Chapter 17.24 — SPECIAL PURPOSE ZONING DISTRICTS — Rosemead Zoning Code

17.24.010 - Purpose. ¶

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

A.

Open Space (O-S) District. The O-S zoning district is intended to provide for urban relief, recreation and environmental preservation. This zoning district is applied to parks, streams, urban forestry areas and other

similar features to enhance the quality of the environment consistent with the General Plan.

B.

Automobile Parking (P) District. The P zoning district is intended to provide for specialized facilities that serve a critical but single purpose need for automobile parking. This zone may be applied to public parking lots and structures, shared parking facilities by multiple businesses or residential projects and other similar parking needs.

C.

Planned Development (P-D) District. The P-D district is intended to provide for residential, commercial, industrial, or institutional developments that are characterized by innovative use and design concepts. This zone provides for a new development to offer amenities, quality, design excellence and other similar benefits to the community and not be inhibited by strict numerical development standards. The P-D zone may not be used to develop residential projects that exceed the density allowed under the General Plan and density bonus provided in Chapter 17.84.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.24.020 - Special purpose district land uses and permit requirements. ¶

Table 17.24.020.1, Uses in Special Purpose Districts, identifies the uses of land allowed in the Open Space (O-S) district and the Automobile Parking (P) zoning district, and the land use permit required, if any, to establish each use subject to Section 17.08.050. Where the last column in the tables (Specific Use Regulations) includes a section reference number, the regulations in the referenced section apply to the use in addition to those shown in the table. The Planned Development (P-D) zone district requirements are outlined in Sections 17.24.030 and 17.24.040.

Table 17.24.020.1 USES IN SPECIAL PURPOSE DISTRICTS

Land Use	Requirements	by District	Specifc Use Regulations
	O-S	P
Agricultural and Horticultural Uses	P	—
Propagation, Growing and Storage of Nursery Stock	P	—
Christmas Tree Farms, and Turf Farms	P	—
Hiking Trails, Public	P	A
Parks and Recreation Facilities, Public	P	—
Parks and Recreation Facilities, Private	CUP	—
Landscaping	P	A
Open Space, Public	P	P	Open Air, Temporary
			Parking of Transient Automobiles
---	---	---	---
	—	P
Public Parking, including Parking Lots and Structures	P	P
Private Parking Facilities for Shared Use	—	CUP
Government Buildings and Facilities	A	—
Wireless Telecommunication Facilities	CUP	—	See Article 3, Chapter 17.54
Utilities	P	P

Note:

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

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.24.030 - Special purpose district development standards. ¶

A.

Development Standards Table. New land uses and structures and alterations to existing land uses and structures in the O-S, P, and P-D zones shall conform to the requirements in Table 17.24.030.2, Special Purpose District Development Standards, as well as specific district standards listed below.

Table 17.24.030.2

SPECIAL PURPOSE DISTRICT DEVELOPMENT STANDARDS

Development Feature	Requirements by Zoning District	Requirements by Zoning District
	O-S	P	P-D
Minimum Lot Area	None	20,000 sq. ft.	1 ac.
Minimum Lot Width/Depth	None	50 ft.	None
Maximum Floor Area	See General Plan	See General Plan	See General Plan
Setbacks
Front	10 ft.	10 ft.	None
Front (Adjoining Residential Zone)	15 ft.	15 ft.	20 ft.
Side	10 ft.	10 ft.	None
---	---	---	---
Side (Adjoining Residential Zone)	When side abuts side or rear of residential R zone, school or park a setback equal to side yard setback of residential R zone shall be required for building line of main structure. Setback area may be used to comply w/parking requirements.
Rear	10 ft.	10 ft.	10 ft.
Rear (Adjoining Residential Zone)	When rear abuts side or rear of residential R zone, school or park a setback equal to side yard setback of residential R zone shall be required for building line of main structure. Setback area may be used to comply w/parking requirements.
Height	20 ft.	None	None
Height (Adjoining Residential Zone)	Variable Height Limit Requirement per Section 17.08.050.I
Parking	In accordance with Chapter 17.112 (Of-Street Loading and Parking)

Approval of Development Plan. The Planned Development Review application shall set forth the name and address of the property owner and the description of the property. In addition, application shall be accompanied by a precise development plan which shall include the following details:

1.

Location of each existing and location and dimensions of each proposed structure in the site, the use or uses to be contained therein, the number of stories, gross building and floor area, location of entrances and loading points thereof.

2.

Location of proposed parks, playgrounds, school sites, public buildings and other such uses within the zone.

3.

All streets, points of access, curb cuts, garage door locations, driving lanes, parking areas, and in commercial developments, the ratio of off-street parking to building floor area, loading area, public transportation points, and illumination facilities for same.

4.

All pedestrian walks, malls and open areas for the use of occupants and members of the public.

5.

Location, height and material of all walls and fences. Location and height of all screen planting in front, side and rear yards.

6.

Types of surfacing, such as paving, turf or gravel, to be used at the various locations.

7.

Landscaping and tree planting plan including type and location of plant materials to be used and an irrigation plan, in accordance with the City's Water Efficient Landscape Ordinance.

8.

Plans and elevations of structures indicating architectural, building materials and construction standards.

9.

The gross land area of the site and of the footprints of the structures, and land use of the area within three hundred (300) feet of the perimeter of the site, including the location of structures and other improvements.

10.

Such other information as may be required by the Community Development Department to assist in the consideration of the development plan.

11.

A map or grading plan showing the proposed grading and topography of the site.

12.

Such application shall be processed and heard in accordance with the provisions of Article 5, Chapter 17.120 (Applications and Processing). The Planning Commission and City Council may impose reasonable conditions to the approval of the development plan.

D.

Conditions of Approval of Planned Development.

1.

An applicant may be required to dedicate land for street or other purposes authorized by law, to restrict areas for open space, for beautification or for off-street parking and to comply with such other conditions as may be imposed to achieve harmony with the General Plan and compatibility with surrounding land uses. The development as authorized shall be subject to all conditions so imposed.

2.

Such conditions may be modified where circumstances warrant after a hearing by the Planning Commission.

3.

In addition to the above requirements, all residential planned development (P-D) projects shall include in the required covenants, conditions and restrictions (CC&Rs) or other similar recorded instrument the following statement. This statement is intended to notify all prospective property owners of certain limitations on construction to residential dwellings contained in planned development projects.

a.

"All residential dwellings within this project were designed and approved under a precise plan, planned development (P-D) concept. As a result, some of the project lots and yard areas are smaller than would ordinarily be allowed under the development standards contained in the Rosemead Zoning Code."

b.

"Purchasers of project dwellings are hereby notified that they should not assume that they will be able to gain city of Rosemead approval for any further building on any smaller-than-standard lot. Applications for room additions, patio enclosures, etc., will be reviewed on a case-by-case basis. Further information is available from the city of Rosemead Planning Department during regular business hours."

Modification of the Development Plan. Changes in the use shown in the Development Plan shall be considered in like manner as changes in the Zoning Map and shall be made in accordance with the procedures set forth in this Title, except such changes may be accomplished by a resolution rather than by ordinance.

F.

Area.

1.

A P-D zone shall include a parcel of land containing not less than one acre (forty-three thousand five hundred sixty (43,560) square feet). A P-D zone may be considered on a parcel of land less than one acre in area only where such property has a common boundary with property which has previously been developed under an approved plan pursuant to this chapter and the plan shall indicate that the proposed development will constitute an orderly extension in arrangement of buildings, facilities and open space throughout the combined parcels of land in addition to all other requirements for approval.

2.

The proposed density of a residential planned development shall be consistent with the land use element of the General Plan.

G.

Phasing. If development is to be accomplished in stages the development plan shall coordinate improvement of the open space, the construction of buildings, structures and improvements in such open space, and the construction of dwelling units, in order that each development stage achieves a proportionate share of the total open space environmental quality of the total planned development.

H.

Nonresidential Planned Developments. Additional conditions containing reasonable regulations regarding traffic flow, access driveways, off-street parking, signs, walls, fences, paved areas, planting areas and other open areas may be required by the Planning Commission to assure a reasonable and compatible development in harmony with, and not detrimental to, the surrounding area.

I.

Signs Permitted in the P-D Zone. Other than as specifically set forth in this section, Chapter 17.116 (Signs) shall apply to the P-D zone.

1.

4.

If the project also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the Development Plan shall be exercised before the expiration of the tentative map, or the development plan shall expire and become void and of no further effect.

5.

Upon good cause shown by the applicant, the Planning Commission may extend the time limitation imposed by this chapter once, for a period of not to exceed one year, without a public hearing.

6.

Once a development plan has become void by failure to implement, or if no application for approval of a Development Plan has been filed within two years after classification of a property as P-D, it is the general policy of the Planning Commission to initiate amendment proceedings under this Title to rezone the project area to whatever zone it had prior to the P-D zone approval.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Chapter 17.28 - OVERLAY ZONES

17.28.010 - Purpose. ¶

The purpose of the individual overlay zones and the manner in which they are applied are as follows:

A.

Overlay Zone Districts. An overlay zone is a zoning district that applies special requirements to a portion of other zoning districts. The City of Rosemead has designated certain areas within the city to be subject to overlay zones in order to supplement the base zones in these areas with special purpose regulations. Each overlay zone specifies the uses and developments that are subject to such special requirements. Uses and developments not specified are subject only to the requirements of the base zone district.

B.

Design Overlay (D-O) Zone. The purpose of the design overlay zone is to promote orderly development so that buildings, structures, signs and landscaping will be harmonious within a specified area to prevent the development of structures or uses which are not of acceptable exterior design or appearance, are of inferior quality or likely to have a depreciating or negative effect on the local environment or surrounding area by reasons of use, design, appearance or other criteria affecting value.

C.

Residential/Commercial Mixed-Use Development Overlay (RC-MUDO) Zone. The purpose of the Residential/Commercial Mixed-Use Development Overlay Zone (RC-MUDO) is to provide opportunities for well-designed development projects that combine residential with nonresidential uses, including office, retail, business services, personal services, public spaces and uses, and other community amenities designated with the Mixed-Use land use designations in the City of Rosemead General Plan and consistent with the policy direction in the General Plan. The intent of this overlay zone is to accomplish the following objectives:

Create a viable, walkable, urban environment that encourages pedestrian activity and reduces dependence on the automobile through a streetscape that is connected, attractive, safe and engaging.

2.

Provide complementary residential and commercial uses within walking distance of each other.

3.

Develop an overall urban design framework to ensure that the quality, appearance and effects of buildings, improvements and uses are compatible with the City design criteria and goals.

4.

Create quality residential/commercial Mixed-Use development that maintains value through buildings with architectural qualities that create attractive street scenes and enhance the public realm.

5.

Provide a variety of open space, including private, recreation areas and public open space and parks.

6.

Revitalize commercial corridors with residential/commercial Mixed-Use developments that attract and encourage market-driven private investment.

7.

Encourage parking solutions that are incentives for creative planning and sustainable neighborhood design.

D.

Freeway Corridor Mixed-Use (FCMU) Overlay Zone. The purpose of the Freeway Corridor Mixed-Use (FCMU) Overlay Zone is to provide new opportunities for housing, economic revitalization, and attractive placemaking at strategic locations along primary City corridors that are in general proximity to Interstate 10 Freeway. The intent of the overlay zone is to accomplish the following objectives:

1.

Provide attractive gateway developments at key locations along Interstate 10 Freeway.

2.

Create opportunities for new Mixed-Use and standalone housing types and options at varying income levels.

3.

Encourage Mixed-Use commercial and residential developments that will serve as catalysts for new economic activity with services and employment that support the local community.

Establish development and design standards that contribute to community character and quality building designs.

5.

Enhance the public realm to provide an improved pedestrian environment and foster a greater sense of place.

6.

Promote reinvestment and redevelopment in the identified areas of the community.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 1001, § 6, 9-28-21)

17.28.020 - Design overlay zone.

A.

Jurisdiction.

1.

No building permit shall be issued for any building structure or other development of property or appurtenance thereto, on any property for which a precise plan of design is required, until the precise plan of design covering the parcel or parcels to be so used shall be approved and adopted as herein provided. Design review procedures shall be followed for all improvements requiring a building permit or visible changes in form, texture, color, exterior facade or landscaping.

a.

Exceptions. The following development shall be exempt from the design overlay standards:

1)

Residential, Commercial, Industrial, and Institutional. Minor structural repairs and maintenance to existing residential, commercial, industrial, and institutional structures provided such minor maintenance and repairs meet the standards of the underlying zone. Minor repairs and maintenance to nonconforming structures shall comply with Chapter 17.72 (Nonconforming Uses, Structures, Lots, and Parking Facilities).

2)

Commercial. Additions to existing commercial structures provided such additions do not exceed fifty (50) percent of the existing floor area or two thousand (2,000) square feet, whichever is less, and do not affect the front facade of the building.

3)

Industrial. Additions to existing industrial structures provided such additions do not exceed fifty (50) percent of the existing floor area or two thousand (2,000) square feet, whichever is less, and do not affect

the front facade of the building.

B. Application filing, processing, and review.

1.

Application Filing. An application for a Design Review shall be filed and processed in compliance with Chapter 17.120 (Applications and Processing). The application shall include the information and materials specified in the handout for Design Review applications, together with the required fee, as established by City Council resolution. It is the responsibility of the applicant to provide evidence to support the findings required by Subsection "C" (Findings and Decision) below. Initial review of the application, including time requirements and requests for information, shall be provided in accordance with Section 17.120.070 (Initial Application Review and Completeness).

2. Application Review.

a.

Each application for a Design Review shall be reviewed to ensure that the application is consistent with the purpose of this chapter; applicable development standards and regulations of this Zoning Code; and any adopted design guidelines and policies that may apply. Upon receipt of a complete application, the applicable review authority shall review the design, location, site plan configuration, and the effect of the proposed development on surrounding development by comparing the project plans to established development standards, regulations, and applicable design guidelines.

b.

If the Community Development Director determines that the plans conform to the provisions of this chapter, and the policies adopted by the City Council hereunder, the Community Development Director shall endorse his or her approval thereon in writing to the Planning Commission for them to approve, conditionally approve, or deny. When the plans for an approval do not substantially alter the appearance of the property, the only approval required shall be that of the Community Development Director. Nonsubstantial alterations include, but are not limited to:

1)

Façade or exterior improvements for property maintenance (inclusive of color changes that are primary building colors of existing buildings on the street);

2)

Fences and walls;

3)

Landscaping;

Restriping of parking lots;

5)

Signs (excluding new pole and monument signs);

6)

Sign face changes on existing pole and monument signs;

7)

Roof pitch changes that are consistent with the existing roof shape to accommodate electrical equipment, such as air condition units; and

8)

Screening of any mechanical equipment.

c.

After the Design Review application has been deemed complete, the review authority shall either approve or deny the precise plan of design and, if approved, may impose conditions deemed reasonable and necessary to protect the public health, safety and general welfare and ensure compliance with this chapter and various regulations of the City in compliance with Subsection "C" (Findings and Decision), below.

3.

Standards of Review. When reviewing development plans that are subject to a Design Review, the following criteria, in addition to other principles of good design, shall be considered as part of the review:

a.

Compatibility. Compatibility shall be determined by use of the following criteria:

1)

The proposed development should protect the development site as well as surrounding properties from noise, odor, vibration, and other impacts that might have an adverse impact.

2)

The location and configuration of structures should minimize interference with the privacy and views of occupants of surrounding structures.

b.

Architectural Design and Detail. Architectural design and detail shall be provided in all proposed development and shall be determined by the use of the following criteria and in compliance with all other

applicable provisions of this Zoning Code:

1)

New structure design is encouraged to follow a recognized and established architectural style utilizing massing, materials, details, and similar elements of that style.

2)

Long, plain, building walls should be avoided by incorporating building articulation (e.g., arcades, decks, material variation, porches, public art, roofline variation, varied setbacks, and windows) and other similar methods.

3)

Roof-mounted equipment shall be fully screened. Acceptable methods of screening may include parapet walls or some other creative feature such as an architectural solution. Individual equipment screens may only be used for structures after all other methods of screening have been explored.

4)

Rooflines on a structure should create design interest and be compatible throughout the structure and also with existing structures and surrounding development.

5)

The design of the structures, driveways, landscaping, lighting, loading facilities, parking areas, signs, solar facilities (except for solar energy systems under Chapter 15.10) and other site features should show proper consideration for the functional aspects of the site (such as, automobile, pedestrian and bicycle circulation) and the visual effect of the development on surrounding areas.

