The purpose of this chapter is to prescribe site regulations that apply, except where specifically stated, to development in all zoning districts. These standards shall be used in conjunction with the standards for each district established in Article II. In any case of conflict, the standards specific to the district shall control.

(Ord. 4823, passed 1-22-24)

   (A)   Applicability. 

      (1)   Detached structures. The provisions of this section apply to roofed structures, including but not limited to garages, carports, sheds, workshops, gazebos, and covered patios which are detached from and accessory to a main building on the site. These provisions also apply to detached, open, unroofed structures such as play equipment, and trellises, that are over 24 inches in height and decks whose finished floor is over 24 inches in height.

      (2)   Attached structures. The provisions of this section do not apply to accessory structures attached to a main building, which shall comply in all respects with the requirements of this Title applicable to the main building. Structures with a common wall or roof with the main building shall be considered part of the main building.

      (3)   Accessory dwelling units. Accessory dwelling units, attached or detached, are subject to the standards of § 23.22.040.

   (B)   Relation to existing structures. A detached accessory structure may only be constructed on a lot on which there is a permitted main building to which the accessory structure is related.

   (C)   Development standards. Accessory structures shall meet the development standards of the zoning district in which it is located except as follows:

      (1)   Maximum height. Accessory structures shall not exceed a height of 15 feet.

      (2)   Street side setbacks. Accessory structures less than four feet in height may be located within the required street side setback up to three feet from the street side lot line.

      (3)   Interior side and rear setbacks. Accessory structures shall be set back a minimum of three feet from any interior side or rear lot line.

      (4)   Rear yard coverage. Accessory structures shall not occupy more than 40% of the required rear yard setback area.

   (D)   Plumbing. Residential accessory structures may have the plumbing for laundry, water heaters, toilet, shower, and/or sink subject to the following limitations:

      (1)   Sinks are limited to single compartment sinks; multi-compartment kitchen type sinks are not allowed.

      (2)   Access to a bathroom must be from the exterior of the building only. No interior access is allowed.

(Ord. 4823, passed 1-22-24)

   A substandard lot is any lot or parcel of land that was legally created through a recorded deed even when consisting of an area, width, or depth less than that required by zoning district regulations.

   (A)   Development standards. A substandard lot is buildable but shall be subject to the same development standards as a standard lot.

   (B)   Reductions prohibited. No substandard lot shall be further reduced in area, width, or depth, unless such reduction is required as part of a public improvement.

(Ord. 4823, passed 1-22-24)

   Where setbacks and open yard areas are required in this title, they shall be not less in depth or width than the minimum dimension specified, shall be at every point open, and shall not be obstructed with non-movable features from the ground upward, except as provided in Table 23.12.040, Allowed Encroachments into Required Setbacks, or as specifically identified in another section of this title.

 

   Fences, walls, dense hedges, and similar structures shall comply with the standards of this section.

   (A)   Maximum height. The maximum allowed height of fences, walls, dense hedges, and related structures is as follows:

      (1)   Front and street side yards. Fences, walls, dense hedges, and similar structures located within front and street side yards are subject to design review pursuant to Chapter 23.26 and the following.

         (a)   Fences, walls, dense hedges, and similar structures may be a maximum of three feet high measured from finished grade when located within the front yard or within five feet of a street side property line.

            1.   In the event that there is a retaining wall, the maximum height of the fence or wall shall not exceed three feet, measured from the grade of the dirt for which the wall is retaining, but in no event shall the height of the retaining wall, together with the fence or wall, exceed six feet above sidewalk elevation.

         (b)   The fence or wall shall not be constructed from grey smooth block unless architecturally treated (i.e. sand finish stucco, veneer, and the like), wire or chain link.

         (c)   The fence or wall shall not contain any points, spikes, or ornamentation along its top.

         (d)   The fence or wall shall be architecturally compatible with the design and style of the associated development.

   (C)   Maintenance. All walls and fences shall be maintained in a safe, neat and orderly condition at all times. The finished side of all perimeter fencing shall face adjacent properties.

(Ord. 4823, passed 1-22-24; Ord. 4831, passed 8-26-24)

   (A)   Purpose. The purpose of the flexible development standards for housing is to increase opportunities for the development of housing and promote higher quality multiple-family residential development by providing a more flexible approach to development standards.

   (B)   Applicability. Flexible development standards apply to all development on lots 20,000 square feet in size or larger that provide a minimum of 30 residential dwelling units per acre.

   (C)   Allowed flexibility. The Director shall allow all applicable housing developments to deviate from requirements of property development standards specified in this title, not to exceed 20% of the requirement.

(Ord. 4823, passed 1-22-24)

   The intent of this section is to ensure that the finish grade of a project site is commensurate with or not significantly higher than the finished grade of adjacent properties.

   (A)   A project site shall not be artificially raised so that the finished elevation of the first floor street elevation of any structure, excepting subsurface parking, is more than three feet higher than the top of the required curb at any point of any adjacent public right-of-way.

   (B)   A project site shall not be artificially raised more than two feet above the finished grades of adjacent properties measured at the property line.

(Ord. 4823, passed 1-22-24)

   The structures listed in the following table may exceed the maximum permitted building height for the zoning district in which they are located, subject to the limitations stated and further provided that no portion of a structure in excess of the building height limit may contain habitable areas or advertising.

