§ 17.30

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)

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)

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.

Operating Standards. This Section establishes operational standards for defined establishments involved in the sale of alcoholic beverages.

Alcohol Consumption on Premises Prohibited. Consumption of alcoholic beverages inside a retail alcohol sales establishment, outside the building, or elsewhere outside on the premises shall be prohibited.

2.

Sales Activities. Alcoholic beverages shall not be sold:

a.

Outside the exterior walls of the alcohol sales establishment; or

b.

From drive-up or walk-up service windows;

3.

Litter and Graffiti. The owner/operator shall:

a.

Maintain the exterior of the premises, including signs and accessory structures, free of litter and graffiti at all times;

b.

Provide for daily removal of trash from the premises and abutting sidewalks or alleys within twenty (20) feet of the premises; and

4.

Security. The Planning Commission may require on-site security (for example security personnel, security programs, and/or surveillance devices), both inside and outside the building, to satisfy concerns raised by the Chief of Police.

5.

Sales Training.

a.

Personnel. Owners, operators, and managers of establishments selling alcoholic beverages shall complete a Licensee Education on Alcohol and Drugs (LEAD) program sponsored by the Department of Alcoholic Beverage Control.

b.

Records. Records of each owner's and operator's successful completion of the LEAD training program shall be maintained on the premises and shall be presented to a representative of the City upon request.

6.

Conditions of Approval. The owner/operator shall maintain a copy of the most recent City permit, conditions of approval, and operating standards on the premises and shall post a notice that these are available for review on the premises. The posted copy shall be signed by the permittee.

7.

Public Telephones. Upon request of the Chief of Police or as required by the ABC, a public telephone located on the premises or in an adjacent area under the control of the owner/operator shall be equipped with devices or mechanisms that prevent persons from calling in to that public telephone.

D.

Signs. Signs shall comply with Chapter 17.116 (Signs). In addition, the following shall apply:

1.

Window signs shall not obstruct the view of the interior of the premises (e.g., sales counter, cash register, employees, customers, etc.) from the exterior.

2.

Loitering, open container, and other signs specified by the Alcoholic Beverage Control Act shall be posted as required by the ABC.

E.

Permit Requirements.

1.

New Permits.

a.

A conditional use permit, obtained pursuant to the provisions of Chapter 17.132 (Conditional Use Permits), shall be required for any business (other than sit-down restaurants with one thousand (1,000) square feet of floor area or larger) that sells alcoholic beverages for on-site or off-site consumption. This requirement shall apply to any new business proposed to locate within the City, as well as to existing businesses applying for a new state permit to sell alcoholic beverages. All required permits and licenses shall be obtained prior to commencement of the use.

b.

An administrative use permit, obtained pursuant to the provisions of Chapter 17.128 (Administrative Use Permits), shall be required for sit-down restaurants with one thousand (1,000) square feet of floor area or larger that sells beer/wine for on-site consumption. This requirement shall apply to any new business proposed to locate within the City, as well as to existing businesses applying for a new state permit to sell alcoholic beverages. All required permits and licenses shall be obtained prior to commencement of the use.

2.

Required Findings. Prior to approval of a new or modified permit for an alcohol sales establishment, the Review Authority, as set forth under Table 17.120.020.1, shall find that the use is consistent with the purpose and intent of this section. This finding shall be in addition to the findings required by Chapters 17.128 (Administrative Use Permits) or 17.132 (Conditional Use Permits). In making the required finding, the Review Authority shall consider the following:

a.

The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City.

b.

The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts.

c.

The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors.

d.

Whether or not the proposed modification will resolve any current objectionable conditions.

3.

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

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

C.

Development Standards.

1.

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

2.

Adequate lighting for the ATM shall be provided.

3.

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

4.

The ATM shall comply with ADA accessibility standards.

5.

A trash receptacle shall be immediately accessible to the ATM.

6.

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

7.

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

(Ord. No. 931, § 5(Exh. A), 10-22-13)

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

A.

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

B.

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

C.

Development Standards.

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

8.

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

9.

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

10.

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

11.

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

12.

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

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.30.070 - Automotive lube and tune facility.

A.

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

B.

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

C.

Development and Operating Standards.

1.

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

2.

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

3.

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

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)

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.

g.

Parking.

1)

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

2)

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

h.

Miscellaneous Provisions.

1)

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

a)

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

b)

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

c)

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

d)

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

e)

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

i.

Hours of Operation.

1)

Unlimited, except as otherwise provided by the Planning Commission.

5.

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

a.

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

b.

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

c.

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

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.30.090 - Body art.

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.

A.