6)

Amenities (such as, arbors, architectural lighting, fountains, hardscape, public art, and trellis) and other design features should be provided on larger development projects.

7)

Green building practices should be used whenever feasible.

8)

Electrical rooms with switchgear and similar items should be located within an electrical room and integrated into the building footprint.

9)

Interior roof access shall be used.

Landscape, Lighting, Parking, Signs, and Other Design Details. Landscaping, lighting, parking, signs, and other design details shall be provided in all proposed development and shall be determined by use of the following criteria:

1)

Equipment and Utilities.

a)

Utility boxes and other similar equipment should be located where they are well screened from public view.

b)

Mechanical equipment on the site shall be appropriately screened from view.

2)

Fences/Walls.

a)

Fencing, walls, solid waste enclosures, and accessory structures should be harmonious with the principal structure and other structures on the site.

3)

Landscaping. Landscaping should be designed in a way as to accent the property. Special effort should be given to colorful, creative, and varied planting designs that use native and native-compatible species that provide visual interest and water efficiency. Attention shall be given to selecting parking lot trees that provide shade. All landscaping shall conform to the provisions of Chapter 13.08 (Water Efficient Landscapes).

d.

Lighting.

1)

Lighting shall be located so as to avoid glare and to reflect the light away from adjoining property and rights-of-way while recognizing the importance of security.

2)

Wall-mounted lighting fixtures should be decorative and be compatible with the architectural style of the structure(s). Wall packs and fixtures that spread uncontrolled light shall be prohibited.

3)

Pole-mounted lighting should be of an appropriate scale to compliment the structure that it serves. Wherever possible, decorative poles and fixtures should be used.

C.

Findings and Decisions. The Planning Commission or the Community Development Director where authorized, may approve, approve with conditions, or disapprove any application based on the following criteria:

1.

The plans indicate proper consideration for the relationship between the proposed building and site developments that exist or have been approved for the general neighborhood;

2.

The plan for the proposed building and site development indicates the manner in which the proposed development and surrounding properties are protected against noise, vibrations and other factors which may have an adverse effect on the environment, and the manner of screening mechanical equipment, trash, storage and loading areas;

3.

The proposed building or site development is not, in its exterior design and appearance, so at variance with the appearance of other existing buildings or site developments in the neighborhood as to cause the nature of the local environment to materially depreciate in appearance and value;

4.

The proposed building or structure is in harmony with the proposed developments on land in the general area, especially in those instances where buildings are within or adjacent to land shown on the General Plan as being part of the Civic Center or in public or educational use, or are within or immediately adjacent to land included within any precise plan which indicates building shape, size or style;

5.

The proposed development is in conformity with the standards of this Code and other applicable ordinances in so far as the location and appearance of the buildings and structures are involved; and

6.

The site plan and the design of the buildings, parking areas, signs, landscaping, luminaires and other site features indicates that proper consideration has been given to both the functional aspects of the site development, such as automobile and pedestrian circulation, and the visual effect of the development when viewed from the public streets.

D.

Appeals. The applicant or any person aggrieved by the decision of the Planning Commission may file an appeal to the City Council on any ruling by the Planning Commission by filing a written request in compliance with appeal procedures outlined in Chapter 17.160.

Issuance of Other Required Permits and Approvals.

1.

Grading shall not be commenced and no structure shall be altered, enlarged, erected, moved, or rebuilt subject to the provisions of this chapter, except in compliance with the approved development plans and the conditions imposed on the review.

2.

Expiration. Construction of improvements permitted by a Design Review approval shall be "exercised" or commenced within twelve (12) months of the actual date of approval, provided that this time limit may be increased or decreased, at the time of granting the approval, in order to allow the time limit to be concurrent with any other entitlement to construct identified in this Zoning Code.

3.

Extension. An extension of time for a Design Review maybe granted by the Planning Commission upon the written request of an interested person filed with the Community Development Department prior to the expiration of such 12-month period. Such request shall set forth the reasons, supported by factual data, why the plan has been unused, abandoned, or discontinued. No extension of time shall be granted unless the Commission finds the facts to be substantially true as set forth and to constitute justifiable cause for such extension. A fee shall be paid to the City upon the filing of each request for an extension in an amount established by the City Council from time to time by resolution, for the purpose of defraying the expenditures incidental to the proceedings set forth in this chapter.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 954, § 3, 8-11-15)

17.28.030 - Residential/commercial mixed-use development overlay (RC-MUDO) zone.

Applicability.

1.

The RC-MUDO is an overlay zone, which may be applied to existing zoning districts as designated in the General Plan.

2.

Land classified in a RC-MUDO overlay zone shall also be classified in another zone. When such a district is established, the Residential/Commercial Mixed-Use Development Overlay Zone shall be shown as an overlay to the underlying districts by the designation of RC-MUDO on the zoning map. A RC-MUDO may overlay several base districts, however, the uses permitted in each base district are limited to the boundaries of that base district, except as otherwise provided herein. The RC-MUDO Zone district shall provide the option of developing under the base zone district or developing a residential/commercial mixed-use development under the overlay zone.

3.

Residential/commercial mixed-use development shall be a development that combines and integrates residential uses with commercial, institutional, and office uses utilizing a strong pedestrian orientation. The mix of uses may be combined in a vertical residential/commercial mixed-use building or combined in separate buildings located on one property and/or under unified control. The mix of uses percentage shall be as designated in the General Plan.

B.

Approval Procedure.

1.

A precise plan of design for a residential/commercial mixed-use development shall be submitted, and approved in accordance with the requirements of Chapter 17.28, Section 17.28.020 (Design Overlay (D-O) Zone).

2.

The Site Plan and Design Review must comply with the provisions of this chapter and the Mixed-Use Design Guidelines.

3.

Only one application for a Site Plan and Design Review shall be required for a residential/commercial mixed-use development in the D Design Overlay Zone.

C.

Permitted Uses.

1.

The following uses are permitted in a residential/commercial mixed-use development: retail stores and businesses, provided there is no manufacturing, processing or treatment of products other than what is clearly incidental to the retail business conducted on the premises, and not more than twenty (20) percent of the floor area of the building shall be used in the manufacturing, processing or treatment of products, and that such operations or products are not objectionable due to noise, odor, dust smoke, vibration or other similar causes;

• Artist studios;

ATM facilities subject to the requirements of Section 17.28.030.E.2;

• Bakery products shops;

Banks, savings and loan associations, and financial institutions, excluding check cashing or other pay day loan services;
Barber shops, beauty shops and manicure parlors;
Book stores;
Clothing and shoe stores;
Confectionery retail shops;
Department and variety stores;
Drug stores and pharmacies;
Dry cleaning stores, drop-off and pick-up only;
Electric appliance stores and repairs;
Employment agencies;
Fabric and yardage stores;
Florist shops;
Food stores, bakery shops, delicatessens and markets;

• Furniture stores, limited to new furniture, except that used furniture taken in trade may be sold provided used furniture sales do not exceed twenty-five (25) percent of the gross floor area or twenty-five (25) percent of total retail floor area, whichever is less;

Grocery, fruit and vegetable stores;
Hardware stores;

• Health centers, and similar personal service establishments, with massage as an incidental use and occupying no more than twenty-five (25) percent of the floor area (Administrative Use Permit Required);

Hobby shops;
Interior decorating shops;
Jewelry stores;
Live/Work subject to the requirements of Section 17.30.210;
Music stores;
Paint stores;
Pet supply stores;
Photo-copy, printing, or office supply stores;
Photographic studio, supply shop, or film pick-up and drop-off point;
Radio and television stores and repair;
Restaurants, take-out and other eating establishments;
Retail sales of automotive parts without installation and no outside storage;
Self-service laundries subject to the requirements of Section 17.28.030.E.5;
Shoe stores or shoe repair shops;
Tailor, clothing or wearing apparel shops; and
Travel agencies.

The following professional and business office uses are permitted in a residential/commercial mixed-use development:

Accountant;
Acupuncturist and acupressure, without massage or retail sales;
Advertising agency;
Architect;
Attorney;
Auditor;
Bookkeeping service;
Business consultant;
Chiropodist;
Chiropractor;
Dental office;
Engineer;
Governmental buildings and offices;
Insurance agency;
Optician;
Optometrist;
Ophthalmologist;

• Osteopath;

• Physician;

Psychiatrist, Psychologist, or Counseling Services;
Real estate broker;
Secretarial service;
X-ray technician.

d.

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

b)

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

Outdoor Seating.

1)

No permanent seats or structures shall be placed in the public right-of-way without the review and approval of the City Engineer.

2)

Outdoor seating furniture shall not be located within the clear zone without prior review and approval of the City Engineer.

3)

Outdoor seating furniture shall be a minimum of ten (10) feet from the nearest transit stop.

4)

Any outdoor dining area may be separated from the sidewalk only with planters, shrubs, or fencing with a maximum height of forty-two (42) inches.

f.

2)

One guest parking space shall be provided for each two dwelling units in a multiple-family dwelling project;

3)

2)

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

8.

Landscaping.

A landscape and irrigation plan shall be prepared by a professional landscape architect and shall be submitted and approved by the Planning Division along with the application for a Site Plan and Design Review.

b.

All usable open space, such as pedestrian walkways, separations between buildings, yard areas, and common recreation areas shall be landscaped and provided with permanent, moisture-sensing devices, control timer, and underground irrigation systems.

c.

Said landscaping shall be developed in accordance with the submitted and approved landscaping plan and shall include a plan for continued maintenance. The landscape plan shall satisfy the following requirements:

1)

The landscaping plan shall consist of a combination of trees, shrubs and groundcovers with careful consideration given to size at maturity.

2)

The minimum planting material size standards for identified landscaped or open areas are:

a)

Specimen size tree materials (30-inch box) shall be provided for the ultimate coverage of no less than ten (10) percent of the area to be devoted to landscaping, or ten (10) trees, whichever is greater.

b)

Tree material (15-gallon) shall be provided for the ultimate coverage of fifteen (15) percent of the area devoted to landscaping, or twenty (20) trees, whichever is greater.

c)

All shrubs shall be a minimum of five gallons in size and shall be used to enhance all entrances, walkways, building walls, and separation walls in a manner which compliments the entire project.

3)

The landscape and irrigation plan shall make use of moisture sensors and controlled timing devices in regard to landscape irrigation concept for one hundred (100) percent watering to all planted areas.

d.

Landscape design must incorporate energy and water conservation measures, and comply with RMC Chapter 13.08, Water-Efficient Landscapes, where applicable.

Non-deciduous trees shall be planted in uncovered surface parking lots at a minimum of one tree per ten (10) spaces or to provide a fifty (50) percent shade canopy coverage within a minimum of ten (10) years after planting. All trees within the parking area shall be a minimum of 24-inch box size at planting. However, larger trees (e.g., 36-inch box and 48-inch box) may be required by the Planning Commission. Each tree shall have a deep root watering system and a root barrier.

f.

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

9.

On-Site Facilities.

a.

A laundry area shall be provided in each unit, or a common laundry area shall be provided. Such facilities shall consist of not less than one automatic washer and dryer for each five units or fraction thereof.

b.

A single area of private and secure storage space shall be provided for each dwelling unit. Such storage may be co-located with a utility closet so long as the required storage space remains clear of mechanical equipment and appurtenances, be located outside of the unit accessible from a common hallway or balcony/patio, or in the garage, provided it does not interfere with automobile parking.

Setbacks.

1)

Interior Lot Lines. The minimum setback area from an interior side lot line may be zero but shall be a minimum of ten (10) feet if more than zero. If the site abuts residential uses, school or park a minimum 10foot setback is required.

2)

Side Street. No minimum setback is required except where rear of lot abuts side of residential uses, school or park, in which case a setback of twenty (20) feet shall be maintained within twenty-five (25) feet of the

established common property line. This required setback area may be used to meet the landscaping requirements, or for required open space, so long as all other provisions in this Code are satisfied.

3)

Rear.

a)

If the site abuts residential uses, school or park a minimum ten-foot setback is required.

b)

If the site abuts nonresidential uses, the minimum setback from the rear lot line may be zero but shall be a minimum of ten (10) feet if more than zero.

(1)

If the site abuts an alley, the minimum setback from the property line shall be ten (10) feet, provided the setback does not contain an egress or ingress access way to or from a covered parking structure. If an egress or ingress access way is provided to or from a covered parking structure, the minimum setback from the property line shall be twenty (20) feet within the access way area.

4)

Front.

a)

The front setback on an arterial street may be zero with a maximum setback of three feet.

b)

In any case where the public sidewalk setback results in a greater setback, the sidewalk setback shall prevail.

c)

The setback area for the ground floor may be expanded beyond three feet up to an additional ten (10) feet to provide enhanced building entrances, outdoor dining areas, courtyards, pedestrian arcades, and/or landscaping, etc.

5)

Parking Lot Abutting Public Street. Any area of a surface parking lot that abuts a public street shall be set back from the sidewalk a minimum of ten (10) feet and screened by landscaping and a decorative threefoot high masonry wall. Landscaping shall include trees planted a maximum of twenty-five (25) feet on center and other plantings to achieve sixty (60) percent ground coverage within two years of planting.

b.

Residential portions of the project shall be designed to limit the interior noise caused by the commercial and parking elements of the development. Proper design may include, but shall not be limited to, building orientation, double or extra-strength windows, wall and ceiling insulation, and orientation and insulation of vents.

17.

Architecture.

a.

Ground Floor Facade.

1)

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

2)

A building shall have no more than twenty (20) feet of continuous linear street-level frontage that is without windows or entrances or other architectural detail.

3)

A minimum of fifty (50) percent of the ground floor facade facing any arterial street to a height of eight feet shall be visually transparent into the building or provide a minimum depth of three feet for window merchandise display. Any deviation may be reviewed and approved by the Community Development Director.

b.

Window Placement. Windows of residential units in residential/commercial mixed-use developments shall not directly face windows of other residential units within the residential/commercial mixed-use development, unless there is a distance of eighty (80) feet or more between such windows. Windows of residential/commercial mixed-use developments shall not directly face windows of residential units on lots that abut the residential/commercial mixed-use development in order to maximize privacy.

c.

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

18.

Signs.

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

b.

Permitted sign types shall be limited to wall, window, awning and monument signs and shall not be located above the first floor.

c.

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

d.

Pole signs shall be prohibited.

e.

A monument sign shall be used only to identify multiple businesses in the commercial portion of a residential/commercial mixed-use development based on the following criteria:

1)

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

2)

The entire sign structure shall be considered as sign area.

3)

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

4)

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

5)

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

6)

Sign copy shall be back-lighted or indirectly lighted.

7)

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

Developments that construct buildings that exceed minimum statewide energy construction requirements beyond Title 24 energy requirements.

c.

Developments that employ passive heating and cooling design strategies to the maximum extent feasible. Strategies to be considered include orientation; natural ventilation, including cross-ventilation in residential units, high insulation values, energy efficient windows including high performance glass, light-colored or high-albedo (reflective) roofing and exterior walls, window shading, and landscaping that provides shading during appropriate seasons.

d.

Developments that implement U.S. EPA Certified Water Sense labeled or equivalent faucets and highefficiency toilets (HETs) in residential uses, and implement water conserving shower heads to the extent feasible.

e.

c.

The display of no more than three of any of the following flags shall be permitted at the same time at any single location on a residential/commercial mixed-use development:

1)

The flag of the United States;

2)

The flag of the state of California or its political subdivisions.

7.

Used Goods.

Used goods, furniture, appliances, equipment and machinery may not be displayed or sold unless such goods have been taken in trade on new sales made at the same location.

b.

All sales of used goods, furniture, appliances, equipment and machinery shall be incidental to the permitted uses of the overlay zone and shall be a minor part of the business conducted on the premises.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 1000, §§ 3, 5, 6, 9-28-21; Ord. 1009 , § 2, 4-12-22)

17.28.040 - Freeway Corridor Mixed-Use (FCMU) Overlay Zone.

A.

Applicability.

1.

The FCMU is an overlay zone that applies to all use and development of properties within the boundaries of the FCMU Overlay. It may be applied to existing zoning districts, as designated in the General Plan. Land classified in the FCMU Overlay shall also be classified in another zone. When such a district is established, the FCMU Overlay shall be shown as an overlay to the underlying districts by the designation of FCMU Overlay on the City zoning map.

B.

Approval Procedure and Permit Requirements.

1.