 

   (A)   Applicability. The standards of this section apply to all new development and to exterior alterations and additions that involve replacement light fixtures or systems, except as provided below.

      (1)   Exemptions. The following lighting is exempt from the provisions of this section.

         (a)   Public street lighting.

         (b)   Athletic field lights. Athletic field lights used within a public school campus or public park.

         (c)   Safety and security lighting. Safety and security lighting for public facilities.

         (d)   Construction and emergency lighting. All construction or emergency lighting fixtures, provided they are temporary and are discontinued immediately upon completion of the construction work or abatement of the emergency.

   (B)   Prohibitions. The following types of exterior lighting are prohibited.

      (1)   Searchlights. The operation of searchlights for advertising purposes.

      (2)   Mercury vapor. Mercury vapor lights.

      (3)   Other light types. Laser lights or any other lighting that flashes, blinks, alternates, or moves.

   (C)   Minimum illumination. 

   (D)   Maximum height. Light standards shall not exceed 20 feet in height and shall be appropriate in scale, intensity, and height to the use they are serving.

      (1)   Exceptions. The Planning Commission may allow additional height for activities, uses, or development with unique lighting needs; for accentuating historic architectural features of a building, accentuating signage and/or landscape features; or for security purposes.

   (E)   General requirements. 

      (1)   Fixture types. All luminaries shall meet the most recently adopted criteria of the Illuminating Engineering Society of North America (IESNA) for "cut off" or "full cut off" luminaries.

      (2)   Design of fixtures. Fixtures shall be appropriate to the style and scale of the architecture. Fixtures on buildings shall be attached only to walls or eaves, and the top of the fixture shall not exceed the height of the parapet or roof or eave of roof.

      (3)   Timing controls. All outdoor lighting in non-residential development shall be on a time clock or photo-sensor system and turned off during daylight hours and during hours when the building are not in use and the lighting is not required for security.

      (4)   Trespass. All lights shall be directed, oriented, and shielded to prevent light trespass or glare onto adjacent properties. The light level at property lines shall not exceed 0.3 foot-candles.

   Storage of goods, materials, machines, equipment, and inoperable vehicles or parts outside of a building for more than 72 hours is prohibited except as provided below. The regulations of this section do not apply to temporary storage of materials required for or related to construction work on the premises pursuant to a valid building permit or to the parking and storage of operable vehicles.

   (A)   Industrial Zone. In the Industrial Zone, outdoor storage is permitted as an accessory use provided it does not exceed 49% of the area used for the primary use of the site. Additional accessory outdoor storage and outdoor storage as primary use is allowed with the approval of a conditional use permit.

      (1)   Location. Outdoor storage shall not be located in the required front and street side setbacks, parking and circulation areas, and required landscaped areas.

      (2)   Screening. Outdoor storage areas shall be screened from public rights-of-way, adjacent Residential Zones or residential uses, and publicly accessible open space areas with a solid masonry wall a minimum of six feet in height.

   (B)   Public Facilities Zone. In the Public Facilities Zone, outdoor storage is permitted as an accessory use provided it does not exceed 49% of the area used for the primary use of the site. Additional accessory outdoor storage is allowed with the approval of a conditional use permit.

      (1)   Location. Outdoor storage shall not be within the required setbacks, parking and circulation areas, and required landscaped areas

      (2)   Screening. Outdoor storage areas shall be screened from public rights-of-way, adjacent Residential Zones or residential uses, and publicly accessible open space areas with a solid masonry wall a minimum of six feet in height.

(Ord. 4823, passed 1-22-24)

   Storage of boats, trailers, recreational vehicles and other similar vehicles shall be prohibited unless specifically designated areas for the exclusive storage of such vehicles are set aside on the development plan and provided for in the project covenants, conditions and restrictions. Where such areas are provided, they shall be permitted in the interior and rear yards setback with a minimum of three feet from interior and rear property lines, shall be prohibited in the front and corner street side yards, enclosed and screened from view by a six-foot high decorative masonry wall and opaque gate, and landscaping, with adequate security lighting directed away from adjacent residences.

   (A)   The trailer or recreational vehicle shall not be occupied for living purposes.

   (B)   The trailer or recreational vehicle shall not be connected to any utility except for the purpose of preparing the trailer or recreational vehicle to leave the site.

(Ord. 4823, passed 1-22-24)

   This section establishes design and locational criteria for refuse, solid waste, recycling, compost, and green waste container storage areas. Refuse, solid waste, recycling, compost, and green waste are collectively referred to as "waste and recycling."

   (A)   General requirements. All waste and recycling shall be placed in appropriate receptacles. All garbage cans, mobile trash bins, receptacles, and all recycling materials and containers for such recycling materials shall be maintained and stored in compliance with this section.

      (1)   Space shall permit housing of required receptacles for separation of waste and recycling.

   (B)   Containment. All development shall provide either individual waste and recycling containers or waste and recycling enclosures consistent with the following:

      (1)   Individual waste and recycling containers. Individual waste and recycling containers for each unit or tenant may be provided as follows:

         (a)   Development type. Individual waste and recycling containers may be provided for:

            1.   Single-unit development.

            2.   Multi-unit development with three or fewer units.

            3.   Non-residential development where the Director finds that the nature of the proposed development is such that the development will be adequately served with individual waste and recycling containers.

