, fence, or planter (including plantings) used to establish boundaries of seating areas shall be at least 24 inches in height but not higher than 36 inches. Planters and/or plantings shall be maintained in a neat and orderly manner, and

in good repair. (j) Seating and accessories and other components of the sidewalk dining shall be maintained in a neat and safe manner. (k) The height of a railing, fence, or planter (including plantings) used to establish boundaries of seating areas shall be at least 24 inches in height but not higher than 36 inches. Planters and/or plantings shall be maintained in a neat and orderly manner, and

A.

Non-Conforming Uses. To ensure that land uses are consistent with the vision presented in the Garvey Avenue Specific Plan, the conditions under which legal nonconforming uses may continue is limited. Specifically, legal nonconforming uses may remain but cannot expand, change use, rebuild, and must be continually operated.

a.

If these conditions are not met, the nonconforming use is no longer a legal nonconforming use and is subject to the City of Rosemead's Nonconforming Use Amortization Policy, RMC Section 17.72.090, with the exception of the abandonment/discontinuation clause (RMC Section 17.72.030.B).

b.

In place of the RMC Section 17.72.030.B. abandonment/discontinuation clause, a nonconforming use in the Garvey Avenue Specific Plan area that has been abandoned or has been discontinued for a period of ninety (90) days shall not be reestablished and any subsequent reuse or any new use established shall conform to the provisions of the Garvey Avenue Specific Plan.

B.

Performance Standards. Listed in other chapters of Article 2

(Ord. No. 978, § 5(Exh. A), 2-27-18)

A.

General Requirements.

1.

Development Standards Table. All subdivisions, new land uses or structures, and substantial rehabilitation, alterations, and/or remodeling of existing land uses or structures shall be designed, constructed, and established in compliance with the requirements of Table 17.21.030.1 in addition to the applicable standards in Title 17 (Zoning) of the Rosemead Municipal Code unless explicitly defined, stated, or delineated otherwise in the Garvey Avenue Specific Plan.

Table 17.21.030.1.

GARVEY AVENUE SPECIFIC PLAN DISTRICT DEVELOPMENT STANDARDS

Commercial Development Intensity

Elevation Above Street Level

B.

Exceptions to Height Limit. A five-foot bonus may be granted by the Planning Commission, upon recommendation from the Community Development Director and in accordance with the requirements of Section 17.28.030(D)(13)(a)(2)(a), if it is determined that the additional height would provide unique architectural elements that would enhance the project overall.

C.

Building Placement.

1.

Buildings shall be placed on the street frontage property line or front setback line.

2.

Lots located in the GSP-R/C or GSP zones must place sixty (60) percent of the building on the property line (nonresidential) or setback (residential), illustrated in Figure 17.21-1. For the GSP-MU district, this percentage increases to seventy-five (75) percent.

3.

When the building frontage is on Garvey Avenue, a second floor's building overhang (drip line) may be considered the building frontage if the outdoor ground floor contains a restaurant dining space or pedestrian plaza. The outdoor dining space or the outdoor pedestrian plaza must be designed for such use and include both decorative hardscape and landscape.

==> picture [336 x 266] intentionally omitted <==

4.

The Review Authority may grant exceptions for:

a.

A narrow lot under fifty (50) feet in which a twenty-four (24) feet driveway is necessary because no side street, alley, or easement can provide access to required parking on the rear of the lot or site;

b.

The initial phases of a multi-phased building project that will occupy the entire frontage upon completion.

D.

Building Design.

1.

Modulation. All buildings constructed in the Garvey Avenue Specific Plan area shall be designed to maximize the privacy of the adjacent homes, backyards, and residential neighborhoods. New buildings and additions to existing buildings shall incorporate at least one or more of the following types of modulation.

a.

Façade plane modulation is required. The wall plane of street-facing façades shall be modulated a minimum of eighteen (18) inches perpendicular to the plane at least once every sixty (60) feet, as measured along the property line. Façades should be modulated with elements including but not limited to vertical and horizontal breaks in the building façade plane, setbacks at upper levels, changes in material or color,

use of ornament, changes in height, and incorporation of other design elements that create differentiation in the architecture to create visual and architectural interest, see Figure 3.6.

==> picture [312 x 152] intentionally omitted <==

E.

Glazing and Windows. Street-facing facades of all buildings shall incorporate glazing (windows) and openings providing light to adjacent spaces, rooms, and uses, shown in Figure 17.21-3 as outlined in Table 17.21.03.1, windows and openings facing streets shall constitute a minimum of the following percentage of street-facing building faces:

1.

Fifty (50) percent of the wall for nonresidential ground floor uses;

2.

Thirty (30) percent of the wall for nonresidential upper floor uses;

3.

Forty (40) percent of the wall for residential ground floor uses; and

4.

Thirty (30) percent of the wall for residential upper floor uses.