Proposed developments within the FCMU Overlay will be reviewed pursuant to established development review processes within the City's Municipal Code. In addition, proposed developments will be required to adhere the City's Municipal Code regulations and processes for other types of discretionary review such as those for variances, subdivisions, etc., as may be applicable. The following requirements outline the process for submitting an application under the FCMU Overlay.

a.

Projects shall follow the permitting requirements outlined in RMC Chapter 17.136 - Site Plan and Design Review.

b.

Unless a discretionary use is proposed as part of a project, as noted in Chapter 2, Section 4, projects shall be processed according to RMC 17.136.030.B—Administrative Staff Review.

C.

Permitted Uses.

The following land uses identified in the table below apply to individual properties based on the location and application of the FCMU Overlay zones. For ease of reference, land uses are grouped based on the general use category. Property owners, developers, and applicants should refer to the Freeway Corridor Mixed-Use Overlay document to verify their property's relevant FCMU Overlay zone.

2.

The Community Development Director, or designee, may determine that a proposed use that is not specifically listed in the table below is in keeping with the vision and intent for the FCMU Overlay and therefore may be allowed if it meets all of the following criteria:

a.

The characteristics of and activities associated with the proposed use is similar to one or more of the permitted uses in the table below, and will not involve substantially greater intensity than the other uses permitted within the FCMU Overlay;

b.

The proposed use will be consistent with the purpose and intent of the FCMU Overlay;

c.

The proposed use will be compatible with the other uses listed for the FCMU Overlay.

	FCMU-C	FCMU-B	NOTES
	Residential Uses
Home Occupations, including Cottage Food Operations	P	P
Live/Work	P	P	Refer to RMC Section 17.30.210 - Live/Work
Multi-Family Dwellings (standalone)	P	P
Multi-Family Dwellings (as part of a Mixed-Use Project)	P	P
Residential Accessory Uses and Structures	P	P
Single Room Occupancy	CUP	CUP
Veteran Housing	P	P
Small Lot Subdivision	P	P
---	---	---	---
Supportive Housing	P	P
Transitional Housing	P	P
	Care	Uses
Child care, small	P	P
Child care, large	AUP	AUP
Residential Care Facilities (6 or fewer)	P	-
Residential Care Facilities (7 or more)	CUP	-
	Public and Civic
Colleges and Universities	-	P
Community Garden	P	P
Cultural Institutions	CUP	CUP
Educational Institution (Private)	CUP	CUP
Park and Recreation Facilities	P	P
Places of Religious Assembly	CUP	-
Public Utility Facilities	AUP	AUP
Telecommunication Facilities/ Wireless Telecommunication Facilities	CUP	CUP
	Commercial
Animal Grooming Services	P	P
Automobile Car Wash/ Detailing	-	-
Automobile Sales/Rentals - New or Used	-	-
Automobile Service Station	-	-
---	---	---	---
Eating and Drinking Establishments: Drive- Thrus	P	P	Drive-thru access aisles should provide sufcient space before the menu board(s) to accommodate at least 5 waiting vehicles and at least 5 waiting vehicles between the menu board(s) and the drive- up service window.
Eating and Drinking Establishments: No Alcoholic Beverage Sales	P	P
Eating and Drinking Establishments: With "On Sale" ABC License	CUP	CUP	A sit-down restaurant larger than 1,000 s.f. is permitted to serve beer/wine with an AUP, provided that a valid license from the CA Dept. of Alcoholic Beverage Control is obtained. See RMC 17.30.040 for additional information related to alcohol beverages sales and RMC 17.04.050 for defnition of sit-down restaurant.
Financial Services	P	P
Food and Beverage Retail Sales	P	P
Health/Fitness Club (small)	P	P
Health/Fitness Club (large)	AUP	AUP
Motel (49 or less guest rooms)	-	-
Hotel (50+ guest rooms)	CUP	CUP
---	---	---	---
Medical Ofce	P	P
Ofce	P	P
Personal Care, Barber and Beauty Shop	P	P	Massage use is not permitted in any overlay zones.
Personal Care, Nail Salon	P	P
Personal Care, Beauty Health Spa/Health Centers	AUP	AUP	Massage as an incidental use and occupying no more than 25% of the foor area.
Repair Service (including bicycles, excluding automotive)	P	P
Retail Sales (General)	P	P
Outdoor/Sidewalk Dining (accessory use to eating and drinking establishments)	P	P	Refer to Section 3.1.4.
Tutoring Services (small)	P	P
Tutoring Services (large)	AUP	AUP
Veterinary	P	P
	Accessory
Height Exception for Roof Projections	AUP	AUP	Parapet not to exceed 5 feet in height to screen rooftop equipment and structures from public view. If the rooftop is accessible to the public (e.g., open space, recreational amenities, etc.), a 5 foot wide landscaped planter shall be constructed along the inside perimeter of the parapet for
			additional screening from the public view.
---	---	---	---
			Projections to allow rooftop access and use amenities with maximum height of 10 feet (e.g., elevator housing, stairways, trellis, etc.) may be allowed by the Community Development Director subject to the approval of an AUP application.
Tour Bus Parking (Hotel Only)	P	P	2 parking spaces designed for and identifed as "tour bus parking only" are required to be provided by a hotel facility.

"-" - Not Permitted

P - Permitted Use

AUP - Administrative Use Permit CUP - Conditional Use Permit

D.

Development Standards.

1.

The following development standards identified below apply to individual properties based on the location and application of the designated FCMU Overlay zones. Property owners, developers, and applicants should refer to the Freeway Corridor Mixed-Use Overlay document to verify their property's relevant FCMU Overlay zone.

	FCMU-C	FCMU-B	Notes
Minimum Lot Size (excluding existing legal nonconforming lots)	10,000 s.f.	30,000 s.f.	For Small Lot Subdivision, see development standards on page 25.
Minimum Density	20 du/ac	30 du/ac
Maximum Density	40—60 du/ac
---	---	---
Maximum Floor Area Ratio	3.0
Land Use Mix Requirement for Mixed- Use	65% residential, 35% non-residential	1. Up to 5% of the non- residential land use mix requirement may be satisfed by the provision of common residential laundry, mail, or other common usable space located at ground level and facing the street, as approved by the Community Development Director. 2. Deviations from the land use percentage mix up to 10% may be approved by the Director of Community Development. 3. Additional deviations from the land use percentage mix up to 20% may be allowed through the provision of the Community Benefts Program. Refer to 17.28.040.F.
Maximum Height	Mixed-Use: 65 ft. Residential: 35 ft.	1. No story requirement. Story requirements of underlying base zone does not apply. 2. Up to 5 ft. beyond the height limit is allowed for unique architectural elements as determined by the Community Development Director. Parapets (up to 5 ft. in height) may be permitted for buildings with roof access. To
			alleviate bulk and mass, parapets shall be set in equal to the height of the parapet or shall consist of a diferent material from the building wall, per approval by the Community Development Director.
---	---	---	---
Ground Floor Minimum Height Minimum Glazing	14 ft. 50%		Residential only projects are exempt from the 14 ft. minimum ground foor height requirement.
Setbacks
Front	MU: 0 ft. Res: 10 ft. min.		For small lot development under 10,000 s.f., porches, stoops, or other building frontage types serving as an entry to a residential unit(s) may encroach 5 ft. into the required front setback.
Side	MU: 0 ft. Res: 5 ft. min.
Side Adjacent to R-1 or R-2 Zones	10 ft. min.; A wall plane over 2 stories shall be setback 15 ft. min. from the property line; A wall plane over 3 stories shall be setback 20 ft. min. from the property line.		1. Refer to Exhibit 1 on page 26. 2. Properties located along an alley, where the alley separates said property from an adjacent R-1 or R-2 zone, are not required to comply with this requirement.
Rear	Mixed-Use: 20 ft. min. Residential: 20 ft. min.
Rear Adjacent to R-1 or R-2 Zones	20 ft. min.; A minimum of 30 percent of the wall plane over 2 stories shall be setback 25 ft. from	1. Refer to Exhibit 2 on page 26. 2. Properties located along an alley, where the
	the property line; A minimum of 50 percent of the wall plane over 3 stories shall be setback 30 ft. from the property line.	alley separates said property from an adjacent R-1 or R-2 zone, are not required to comply with this requirement.
---	---	---	---
Open Space
Minimum Common	150 s.f./du	150 s.f./du
Minimum Private	50 s.f./du	60 s.f./du
Minimum Landscaping	6%
Small Lot Subdivision
	Dwelling Unit Per Lot: 1 Minimum Lot Area: 1,250 s.f. Minimum Lot Width: 20 ft. Minimum Lot Depth: 50 ft. Maximum Lot Coverage: 70% of the small lot

==> picture [457 x 212] intentionally omitted <==

Parking Standards

Residential (including guest). For residential portion, project shall provide no less than 1.0 spaces/du.

Studio and One Bedroom	1	space/du	1. All stalls shall be double
			striped and standard sized.
		2. The required parking stalls may include up to 25% of the total stalls as compact parking. 3. Required residential guest parking may be shared with the non-residential portion of a mixed-use project. 4. For small lot development under 10,000 s.f., guest parking may be reduced to 0.25 spaces/du with approval by the Community Development
---	---	---
Two-Bedroom +	2 spaces/du
Guest	0.5 spaces/du
Live/Work	Refer to RMC Section 17.30.110
Non-Residential		~~Director.~~
Restaurant <2,500 s.f.	1 space/400 s.f.	1. All stalls shall be double striped and standard sized.
Restaurant >2,500 s.f.	1 space/200 s.f.	2. The required parking stalls may include up to 25% of the total stalls as compact parking
Non-Residential (no restaurant/hotel)	1 space/400 s.f.	. 3. For small lot development under 10,000 s.f., on-street
Hotel	1 space/Sleeping Unit; plus 1 space/50 s.f. of meeting room, exhibition space, dance hall 1 space/300 s.f. of restaurant 1 space/400 s.f. of all other uses	parking spaces may be counted towards the non- residential parking requirements. Only full- length on-street parking spaces along the parcel frontage will be lid
Shopping Center	A shopping center that has 4 or less tenants is parked by use. If a shopping center has more than 4 tenants, then it is parked at the following ratios: Up to 100,000 s.f. of foor area: 1 space/250 s.f. Over 100,000 s.f. of foor area: 1 space/280 s.f.	appe.
Driveways
One-Way Two-Way	Min. 14-ft., Max. 20-ft. Min. 24-ft., Max. 30-ft.	For existing parcels under 10,000 s.f., driveway widths shall be governed by RMC 17.112.090.

Design Standards. The following site and building design standards identified below apply to all properties within the FCMU Overlay.

1.

Site Design.

a.

Access and Parking.

1)

Vehicular access for corner lots shall be from a side street or from an alley, if feasible.

2)

Access to parking on interior lots shall only have one vehicular access point unless the property has more than three hundred (300) feet or more of street frontage.

3)

Up to thirty (30) percent of required parking may be located along a public street frontage. All other required parking shall not be located between any building and public street frontage.

4)

Residential parking shall be separate from non-residential parking and accessed through a secure gated entrance. However, parking areas for required residential guest parking may be combined with required non-residential parking.

5)

On-site parking that is visible from streets and sidewalks or located along rear, side, or interior lot lines shall be buffered from the street, sidewalk, or lot line by a minimum five feet in-depth landscape buffer. Further, parking that is visible from the public right-of-way shall be buffered from the street, sidewalk or lot line by a minimum five feet in-depth landscape buffer that includes a decorative wall no higher than three feet to screen the vehicles.

6)

Tandem parking within allowed parking areas may be allowed with an AUP for Multi-Family projects and the residential component of Mixed-Use projects. Tandem parking is permitted for nonresidential uses. When a nonresidential use's tandem parking is permitted, an affidavit shall be signed for the valet parking use.

7)

On the same premises with every building, structure or part thereof erected or occupied for manufacturing, storage, warehouse, goods display, department store, wholesale or retail market, hotel, restaurant, hospital, laundry, dry cleaning plant, or other uses similarly involving the receipt or distribution of vehicles carrying

materials or merchandise, there shall be provided and maintained on the lot a minimum of one off-street or off-alley loading space for each six thousand (6,000) square feet of floor area of building for standing, loading and unloading services in order to avoid undue interference with the public use of the streets or alleys. Required loading space may be included within the required parking space adjacent to a building.

8)

Parking stalls shall be striped with three inch double lines, six inches apart. The stall width shall be measured from the center point of each double striped marking.

9)

Customer parking shall be a minimum dimension of nine feet wide by eighteen (18) feet deep. Parking stalls may overhang landscape planters by two feet.

10)

Compact car parking standards. The use of compact car parking shall be allowed only for manufacturing, industrial, commercial and office uses. The number of compact car parking stalls may consist of twentyfive (25) percent of the total number of required parking stalls. Each compact car parking space shall be eight feet wide and sixteen (16) feet long. All stalls must be identified by painting "Compact" in each stall using letters no less than ten (10) inches in height. Support columns and/or lighting standards shall not intrude into the minimum dimensions. Compact car parking shall be, as much as is practical, grouped in a common location subject to the approval of the Community Development Director.

11)

Support columns and/or lighting standards shall not intrude into the minimum parking stall dimensions. Where a parking stall is located abutting a wall, column, or similar structure, the stall width shall be increased by two feet.

12)

Design standards for handicapped parking stalls shall be provided in accordance with accepted State standards and shall be considered as part of the parking space requirements for the given facility.

b.

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

1)

Public Open Space.

a)

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

Open space amenities for public use such as trees, seating, and recreational amenities should be provided in open space. High quality porous pavers, porous concrete or other porous paving materials shall be used for all plazas and hardscape. Shade trees should be provided in all open space. Parks and greenways should be designed with high-quality benches, lighting, paving, and landscaping.

c)

Community benefit incentives are available for providing more usable public open space than is required, see RMC Section 17.28.040.E.

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. All landscaping should use high-quality materials.

2)

Usable 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 and alleys, and shall not include or incorporate any driveways or parking areas, trash pickup or storage areas, pool equipment, or utility areas.

c)

Usable common open space may be provided on a rooftop where mechanical equipment is located, if the open space is adequately mitigated for noise, odor, vibration, or other impact and is approved by the Community Development Director and Building Official.

d)

e)

Courtyards internal to a project, or enclosed on at least two sides, shall have a minimum width of forty (40) feet, for lots more than sixty (60) feet in width and twenty (20) feet in width for lots less than sixty (60) feet in width 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.

f)

All required usable common open space shall be developed and professionally maintained in accordance with approved landscape and irrigation. All landscaping should use high-quality materials.

g)

Usable common open space may include libraries, gymnasiums, or recreation rooms.

3)

Usable Private Open Space.

a)

b)

Usable private open space must be open air, not fully enclosed with walls. Usable private open space may be enclosed with a three foot high wrought iron rail, partial wall, or other complementary material as permitted by the Community Development Director. Usable private open spaces 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.

c.

Landscaping.

1)

All landscape and irrigation plans shall comply with the requirements found in RMC Chapter 13.08 - Water Efficient Landscapes.

2)

Landscape plans shall consist of a combination of trees, shrubs, and groundcover.

a)

Tree material shall be a minimum of fifteen (15) gallons in size and comprise a minimum of fifteen (15) percent of the area devoted to landscaping.

All shrubs shall be a minimum of five gallons in size.

Where loading areas are proposed On-site, they shall be clearly marked and identifiable.

g.

Mechanical Equipment, Loading Zones, and Service Area Screening.

1)

c)

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

d)

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

e)

f)

Sign copy shall be backlighted or indirectly lighted.

g)

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

h)

A maximum of one sign per development.

i)

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

5)

For a list of prohibited sign types within the FCMU Overlay, refer to RMC 17.116.050.

2.

Building Design.

a.

Good Neighbor.

1)

Buildings shall be designed to maximize privacy of adjacent R-1 and R-2 zoned properties through appropriate placement of windows, doors, decks, roof decks, and balconies.

2)

Windows shall be located so that sight lines maximize privacy on adjacent R-1 and R-2 zoned properties. Translucent/obscured glass or windows with higher sills may be utilized to allow for interior illumination while maintaining privacy.

3)

Architectural elements that add visual interest, scale, and character shall be provided. Architectural elements include but are not limited to balconies, awnings, shutters, window/door detailing, and trellises, among other potential design interventions.

3)

Use of a minimum of two high-quality materials like smooth finish stucco, brick, wood, metal, and stone are encouraged.