         (b)   Location. The waste and recycling containers shall not be located within any of the following areas:

            1.   Required front or street side setback.

            2.   Required parking areas.

            3.   Required landscaped areas.

            4.   Any other area required by this title or any fire, building, or public safety code to be constructed or maintained unencumbered.

         (c)   Visibility. The waste and recycling containers shall not be visible from a public right-of-way.

      (2)   Waste and recycling container enclosures. Waste and recycling container enclosures are required for all new residential developments of four or more residential units and non-residential development except where the Director finds the development will be adequately served with individual waste and recycling containers pursuant to division (B)(1)(a) above.

         (a)   Size. Waste and recycling-container enclosures shall be sized to accommodate all trash, garbage, recyclables, and green waste receptacles until such items are picked up by the city or its contracted waste and recycling collector.

         (b)   Location. 

            1.   The waste and recycling container enclosure shall be located within 100 feet of an access point to the building they serve for non-residential development and within 200 feet of an access point to the unit it serves for residential development.

            2.   The waste and recycling container enclosure shall not be located within any required front setback, street side setback, any required parking and landscaped areas, or any other area required by this title to be constructed or maintained unencumbered.

   FIGURE 23.12.120.B.2.B: WASTE AND RECYCLING CONTAINER ENCLOSURES, LOCATION

         (c)   Accessibility. 

            1.   Waste and recycling storage areas shall be accessible so that trucks and equipment used by the contracted waste and recycling collector have sufficient maneuvering areas and, if feasible, so that the collection equipment can avoid backing up.

            2.   For residential development with ten or more units, independent access shall be provided such that trash can be deposited without opening gates.

         (d)   Screening. Waste and recycling storage areas located outside or on the exterior of any building shall be screened with a solid enclosure at least five feet high and include a roof structure.

         (e)   Enclosure material. Enclosure material shall be solid masonry or concrete tilt-up with decorated exterior-surface finish. The trash enclosure shall match and complement the color scheme and architecture of the associated development.

         (f)   Gate material. Latching, view-obscuring gates shall be provided to screen trash enclosure openings.

(Ord. 4823, passed 1-22-24)

   (A)   Applicability. The standards of this section apply to all new development and additions that expand existing floor area by 10% or more.

   Security devices, including gate, bars, grille or other such physical barrier intended to protect and secure a building, structure or storefront from unauthorized intrusion, shall be located and designed in compliance with the following standards.

   (A)   Residential Zones and residential uses. Security devices on doors and windows, are prohibited in all Residential Zones and on all residential uses. Those security devices installed prior to March 21, 2016 are considered legal nonconforming, provided they were installed in compliance with Fire Code then in effect, and may remain until such time as changes, modifications, alterations or improvements which require city approval are made to the structure.

   (B)   Non-residential Zones. Security devices are allowed in non-residential zoning districts. Security devices on building openings which face public streets shall comply with the following standards.

      (1)   Interior mounted security devices. Interior mounted security devices are allowed pursuant to Community Development Director approval and in compliance with the following standards.

         (a)   The security devices shall be interior mounted, retractable or openable, and concealed from public view during business hours.

         (b)   Any associated mechanical equipment or housing shall be concealed from public view.

         (c)   The security devices shall be architecturally integrated with the design of the building.

      (2)   Exterior mounted or fixed, non-retractable or non-openable security devices. Exterior mounted or fixed, non-retractable or non-openable security devices are allowed pursuant to Design Review Board approval and the following standards.

         (a)   Security devices, bars and decorative wrought iron grillwork may be permitted for windows or other building openings.

         (b)   Decorative wrought iron grillwork or gates may also be permitted for doors, porches, breezeways and other building openings. Such grill-work must be openable or retractable and concealed from view during business hours.

         (c)   Exterior mounted security shutters are also permitted provided that such devices are retractable and are concealed from view during business hours.

         (d)   Security devices shall be architecturally integrated with the design of the building, shall be aesthetically attractive and shall not overwhelm or dominate the building.

   (C)   Installation. Security devices shall be installed in compliance with all applicable regulations of the Fire and Police Departments and the Building Division.

   (D)   Nonconforming security devices. Immediately upon any change, modification, alteration in the building, a new use requiring a new business license (excepting change of ownership), or discontinuation of use of the premises for more than 14 consecutive days, to which any existing nonconforming security devices relate, all such devices shall become unlawful and shall be removed or abated as provided in § 23.24.150 and the Alhambra Municipal Code.

   Swimming pools and spas having a depth or more than 18 inches, that are not completely enclosed within a building shall comply with the following standards in addition to all other applicable requirements of this title, including Chapter 9.52. All setbacks are measured from the water line of the pool.

   (A)   Front yards. Swimming pools, spas and pool equipment shall not be located within a required front yard.

   (B)   Side and rear yards. Swimming pools, spas and pool equipment may be located within the required interior side, or rear yard provided the swimming pool and pool equipment, including pumps, are located a minimum of three feet from any property line.