==> picture [348 x 316] intentionally omitted <==

F.

Design of Roof and Skyline Forms.

1.

Penthouses, parapets, stair and elevator enclosures, and air conditioning units and mechanical equipment shall be fully integrated into the overall architectural design and expression of the building or addition through the use of equivalent materials and colors that match the overall design.

2.

All rooftop mechanical components shall be fully screened from the view of public right-of-ways or residentially zoned properties.

G.

Building Entrances. For parcels fronting Garvey Avenue, the primary entrance to a ground floor use shall face Garvey Avenue. Residential uses should have their own on-street entrance, while nonresidential uses abutting Garvey Avenue shall provide at least one street-facing, pedestrian-priority entrance that shall serve as the primary entrance to the business.

1.

Interior space shall be arranged to orient toward the Garvey Avenue entrance as the primary entrance. Signage shall be used to direct persons toward the primary entrance. Street-facing nonresidential entrances shall be unlocked and accessible to the public during business hours.

Residents of a mixed use development shall have a separate and secure on-street pedestrian access to the residential units.

3.

On street frontages, ground-related entrances shall occur at least once every one hundred fifty (150) feet, as measured along the front property line. Ground-related entrances include entrances to ground- floor uses, residential units, clusters of residential units, lobbies, or private courtyards.

4.

Pedestrian walkways or sidewalks shall connect all primary building entrances to one another. Pedestrian walkways shall also connect all onsite common areas, parking areas, storage areas, public open spaces, and recreational facilities.

5.

Elevated walkways, skyways, and bridges between buildings are limited. Elevated walkways, skyways, and bridges between buildings are allowed under the following conditions:

a.

Elevated walkways, skyways, or bridges shall connect buildings located internally to a site. Elevated walkways, skyways, or bridges shall not connect buildings located on Garvey Avenue, San Gabriel Boulevard, nor be adjacent to an existing residential use.

b.

An elevated walkway, skyway, or bridge is only allowed to facilitate resident access to an adjacent buildings' recreational amenity.

c.

Each building shall be connected to no more than one other building.

d.

A maximum of one elevated walkway, skyway, or bridge is permitted per building. For example, if an elevated walkway connects two buildings on their third floors, no other elevated walkway is permitted to connect any other on any other floor.

e.

Elevated walkways, skyways, or bridges shall not cross over a street, public park, or public open space.

H.

Ground Floor Design.

1.

Ground floor design shall be high-quality, pedestrian-oriented, and sensitive to the use.

a.

Ground Floor Residential Units. In mixed use settings, ground floor residential dwelling units are allowed on any lot and on any street frontage, provided storefronts and usable commercial space are located along a minimum of fifty (50) percent of the length of the building frontage adjoining Garvey Avenue. Storefronts and usable nonresidential spaces shall comply with all standards and guidelines in Rosemead's Mixed-Use Design Guidelines.

b.

First Floor Elevation, Nonresidential Uses. The first habitable floor shall be located no more than two feet above or below the existing grade at any point along a street property line.

c.

First Floor Elevation, Residential Use. The first habitable floor of a residential-only building shall be located at least two feet above existing grade and no more than three feet along a street property line.

d.

The minimum height of nonresidential ground floor spaces shall be fourteen (14) feet. The minimum height of residential ground floor spaces shall be ten (10) feet. This height shall be measured from the floor of the first story to the floor of the second story. If there is no second story, the height shall be measured to the top of roof, see Figure 17.21-4.

==> picture [156 x 128] intentionally omitted <==

e.

Storefronts and usable nonresidential space shall be located along the required ground floor street frontages of buildings per Table 17.21.030.1 of this Chapter and have a minimum usable depth of forty (40) feet along sixty (60) percent of the length of the building frontage and in no case be less than twenty (20) feet in depth. At a corner lot where storefronts and nonresidential uses are required, storefronts and nonresidential spaces shall turn and wrap around the corner for a minimum length of twenty (20) feet, see Figure 17.21-5.

f.

Use of mirrored and reflective glazing materials and glass is prohibited. At the ground floor of buildings where the use is nonresidential, use of clear glass is required. After installation, clear glass windows at the ground floor of nonresidential uses shall not later be treated so as to become opaque or to be blocked so as to prevent visibility of the ground floor interior from the sidewalk.

==> picture [156 x 141] intentionally omitted <==

g.

Security elements and decorative grillwork at ground floors

i.

Upward rolling, side folding, or moveable security grills and elements shall not be installed on the exterior side of ground floor and street-facing storefronts, windows, openings, entries, and facades.

ii.

On the interior side of ground floor and street-facing storefronts, windows, openings, entries and facades, upward rolling, side folding, or moveable security grills and elements are allowed.

iii.