4)

Anti-graffiti paint or coatings shall be used on street-facing facades of primary buildings and accessory structures for the first two stories.

Roofs.

1)

Buildings with flat or low-pitched roofs shall incorporate parapets or other architectural elements to break up long horizontal rooflines.

2)

Hipped or gabled roofs covering an entire building are preferred to mansard roofs and segments of pitched roofs applied at the building edge.

3)

Parapets shall be well-detailed, three-dimensional, and of substantial size to complement the building design. Parapets shall include a minimum of one of the following elements: pre-cast elements, continuous banding or projecting cornice, dentils, caps, corner details, or variety in pitch (sculpted).

4)

Penthouses, parapets, stair and elevator enclosures, and air conditioning units and other mechanical equipment shall be fully integrated into the overall architectural design of the building and/or through the use of equivalent materials and colors that match the overall design. All rooftop mechanical components shall be fully screened from the view of public rights-of-way and residentially zoned properties.

f.

Windows and Doors.

1)

Windows and doors shall be selected to complement the selected architectural style.

Windows shall be articulated with accent trim, sills, shutters, and/or other elements appropriate to the architectural style of the building.

3)

Where appropriate to the architectural style, windows shall be setback into walls to create distinct patterns of shade and shadow.

4)

The street-level building frontage shall continue for no more than twenty (20) feet without windows, entrances, or other architectural detailing.

5)

A minimum of fifty (50) of the ground floor façade facing any street to a height of eight feet shall be visually transparent into the building.

6)

Anti-graffiti glass or film shall be used on street-facing windows and doors of primary buildings and accessory structures for the first two stories.

g.

Entrances.

1)

Primary entries shall be clearly identifiable through the use of enhanced design elements, which shall include a minimum of two of the following: materials/colors, window/door type, awning, and signage, among other possible design interventions.

2)

Where multiple uses are proposed within a building, separate and secure ground floor access entries shall be provided for each use, with entry design differentiated between the residential and non-residential uses.

3)

Ground floor design shall be high-quality and pedestrian-oriented. Storefront configurations and details providing a sense of human scale, variety, and interest within the overall context of buildings, bays and groupings of bays are encouraged. Details may include but are not limited to recessed entries at storefronts, recessed storefronts, display windows, projecting bays, integral awning, utilization of true dividing mullions, transoms over entries, and/or integral signs and sign boards.

4)

Storefronts and usable non-residential space shall be located along the required ground floor street frontages of buildings and shall have a minimum usable depth of forty (40) feet along sixty (60) percent of

the length of the building frontage and shall in no case be less than twenty (20) feet in depth. For small lots under ten thousand (10,000) square feet, storefronts and usable non-residential space shall be located along the required ground floor street frontages of buildings and shall have a minimum usable depth of thirty (30) feet along sixty (60) percent of the length of the building frontage and shall in no case be less than fifteen (15) feet in depth. At a corner lot where storefronts and non-residential uses are proposed, storefronts and non-residential spaces shall turn and wrap around the corner for a minimum length of twenty (20) feet.

5)

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. 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 and should be designed to be integral to the architecture of the building and opening. 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 and sidewalk; the grill work, regardless of installation method, shall be at least eighty (80) percent open to perpendicular view. Fixed decorative grillwork and railings are allowed at the ground floor and shall be at least eighty (80) percent open to perpendicular view.

h.

On-site Facilities.

1)

A private and secure storage space shall be provided for each dwelling unit within a development. Location of required storage space is preferred within the unit, however, it may be located outside of the unit. If required storage space is located outside the unit, it must be accessible from a common hallway, private balcony/patio, or in a garage. Storage shall be fully enclosed and not visible.

i.

Encroachments.

1)

No part of a structure, permanent attachment, and/or other similar architectural feature may extend into a required yard or minimum distance between buildings for more than two feet.

2)

No part of a structure, permanent attachment, and/or other similar architectural feature may extend into the public right-of-way without approval of an encroachment permit by the Public Works Department.

F.

Community Benefits Program. The FCMU Overlay provides optional opportunities for increased development intensity concurrently with the delivery of public improvements or other community benefits to

satisfy the increased demand for community benefits that come with Mixed-Use developments. The FCMU Overlay Community Benefits Program is applicable to all properties within the FCMU Overlay.

Each zone in the FCMU has development standards detailing the permitted floor area ratio and dwelling units per acre allowed by right. A developer or property owner can increase the floor area ratio and dwelling units per acre allowed by right in each zone, subject to the delivery of additional amenities by the developer or property owner. 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 FCMU Overlay Community Benefit Program is based on a point system. Each community benefit type is assigned a number of points, as described in in the table below. A project may earn points from a single, or multiple categories, depending on the applicant's preference. The number of points received is then translated into increased height, floor area ratio, and dwelling units per acre. The increases vary by zone and land use type, as shown in the table below.

City staff will be responsible for determining points awarded to an applicant when community benefits are provided and an increase in development intensity is requested. When community benefits are proposed to be included as part of a project proposal and an increase in development intensity is requested, City staff shall prepare administrative findings that validate and quantify the amount of community benefits proposed and subsequently the increase in development intensity allowed. Findings shall also address that the community benefits proposed are consistent with community goals, as envisioned in this FCMU Overlay and in the General Plan.

and an increase in development intensity is requested, City staff shall prepare administrative findings that validate and quantify the amount of community benefits proposed and subsequently the increase in development intensity allowed. Findings shall also address that the community benefits proposed are consistent with community goals, as envisioned in this FCMU Overlay and in the General Plan.

Type of Beneft Provided	Maximum Points	Basis for Calculating Points
Lot Consolidation	25	Consolidation of small or undersized properties. For every 1 or more parcels that are consolidated into a single parcel and recorded with the City, 25 points will be awarded.
Public Open Spaces	40	For 10% or more of the site area, the public open space(s) provided is landscaped, provides shade trees, seating areas, bicycle racks, trash receptacles, and/or other amenities. Public open spaces to be located at street level and accessible to the public may be in the form of plaza, park, courtyard, or paseo.
Public Art	30	Inclusion of art/cultural spaces or uses within development projects. Must equal 5% of the construction value of the project.
Family Friendly Development	20	Provide more than 10% of total housing units as 3 bedrooms or larger.
Non-Residential Component of Mixed- Use	20	Average commercial tenant size spaces of 2,000 square feet or more to provide national or regional tenant opportunities. The project will receive a 5% increase in residential to make the split 70% residential to 30% commercial.
Public Parking	30	Publicly accessible parking spaces provided in excess of minimum On-site required parking. For every 1 standard parking space marked for public use and made permanently available, 2 points will be awarded.
---	---	---
Sustainable Design	20	Building achieves CALGreen Tier 1, or equivalent certifcation.
Veteran Housing	25	Provision of deed-restricted housing units within a development, whether for sale or for rent, that are made available to veterans at the moderate-income level or below, as defned by the U.S. Department of Housing and Urban Development. For every veteran's unit provided, 25 points will be awarded.
Maximum FAR or Density Permitted with the Provision of Community Benefts	Maximum FAR or Density Permitted with the Provision of Community Benefts	Maximum FAR or Density Permitted with the Provision of Community Benefts
---	---	---
Points Earned	All FCMU Zones
	Commercial Land Use	Mixed-Use/Residential Land Use
	FAR	Density
0	0.35	60
1-20	0.60	67
21-40	0.60	74
41-60	0.60	81
61-80	0.60	88
81-100	0.60	95
Note: Community Benefts Program Points totaling 21 points and above may be applied for additional fexibility in the land use percentage mix up to 20%.

G.

Density Bonus. As provided by SB 1818—State Density Bonus Law and outlined locally for implementation in RMC Chapter 17.84—Density Bonus, applicants may choose to apply for a density bonus as part of a project proposal within FCMU Overlay designated zones, so long as the residential or mixed-use development includes five or more dwelling units. As noted in the RMC 17.84, projects requesting density bonuses, concessions, and/or incentives are required to be approved by the City Council and subject to the provisions of RMC Section 17.84.140 and other applicable requirements of the RMC. Applicants interested in pursuing a density bonus as part of their project should refer to the relevant requirements

outlined in RMC Chapter 17.84. If a density bonus under SB 1818 is granted, a density or intensity bonus associated with the provision of community benefits will not be granted.

H.

Urban Design.

1.

Public Realm. The public realm refers to the area from the back of the curb to the face of a building. The following design standards have been provided to guide the design of the public realm in support of providing an enhanced and enjoyable public realm for residents, visitors and the community at large.

a.

Sidewalks. An interconnected sidewalk network provides safe and convenient access for use by pedestrians, while also providing opportunities for the provision of pedestrian amenities. The following sidewalk requirements are applicable to all projects within the FCMU Overlay.

1)

The 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/or a recorded pedestrian access and utility easement.

2)

The 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 public 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 clear zone shall be unobstructed by any permanent element for a minimum width of seven feet and a minimum height of eight feet. However, outdoor/sidewalk dining, a nonpermanent element, may be allowed as outlined in RMC Section 17.28.040.F.4.

4)

The amenity zone may include street trees, landscaping, public signs, public art, street lighting, street furniture, and/or other pedestrian-oriented amenities.

b.

Street Trees. Street trees provide a consistent character along roadways, providing both functional and aesthetic attributes to the built environment. The following street tree requirements are applicable to all projects within the FCMU Overlay.

Street trees shall be selected based upon the prevailing street trees existing along the primary public roadway adjacent to a project site. Applicant should consult the City's Urban Forester to assist in determining the most appropriate street trees for a given project location.

2)

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

3)

Where mature trees are proposed to be removed as part of a project proposal, removal shall be subject to review and approval by the City's Urban Forester. Mature trees that are approved for removal shall be replaced as part of a project with a new tree that has at least a twenty-four (24) inch box and is consistent with the species to be removed and/or as may be approved by the City's Urban Forester.

c.

Streetscape Furnishings. Streetscape furnishings enliven the public realm and facilitate the creation of a "community living room." Streetscape furnishings include but are not limited to benches, trash cans, bicycle racks, public art, planters, and tree grates, among others.

1)

All streetscape furnishings proposed shall be reviewed and approved by the Public Works Department for durability of materials and ease of maintenance.

2)

Design and selection of streetscape furnishings shall consider the safety, security, convenience, and comfort of the user.

3)

Materials and colors of streetscape furnishing shall be selected to create a consistent and coherent aesthetic. Where streetscape furnishings have been recently installed adjacent to a proposed development, said development shall match the streetscape furnishings palette for consistency.

4)

Benches and trash receptacles shall be placed at an interval of two hundred (200) feet along primary street frontages.

5)

All streetscape furnishings shall be securely anchored to the ground and a graffiti-resistant coating applied to ensure longevity of installations.

Where appropriate, streetscape furnishings shall be ground together to facilitate more efficient use of parkway space.

d.

Outdoor/Sidewalk Dining. Outdoor/sidewalk dining promotes pedestrian activity and vibrancy of Mixed-Use areas and is encouraged within the FCMU Overlay area.

1)

Location.

a)

Outdoor/sidewalk dining, where permitted, may be located on the public right-of-way adjacent to the restaurant serving the outdoor/sidewalk dining. Approval for outdoor/sidewalk dining may be granted after review of the application by appropriate City departments and issuance of an encroachment permit or license agreement.

b)

All outdoor/sidewalk dining shall leave clear space for pedestrian movement between the outer edge of the dining and the curb line. Outdoor/sidewalk dining located at street intersections shall provide a fifteen (15) foot clear space radial to the corner. If pedestrian traffic is especially heavy, the Public Works Director may require additional clear space to ensure adequate room for pedestrian movements.

c)

No outdoor/sidewalk dining shall be located within fifteen (15) feet of a bus stop or bus shelter.

2)

Physical Design Requirements.

a)

All furnishings of outdoor/sidewalk dining including but not limited to tables, chairs and decorative accessories, shall be readily movable.

b)

No part of outdoor/sidewalk dining may be permanently attached to public space. The person to whom the business license for the dining is issued shall repair any damage done by the dining to public property.

c)

When an outdoor/sidewalk dining or the adjacent restaurant is occupied, no exit door shall be locked, bolted, or otherwise 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)

Outdoor/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 outdoor/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 twenty-four (24) inches in height but not higher than thirty-six (36) inches. Planters and/or plantings shall be maintained in a neat and orderly manner and shall not encroach past the approved outdoor/sidewalk dining area.

l)

Plank-style picnic tables with bench seating are not permitted.

3)

Dining Operation Requirements.

a)

Outdoor/sidewalk dining shall be operated and maintained in accordance with the applicant's building plans approved by the Community Development Director and the Public Works Director.

b)

The owner(s) shall be responsible for the removal of all wrappings, litter, and food and shall provide thorough and sanitary cleaning for outdoor/sidewalk dining area and the immediate surroundings of such area each day after the eating and drinking establishment closes.

c)

Outdoor/sidewalk dining shall not operate earlier than eight a.m. or later than twelve a.m. (midnight).

d)

If alcoholic beverages are permitted in the outdoor/sidewalk dining area by a Conditional Use Permit (CUP), a landscape separation shall be required to prevent the passing and/or carrying of alcoholic beverages out of the sidewalk area and signs noting such requirement shall be posted in conspicuous locations.

2.

Private Realm. The private realm refers to privately owned property. The following private realm design standards have been provided to guide the design of projects in furthering the character of and in support of the public realm.

a.

Corner Lot. The following applies to properties located at key intersection locations within the FCMU Overlay.

1)

Building architecture at intersection corners, where both streets have four lanes or more, shall receive special treatment to enhance the pedestrian experience and create visual interest within the built environment. Special treatments may include but are not limited to building cut-offs, corner entrances, tower elements, decorative landscaping, enhanced hardscape, and/or other design interventions.

2)

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

(Ord. No. 1001, § 7, 9-28-21)

Chapter 17.29 - FIRE HAZARD SEVERITY ZONES[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 1029, §§ 1—3, adopted June 10, 2025, enacted provisions relating to fire hazard severity zones at the editor's discretion, these provisions have been included as Ch. 17.29, §§ 17.29.010, 17.29.020.

17.29.010 - Fire hazard severity zone map adoption. ¶

The City of Rosemead hereby adopts the updated Fire Hazard Severity Zone Map, as designated and recommended by the State Fire Marshall and the California Dept of Forestry and Fire Protection, identifying areas within the city limits as moderate, high, and very high fire hazard severity zones.

(Ord. No. 1029, § 1, 6-10-25)

17.29.020 - Enforcement. ¶

The city shall enforce all applicable provisions of the California Building Standards Code, Title 24, Part 2, Chapter 7A, requiring ignition-resistant construction standards for all new construction and substantial remodels with the designated very high fire hazard severity zones.

The city shall enforce Government Code §§ 51175-51189, that ensure the Los Angeles County Fire Department is the agency responsible for enforcing defensible space regulations in designated fire hazard areas, particularly in very high fire hazard severity zones.

(Ord. No. 1029, §§ 2, 3, 6-10-25)

Article 3. - REGULATIONS FOR SPECIAL USES AND STRUCTURES Chapter 17.30 - STANDARDS FOR SPECIFIC LAND USES

17.30.010 - Purpose. ¶

This chapter provides site planning, development, and/or operating standards for certain land uses that are allowed by Article 2 (Zoning Districts, Allowable Land Uses, and Zone Specific Standards) within one or more zoning districts but that require special standards to mitigate their potential adverse impacts.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.30.020 - Applicability. ¶

The land uses and activities covered by this chapter shall comply with the provisions of the Sections applicable to the specific use, in addition to all other applicable provisions of this Zoning Code.

A.

Where Allowed. The uses that are subject to the standards in this Article shall be located in compliance with the requirements of Article 2 (Zoning Districts, Allowable Land Uses, and Zone Specific Standards).

B.

Land Use Permit Requirements. The uses that are subject to the standards in this Article shall be authorized by the land use permit required by Article 2, except where a land use permit requirement is established by this Article for a specific use.

C.

Development Standards. The standards for specific uses in this chapter supplement and are required in addition to those in Article 2 (Zoning Districts, Allowable Land Uses, and Zone Specific Standards) and the City Code. In the event of any conflict between the requirements of this chapter and those of Article 2, the requirements of this chapter shall control.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.30.030 - Adult businesses. ¶

A.

Purpose. The purpose of this chapter is to establish a comprehensive set of regulations applicable to the location of adult businesses within the City. The words and phrases used in this section are governed by the definitions contained in Chapters 5.08 and 5.10 of this Code. (Ord. No. 903, § 9, 4-12-11)

B.