Purpose. The purpose of this Section is to regulate the placement of unattended donation boxes within the city. The procedures and requirements of this chapter are enacted to:

1.

Promote the community's health, safety, and welfare by regulating unattended donation boxes for clothing or other salvageable personal property within the City;

2.

Promote that unattended donation boxes do not pose a hazard to pedestrian and vehicular traffic;

3.

Promote that material is not allowed to accumulate outside of the unattended donation boxes where it can be scattered by adverse weather conditions, animal contacts or human activities; and

B.

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

C.

City Standards. Outdoor charitable donation boxes shall comply with all of the following location, development, and operational standards.

1.

No more than one donation box shall be allowed on a single site or shopping center.

2.

No unattended donation box shall be placed within four hundred (400) feet from another unattended donation box.

3.

The donation box shall be secured against theft or unauthorized removal.

4.

The party responsible for the donation box shall ensure that the box and surrounding site are properly maintained and that donated materials do not fall, spill, or accumulate outside of the box. If the party responsible for the donation box fails to provide the required maintenance, the property owner shall be responsible for all of the maintenance specified in this Subparagraph.

5.

The party responsible for the donation box shall ensure that the box is removed and the site is cleared of any evidence of its previous setup when the box is no longer needed or has been inactive for sixty (60) days. If the party responsible for the donation box fails to provide the required removal and clean-up, the property owner shall be responsible for the removal and clean-up specified in this Subparagraph.

D.

Application Procedure. The approval of an administrative Site Plan and Design Review by the Planning Division shall be required prior to the placement of any outdoor donation box.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.30.110 - Drive-through or drive-up facilities.

A.

Purpose. The purpose of the following provisions is to provide location and operational standards for retail trade or service uses providing drive-through and drive-up facilities to ensure that the facilities are designed and operated to effectively mitigate problems of congestion, excessive pavement, litter, noise, pedestrian safety, traffic, and unsightliness. (See Figure 17.30.100.1, Drive-Though Site Planning.)

B.

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

C.

City Standards. The Traffic Engineer may modify the following standards to accommodate specific site conditions.

1.

Drive-through aisles should be inwardly focused within the site and located away from adjoining streets and adjoining properties, wherever feasible.

2.

Pedestrian walkways (including ADA access areas) should not intersect the drive-through access aisles, but where they do, they shall have clear visibility and be emphasized by enhanced paving or markings.

3.

The provision of drive-through and drive-up service facilities shall not justify a reduction in the number of required off-street parking spaces.

4.

Drive-through access aisles should provide sufficient space before the menu board to accommodate at least five waiting vehicles and at least five waiting vehicles between the menu board and the drive-up service window. Drive-through access aisles shall be for vehicle stacking only. Drive-through access aisles shall provide adequate queuing space before a menu board or a pick-up/service window for an ATM, pharmacy, or similar use. Drive-through access aisles shall have a minimum 10-foot interior radius at curves and a minimum 12-foot width;

5.

Drive-through access aisles shall be separated by curbing and landscaping from the circulation routes necessary for ingress to or egress from the property or access to a parking space. Drive-through lanes shall be designed separately from drive-through access aisles and shall avoid the blocking of parking stalls or pedestrian access.

6.

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

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.

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

2.

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

3.

Noise. For the purposes of noise abatement, organized outdoor activities and intake of residents in 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)

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

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

Number of Rooms.

a.

Hotels: Minimum fifty (50) rooms.

b.

Motels: Minimum fifty (50) rooms.

6.

Floor Area Per Guest Room:

a.

Hotels: Minimum four hundred (400) square feet.

b.

Motels: Minimum three hundred (300) square feet.

c.

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

7.

Interior/Exterior Corridors:

a.

Hotels: Interior corridors only.

b.

Motels: Exterior corridors permitted.

8.

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

9.

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

10.

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

a.

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

b.

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

c.

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

11.

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

12.

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

13.

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

14.

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

15.

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

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)

A.

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

B.

Applicability. The provisions in this section shall apply to Internet café and game arcades as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts,

Allowable Land Uses and Zone Specific Standards) and the following city standards.

C.

City Standards. The following provisions shall apply to Internet and cyber cafés and Game Arcades as defined in Article 1 and where allowed in compliance with this chapter.

1.

No Internet or cyber cafés or game arcade use shall be established or maintained within a 500-foot radius, as measured from the property line, of any park, school, other Internet café/arcade, or a public playground.

2.

Adult-oriented business activities and/or uses are prohibited, unless specifically approved in compliance with the requirements of Chapter 5.08 and Section 17.30.030 (Adult Businesses).

3.

Internet site blocking, for the purposes of restricting adult sites, shall be required.

4.