   (C)   Street side yards. Swimming pools, spas and pool equipment may be located within the required street side yard provided the swimming pool and pool equipment, including pumps, are located a minimum of five feet from any property line.

(Ord. 4823, passed 1-22-24)

   Temporary structures, which are intended to be removed when the designated time period, activity, or

use for which the temporary structure was erected has ceased, shall be located and designed in compliance with the following standards.

   (A)   Location. Temporary structures are prohibited in the front yard and street side yard in all zones. Temporary structures are permitted only in rear yards and side yards in all zones, provided that they are not visible from the public right-of-way, that they meet all applicable setback and height requirements for accessory buildings, and that they do not obstruct access to required parking.

   (B)   Repair and maintenance. Temporary structures shall be maintained in good condition. Torn fabric and bent or broken support members shall be replaced or repaired as needed. Any temporary structure maintained in disrepair shall be repaired, replaced, or removed from the site. Reflective, mirrored type, covering material is prohibited.

   (C)   Size. Temporary structures shall not exceed a height of 15 feet at the highest point and the total square footage of all temporary structures on a site shall not exceed a maximum of 240 square feet.

(Ord. 4823, passed 1-22-24)

   (A)   Purpose and intent. This section is established to recognize oaks, and other California native and mature trees as significant aesthetic and ecological resources and to create favorable conditions for the preservation and propagation of plant heritage for the benefit of the current and future residents of the city and to:

      (1)   Maintain and enhance the public health, safety and welfare through the mitigation of soil erosion and air pollution.

      (2)   Preserve and enhance property values through conserving and enhancing the distinctive and unique aesthetic character of many areas in the city.

   (B)   Applicability. The provisions of this section apply to all protected trees defined as follows.

      (1)   Protected trees. 

         (a)   Quercus family trees (oaks) taller than 15 feet, or with a trunk diameter larger than 12 inches in diameter, or 36 inches in circumference, measured at a point four and one-half feet above the root crown.

         (b)   California native trees taller than 15 feet, or with a trunk diameter larger than 12 inches in diameter, or 36 inches in circumference, measured at a point four and one-half feet above the root crown.

         (c)   Mature tree: a tree taller than 20 feet or with a trunk diameter larger 24 inches in diameter, or 75 inches in circumference, measured at a point four and one-half feet above the root crown.

   (C)   Tree permit required. A tree permit is required to remove, top, trim, prune, damage, or otherwise materially alter a protected tree on private property, except as provided below.

      (1)   Exceptions. The following are exempt from the requirement for a tree permit.

         (a)   Trees located in the side and rear yards in the RL and RM zoning districts.

         (b)   Fruit trees.

         (c)   Any palm tree that is not listed as a California native.

         (d)   Normal and routine trimming or pruning which does not constitute trimming or topping or result in damage or death to a tree.

         (e)   Removal of dead wood.

         (f)   Cases of emergency where the Community Development Director, Director of Public Works, or member of a law enforcement agency or

Fire Department, determines that the protected tree poses an imminent threat to the public safety, or general welfare.

         (g)   Removal or relocation of trees necessary to obtain adequate line-of-sight distances for traffic safety as required by the Community Development Director or the Director of Public Works Services.

         (h)   Removal or trimming of trees for the protection of any public property or public utility property that is undertaken by authority of the city, other public agency having jurisdiction, or public utility.

   (D)   Tree permit - hazardous or diseased trees. 

      (1)   Application. An application for a tree permit for the removal of a diseased or hazardous protected tree shall be made to the Community Development Department pursuant to § 23.24.020 and contain documentation substantiating the condition of the tree as hazardous or diseased.

      (2)   Decision. The Director shall approve, conditionally approve, or deny the application within ten working days.

      (3)   Expiration. A tree permit for a hazardous or diseased tree shall automatically expire if the activities authorized by the permit are not completed within six months after the date of approval.

      (4)   Replacement. Replacement trees are not required for the removal of a hazardous or diseased tree.

   (E)   Tree permit - healthy trees. 

      (1)   Application. An application for a tree permit for the removal of a healthy protected tree shall be made to the Community Development Department pursuant to § 23.24.020. The application shall include, but not be limited to the following:

         (a)   An explanation as to why the tree's removal is necessary.

         (b)   An explanation as to why tree removal is more desirable than alternative project designs.

         (c)   An explanation of any mitigation measures.

      (2)   Review Authority. The Community Development Director shall act as the review authority for tree permit applications based on consideration of the requirements of this section.

      (3)   Public notice. All applications for tree permits require public notice pursuant to § 23.24.050. The notice shall state that the Director will consider and decide whether to approve, conditionally approve, or deny the removal of a healthy protected tree application on a dated specified in the notice.

      (4)   Effective dates. A tree permit for a healthy tree shall automatically expire if the activities authorized by the permit are not completed within one year after the date of approval.

      (5)   Replacement trees.

         (a)   Number.

            1.   Quercus family (oaks) and California native trees: Two 24-inch box replacement oak or native trees shall be required for each ten-inch increment of the diameter of the existing tree, or portion thereof.

            2.   Mature trees: One 24-inch box replacement similar or native trees shall be required for each ten-inch increment of the diameter of the existing tree, or portion thereof.

         (b)   Location. 