Locational Requirements.

1.

Permitted Districts. Adult businesses are permitted in the M-1 Zone.

2.

Locational Standards. Adult businesses may not be located:

a.

Within five hundred (500) feet of any property zoned R-1, R-2, R-3, or any lot where there is an actual residential use within the City limits;

b.

Within five hundred (500) feet of any churches or other places used exclusively for religious worship, whether inside or outside of the City limits;

c.

Within five hundred (500) feet of any public or private school (grades K—12) or child care establishment, whether inside or outside the City limits;

d.

Within five hundred (500) feet of any public park or playground, or any city facility, including, but not limited to, city hall, the city library, and any police or fire station;

e.

Within five hundred (500) feet of any property upon which is located a business with a Type 40, 42, 48 or 61 on-site alcoholic beverage license;

f.

Within one thousand (1,000) feet of any other adult business, whether inside or outside the City limits;

g.

Within one thousand (1,000) feet of any massage establishment, whether inside or outside the City limits.

3.

The distances specified in this division section will be measured in a straight line, without regard to intervening structures, from the nearest property line of the premises in which the proposed adult business is to be established to the nearest property line of a use or zoning classification listed above.

C.

Adult Business License Required. Adult businesses must obtain and maintain an adult business license in compliance with all applicable requirements of Chapter 5.08 of this Code. Adult business performers must obtain and maintain an adult business performer license in compliance with all applicable requirements of Chapter 5.10 of this Code.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.30.040 - Alcohol beverage sales.

A.

Purpose. The purpose of this section is to preserve a healthy and safe environment for residents and businesses by establishing a set of consistent standards for the safe operation of retail alcohol sales establishments. It is recognized that hospitality, entertainment, recreation and related businesses are a significant part of the City's economy, and that alcoholic beverage sales are important to the operation of these businesses. It is also recognized that alcohol abuse can create environments that jeopardize the continued success of these businesses and seriously affect the health, safety, and general welfare in surrounding areas, particularly residential neighborhoods.

nd related businesses are a significant part of the City's economy, and that alcoholic beverage sales are important to the operation of these businesses. It is also recognized that alcohol abuse can create environments that jeopardize the continued success of these businesses and seriously affect the health, safety, and general welfare in surrounding areas, particularly residential neighborhoods.

This section provides regulations to reduce the costly and harmful effects of irresponsible alcohol sales and consumption on the City, neighborhoods, local businesses, residents, law enforcement, medical care, and educational, preventive, treatment and rehabilitation resources.

B.

Applicability. The provisions in this Section shall apply to the sale of alcoholic beverages where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following standards.

C.

3.

The burden of proving that the proposed use will not adversely affect the welfare of nearby residents or detrimentally affect nearby residentially zoned communities, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors shall be the applicant's.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. 1009 , § 3, 4-12-22)

17.30.050 - Automated teller machines (ATMs) and walk-up bank services.

A.

Purpose. This Section provides the development standards for Automated Teller Machines (ATMs) and walk-up bank services.

B.

Applicability. The provisions in this Section shall apply to ATMs and walk-up bank services as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards).

Development Standards.

1.

The ATM should be set back three feet into an alcove adjacent to the public sidewalk to provide a privacy area.

2.

Adequate lighting for the ATM shall be provided.

3.

The ATM shall provide rear-view mirrors and cameras that can record activity and have quality color video capabilities for surveillance purposes.

4.

The ATM shall comply with ADA accessibility standards.

5.

A trash receptacle shall be immediately accessible to the ATM.

6.

ATMs and walk-up bank services are subject to the approval of the Planning Division.

7.

When the ATM is removed, the structure's facade shall have a finished appearance consistent with the existing structure, and be subject to the approval of the Planning Division.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.30.060 - Automobile car wash (full service and self-service).

A.

Purpose. This Section provides standards for the establishment and operation of new automobile car wash facilities and for the modification or expansion of existing facilities.

B.

Applicability. The provisions in this Section shall apply to automobile car wash facilities as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following standards.

C.

Development Standards.

1.

The architecture of the development shall reflect a sensitivity to the character of the surrounding neighborhood and attempt, where feasible, to be consistent with, or complementary to, neighborhood character.

2.

All setback areas, except where used as walkways or drive aisles for vehicles, shall be suitably landscaped and provided with an automatic sprinkler system and moisture-sensing devices.

3.

Access and driveways. No site shall have more than two access ways to any one street, and no driveway shall be allowed within twenty (20) feet of a street corner. However, the City Engineer shall have the authority to place additional restrictions on driveways and access as necessary to enhance vehicular and pedestrian safety in the immediate vicinity of the site.

4.

Retail sales. The retail sale of goods is permitted, provided parking is provided as required for retail business.

5.

Parking. No vehicle shall be parked on the site other than those belonging to customers and employees. Adequate parking shall be provided for customers and employees. Storage of vehicles is prohibited. See Chapter 17.112 (Off-Street Parking and Loading) for additional parking requirements.

6.

Lighting. All outside lighting shall be oriented and shielded to prevent glare, reflection, or any nuisance or hazardous interference with adjacent uses or streets.

7.

Water conservation and anti-spillage plans shall be submitted and approved by the Community Development Director.

8.

Utilities. All utility services extended to the building shall be installed underground.

9.

Restrooms. All restroom entrances facing or visible from a public right-of-way shall be screened by solid decorative screening six feet high.

10.

Vehicles to be serviced shall be parked in designated areas only. Such vehicles may not be located in the required off-street parking or landscape areas nor on any public sidewalk, parkway, street or alley.

11.

No portion of the lot, outside of the building, shall be used for storage of any type, unless designated and approved by the Community Development Director.

12.

All waste materials shall be handled and disposed of in accordance with local, State, and Federal laws and policies. No waste material shall be washed or poured into any public alley, street, storm drain or sewer.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.30.070 - Automotive lube and tune facility.

A.

Purpose. This Section provides standards for the establishment and operation of new automotive lube and tune facilities and for the modification or expansion of existing facilities.

B.

Applicability. The provisions in this Section shall apply to automotive lube and tune facilities as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following standards.

C.

Development and Operating Standards.

1.

Retail Sales. The retail sale of goods is permitted, provided parking is provided as required for retail business.

2.

3.

Access and Driveways. No site shall have more than two access ways to any one street, and no driveway shall be allowed within twenty (20) feet of a street corner. However, the City Engineer shall have the authority to place additional restrictions on driveways and access as necessary to enhance vehicular and pedestrian safety in the immediate vicinity of the site.

Utilities. All utility services extended to the building shall be installed underground.

5.

Restrooms. All restroom entrances facing or visible from a public right-of-way shall be screened by solid decorative screening six feet high.

6.

[Parking of Vehicles.] Vehicles to be serviced shall be parked in designated areas only. Such vehicles may not be located in the required off-street parking or landscaped areas nor on any public sidewalk, parkway, street or alley.

7.

[Outdoor Storage Prohibited.] No portion of the lot, outside of the building, shall be used for storage of any type, unless designated and approved by the Community Development Director.

8.

Drainage and Pollution Control. Drainage shall be by underground structures to avoid drainage across sidewalks or drive aprons. In addition, a lube and tune facility shall incorporate pollution control best management practices (BMPs) designed to prevent or minimize runoff of oil and grease, solvents, car battery acid, coolant, gasoline, and other pollutants into the stormwater system. The Public Works Director shall approve drainage and pollution control methods, if appropriate. All hazardous waste must be stored within an enclosed building or underground tank. All waste materials shall be handled and disposed of in accordance with local, state and federal laws and policies. No waste material shall be washed or poured into any public alley, street, storm drain or sewer.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.30.080 - Automotive service station. ¶

A.

Purpose. This Section provides standards for the establishment and operation of new automotive service station and for the modification or expansion of existing facilities.

B.

Applicability. The provisions in this Section shall apply to automotive service stations as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following standards.

C.

Physical Site Controls.

Street Frontage. The minimum street frontage of a service station site shall be not less than one hundred twenty (120) feet on any street.

2.

Lot Area. Minimum area required shall be not less than fourteen thousand (14,000) square feet.

3.

Setbacks.

a.

Minimum setbacks for any building shall be not less than ten (10) feet from any property line, and not less than twenty-five (25) feet from any property line which adjoins a dedicated street, except that on any property abutting an alley, buildings may be established on the property line abutting the alley. Overhead canopies not less than ten (10) feet high may extend to not less than two feet of any property line.

b.

Gasoline pumps, or other facilities for providing automobiles with gasoline, and pump islands on which they are placed, shall be set back not less than fifteen (15) feet from any adjoining property line.

c.

Additional setbacks may be established by the Planning Commission if deemed necessary to provide for the protection of the safety, health or welfare of the adjacent property owners.

4.

Site Development Standards.

a.

Perimeter Property Line Walls. Where a service station adjoins property in a residential zone a six-foot high solid masonry wall shall be constructed adjacent to contiguous side or rear property lines, except that within twenty (20) feet of any street front property line, walls shall not exceed three feet in height.

b.

Screening.

1)

Outside entrances to restrooms shall be screened from view of adjacent properties or street rights-of-way by decorative screening not less than six feet high. The bottom of the screen shall be open twelve (12) inches to eighteen (18) inches above grade for light access and ventilation.

2)

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

c.

Landscaping.

1)

Planters, not less than five feet wide, shall be located and maintained adjacent to every street frontage, unless modification of this requirement is obtained from the Planning Commission.

2)

No less than one hundred (100) square feet of planting area shall be located and maintained at the intersection of two property lines at a street corner.

3)

Unless otherwise approved, raised planters, not less than three feet wide and of appropriate length, shall be located and maintained along the building facades facing any street.

4)

All planting areas shall be separated from adjacent paving by a minimum six-inch high curb, or a low planter wall not to exceed three feet in height.

5)

All planting, other than trees, shall be of a variety that will not achieve a height greater than thirty (30) inches or that can be maintained at said height. Plantings shall not be thorny or spiked, and shall not extend over any abutting sidewalk.

6)

All landscaped areas shall have permanent irrigation systems, and such areas shall be kept planted and maintained.

7)

Unless otherwise approved or indicated, planters not less than three feet wide and not less than twenty-five (25) feet in length shall be located and maintained along interior property lines; trees to be planted and maintained not more than thirty (30) feet apart, in said planters.

8)

Not less than five percent of the gross service station site shall be landscaped.

d.

Drainage and Pollution Control. Drainage shall be by underground structures to avoid drainage across sidewalks or drive aprons. In addition, a service station shall incorporate pollution control best management practices (BMPs) designed to prevent or minimize runoff of oil and grease, solvents, car battery acid, coolant, gasoline, and other pollutants into the stormwater system. The Public Works Director shall approve drainage and pollution control methods, if appropriate. All hazardous waste must be stored within an enclosed building or underground tank. All waste materials shall be handled and disposed of in accordance with local, state and federal laws and policies. No waste material shall be washed or poured into any public alley, street, storm drain or sewer.

e.

Permitted and Prohibited Activities.

1)

Sale, Lease or Rental Items.

a)

There shall be no sale or distribution of carbonated drinks, candy, coffee, cigarettes, or other similar items, except from dispensers within or abutting the building.

b)

There shall be no sale or distribution of peat moss, fertilizer, toys or other promotional items except from stock piles located within or to the rear of the building.

c)

No commercial vehicles over seven thousand five hundred (7,500) pounds (gross weight), except vehicles operated by the permittee as a normal incidental service station use, shall be permitted to be stored on the site between ten p.m. and six a.m.

2)

General Operation Standards.

a)

All repair work shall be conducted within the enclosed building.

b)

Parking areas and drive aisles shall remain unobstructed in a manner to provide for vehicular maneuvering.

c)

Vehicles to be repaired shall be stored or parked in designated areas only. Such vehicles may not be located in the required off-street parking or landscape areas nor on any public sidewalk, parkway, street or alley.

d)

No portion of the lot, outside of the building, shall be used for storage of any type, unless designated and approved by the Community Development Director. All trash and debris shall be contained within approved trash enclosure(s).

f.

Access, Parking and Circulation Requirements.

1)

Access Ways—Driveways.

a)

Each developed site shall not have more than two access ways (driveways) to any one street unless specifically approved by the Planning Commission.

b)

Access ways shall not be located within five feet of any adjoining residential side property lines.

Parking.

1)

Two parking spaces shall be provided for each working bay in the building and one for each employee on the largest shift.

2)

No vehicles may be parked on sidewalks, parkways, driveways, alleys or planting areas.

h.

Miscellaneous Provisions.

1)

Signs as permitted by this Code, except when otherwise approved by the Planning Commission:

a)

There shall be no more than two freestanding name signs, and no portable price or promotional signs.

b)

There shall be no signs in excess of thirty-five (35) feet in height unless otherwise specifically approved by the Planning Commission.

c)

Price or promotional signs shall not exceed twelve (12) square feet in face area. Not more than two permanent and internally lighted double-faced signs may be erected on fixed pipe supports, the overall height not to exceed seven feet, or in lieu thereof one sign may be suspended from the station sign or column supporting such sign, with at least seven feet of clearance from the ground level. Location of such signs shall be first obtained from the Community Development Director.

d)

Signs shall be placed to eliminate or minimize any glare, reflection or light on adjoining property or buildings, or interference with vision of pedestrian or vehicular traffic.

e)

No blinking, flashing animated or giant statuary signs are permitted.

Hours of Operation.

1)

Unlimited, except as otherwise provided by the Planning Commission.

5.

Automotive-Related Uses (General Standards and Conditions of Approval).

a.

Parking areas and drive aisles shall remain unobstructed in a manner to provide for vehicular maneuvering.

b.

c.

All trash and debris shall be contained within approved trash enclosure(s).

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.30.090 - Body art.

A.

Applicability. This section shall apply to Body Art Establishments where tattooing and body piercing are conducted, with the exception of tattoos, piercings or removal of tattoos performed by board-certified

medical or dental personnel within an office as part of a medical or dental procedure. Also, piercings involving only the outer perimeter or lobe of the ear using a pre-sterilized single use stud and clasp earpiercing system performed as an ancillary use in conjunction with a permitted primary use are exempt from the following requirements.

B.

Development Standards. Body Art Establishments shall comply with the following requirements:

1.

There shall be a minimum of forty-five (45) square feet of floor space for each procedure area. The procedure area(s) must be separated from other functions including bathrooms and retail sales areas, or any other area that may cause potential contamination of work surfaces.

2.

Each Body Art Establishment shall have a readily accessible sink that is not in a public restroom and is equipped with hot and cold running water, no-touch faucet controls, liquid hand soap, single-use paper towels and a garbage can.

3.

No person shall conduct branding, cutting, implantation, suspension, or scarification; pierce or tattoo genitalia or female nipples; nor perform tattooing or piercing while under the influence of alcohol or controlled substances.

4.

At no time shall alcoholic beverages be sold, dispensed, possessed, brought or allowed on the premises of any body art establishment.

5.

Tattooing or piercing of persons under the age of eighteen (18) shall not be permitted except if accompanied by a parent. Technicians shall request proof of age prior to performing procedures.

6.

All surfaces within procedure areas shall be smooth, nonabsorbent and easily cleanable. Procedure surfaces shall be cleaned and sanitized after each client. All facilities shall be maintained in a clean and sanitary condition.

7.

Only service animals may be allowed in the establishment. No animals shall be allowed in the procedure area(s).

Effective measures shall be taken by the operator to prevent entrance, breeding, and harborage of insects, vermin, and rodents in the establishment.

9.

Body Art Establishments shall operate only between the hours of nine a.m. and nine p.m.

17.30.100 - Donation boxes - outdoor. ¶

6.

As practical, visibility of outdoor menu and preview boards should be minimized from any adjoining street(s). Additional landscape areas or shrub plantings may be required to provide proper screening. Any proposed carhop and/or walk-up menu boards shall not exceed four square feet in area.

7.

Amplification equipment (e.g., speakers at menu boards) shall be located so as not to adversely impact adjoining uses and shall be operated in compliance with Title 8, Chapter 8.36 (Noise Control). Outdoor piped music shall be prohibited.

8.

Each drive-through aisle should be appropriately screened with a combination of landscaping, low walls, and/or berms maintained at a minimum height of three feet to prevent headlight glare from impacting adjacent streets, adjoining properties, and parking lots.

9.

A minimum six-foot high solid decorative masonry wall shall be constructed on each property line that adjoins a parcel zoned for and/or developed with a residential use. A minimum five-foot deep landscaping strip shall be provided between the wall and any driveway.