Internet and cyber cafés and game arcades shall provide full-time adult attendants or supervisors, twentyone (21) years of age or older, at a ratio of at least one attendant/supervisor for each ten (10) machines, plus one security guard for each twenty (20) machines or fraction thereof or as otherwise directed by the Community Development Director.

5.

Hours of operation shall be limited to eight a.m. to ten p.m., Sunday through Thursday, and eight a.m. to twelve a.m. midnight, Friday and Saturday, unless alternative hours are specifically approved through the Conditional Use Permit process. These hours of operation shall be posted in a conspicuous place to the satisfaction of the Community Development Director.

6.

A person shall not enter, be, or remain in any part of an Internet and Cyber Café or Game Arcade while in the possession of, consuming, using, or under the influence of any alcoholic beverage or drug.

a.

No licensee or manager shall permit any person in possession of, consuming, using, or under the influence of any alcoholic beverage or drug to enter or remain on the premises.

b.

Signs shall be posted stating this condition to the satisfaction of the Community Development Director.

7.

Minors shall be accompanied by a parent or legal guardian after ten p.m. and may not enter the facility during those times when any public school within the City is conducting its regular education program. Patrons who appear under the age of twenty-five (25) shall present proper identification to verify their age before using the facility. Notice of these prohibitions shall be posted at the entrance to the satisfaction of the Community Development Director.

8.

Adequate lighting shall be maintained inside the business and parking areas. An interior and exterior lighting plan shall be reviewed and approved by the Community Development Director before occupancy.

9.

No window(s) shall be obstructed, tinted, or otherwise covered during business hours.

10.

Establishments with internet access consisting of twenty-five (25) percent or more of the gross floor area shall provide a waiting area with seating equal to one seat for every four computer stations.

a.

No waiting list may be maintained beyond the seating capacity of the waiting area.

b.

No outside waiting (loitering) or seating area shall be allowed and signs shall be posted stating this prohibition to the satisfaction of the Community Development Director.

11.

The applicant shall submit and receive an approved plan from the Los Angeles County Fire Department.

a.

The plan shall address all exiting requirements of the Uniform Building and Fire Codes.

b.

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

12.

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

a.

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

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

(Ord. No. 931, § 5(Exh. A), 10-22-13)

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.

Applicability. The provisions in this Subsection shall apply to large family child day care homes, as defined by current State law, which shall be allowed in all residential zones in compliance with Article 2 (Zoning Districts, Allowable Land Uses, and Zone Specific Standards) and the following standards.

State and Other Regulatory Requirements. These standards shall apply in addition to requirements imposed by the California Department of Social Services and other regulatory agencies (e.g., Los Angeles County Fire Department).

4.

City Standards. All large family child day care homes shall comply with all of the following City standards:

a.

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

b.

Large family child day care home permit required.

1)

Review of Permit - Community Development Director. An Administrative Use Permit shall be reviewed and either approved or denied by the Community Development Director in compliance with the provisions of Health and Safety Code Section 1597.46(a)(3), this Section, and Chapter 17.128.

2)

Approval of Permit. The permit may be approved only if the large family child day care home complies with Health and Safety Code Section 1597.46(d), this Section, all applicable City ordinances, and any regulations adopted by the State Fire Marshal.

c.

Care Provider's Residence. The large family child day care home shall be the primary residence of the care provider, and the use shall be clearly residential in character and shall be incidental and accessory to the use of the property as a residence.

d.

Fences or Walls Required.

1)

A six-foot high solid decorative fence or masonry wall shall be constructed and properly maintained along all property lines or around the area where outdoor care is provided (as deemed appropriate by the Community Development Director), except in the front setback area, in compliance with the requirements of Chapter 17.68 (Fences, Walls, and Landscape Screening).

2)

Fences or walls shall provide for safety with controlled points of entry.

e.

Play Area and Equipment. Outdoor play area(s), including all stationary play equipment, shall be located in the rear area of the parcel.

f.

Separation.

1)

A large family child day care home proposed within a residential zone shall not be located within a 300-foot radius of another large family child day care home, other day care facility, or group home facility, disregarding the corporate boundary of the City.

2)

The Community Development Director may allow more than one large family child day care home within three hundred (300) feet of any another similar facility specified in Subparagraph (a), above, if the applicant first demonstrates one of the following to the satisfaction of the Community Development Director:

a)

Any existing large family child day care home located within three hundred (300) feet is at capacity; or

b)

The need exists for a particular or unique service not provided by an existing facility specified in Subparagraph (a), above, located within three hundred (300) feet of a proposed large family child day care home.

g.

Drop-Off/Pick-Up Areas, and Use of Garages.