            1.   A minimum of 50% of the replacement trees shall be planted on site.

            2.   A maximum of 50% of the replacement trees may be planted off-site at locations approved by the Director or have their obligation met through payment of an in lieu fee. The value of each replacement tree, including the cost of installation, shall be established by a certified arborist and the funds shall be dedicated to an urban forestry program of the City of Alhambra.

   (F)   Enforcement.

      (1)   Whenever a tree removal has occurred in conjunction with construction or work contrary to the provisions of this chapter, a Code Enforcement Officer shall issue a citation per tree removed without a permit and a City Inspector shall issue a notice to the responsible party to "stop work" on the project on which the violation has occurred. No work shall be allowed until the citation has been paid and the violation has been rectified and approved by the Director.

      (2)   Whenever a tree removal has occurred, independent of a development project, contrary to the provision of this chapter, no building permits on the property associated with the violation shall be issued for a period of one year.

      (3)   Whenever a tree removal has occurred contrary to the provision of this chapter, the required number of replacement trees shall be double the standard provision.

(Ord. 4823, passed 1-22-24)

   When new utility service is installed in conjunction with new or existing development, all existing and proposed utilities on a project site shall be placed underground. Such undergrounding shall be accomplished in accordance with the utility's rules and tariff schedules on file with the California Public Utilities Commission.

(Ord. 4823, passed 1-22-24)

   (A)   Driveways. At driveways, there shall be a triangular area where the driveway crosses a street right-of-way line which shall be kept clear of visual obstructions such as any private or commercial sign or monument, fence, hedge, shrubbery, natural growth, or other obstruction greater than two feet-six inches and less than seven feet in height. These dimensions shall be measured from the top of the curb, or from the nearest pavement surface or travelled way (where there is no curb). This triangular area is defined as the area formed between the edge of the driveway and a diagonal line joining points on the street property line ten feet from the point of their intersection.

      (1)   The foregoing provision shall not apply to permanent existing buildings, public utility poles, and official warning signs. In places where the driveway and street geometry and configuration provide adequate visibility, the need to maintain visibility shall be reviewed and approved by the Public Works Department.

   FIGURE 23.12.190.A: VISIBILITY AT DRIVEWAYS

   (B)   Intersections. On any corner lot, there shall be a triangular area at the corner of the property which shall be kept clear of visual obstructions such as any private or commercial sign or monument, fence, hedge, shrubbery, natural growth, or other obstruction greater than two feet-six inches and less than seven feet in height.

These dimensions shall be measured from the top of the curb, or from the nearest pavement surface or travelled way (where there is no curb). This triangular area is defined as the area formed between property lines and a diagonal line joining points on the property lines 25 feet from the point of their intersection or in the case of rounded corners, the triangular area between the tangents to the curve and a diagonal line joining points on said tangents 25 feet from the point of their intersection. The tangents referred to are those at the beginning and at the end of the curve at the corner.

      (1)   The foregoing provision shall not apply to permanent existing buildings, public utility poles, and official warning signs. In places where the intersection geometry and configuration provide adequate visibility at the corner, the need to maintain corner visibility shall be reviewed and approved by the Public Works Department.

   FIGURE 23.12.190.B: VISIBILITY AT INTERSECTIONS

(Ord. 4823, passed 1-22-24)

   (A)   Purpose. The purpose of this section is to establish building and design standards to ensure quality design.

   (A)   Building entrances and orientation. 

      (1)   Buildings located within 30 feet of a front or street side lot line shall be oriented toward the adjacent front or street side lot line with the building frontage parallel to the fronting public sidewalk. The primary building entrance shall face the public sidewalk.

      (2)   All buildings located in the interior of a site shall have an entrance from a pedestrian walkway that is a minimum of four feet wide and connects to a public sidewalk.

      (3)   In the CBD Zone, one or more public entrances shall be provided at the rear of all buildings which face Main Street.

      (4)   Additional entrance requirements, ground floor non-residential uses.

         (a)   There shall be a minimum of one entrance for every 50 feet of building frontage with a maximum separation of 100 feet between entrances.

         (b)   Buildings located on corners shall provide an entrance toward each street or have a corner entrance that provides a common entrance to the building from both streets.

      (5)   Additional entrance requirements, residential uses.

         (a)   Shared entrances. All buildings that provide access to more than one unit from a shared exterior entrance shall provide a minimum of one primary shared entranceway that leads to a common area, such as a lobby or community space, a minimum of ten-feet wide and ten-feet deep, and that is emphasized utilizing at least one of the following methods:

            1.   A roofed projection over the door (such as an awning, canopy, or overhang) with a minimum depth and width of five feet.

            2.   A recessed entry bay with a minimum depth and width of five feet.

            3.   Incorporating the entrance into a vertical mass that extends two or more feet above the height of the first floor plate vertical mass.

            4.   A landing, deck, or stoop with a minimum depth of six feet and minimum width of eight feet.

            5.   Transparent windows or openings that comprise a minimum of 50% of the area located within 20 feet of the midpoint of the primary building entrance. Glass is considered transparent where it has a transparency higher than 80% and external reflectance of less than 15%.

