Rosemead Municipal Code § 17.08.010 Districts established

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

Table 17.08.010.1 ZONING DISTRICTS

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

The official Rosemead Zoning Map has been adopted separately by the City Council and is on file in the office of the City Clerk. The Zoning Map is made a part of this Title by reference, and all notations, references and other information shown thereon shall be as much a part of this Title as if such notations, references and information were fully set forth herein. All properties included in such zoning map are classified and zoned in accordance with the zoning designation shown on the Zoning Map.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

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

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

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

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

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

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

(Ord. No. 931, § 5(Exh. A), 10-22-13)

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

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

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

(Ord. No. 931, § 5(Exh. A), 10-22-13)

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

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

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

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

2. Building Height. Where a building height is given, this shall be the maximum building height, except as specifically authorized in Article 2, Chapter 17.12 (Residential Zoning Districts), Chapter 17.16 (Commercial Zoning Districts), Chapter 17.20 (Commercial and Industrial Zoning Districts), Chapter 17.24 (Special Purpose Zoning Districts), and Chapter 17.28 (Overlay Zones). Except as hereinafter provided, no building shall be erected nor any existing building be moved, reconstructed or structurally altered to exceed in height the limit established by this Title, or amendments thereto, for the zone in which such building is located.

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

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

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

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

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

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

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

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

4. Lot Area and Dimension Requirements.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[Figure]

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

[Figure]

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

[Figure]

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

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

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

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

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

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

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

P: Automobile Parking Zone

O-S: Open Space Zone

R-1: Single-Family Residential

R-2: Light Multiple Residential Zone

R-3: Medium Multiple Residential Zone

P-O: Professional Office Zone

C-1: Neighborhood Commercial Zone

C-4: Regional Commercial Zone

CBD: Central Business District Zone

C-3: Medium Commercial Zone

CI-MU: Commercial/Industrial Mixed-Use Zone

M-1: Light Manufacturing and Industrial Zone

P-D: Planned Development Zone

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

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