Such devices should utilize dedicated interior side pockets and ceiling cavities such that the grill and all mechanisms associated with the security element are not visible from the adjacent public right-of-way or sidewalk; regardless of installation method, such devices shall be at least eighty (80) percent open to perpendicular view.

iv.

Fixed decorative grillwork and railings are allowed at the ground floor and shall be at least eighty (80) percent open to perpendicular view.

I.

Parking Standards and Driveways. Required parking shall be determined by the standards outlined in Table 17.21.030.1 of this Chapter. Parking standards and driveways shall comply with the following requirements:

Surface parking along Garvey Avenue is not allowed in the front of buildings. Surface parking in the rear of a lot shall be permitted.

2.

Notwithstanding the requirements of Table 17.21.030.1, partially subterranean and fully subterranean parking may extend to street-fronting property lines. For corner lots, surface parking lots shall be accessed from a side street or alley.

3.

Residential parking may share an entrance with nonresidential parking, but shall be separate from the nonresidential parking area, with access restrictions where necessary.

4.

For parcels of less than three hundred (300) feet in length, only one vehicular access point may be permitted. For all other lot frontages, a maximum of one vehicular access point for each three hundred (300) feet of street frontage is permitted, see Figure 17.21-6.

==> picture [156 x 147] intentionally omitted <==

5.

Parking that is visible from streets or sidewalks or located along rear, side, or interior lot lines shall be buffered from the street, sidewalk, or lot line by a minimum five-foot in-depth landscape buffer.

6.

Openings to tuck-under parking spaces shall not be visible from the street or from an adjacent property.

7.

Tandem parking within allowed parking areas may be allowed with an AUP for multi-family projects and the residential component of mixed use projects.

J.

Loading Space. On the same premise with every building, structure, or part thereof erected or occupied for goods display, wholesale or retail, hotel, restaurant, or other similar use involving the receipt or distribution of materials or merchandise via trucks or vans, a minimum of one off-street loading space for each six thousand (6,000) square feet of building floor area dedicated to the retail, commercial, hotel, restaurant use is required for the standing, loading, and unloading services in order to avoid interference with the public use of adjacent streets or alleys. Required loading space shall not be included within the required parking space adjacent to a building or structure.

K.

Open Space and Recreation. Each type of open space has a different purpose and user; the requirements for one type of open space cannot be satisfied by another.

Usable Public Open Space.

a.

All open space shall be public unless parcel location does not allow public access.

b.

High-quality porous pavers, porous concrete or other porous paving materials shall be used for all plazas and hardscape.

c.

Community benefit incentives are available for providing more open space than is required, see 17.21.040

d.

Usable public open space does not include libraries, gymnasiums, nor recreation rooms.

e.

All required usable public open space shall be developed and professionally maintained in accordance with approved landscape and irrigation.

2.

Usable Private Common Open Space.

a.

All usable common open space shall be conveniently located and readily accessible from all residential units in a residential or mixed use development.

b.

Each usable common open space shall have no side with a dimension of less than ten (10) feet and may incorporate any areas of the site except where it is within five feet of public rights-of-way, private streets or alleys, and shall not include or incorporate any driveways or parking areas, trash pickup or storage areas, or utility areas.

c.

There shall be a minimum distance of fifteen (15) feet measured horizontally between any swimming pool and the nearest point of any balcony, porch, second story patio, sun deck, or other architectural feature of a building or structure with windows, doors, or other openings of sufficient size to permit the passage of persons.

d.

Courtyards internal to a project, or enclosed on at least three sides, shall have a minimum width of forty (40) feet, and shall be landscaped with a ratio of hardscape to planting not exceeding a ratio of one square foot of landscape to one square foot of hardscape. Pools and spas shall be excluded from this ratio.

e.

All required usable common open space shall be developed and professionally maintained in accordance with approved landscape and irrigation.

3.

Usable Private Open Space.

a.

No portion of any private patio or balcony shall be used for the permanent storage of rubbish, junk, clotheslines, or garbage receptacles. "Permanent storage," as used in this subsection, means the presence for a period of forty-eight (48) or more consecutive hours on a patio or balcony.

b.

Private open space must be open air, not fully enclosed with walls. Private open space cannot be covered by a roof by more than fifty (50) percent of the area; however, balconies can have up to one hundred (100) percent ceiling coverage.

L.

Signage Standards. All signage shall comply with guidelines outlined in the Garvey Avenue Master Plan, with the exception of mixed-use projects, which shall follow the sign standards outlined in Title 17, Article 2, in Section 17.28.030. Bi-lingual signage is allowed. When storefronts use bi-lingual signage, Nonresidential signage shall identify the type of business (e.g., "restaurant," "market") in the English language and should be clearly located in the center of the storefront signage.

M.

Condominium Subdivision Standards.

1.