   FIGURE 23.13.020.A.5.A: SHARED ENTRANCES

         (b)   Individual entrances. All residential units accessed through individual entrances at the ground level shall provide a minimum of one primary individual entranceway with a projection (such as a covered porch) or recess with a minimum depth and width of three feet and a minimum area of nine square feet or a landing, deck, uncovered porch, or stoop with a minimum depth and width of six feet.

   FIGURE 23.13.020.A.5.B: INDIVIDUAL ENTRANCES

   (B)   Façade design. Buildings shall include the following design features to create visual variety and avoid a large-scale and bulky appearance.

         (b)   All parapets shall provide returns of at least six feet in depth at the end of the parapet face to avoid a false front appearance.

   FIGURE 23.13.020.B.2: ROOF LINE

      (3)   Façade articulation.

         (a)   Buildings less than three stories. All buildings less than three stories and over 50 feet wide shall provide a massing break with a minimum width of 20 feet and a minimum depth of 2.5 feet for every 50 feet of façade length.

   FIGURE 23.13.020.B.3.A: FAÇADE ARTICULATION: BUILDINGS LESS THAN THREE STORIES

         (b)   Buildings three or more stories. 

            1.   All buildings with three or more stories and over 50 feet wide shall provide a massing break with a minimum width of 20 feet and a minimum depth of five feet for every 50 feet of façade length.

   FIGURE 23.13.020.B.3.B: FAÇADE ARTICULATION: BUILDINGS THREE OR MORE STORIES

            2.   In addition to the façade articulation requirement in division B(3)(b)1. above, upper and lower stories in buildings of three or more stories shall be distinguished by incorporating one or more of the following features. These features may be applied to the transitions between any floors, except where otherwise specified.

               a.   A change in façade materials, along with a change in plane at least one inch in depth at the transition between the two materials.

               b.   A base treatment at the ground floor consisting of a material such as brick, stone, concrete masonry, or other material distinct from the remainder of the façade and projecting at least one inch from the wall surface of the remainder of the building.

               c.   Setting back the top floor or floors of the building at least five feet from the remainder of the façade.

      (4)   Windows and openings.

         (a)   No wall facing a public right-of-way shall run in a continuous plane of more than 30 feet without a window, door, or other opening.

         (b)   Non-residential uses: building transparency/required openings. Exterior walls facing and within 30 feet of a front or street side lot line or public sidewalk shall include windows, doors, or other openings for at least 50% of the building wall area located between two and a half and seven feet above the level of the sidewalk.

            1.   Design of required openings. Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep.

            2.   Reductions. The Director may approve a modification to reduce or waive the building transparency requirement where one of the following findings can be made:

               a.   The proposed use has certain operational characteristics with which providing the required windows and openings is incompatible; and

               b.   Street-facing building walls will exhibit architectural relief and detail, and will be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.

         (c)   Residential uses: window trim or recess. Windows for residential uses shall have trim at least one-half inch in depth, or be recessed at least two inches from the plane of the surrounding exterior wall.

   FIGURE 23.13.020.B.4.C: RESIDENTIAL USES: WINDOW TRIM OR RECESS

      (5)   Balconies and decks. Balconies and decks situated above the first floor shall be located at least 15 feet away from any interior property line to minimize "overviewing" onto adjacent residential properties. This provision shall not apply to balconies or decks located directly above an attached or detached garage that is located within the front yard setback of a sloping lot pursuant to § 23.04.030(A), Sloping Lot Adjustment.

   (A)   Open space requirements, residential uses (excluding single-unit dwellings). Open space shall be provided in compliance with the standards of this section. No portion of required open space shall be used for driveways or off-street vehicle parking and loading facilities, nor may one area of open space be double counted as satisfying the requirements of multiple types of required open space. However, the area provided to meet the open space requirement may count toward other site requirements such as landscaping, amenities, and stormwater retention and control if the area provided as open space also meets the criteria of those individual requirements.

      (1)   Amount of open space. The amount of required open space shall be equal to a minimum of 300 square feet for each unit. A minimum of 150 square feet per unit shall be provided as common open space. The balance of the required open space may be provided as private or common open space.

         (a)   Single room occupancy (SROs). Single room occupancy developments shall provide 15 square feet of open space per unit, which may be provided as private or common open space.

      (2)   Common open space. Common open space provides permanent amenity or recreation areas with shared access for all building occupants. Common open space includes but is not limited to courtyards, terraces, forecourts, gardens, outdoor dining areas, plazas, landscaped areas, patios, swimming pools, barbeque areas, athletic courts or fields, playgrounds, recreation areas, gardens, rooftop amenities, urban furniture, family friendly uses, shade structures, and other similar common areas intended for shared use by building occupants. Common open space also includes indoor activity and amenity space that is accessible and available to all building occupants. Common open space shall be provided to the satisfaction of the Community Development Director.

         (a)   Required setbacks. Common open space shall be located outside of front and street side setbacks.

         (b)   Minimum dimensions. Common open space shall have a minimum dimension of 15 feet in all directions, except common indoor recreation/office uses.

         (c)   Surfacing. Outdoor common open space shall be surfaced in a manner that allows convenient use for outdoor living and/or recreation. Such surface may be any practicable combination of lawn, garden, flagstone, wood planking, concrete, decking, or other serviceable, dust-free surfacing.