==> picture [197 x 192] intentionally omitted <==

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.30.120 - Emergency shelters and temporary aid centers.

A.

Applicability. The requirements of this section apply to all emergency shelters and temporary aid shelters as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards). Upon providing documentation sufficient to allow the Community Development Director to determine that the following operational standards will be met, an emergency shelter or temporary aid center may begin operation.

B.

Emergency Shelters.

1.

Location. An emergency shelter may be on any parcel in M-1 (Light Manufacturing and Industrial) by-right.

2.

Capacity. Emergency shelters may provide a maximum of thirty (30) beds per establishment.

3.

Maximum Length of Stay. The maximum length of stay of any person shall be six months.

4.

Intake/Waiting Areas. On-site intake areas shall be enclosed or screened from the public right-of-way and adjacent properties. Queuing within the public right-of-way or any parking area is not permitted.

5.

Lighting. Lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity that is consistent with existing lighting in the neighborhood.

6.

Noise. For the purposes of noise abatement, organized outdoor activities and intake of residents in nonenclosed areas may only be conducted between the hours of seven a.m. and ten p.m.

7.

On-Site Management. The shelter shall have full-time on-site management. Emergency shelter providers must submit a written management plan prior to beginning operation, including provisions for staff training, and counseling, treatment, and training programs for residents. The management plan shall be subject to approval by the Community Development Director.

8.

Parking. Emergency shelters must provide one parking space per staff member to meet the needs of the shelter's on-site management. Nonoperational and unregistered vehicles shall not be kept on site. Towing shall be the responsibility of the shelter operator.

9.

Security. Emergency shelter providers must submit a written security plan prior to beginning operation that includes the following:

a.

Hours of operation.

b.

Intake/discharge procedures.

c.

Screening of Clients Prior to Admission to the Shelter. The emergency shelter operator must restrict client intake in accordance with state and local registered sex offender residency restrictions. Additional security measures shall be included if children are present.

d.

Provisions for on-site security guards, if any.

e.

A site plan shall also be provided which clearly indicates parking areas, lighting, and the location of on-site walk-in and client intake areas.

f.

The security plan shall be subject to approval by the Chief of Police.

10.

Separation from Other Shelters. No emergency shelter shall be located within a radius of three hundred (300) feet from the nearest shelter, as measured from property line to property line. This requirement does not apply to temporary aid centers.

11.

Storage. For emergency shelters that accept walk-in clients, an enclosed area must be provided for residents to store their belongings, such as bicycles, shopping carts, and other possessions. Off-street parking for clients with vehicles are highly encouraged, but not required.

C.

Temporary Aid Centers.

1.

2.

Lighting. Lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity that is consistent with existing lighting in the neighborhood.

3.

Noise. For the purposes of noise abatement, organized outdoor activities and intake of residents in nonenclosed areas may only be conducted between the hours of seven a.m. and ten p.m.

4.

On-Site Management. Temporary aid centers must submit a written management plan prior to beginning operation, including provisions for staff training and counseling, training, treatment and programs for clients. The management plan shall be subject to approval by the Community Development Director.

5.

Security. Temporary aid centers must submit a written security plan prior to beginning operation including, as applicable, the hours of operation, intake/discharge procedures, screening of clients prior to admission to the temporary aid center, and provisions for on-site security guards, if any. A site plan shall also be provided which clearly indicates parking areas, lighting, and the location of on-site walk-in and client intake areas. The security plan shall be subject to approval by the Chief of Police.

6.

No Overnight Stays Provided. Temporary aid centers will not provide facilities for overnight stays.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 1002, § 2, 6-14-22)

17.30.130 - Hotels and motels. ¶

A.

Purpose. The purpose of the following provisions is to provide development, location, and operating standards for hotel and motel projects in the city of Rosemead.

B.

Applicability. The provisions in this Section shall apply to hotel and motel uses as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following City standards.

C.

City Standards. Hotels in the C-3, C-4, and CBD zones and motels in the C-3, and CBD zones shall be subject to the following conditions:

1.

Lot Area. The minimum area of the parcel or lot shall not be less than thirty-nine thousand (39,000) square feet.

2.

Lot Width. Each lot shall have a minimum frontage of not less than one hundred (100) feet on a major street as depicted on the circulation element of the general plan.

3.

Maximum Coverage. The maximum lot coverage of all structures shall not exceed forty (40) percent of the total lot area.

4.

Floor Area Ratio (FAR):

a.

The FAR of a hotel or motel development must be consistent with the land use designation in the General Plan. The General Plan permits additional FAR in the Commercial and High Intensity Commercial land use designations for hotels only.

b.

Hotels only in the Commercial or High Intensity Commercial land use designation in the General Plan may be developed up to a maximum permitted FAR of 1.0:1 if the projects meet the required development standards identified in the table below.

1)

If a project in one of these land use designations does not meet all of the required amenity standards described in the table below, a maximum FAR of 0.35:1 shall be allowed.

2)

A hotel project may substitute two additional amenities from the table below for each required amenity.

Table 17.30.110.2

HOTEL AMENITY STANDARDS

Required Amenities	Hotel
Business Center Service*	Required
Complementary breakfast	Required
In-room wired or wireless high speed internet	Required
Additional Amenities:
Multi-function ballroom/meeting rooms	Optional
Restaurant or bar/lounge	Optional
Concierge desk	Optional
Convenience store/snack shop	Optional
Daycare services	Optional
Day spa/salon	Optional
Fitness Center	Optional
Florist or gift shop	Optional
Laundry Service	Optional
Pool or spa/Jacuzzi	Optional
Reception Lounge	Optional
Room Service	Optional
Self-service laundry	Optional
Valet Parking	Optional

Business Center Service includes guest access to centrally located computer, fax, and copy machine.

Number of Rooms.

Hotels: Minimum fifty (50) rooms.

Motels: Minimum fifty (50) rooms.

6.

Floor Area Per Guest Room:

Hotels: Minimum four hundred (400) square feet.

Motels: Minimum three hundred (300) square feet.

For the purposes of this section the floor area per guest room shall be calculated by dividing the total gross floor area of the project by the total number of rooms.

7.

Interior/Exterior Corridors:

Hotels: Interior corridors only.

Motels: Exterior corridors permitted.

8.

Landscaping. A minimum of ten (10) percent of the total lot area is to be landscaped.

9.

Yards. Side and rear yards, when abutting residentially zoned or used property, shall be not less than ten (10) feet from property line.

10.

If requested by a motel/hotel operator/owner in applying for a conditional use permit, notwithstanding Section 5.42.030 of this Code, the owner/operator may rent rooms for extended periods exceeding thirty (30) consecutive days or thirty (30) days in any sixty (60) consecutive day period, as authorized by the conditional use permit. The right to rent rooms for extended periods as authorized by the conditional use permit shall be conditioned upon the owner/operator agreeing to pay and paying to the city at the time set forth in Section 3.16.070 for remission of transient occupancy tax payments, a payment in lieu of taxes in an amount equal to the transient occupancy tax that would otherwise be payable were the units occupied for less than thirty (30) days. In determining the number of units in a motel/hotel complex that may be so occupied, the Planning Commission shall consider the following criteria:

a.

Whether or not the overall site design and the floor plans of individual rooms proposed are conducive to extended occupancy.

b.

Whether or not adequate parking and other amenities are provided to support extended occupancy.

c.

Whether or not the renting of rooms for more than thirty (30) consecutive days is likely to lead to or, in the case of existing motels/hotels, has lead to, police problems due to the design of the motel/hotel and/or the nature of the surrounding area. In applying for the conditional use permit, the owner/operator shall determine the number and/or percentage of rooms to be offered for extended occupancy. The Planning Commission may approve the request as submitted or may establish an alternate number and/or percentage based upon the review of the above criteria, provided, however, that the number shall not be less than twenty (20) percent of the total number of rooms in the hotel or motel nor more than thirty (30) percent of the total number of rooms.

11.

The owner and/or operator of any such hotel or motel shall have and maintain only one meter for each utility service to the entire use.

12.

A hotel or motel may provide manager's quarters not to exceed one dwelling unit, which complies with the minimum multifamily (R-3) standards as set forth in this Zoning Code.

13.

Every hotel and motel shall have a security system designed to the satisfaction of the Chief of Police which shall include surveillance of arrivals, departures, and parking areas from the office and security hardware, cameras, alarms and lighting.

14.

Every hotel and motel shall have an office with a registration desk, and the office shall be located in close proximity to the entry driveway to the street front.

15.

Vehicles exceeding eighty (80) inches in width shall not be permitted to park in any parking space required for motel customers. In addition to the parking spaces required for each guest room, every motel shall provide at least one designated recreational vehicle parking space, which is a minimum of ten (10) feet by thirty (30) feet, for each twenty-five (25) rooms in the motel complex.

Vehicles exceeding eighty (80) inches in width shall not be permitted to park in any required parking lot used exclusively for hotel customers. (Noncommercial) recreational vehicles or motor homes shall be permitted to park in such lots, if at least one designated recreational vehicle parking space, which is a minimum of ten (10) feet by thirty (30) feet, is provided for each twenty-five (25) rooms in the hotel complex.

17.

Every hotel and motel shall be operated in compliance with the operational standards of Chapter 5.42 of this Municipal Code.

18.

An economic feasibility study shall be submitted to the Planning Department for review and approval. The economic feasibility study shall be prepared by a professional who is familiar with preparation of such documents. The study shall include data to support a finding that there is a demonstrated need for the project and that the project will economically benefit the community as a whole. This section shall not apply to hotels and motels in existence on April 28, 1987 or to expansions allowed pursuant to Section 17.30.130.C.20 of this Title.

19.

Conditional use permits granted for hotels and motels that were in operation on April 28, 1987, shall require compliance with subsections 1, 2, 3, 8, 9, 11 and 14 only to the extent that said requirements can be imposed without requiring significant and unduly expensive physical modifications to the property or structures of the motel or hotel complex.

20.

The floor area of an existing motel or hotel which has a valid conditional use permit may be increased one time up to twenty-five (25) percent or seven thousand five hundred (7,500) square feet, whichever is less. The expansion itself must meet the requirements of this Title related to setbacks, lot coverage, FAR, height, parking, security system requirements, and operational standards in accordance with Chapter 5.42 of this Municipal Code, but is not required to compensate for any deficiency or nonconformity in the original building or use. Expansions allowed by this section are allowed by right with no discretionary approvals, including but not limited to a Conditional Use Permit or Design Review, required.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.30.140 - Internet cafés and game arcades. ¶

A.

Purpose. This Section provides location, development, and operating standards for Internet cafés and game arcades.

B.

b.

This includes, but is not limited to, aisle locations and dimensions, equipment location, exiting, and panic hardware.

12.

A security plan shall be subject to the review and approval of the Chief of Police.

a.

Security measures may include, but are not limited to additional security guards, background investigations of the business applicants, and surveillance video equipment.

To minimize noise issues, all computers shall utilize headphones with no external speakers allowed.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.30.150 - Karaoke KTV studios. ¶

A.

Purpose. This Section provides development and operating standards for Karaoke KTV studios.

B.

Applicability. The provisions in this Section shall apply to Karaoke KTV Studio uses as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following City standards.

C.

City Standards. Karaoke Studios are subject to the following conditions:

1.

No alcoholic beverages to be served or allowed on the premises at any time. A sign reading "No Alcoholic Beverages Permitted" in lettering no less than four inches in height and printed in English, Chinese, Cantonese or Mandarin, Vietnamese and Spanish shall be conspicuously posted at no less than two locations inside the business. One such sign shall be posted at the registration/reservation area. In addition, no less than two international symbol "No Drinking" signs shall be conspicuously posted at different locations inside the business establishment.

2.

No person, other than bona fide employees, may occupy premises between two a.m. and eight a.m.

3.

All doors to Karaoke rooms shall remain unlocked and be incapable of being locked. The doors will have a minimum 24-inch wide by 36-inch high window in the upper half of the door. Each individual Karaoke room shall contain at least one other window as well. Full and unobstructed viewing into the room shall be maintained at all times.

4.

The exterior door to each individual Karaoke room shall contain a conspicuously posted sign indicating the rated occupancy of the room pursuant to the Fire Code.

5.

No persons under eighteen (18) years of age shall be allowed on the premises after ten p.m., unless accompanied by a parent or legal guardian.

6.

The owner is responsible for maintaining a permanent register of all patrons by having each patron sign the register before allowing the use of a Karaoke room. The owner or his or her employee shall verify the identity of the patron by checking the patron's identification and legibly listing the full name of the patron in the register.

7.

The owner of the establishment shall be strictly accountable for compliance with each condition imposed, whether or not the owner is personally present at the studio.

8.

The studio shall adhere to the City's noise ordinance provisions as set forth in Title 8, Chapter 8.36 of this Municipal Code.

9.

Nonconforming properties shall achieve conforming status before becoming eligible for KTV Studio use.

10.

Off-street parking shall be provided as set forth in Chapter 17.112 of this Zoning Code.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.30.160 - Large and small family day care facilities.

A.

Purpose. This Section provides standards for the location, development, and operation of both large and small family child day care homes in compliance with State law.

B.

Child Day Care—Large Family.

1.

Purpose. This Subsection provides standards for the location, development, and operation of large family child day care homes for nine to fourteen (14) children in compliance with State law.

2.

3.

State Requirements.

a.

These provisions shall apply in addition to requirements imposed by the California Department of Social Services.

b.

The operator of a small family child day care home shall obtain and maintain a valid license from the California Department of Social Services in compliance with California Code of Regulations, Title 22, Division 12 (Child Care Facility Licensing Regulations).

4.

Permitted by Right. As required by State law (Health and Safety Code Section 1597.30 et seq. Small family child day care homes (eight or fewer children) shall be considered a residential use of property and shall be an allowed use, permitted by right, within a residence located in a residential zone with no City land use permits required.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.30.170 - Outdoor dining. ¶

A.

Purpose. This Section provides locational, developmental, and operational standards for outdoor dining area(s) located on private property as an accessory use to a legally established restaurant.

B.

Applicability. The provisions in this Section shall apply to outdoor dining area(s) as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards). Chapter 17.21 governs the regulations for Sidewalk Dining within the Garvey Avenue Specific Plan. Section 17.28.040 governs Outdoor/Sidewalk Dining within the Freeway Corridor Mixed-Use Overlay.

C.

City Standards.

No permanent seats or structures shall be placed in the public right-of-way without the review and approval of the City Engineer.

2.

Outdoor seating furniture shall be a minimum of ten (10) feet from the nearest transit stop.

3.

Any outdoor dining area may be separated from the sidewalk only with planters, shrubs, or fencing with a maximum height of forty-two (42) inches.

4.

When alcoholic beverages are permitted in outdoor seating areas that are immediately adjacent to a public pedestrian way, the landscape separation physical design and plant material shall compliment the design of the building and prevent passing or carrying alcoholic beverages outside the restaurant seating area and a sign shall be posted.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 978, § 5(Exh. A), 2-27-18; Ord. No. 1001, § 8, 9-28-21)

17.30.180 - Recycling facilities.

A.

Intent and Purpose. It is the intent and purpose of this section to encourage the recycling of reusable materials and provide convenient service locations for the citizens of the community as mandated by State law. It is also the intent of this section to establish minimum standards of development in order to insure compatibility of recycling facilities with the surrounding land uses to protect surrounding property values, and to maintain the health, safety and general welfare of the community. This Section provides location, development, and operation standards for various types of recycling facilities (e.g., reverse vending machine(s) and small collection facilities).

B.

Permit Required. No firm, person, or corporation shall permit the placement or installation of any recycling facility without first obtaining either an Administrative Use Permit or Conditional Use Permit from the City pursuant to the provisions set forth in this Section.

C.

Applicability. The provisions of this Section shall apply to recycling facilities as defined in Article 1 (Purpose and Applicability of Zoning Code) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following standards.

D.

Location, Development and Operation Standards. Recycling facilities shall comply with the following requirements:

1.

Reverse Vending Machines. Reverse vending machine(s) intended solely for recycling purposes shall be allowed in compliance with all of the following standards:

a.

Reverse vending machines shall be installed as an accessory use in conjunction with a principal commercial use or community service facility which is in compliance with the zoning, building, and fire codes of the City.

b.

If located inside a primary structure, the machines shall be within thirty (30) feet of the entrance and shall not obstruct pedestrian circulation.

c.