Nonresidential and residential condominiums are permitted in the GSP-R/C and GSP-MU zones. All condominium subdivisions within the Garvey Avenue Specific Plan area, whatever the parcel size, shall be processed and developed in accordance with the provisions of the development standards and requirements set forth in this Garvey Avenue Specific Plan. Existing provisions in Rosemead's Zoning Code relating to Procedure and Submittal Requirements (RMC Section 17.36.050), Development Standards (RMC Section 17.36.060), and Condominium Conversions (RMC Section 17.36.070) also apply as general development guidelines.

2.

All condominium applications shall include:

a.

Proposed Site Plan.

b.

Preliminary Grading Plan.

c.

Preliminary Landscaping Plan.

d.

Preliminary Lighting Plan.

e.

Preliminary Master Sign Plan.

f.

Proposed Condominium Documents.

g.

Delineation of Shared Spaces and Access.

h.

Other Information that the Community Development Director determines may be necessary to evaluate the proposed project to ensure consistency with the Garvey Avenue Specific Plan, Rosemead's General Plan, the Zoning Code, and other applicable City regulations and requirements.

Earned community benefit incentives may be applied over entire project area, even if the property is subdivided for residential condominiums or other financing purpose, with the approval of the Community Development Director.

(Ord. No. 978, § 5(Exh. A), 2-27-18)

17.21.040 - Community benefits incentives.

Community benefit incentives are provided to allow developer and property owners to increase the development potential if community benefits are identified as part of the development application, constructed as part of the project development, and operated in perpetuity. Restrictions and/or covenants are required to be recorded on the property to ensure the benefits or amenities provided to earn the Community Benefit Incentive are maintained in perpetuity. Benefits can be obtained in two ways— Affordable Housing and Senior Housing (See 3.4.3.1) or Garvey Avenue Community Benefit Program 17.21.040 (B).

A.

Density Bonus for Affordable Housing, Senior Housing

1.

A residential or mixed-use development that includes five or more dwelling units and meets one or more of the following criteria is entitled to a density bonus and one or more incentives under State Government Code Section 65915:

a.

Ten (10) percent of the total units of a housing development for lower income households, as defined in Section 50079.5 of the State Health and Safety Code.

b.

Five percent of the total units of a housing development for very low income households, as defined in Section 50105 of the State Health and Safety Code.

c.

A senior citizen housing development, as defined in Sections 51.3 and 51.12 of the State Civil Code, or Mobile Home Park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code.

d.

Ten (10) percent of the total dwelling units in a common interest development as defined in Section 1351 of the State Civil Code for persons and families of moderate income, as defined in Section 50093 of the State Health and Safety Code, provided that all units in the development are offered to the public for purchase.

2.

Density bonuses for residential developments shall also apply for any residential or mixed use buildings in the Garvey Avenue Specific Plan area, under RMC Section 17.12.030, and as outlined in RMC Table 17.12.030.2.

3.

If a density bonus under State Bill 1818 is granted, density or intensity bonus associated with the provision of Community Benefits will not be granted.

4.

Concessions considered by the City for projects complying with SB 1818 shall not include an increase in height beyond the seventy-five-foot limitation. An increase in height above the seventy-five-foot limitation would create significant adverse impacts on the Garvey Avenue Specific Plan area.

B.

Garvey Avenue Community Benefit Program. The Garvey Avenue Community Benefit program allows for substantial redevelopment or new development projects to have an increased residential density and/or nonresidential intensity with the provision of specific community benefits. The Garvey Avenue Community Benefit Program is applicable to all parcels within the Garvey Avenue Specific Plan Corridor. However, if a density bonus is granted in accordance with Senate Bill 1818, a density or intensity bonus associated with the provision of Community Benefits will not be granted.

The Garvey Avenue Community Benefit Program is based on a point system, detailed in full in the Garvey Avenue Specific Plan. Each community benefit type is assigned a number of Community Benefit points, as described in Table 3.5. A project may earn points from a single or multiple categories, depending on the project applicant's preference. The number of Community Benefit points earned is then translated into the increased density or FAR. The increase varies by zone and land use type as shown in Table 3.6. Table 3.6 indicates the maximum density or FAR permitted. The types of community amenities or benefits eligible to receive the Community Benefit Incentive, as shown in Table 3.5, are: public open space above the required, public park, ADA park amenities, public parking above the required, lot consolidation, siting taller buildings within in the center of the proposed development, project sustainable design, project alternative energy production, "family friendly" development, and provision of an economic feasibility study for uses other than hotel and mixed use. Additional types of community benefits and associated incentives may be determined by a Rosemead City Council resolution adoption.

Table 3.5

COMMUNITY BENEFIT AMENITIES AND ASSOCIATED POINTS

Table 3.6 COMMUNITY BENEFIT INCENTIVE MAXIMUM FAR OR DENSITY

(Ord. No. 978, § 5(Exh. A), 2-27-18)