            1.   Maximum slope. Slopes shall not exceed 10%.

         (d)   Required amenities. Recreational amenities shall be required on all projects of four or more units. The amenities shall include one or more of the following: swimming pool, spa, recreation room with ping pong table and lounge furniture or billiard table, children's play equipment, barbecue and picnic table, tennis court, bocce ball, weight room or sauna, pet friendly amenities including but not limited to drink stations, dog walks/parks, etc., or other similar amenities

         (e)   Maintenance. Common indoor and outdoor open space shall be controlled and permanently maintained by the owner of the property, or by a homeowners' association. Provisions for such control and maintenance shall be included in the covenants, conditions and restrictions.

      (3)   Private open space. Private open space provides open space areas for the exclusive use of the occupants of a single dwelling unit and includes but is not limited to balconies, decks, terraces, patios, fenced yards, and other similar private areas.

         (a)   Minimum dimensions. Private open space located on the ground level (e.g., yards, decks, patios) shall have no dimension less than eight feet. Private open space located above ground level (e.g., balconies) shall have no dimension less than five feet.

         (b)   Accessibility. Private open space shall be accessible to only one dwelling unit by a doorway to a habitable room or hallway.

         (c)   Surfacing. A surface shall be provided that allows convenient use for outdoor living and/or recreation. Such surface may be any practicable combination of lawn, garden, flagstone, wood planking, concrete, or other serviceable, dust-free surfacing. Slope shall not exceed 10%.

   (B)   Limitations on location of parking. Above ground parking and structured parking, including partially submerged or underground parking with three or more feet above ground shall be located a minimum of 40 feet from the primary street facing property line. The Director may approve a modification where one of the following findings may be made:

      (1)   The design incorporates conditioned, usable space built close to the public sidewalk to the maximum extent feasible; and

      (2)   The site is physically constrained such that underground parking or above ground parking located more than 40 feet from the primary street frontage is not feasible.

   (C)   Pedestrian access. On-site pedestrian circulation and access shall be provided according to the following standards.

      (1)   Internal connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.

      (2)   Circulation network. On-site walkways shall be connected to the public sidewalk and other planned or existing pedestrian routes. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage.

      (3)   Pedestrian walkway design. Walkways shall be a minimum of four feet wide, shall be hard-surfaced, and paved with concrete, stone, tile, brick, or comparable material.

   The purpose of this chapter is to implement the State Density Bonus Law, Cal. Gov’t Code §§ 65915 et seq. This chapter also implements the provisions of the city's General Plan Housing Element that promote the construction of affordable housing.

(Ord. 4823, passed 1-22-24)

   This chapter shall be applicable in all zoning districts that allow residential uses.

(Ord. 4823, passed 1-22-24)

   All proposed housing developments that qualify under Cal. Gov’t Code § 65915 for a density increase and other incentives, and any qualified land transfer under Cal. Gov’t Code § 65915 shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions and obligations set forth in Cal. Gov’t Code § 65915, as may be amended.

(Ord. 4823, passed 1-22-24)

   The City of Alhambra shall grant qualifying housing developments and qualifying land transfers a density bonus, the amount of which shall be as specified in Cal. Gov’t Code §§ 65915 et seq., and incentives or concessions also as described in Cal. Gov’t Code § 65915 et seq.

(Ord. 4823, passed 1-22-24)

   An application for a density bonus or other incentive under this chapter for a housing development shall be submitted in writing to the Planning Division to be processed concurrently with all other entitlements of the proposed housing development. The application for a housing development shall contain information sufficient to fully evaluate the request under the requirements of this chapter, and in connection with the project for which the request is made, including, but not limited to, the following:

   (A)   A brief description of the proposed housing development;

   (B)   The total number of housing units proposed in the development project, including unit sizes and number of bedrooms;

   (C)   The total number of units proposed to be granted through the density increase and incentive program over and above the otherwise maximum density for the project site;

   (D)   The total number of units to be made affordable to or reserved for sale or rental to, very low, low, or moderate income households, or senior citizens, or other qualifying residents as specified in state law;

   (E)   The zoning, general plan designations and assessor's parcel number(s) of the project site;

   (F)   A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway(s) and parking layout; and

   (G)   A list of any concession(s) or incentive(s) being requested to facilitate the development of the project, and a description of why the concession(s) or incentive(s) is needed.

(Ord. 4823, passed 1-22-24)

   The application shall be considered by the Planning Commission or City Council at the same time the project for which the request is being made is considered. If the project is not to be otherwise considered by the Planning Commission or the City Council, the request being made under this Chapter shall be considered by the Community Development Director. The request shall be approved if the applicant complies with the provisions of Cal. Gov’t Code §§ 65915 et seq.

(Ord. 4823, passed 1-22-24)

   Consistent with the provisions of Cal. Gov’t Code §§ 65915 et seq., prior to a density bonus or other incentives being approved for a project, the city and the applicant shall agree to an appropriate method of assuring the continued availability of the density bonus units.

(Ord. 4823, passed 1-22-24)

   The provisions of this chapter establish standards and procedures that encourage the development of housing affordable to a range of households with varying income levels. The purpose of this chapter is to encourage the development and availability of such housing by ensuring that the addition of affordable housing units to the city's housing stock is in proportion with the overall increase in new housing units.