If located outside the primary structure, the number of machines shall be limited to a maximum of two. The machines shall not occupy required parking spaces, shall be constructed of durable waterproof and rustproof materials(s), and shall be placed in a manner that is properly designed and constructed in terms of architectural treatment and security from vandalism, subject to the approval of the Community Development Director.

d.

Reverse vending machines shall not occupy parking spaces required by the primary use.

e.

Reverse vending machines shall occupy no more than fifty (50) square feet of floor space per installation, including any protective enclosure, and shall be no more than eight feet in height.

f.

The area in front of the machines shall be illuminated to ensure comfortable and safe operation, if operating hours are between dusk and dawn.

g.

The machines shall have operating hours which are consistent with the operating hours of the principal use.

h.

Reverse vending machines shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperable.

i.

The facility shall have a sign area of a maximum of four square feet per machine, exclusive of operating instructions.

j.

The area surrounding the reverse vending machines shall be maintained in a clean, litter-free condition on a daily basis. A trash container shall be located near the machine to prevent littering.

2.

Small Collection Facilities. The following standards shall be applicable to small collection facilities.

a.

Small collection facilities shall be established in conjunction with an existing commercial use or community service facility which is in compliance with the zoning, building, and fire codes of the City.

b.

Small collection facilities shall not exceed two hundred (200) square feet in area, not including space periodically used for removal of materials or exchange of containers.

c.

Small collection facilities shall be set back at least ten (10) feet from any public right-of-way and shall not obstruct pedestrian or vehicular circulation.

d.

The facility shall not be located within one hundred (100) feet of any parcel zoned or occupied for residential use.

e.

Small collection facilities shall accept only glass, metals, plastic containers, which have a CRV value, and other household beverage containers (i.e., plastic milk containers, wine bottles, etc.).

f.

Small collection facilities shall not use power-driven processing equipment except for reverse vending machines.

g.

Small collection facilities shall use containers that are constructed and maintained with durable waterproof and rustproof material. All recycled items shall be stored within a fully enclosed structure which is designed and constructed to ensure against unauthorized removal of items or in the mobile unit. The containers within the structure or mobile unit shall be of a capacity sufficient to accommodate the items collected and the collection schedule. Outdoor storage of recycled items shall be prohibited.

The fully enclosed structure, the containers, and any site fencing shall be of a color and design that would be compatible and harmonious with the character of their location, subject to the review of the Community Development Director. Landscaping and other appropriate screening may be required on a case-by-case basis as a condition of the permit.

i.

Containers shall be clearly marked to identify the type of material which may be deposited. The facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation. A notice shall also be displayed stating that no material shall be left outside the recycling enclosure or containers.

j.

Signs may only be provided as follows:

1)

Recycling facilities may have identification signs with a maximum area of fifteen (15) percent for each side of the structure or twelve (12) square feet, whichever is greater.

2)

Signs must be consistent with the character of the location.

3)

Directional signs that contain no advertising message may be installed with the approval of the Planning Division if necessary to facilitate traffic circulation, or if the facility is not visible from the public right of-way.

k.

Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present. The mobile recycling units shall only be parked within the marked area.

l.

Small collection facilities shall be maintained free of litter and any other undesirable materials. The area used for mobile facilities shall be swept at the end of each collection day.

m.

Noise levels shall comply with the noise standards of this Code.

n.

The facility shall not impinge upon or disturb the required landscaping for the principal use on the property.

o.

If the facility has an attendant, one parking space will be required in addition to the required parking for the principal use. No additional customer parking spaces will be required.

p.

Small collection facilities and any required attendant parking may occupy required parking spaces associated with the principal use on the site only if the following conditions are met. The maximum number of spaces, if such a reduction in required parking is allowed, is indicated in Table 17.30.190.1 (Reduction of Available Parking Spaces).

1)

The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation.

2)

A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site.

3)

The permit for the recycling facility will be reconsidered at the end of six months.

q.

If the permit expires without renewal, the collection facility shall be removed from the site on the day following permit expiration.

Table 17.30.180.1 REDUCTION OF AVAILABLE

PARKING SPACES

In Conjunction with Commercial Principal	Use
Number of Available Parking Spaces	Maximum Reduction in Required Parking
0—25	0
26—35	2
36—49	3
50—99	4
100+	5
In Conjunction with Community Facility Principal Use
Maximum reduction of 5 spaces

3.

Large Collection Facilities. Large collection facilities shall meet the following standards:

a.

Shall be at least one hundred (100) feet away from any property zoned or occupied for residential use.

b.

Large collection facilities shall be screened from the public right-of-way by operating within an enclosed building or within an area enclosed by a solid, decorative, block wall at least six feet in height. All applicable noise standards stipulated in this Code shall be met. If a block wall enclosure is used, it shall be set back at least ten (10) feet from property line and the setback area shall be permanently landscaped and maintained.

c.

All exterior storage of material shall be in either baled or palletized form, or in sturdy containers which are covered, secured and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. No storage, excluding truck trailers or overseas containers, may be visible over the height of the block wall.

d.

The site shall be maintained free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis. A trash container shall be located near the facility to prevent littering.

e.

Parking and turn-around space shall be provided on-site in an amount adequate to serve the anticipated peak customer load or five vehicles, whichever is higher, to circulate and to deposit recyclable material.

f.

One parking space for each employee and each vehicle operated by the recycling facility shall be provided on-site. The parking area thus created shall be exclusive of the circulation/drop-off area.

g.

Noise levels shall comply with the noise standards of this Code.

h.

If the facility is located within five hundred (500) feet of property zoned or planned for residential use, it shall not be in operation between the hours of seven p.m. and seven a.m.

i.

Any containers provided for after-hours donation of recyclable materials shall be at least one hundred (100) feet from any property zoned or occupied for residential use. The containers shall be of sturdy, rustproof construction, shall be of sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials.

Donation areas shall be kept free of litter and any other undesirable material, and the container shall be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers.

k.

The facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation. Identification and informational signs shall meet the standards of the zone, and directional signs, bearing no advertising message, may be installed with the approval of the Community Development Director, if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.30.190 - Accessory dwelling units. ¶

A.

Purpose. The purpose of this section is to implement Government Code Section 65852.2, which allows the City to adopt an ADU ordinance in lieu of being subjected to the State requirements for such units. Notwithstanding any other provision of this Zoning Code to the contrary, the provisions in this section shall govern the development of ADUs in the City of Rosemead.

B.

Applicability. The provisions in this section shall apply to ADUs, as defined in Article 1, Section 17.04.050 (Definitions), and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Standards) and the following City standards.

C.

ADUs. The following provisions shall apply to ADUs:

1.

In the R-1, R-2, R-3 zone or all other areas zoned to allow single-family or multifamily dwelling residential use, an attached or detached ADU shall be permitted by the Community Development Director or the Community Development Director's designee, subject to an administrative site plan and design review approval, if the application satisfies all of the provisions set forth in this section. Except as provided for in this section, all other applicable regulations of the underlying zone shall apply.

2.

An ADU shall be deemed an accessory use. ADUs do not exceed the allowable density for the lot upon which they are located.

3.

11.

The ADU shall comply with all Building Code and Fire Code requirements.

12.

New ADUs or modifications of existing ADUs shall conform to the standards in Table 17.30.190.1 (ADU Development Standards).

Table 17.30.190.1:

ADU DEVELOPMENT STANDARDS

	Attached ADU	Detached ADU	Notes and Exceptions
Maximum height	Limited to number of stories and height of existing primary residence*	Two-Story - 30 feet One-Story 17 - feet**	If the height of the existing primary residence is less than 16 feet, the proposed ADU shall be allowed a maximum height of 16 feet *The height shall be measured from the habitable surface of the ADU
Minimum setbacks	Side yard setback: 4 feet Rear yard setback: 4 feet	Side yard setback: 4 feet Rear yard setback: 4 feet	Conversion of an existing permitted structure to an ADU shall not be required to satisfy the minimum setback standards if the side and rear
			setbacks are sufcient for fre safety The setback of the second foor shall not be less than the setback of the frst foor
---	---	---	---
Minimum distance between dwellings	Provisions of the applicable underlying zoning designation of the subject property shall apply	10 feet*	*If the minimum distance between dwellings cannot be met, an 800 square feet ADU that is at least 16 feet in height with 4-foot side and rear yard setbacks shall be permitted provided that it is constructed in compliance with all other local development standards The distance between dwellings of the second foor shall not be less than the distance between dwellings of the frst foor
Minimum landscape area	20% of lot area*	20% of lot area*	*If the minimum landscape area requirement cannot be met, an 800 square feet ADU that is at least 16 feet in height with 4-foot side and rear yard setbacks shall be permitted provided that it is constructed in compliance with all other local development standards.
Minimum foor-area	150 square feet	150 square feet
Maximum foor-area	Up to 50% of existing living area of primary residence If the primary residence is less than 1,600 square feet, an 800 square feet ADU will be permitted.	If foor-area ratio permits:* • 150—850 square feet for a studio or one bedroom • 1,200 square feet detached, freestanding (not attached to any accessory use) ADU that provides more than one bedroom An ADU built within an existing accessory structure may include an expansion of up to 150 square feet beyond the physical dimensions of the existing accessory structure to accommodate ingress and egress.	*If the creation of an ADU results in a foor-area ratio that is greater than what is permitted in the zone, an 800 square feet ADU that is at least 16 feet in height with 4- foot side and rear yard setbacks shall be permitted provided that it is constructed in compliance with all other local development standards.
		Where both a JADU and a detached ADU are constructed, the ADU shall be no more than 800 square feet.
---	---	---	---
Maximum number of bedrooms	Bedrooms shall conform to standard Building Code requirements.	Bedrooms shall conform to standard Building Code requirements.
Minimum of-street parking	One parking space per bedroom or ADU, whichever is less These spaces may be provided as tandem parking on a driveway. "Tandem parking" means that 2 or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another New uncovered of-street parking spaces shall have a minimum dimension of 9 feet in width by 18 feet in depth*	One parking space per bedroom or ADU, whichever is less These spaces may be provided as tandem parking on a driveway. "Tandem parking" means that 2 or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another New uncovered of-street parking spaces shall have a minimum dimension of 9 feet in width by 18 feet in depth*	*Of-street parking standards shall not be required for an ADU in any of the following instances: (1) The ADU is located within ½ mile of public transit. (2) The ADU is located within an architecturally and historically signifcant historic district. (3) The ADU is part of the proposed or existing primary residence or an accessory structure. (4) When on-street parking permits are required but not ofered to the occupant of the ADU. (5) When there is a car share vehicle located within 1 block of the ADU. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those of-street parking spaces are not required be replaced.

D.

JADUs. The following provisions shall apply to JADUs:

1.

The JADU shall comply with the requirements of Government Code Section 65852.22.

2.

A maximum of one JADU shall be permitted on a residential lot zoned for single-family residences with a single-family dwelling built, or proposed to be built, on the lot. If an ADU is proposed in addition with a JADU, then the ADU shall be limited to a maximum of eight hundred (800) square feet.

3.

The maximum size for a JADU is five hundred (500) square feet.

4.

The legal property owner shall occupy, on a full-time basis, either the primary dwelling unit, JADU, or ADU (if applicable) as permanent residency. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

5.

An owner-occupancy covenant shall be recorded, and a copy shall be submitted to the Planning Division prior to issuance of any building permit for the JADU. The said owner-occupancy covenant shall remain in perpetuity and shall not be released. The owner-occupancy covenant shall include the following language:

a.

A prohibition on the sale of the JADU unit separate from the sale of the single-family dwelling, including a statement that the deed restriction may be enforced against future purchasers.

b.

A restriction on the size and attributes of the JADU that conforms with Government Code Section 65852.22.

6.

The permitted JADU shall be constructed within the walls of the proposed or existing single-family residence.

7.

The permitted JADU shall include a separate entrance from the main entrance to the proposed or existing single-family residence.

8.

The permitted JADU shall include an efficiency kitchen, which shall include all of the following:

a.

A cooking facility with appliances.

A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.

E.

Revocation. The Community Development Director shall have the authority to revoke an ADU and/or a JADU permit if one or more of the requirements of this chapter are no longer met. The decision of either the Community Development Director may be appealed to the Planning Commission in accordance with the procedures set forth in this Code.

F.

Existing ADUs. ADUs which have been previously approved shall be allowed to remain in existence as a legally established nonconforming use. This section shall in no way validate any existing illegal ADUs.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 979, § 3(Exh. A), 6-12-18; Ord. No. 995, § 4, 9-8-20)

17.30.200 - Single room occupancy (SRO). ¶

A.

Purpose. This Section provides development and operating standards for Single Room Occupancy (SRO) developments.

B.

Applicability. The provisions in this Section shall apply to SRO developments as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following City standards.

C.

City Standards. All SRO developments shall meet the following location and operational standards.

1.

SRO developments may be permitted in the C-3 (Medium Commercial) zone, CBD (Central Business District), and M-1 (Light Manufacturing and Industrial) zone upon the approval of a Conditional Use Permit, except that no SRO development will be permitted on any lot that abuts the R-1 (Single-Family Residential) zone.

2.

SRO developments shall be located no closer than three hundred (300) feet to another single room occupancy development.

3.

SRO units shall be efficiency units that may include a complete private bath and kitchen but do not have a separate bedroom. The maximum size for an SRO unit shall be five hundred (500) square feet.

4.

A minimum lot size of eighteen thousand (18,000) square feet and a minimum street frontage of ninety (90) feet is required for the development of any new SRO development.

5.

Single room occupancy developments shall not exceed a density of one thousand seven hundred fifty (1,750) square feet of net lot area for each unit.

6.

At least one common bathroom shall be provided for every six units, unless private bathrooms are provided for some or all units. Any unit with a private bathroom shall not be counted toward the six units for which a common bathroom is required.

7.

Each SRO development shall have a common open space area totaling a minimum of one hundred (100) square feet per unit.

8.

Each SRO development shall have a front yard of not less than fifteen (15) feet.

9.

Each SRO development shall have a side yard of not less than ten (10) feet. On corner lots the side yard of the side street shall be not less than ten (10) feet.

10.

Each SRO development shall have a rear yard of not less than twenty (20) feet.

11.

Garbage and rubbish collection areas shall be provided in accordance with Chapter 17.32 (Accessory Structures).

12.

Adequate laundry facilities shall be available on the premises, with not less than one washer/dryer per six units.

13.

Average income of residents in the development shall be no more than forty (40) percent of the area median income.

The development shall be subject to a covenant recorded with the County Assessor's Office stating that the units shall be subject to these income restrictions for a minimum period of fifty-five (55) years.

15.

New construction projects for seniors shall not qualify as SRO housing.

16.

Off-street parking shall be provided at the rate of 0.5 parking space per unit, plus one parking space for onsite management.

17.

SRO developments shall have full-time on-site management.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.30.210 - Live/work (includes artist live/work).

A.

Purpose. The purpose of the following provisions is to provide standards for live/work units and to ensure a live/work unit is consistent with the definition of a mixed-use development.

B.

Applicability. The provisions in this Section shall apply to live/work units as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards) and the following City standards.

City Standards.

1.

At least twenty-five (25) percent and no more than seventy-five (75) percent of the unit must be dedicated to residential use.

2.

The working space is to be used by the one or more of the occupants (owner-occupant or renter occupant) of a single household or family.

3.

One or more occupants is a business owner with a valid Rosemead Business License or where one or more occupants has submitted a signed letter, documenting telework/telecommuting or other related activities for the majority of the work week.

4.

The unit consists of a full kitchen, full bathroom (bathing and sanitary) facilities in compliance with the applicable building codes.

5.

No more than one full time equivalent non-occupant employee is permitted to work in addition to the occupants of the live/work unit.

6.

The Community Development Director shall have the discretion to allow other uses not listed under permitted uses.

7.

The Community Development Director or his/her designee may require the discontinuance of a work activity in a live/work unit if, as operated or maintained, there has been a violation of any applicable condition or standard. The Community Development Director or his/her designee shall have the authority to prescribe additional conditions and standards of operation for any category or work activity in a live/work unit.

8.

Permitted live/work uses include:

a.

Professional OFFICE (such as an architect, accountant, realtor, sales representative, website/graphic designer, consultant, etc.).

Artist studio.

c.

Cottage food operation (provided that all orders are pre-ordered and for pick-up only). There shall be no restaurant service, storefront, and no installation of industrial kitchen equipment. The operator must utilize the existing kitchen facilities within the residential component of the live/work unit).

d.