1)

A minimum of two off-street parking spaces shall be provided as a drop-off and pick-up area. The spaces shall be in addition to those required for the dwelling unit in compliance with Chapter 17.112 (Off-Street Parking and Loading). A driveway may be used to provide the spaces; provided, the City Engineer approves the arrangement based on traffic and pedestrian safety considerations.

2)

A passenger loading plan shall be required to minimize noise and parking issues to the maximum extent possible.

3)

A facility located on a through street classified as a collector or arterial street shall provide a drop-off and pick-up area that does not require backing into the street.

4)

Garages shall not be used as a family child day care play area unless alternative on-site covered parking is available to meet minimum residential parking requirements. If alternative onsite parking is provided within a new enclosed garage, the existing garage shall be improved to meet Building and Fire Code regulations as a habitable space.

h.

Noise. In order to protect adjacent residential dwellings from noise impacts, a large family child day care home located within a residential zone may only operate a maximum of seventeen (17) hours each day between the hours of six a.m. and eleven p.m. and may only conduct outdoor activities between the hours of seven a.m. and nine p.m.

i.

No Exterior Evidence. There shall be no exterior evidence, advertising, or signage identifying the large family child day care home.

j.

Inspection required.

1)

Before commencing operation of a large family child day care home, the City Building Inspector shall conduct an inspection of the premises on which the large family child day care home is to be operated to ensure that there is no unpermitted building, electrical, and/or mechanical improvements to the property.

2)

The property owner shall obtain and finalize all required building permits for all unpermitted construction on the premises before commencing the onsite operation of a large family day care home.

k.

Issuance of Large Family Day Care Home Administrative Use Permit. The Community Development Director shall issue the Large Family Day Care Home Administrative Use Permit before the operation of the large family child day care home begins, once the operator has demonstrated compliance with Health and Safety Code Section 1597.46(d), this Section, all applicable City ordinances, and any regulations adopted by the State Fire Marshal.

C.

Child Day Care Home - Small Family.

1.

Purpose. This Subsection provides provisions for the location and operation of small family child day care homes for eight or fewer children in compliance with State law.

2.

Applicability. The provisions in this Subsection shall apply to small family child day care homes, as defined by current State law, where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses, and Zone Specific Standards) and the following standards.

3.

State Requirements.

a.

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

b.

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

4.

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

(Ord. No. 931, § 5(Exh. A), 10-22-13)

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.

h.

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

i.

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

j.

Signs may only be provided as follows:

1)

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

2)

Signs must be consistent with the character of the location.

3)

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

k.

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

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

3.

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

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

g.

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

h.

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

i.

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

j.

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

k.

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

(Ord. No. 931, § 5(Exh. A), 10-22-13)

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.

On a lot with a proposed or existing single-family dwelling, the number of permitted ADUs are:

a.

One attached ADU within the existing or proposed single-family dwelling or within an existing accessory structure; or

b.

One detached new construction ADU and one JADU.

4.

On a lot with existing detached single-family dwellings, the number of permitted ADUs are:

a.

ADUs shall conform to the standards in Table 17.30.190.1.

b.

One proposed ADU within an existing accessory structure.

5.

On a lot with an existing multifamily dwelling unit or two-family dwelling (duplex) unit, the number of permitted ADUs are:

a.

Not more than two detached ADU on a lot with one existing multifamily dwelling unit or two family-dwelling (attached duplex) unit.

b.

At least one attached ADU is permitted within the existing multifamily dwelling unit or existing two-family (duplex) unit and up to twenty-five (25) percent of the existing dwelling units are permitted within the portions of the existing structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.

6.

The ADU(s) must be served by the same driveway access to the street as the existing primary dwelling unit, unless the ADU(s) have access from a public alley contiguous to the lot.

7.

No ADUs shall be used as a short-term rental.

8.

To the extent possible, the creation of an ADU shall not alter the primary dwelling appearance of the lot. The following shall apply:

a.

For the construction of a new ADU, the ADU shall match or complement the primary residence in architectural design, color, and materials.

b.

For the conversion of an existing accessory structure into an ADU, the ADU shall be permitted to remain as is. However, if an existing garage use is being converted into an ADU, all garage doors shall be removed.

c.

An ADU shall have independent exterior access, and shall not have interior access from the primary residence.

9.

The ADU may not be sold separate from the primary residence.

10.

An owner-occupancy requirement for an ADU permitted between January 1, 2020 to January 1, 2025 shall not be required. However, the City may impose an owner-occupancy requirement after January 1, 2025.

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

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.

b.

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)

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.

C.

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.).

b.

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)

d.

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.

a)

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)

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.

a.

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

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.

c.

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.

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 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