Tutoring services (small).

e.

Additional uses not listed may be permitted subject to the discretion of the Community Development Director.

Unpermitted live/work uses include:

a.

Restaurants.

b.

Wholesale and retail sales (including but not limited to automobiles, merchandise, herb and/or pharmaceuticals, guns and/or ammunition, etc.).

c.

Dating services (example: no speed dating mixers)

Adult businesses.

e.

Fortune telling, palm reading, psychics, and similar uses.

f.

Massage services.

g.

Personal care services (hair, nails, facials, or similar uses).

h.

Medical and dental offices.

i.

Automobile, boat, or aircraft repair (body and/or mechanical), detailing (washing, waxing, tinting, etc.), testing, towing, and/or other auto services related uses.

j.

Plumbing, machine, or sheet metal works.

k.

Carpentry shops.

l.

Contractor storage yard.

m.

Laundering of clothes or other articles.

n.

Animal kennels or breeding.

o.

Additional uses that create dust, electrical interference, fumes, gas, odor, smoke, glare, light, noise, vibration, toxic/hazardous materials, liquid or solid waste, or other hazards or nuisances other than that normally incidental to residential use of the structure. Commercial uses shall not create any other negative effect that may be felt, heard, or otherwise sensed by adjoining units, as determined by the Community Development Director.

p.

Any other uses that require the granting of a Conditional Use Permit.

10.

Off-Street Parking for Live/Work Units. The more restrictive parking requirement (residential or nonresidential) shall apply to live/work units in each of the following zones.

a.

Residential/Commercial Mixed-Use Development Overlay.

1)

Residential: provide no less than two standard sized parking space and 0.5 standard sized guest parking space

2)

Nonresidential: provide one standard sized parking space per two hundred fifty (250) square feet of floor area.

b.

Freeway Corridor Mixed-Use Overlay.

1)

Residential.

Provide no less than one standard sized parking space and 0.5 standard sized guest parking space for a studio or one bedroom unit.

b)

Provide no less than two standard sized parking space and 0.5 standard sized guest parking space for units with two or more bedrooms.

2)

Nonresidential. Provide one standard sized parking space per four hundred (400) square feet of floor area.

c.

Parking areas for residential guests may be uncovered and combined with nonresidential parking if live/work units are incorporated into the mixed-use development.

(Ord. No. 1000, § 4, 9-28-21)

17.30.215 - Urban Dwellings. ¶

A.

Purpose. The purpose of this section is to implement Government Code Section 65852.21, which allows the City to adopt an urban dwelling ordinance. Notwithstanding any other provision of this Zoning Code to the contrary, the provisions in this section shall govern the development of urban dwellings in the City of Rosemead.

B.

Applicability.

1.

A proposed urban dwelling must be located within the R-1 (Single Family Residential), on the Official Zoning Map as defined in Article 2, Section 17.08.020 (Official Zoning Map).

2.

A proposed urban dwelling must not be located within a historic district or property included on the State Historic Resources Inventory (see Section 5020.1 of the Public Resources Code), or within a site that is designated or listed as a City landmark or historic property or district pursuant to a City ordinance.

3.

A proposed urban dwelling must not be on a parcel located in the areas specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.

4.

A proposed urban dwelling must not be on a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within fifteen (15) years before the date that the development proponent applies.

C.

Urban Dwelling. The following provisions shall apply to an urban dwelling:

1.

The rental of an urban dwelling must be for a term longer than thirty (30) days. Short term rentals are prohibited.

2.

Demolition and Alteration. A proposed urban dwelling must not require demolition or alteration of any of the following types of housing:

a.

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

b.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

c.

Housing that has been occupied by a tenant in the last three years.

3.

Limit on Demolition. A proposed urban dwelling must not demolish more than twenty-five (25) percent of the existing exterior structural walls. This does not apply if the housing development has not been occupied by a tenant in the last three years.

4.

The urban dwelling shall comply with all requirements of the most recently adopted Building Code and Fire Code.

5.

An urban dwelling unit may be attached to an existing dwelling unit (duplex) or built as a separate detached unit, provided that the structures meet the building code and are sufficient to allow separate conveyance.

6.

None of the standards contained herein shall preclude construction of an 800 square foot urban dwelling unit.

7.

Objective Zoning Standards.

Number of Units. A proposed urban dwelling must contain no more than two units.

b.

If the existing residential dwelling is proposed to remain on a lot, it shall be renovated to match or complement the new construction in colors, materials and architectural style.

8.

An urban dwelling shall conform to the standards in Table 17.30.210.1 (Urban Dwelling Development Standards).

Table 17.30.215.1: Urban Dwelling and Urban Lot Split Development Standards

Development Standard	Existing Dwelling	New Urban Dwelling	Notes and Exceptions
Minimum Size	May remain as is	500 sq. ft.
Maximum Size	May remain as is	If the proposed urban dwelling meets all R-1 development standards then the maximum size is determined by F.A.R.*
Front Setback	May remain as is	20 ft.*
Rear Setback	May remain as is	Lesser of 25 ft. or 20% of lot depth*	More than 4 bedrooms and 2,000 sq. ft.: 35 ft.*
Side Setback	May remain as is	1stFloor: Greater of 5 ft. or 10% of lot width* 2ndFloor: 5 ft. min. 15 ft. combined*	For corner lots, refer to Rosemead Municipal Code Table 17.12.030*
Building Separation		20 ft.*
Parking	May remain as is	One space per unit	None required if located within ½ mile of transit corridor or if car share located within one block

Height May remain as is Two-story - 30 ft.

*If the proposed urban dwelling is unable to comply with the following R-1 development standards, an urban dwelling that is at least eight hundred (800) square feet in floor area, with side and rear yard setbacks of four feet shall be permitted.

D.

Review and Approval.

1.

Application. A completed application for administrative site plan and design review shall be submitted to the Community Development Department along with the accompanying fee.

2.

Staff Review. The director, or their designee, shall circulate the application for an urban dwelling to affected City departments for review and comment. All comments will be provided back to the applicant for review and any necessary revisions to the plans.

3.

Building Official Review. A proposed urban dwelling may be denied if the building official makes a makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The decision of the building official may be appealed to the Planning Commission in compliance with section 17.160.030.

4.

Ministerial Review. Proposals for an urban dwelling will be reviewed ministerially, without discretionary review or a hearing.

5.

Approval. If the application for an urban dwelling meets the requirements of Section 17.30.210, the Director of Community Development, or their designee, shall approve the application. The action of the director is final, unless appealed pursuant to Section 17.160.030.

(Ord. 1005, § 4, 1-25-22)

17.30.220 - Urban lot splits.

A.

Purpose. The purpose of this section is to implement Government Code Section 66411.7, which allows the City to adopt an urban lot split ordinance. Notwithstanding any other provision of the Municipal Code to the contrary, the provisions in this section shall govern the development of an urban lot split in the City of Rosemead.

B.

Applicability.

1.

A proposed urban lot split must be located within the R-1 (Single Family Residential), on the Official Zoning Map as defined in Article 2, Section 17.08.020 (Official Zoning Map).

2.

A proposed urban lot split must not be located within a historic district or property included on the State Historic Resources Inventory (see Section 5020.1 of the Public Resources Code), or within a site that is designated or listed as a City or County landmark or historic property or district pursuant to a City or County ordinance.

3.

Other Instances.

a.

An urban lot split is prohibited if the parcel is located areas specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.

b.

An urban lot split is prohibited if the owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within fifteen (15) years before the date that the development proponent applies.

C.

Urban Lot Splits. The following provisions shall apply to an urban lot split:

1.

Any unit built as a result of an urban lot split must be for a term longer than thirty (30) days. Short term rentals are prohibited:

2.

Comply with Subdivision Map Act. Urban lot splits must conform to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as expressly provided in this section.

3.

Dedication and Off-Site Improvements. A dedication of rights-of-way or the construction of offsite improvements for the parcels being created cannot be required as a condition of issuing a parcel map.

4.

Size and Number. The parcel map subdividing an existing parcel must create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than forty (40) percent of the lot area of the original parcel proposed for subdivision.

5.

Minimum Size. Both newly created parcels created by an urban lot split must be no smaller than one thousand two hundred (1,200) square feet.

6.

Prior Urban Lot Split. The parcel has not been established through prior exercise of an urban lot split as provided for in this section.

7.

Previously Subdivided Adjacent Site. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section.

8.

Existing Structures. No setback is required for an existing permitted structure, or a structure constructed in the same location and to the same dimensions as an existing permitted structure.

9.

Demolition and Alteration. A proposed urban lot split must not require demolition or alteration of any of the following types of housing:

a.

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

b.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

c.

Housing that has been occupied by a tenant in the last three years.

Limit on Demolition. A proposed urban lot split must not demolish more than twenty-five (25) percent of the existing exterior structural walls. This does not apply if the housing development has not been occupied by a tenant in the last three years.

11.

Fire Department and Utility Easements. An easement must be provided over the front parcel to the rear parcel for access to the public right-of-way, providing public services and facilities, maintenance of utilities, and (if required) fire department access.

12.

Owner Occupied. The applicant for an urban lot split must sign an affidavit stating that the applicant will occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split. This requirement does not apply to an applicant that is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code or is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code.

13.

Non-Conforming Zoning Conditions. Nonconforming zoning conditions are not required to be made conforming before approving an application.

14.

Objective Zoning Standards.

a.

Flag Lots.

i.

Lot Width. All newly created parcels as a result of an urban lot split shall have a minimum lot width of fifty (50) feet.

ii.

Lot Frontage. The lot frontage for the flag lot development shall be a minimum of fifteen (15) feet and shall be parallel to the street.

b.

Number of Units. A proposed urban lot split shall contain not more than two dwelling units per lot. All (existing or new) accessory dwelling units (ADUs) and junior ADUs will be counted toward the maximum number of units. An urban lot split shall contain not more than four residential units, two per parcel.

If the existing residential dwelling is proposed to remain on a lot, it shall be renovated to match or complement the new construction in colors, materials, and architectural style.

15.

An urban dwelling that is proposed as part of an urban lot split shall conform to the standards in Table 17.30.210.1 (Urban Dwelling and Urban Lot Split Development Standards).

D.

Review and Approval.

1.

Application. A completed tentative parcel map application shall be submitted to the Community Development Department with the accompanying fee. The filing fee shall equal fifty (50) percent of the tentative parcel map fee as established by City Council resolution.

2.

Staff Review. The director, or their designee, will circulate the application for an urban lot split, along with the parcel map, to affected City departments and outside agencies for review and comment. City comments will be provided back to the applicant for review and necessary revisions.

3.

4.

Ministerial Review. Proposals for urban lot split will be reviewed ministerially, without discretionary review or a hearing.

5.

Approval. If the application for urban lot split meets the requirements of Section 17.30.220, the Director of Community Development, or their designee, shall approve the application. The action of the director is final, unless appealed pursuant to Section 17.160.030.

(Ord. 1005, § 6, 1-25-22)

Chapter 17.32 - ACCESSORY STRUCTURES

17.32.010 - Purpose and applicability. ¶

This chapter establishes standards for the development and use of all accessory structures that are necessarily or customarily incidental to an allowed primary use. The development standards are intended to ensure that accessory structures located in any zone do not adversely impact adjacent parcels or the surrounding neighborhood.

Any permitted accessory structure that does not require a city of Rosemead Building Permit, must meet the minimum requirements of this Code for use, placement on a parcel, height, and size.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.32.020 - Permit requirements.

The construction and/or relocation of an accessory structure shall require Site Plan and Design Review in accordance with Chapter 17.136 (Site Plan and Design Review), in addition to any building permits required by the Building and Safety Division.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.32.030 - Accessory structures in residential zones.

A.

Residential Accessory Structures Defined. "Residential accessory structure" means an attached or detached structure that is a part of, and clearly incidental and secondary to, a residence and that does not change the character of the residential structure. Includes accessory 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.

Requirements for Residential Accessory Structures.

1.

Size. The maximum size for a detached accessory structure shall be seven hundred and fifty (750) square feet. The square-footage of fully enclosed, attached accessory structures (i.e. workshops, storage sheds, but not including residential garages) shall be counted towards the maximum Floor Area Ratio. Unenclosed

attached accessory structures shall have no size limitation, provided that residential setback requirements are satisfied.

2.

Height. Detached accessory structures shall be limited to one story in height and any attic shall be less than five feet in height and not habitable. Attached accessory structures are allowed to have a habitable second story if the living space is accessible from within the residence and there is no separate outside entrance to the living space.

3.

Location.

a.

There shall be a minimum distance of six feet between detached accessory structures and between a main building and an accessory structure.

b.

No detached accessory structure shall be located within three feet of an interior property line.

c.

Detached accessory structures shall be located in the rear half of the lot, excluding detached garages, which shall not extend into the required front setback for the main building.

d.

On a corner lot no accessory buildings shall be located less than twenty (20) feet from the side street line.

e.

On reverse corner lots, accessory structures located on the rear twenty-five (25) feet of the lot shall not extend beyond the required front yard of the abutting key lot.

f.

When the slope of the front half of a lot is greater than a one-foot rise or fall in a horizontal distance of four feet from the established street elevation at the front property line, one attached or detached garage may be permitted to occupy the required front yard of an interior lot. However, no portion of any such garage shall be less than five feet from the side or front property line and the garage shall not exceed ten (10) feet in height.

g.

Portable shade structures shall not be located in a side or front yard. Temporary, portable shade structures may be permitted in the rear yards, subject to the approval of a site plan approval, provided that they are not visible from the public right-of-way, that they meet all applicable setback and height requirements for

accessory structures and that they do not obstruct access to required parking. Such temporary structures shall be maintained in good condition. Torn fabric, bent or broken support members shall be replaced or repaired as needed. Any temporary structure maintained in disrepair shall be repaired, replaced, or removed from the site. Reflective, mirror-type material is prohibited. Temporary structures are subject to building coverage requirements and shall be included in the maximum lot coverage.

h.

In the R-3 zone there shall be a minimum distance of fifteen (15) feet measured horizontally between a swimming pool and the nearest point of a balcony, porch, second story patio, sun deck, or other architectural feature of a building or structure with windows, doors, or other openings of sufficient size to permit the passage of persons.

4.

Garages. The capacity of a garage shall not exceed three automobiles and seven hundred and fifty (750) square feet per dwelling unit.

5.

Architectural Consistency. All accessory structures on a permanent foundation shall be consistent in exterior appearance with the primary structure through the use of similar/matching exterior paint colors, material types, and architectural styles.

6.

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

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 979, § 3(Exh. A), 6-12-18)

17.32.040 - Accessory structures in nonresidential zones.

A.

Height Adjacent to Residential Zones. In all zones, accessory structures shall not exceed a height of fifteen (15) feet, when located within between a residential property line and the variable height measuring point, as illustrated in the Variable Height Diagrams in Section 17.08.050I, provided that the minimum building setback requirements in the underlying zone are satisfied.

B.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.32.050 - Solid waste and recyclable materials storage areas.

Design and construction of storage waste areas shall be subject to the approval of the Community Development Director or his/her designee. The following are minimum standards:

A.

Architectural Design. Enclosed solid waste collection areas shall be conveniently located and shall be an integral part of the architectural development of properties with three or more residential units and all properties with nonresidential development. The enclosure areas shall be of the same architectural style of the development by the use of colors, materials, and design.

B.

Minimum Dimensions. Enclosure dimensions shall be a minimum of six feet six inches in depth by ten (10) feet eight inches in width for single bin enclosures, and a minimum of six feet six inches in depth by eighteen (18) feet eight inches in width for double bin enclosures. Trash enclosures shall be constructed with reinforced masonry block walls not less than six feet in height and shall be equipped with self-closing, solid, doors and a solid roof. The roof should provide adequate clearance to allow complete access of waste bins. The enclosure shall be designed to accommodate individual bins or containers that protect contents from adverse environmental conditions that might render recyclable materials unmarketable.

C.

Location. No trash enclosure shall be located in any required parking stall, vehicle back-up aisle, or required landscaped area.

D.

Adequate vehicular access to and from the solid waste collection area shall be provided.

E.

Solid waste collection areas shall be maintained in a closed manner at all times to prohibit the visibility from public right-of-way or adjacent property. Doors shall be properly secured to prevent access by unauthorized persons and minimize scavenging, while allowing authorized persons' access for disposal and collection of materials.

(Ord. No. 931, § 5(Exh. A), 10-22-13)