(Ord. 4823, passed 1-22-24)

   This chapter shall apply to all residential development consisting of new construction of projects consisting of: (i) five or more single-unit dwellings; or (ii) five or more multi-unit dwellings, except those that are exempt pursuant to § 23.15.060.

   (A)   Residential development of five and six units shall be exempt from the requirement to provide affordable housing and any associated obligations set forth in this chapter or the implementing regulations, and instead shall be required to pay an in lieu fee as described in § 23.15.050.

(Ord. 4823, passed 1-22-24)

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ADJUSTED FOR HOUSEHOLD SIZE. APPROPRIATE FOR THE UNIT. A household of one person in the case of a studio unit, two persons in the case of a one-bedroom unit, three persons in the case of a two-bedroom unit, four persons in the case of a three-bedroom unit, and five persons in the case of a four-bedroom unit.

   AFFORDABLE HOUSING COST. The total housing costs paid by a qualifying household, which shall not exceed a specified fraction of their gross income, adjusted for household size appropriate for the unit, as follows:

      (1)   Very low income households, rental units: 30% of 50%of the Los Angeles County median income.

      (2)   Low income households, rental or for-sale units: 30% of 80% of the Los Angeles County median income.

      (3)   Moderate income households, for sale units: 40% of 110% of the Los Angeles County median income.

      (4)   Moderate income households, rental units: 30% of 120% of the Los Angeles County median income.

   DEVELOPER. Any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities, which seeks city approvals for all or part of a residential development.

   DEVELOPMENT AGREEMENT. An agreement entered into between the city and a developer pursuant to Cal. Gov’t Code § 65864 and Chapter 23.32.

   DIRECTOR. The city's Director of Community Development Department or his or her designee.

   DISCRETIONARY APPROVAL. Any entitlement or approval pursuant to Title 23 of Alhambra Municipal Code, including but not limited to a use permit, variance, design approval, and subdivision map.

   INCLUSIONARY HOUSING AGREEMENT. A legally binding agreement between a developer and the city, in form and substance satisfactory to the Director and City Attorney, setting forth those provisions necessary to ensure that the requirements of this chapter, whether through the provision of inclusionary units or through an alternative method, are satisfied.

   INCLUSIONARY HOUSING PLAN. The plan referenced in § 23.15.070(A), and further described in the regulations, which sets forth the manner in which the requirements of this chapter will be implemented for a particular residential development.

   INCLUSIONARY HOUSING TRUST FUND. Shall have the meaning set forth in § 23.15.110.

   INCLUSIONARY UNIT. A dwelling unit that will be offered for rent or sale to low and moderate income households, at an affordable housing cost, pursuant to this chapter.

   LOW INCOME HOUSEHOLDS. Households whose gross income does not exceed 80% of the median income for Los Angeles County as determined annually by the U.S. Department of Housing and Urban Development.

   LOW INCOME UNITS, MODERATE INCOME UNITS, AND VERY LOW INCOME UNITS. Inclusionary units restricted to occupancy by low, moderate, or very low income households, respectively, at an affordable housing cost.

   MARKET RATE UNITS. Those dwelling units in a residential development that are not inclusionary units.

   MODERATE INCOME HOUSEHOLDS. Households whose gross income does not exceed 120% of the median income for Los Angeles County as determined annually by the U.S. Department of Housing and Urban Development.

   REGULATIONS. The regulations adopted by the City Council pursuant to § 23.15.100 for the implementation and enforcement of the provisions of this chapter.

   SUBSTANTIAL REHABILITATION OR SUBSTANTIALLY REHABILITATED. The rehabilitation of a dwelling unit(s) that has substantial building and other code violations, and has been vacant for at least six months, such that the unit is returned to the city's housing supply as decent, safe, and sanitary housing, and the cost of such work exceeds $40,000 per unit, as that amount may be adjusted for inflation pursuant to the regulations.

   TOTAL HOUSING COSTS. The total monthly or annual recurring expenses required of a household to obtain shelter. For a rental unit, TOTAL HOUSING COSTS include the monthly rent payment and utilities. For an ownership unit, TOTAL HOUSING COSTS include the mortgage payment (principal and interest), utilities, homeowner's association dues, taxes, mortgage insurance and any other related assessments.

   VERY LOW INCOME HOUSEHOLDS. Households whose gross income is equal to 50% or less of the median income for Los Angeles County as determined annually by the U.S. Department of Housing and Urban Development.

(Ord. 4823, passed 1-22-24)

   (A)   A total of 15% of all newly constructed dwelling units in residential developments shall be developed, offered to and sold or rented to low and moderate income households, at an affordable housing cost, as per the following breakdown:

      (1)   9% of all newly constructed dwelling units shall be sold or rented to low income households.

      (2)   6% of all newly constructed dwelling units shall be sold or rented to moderate income households.

   (B)   The inclusionary unit requirement set forth in division (A) of this section may be reduced as follows:

      (1)   If very low income units are provided in lieu of required low income units, a credit of 1.5 units to every one unit shall be provided.

      (2)   If very low income units are provided in lieu of required moderate income units, a credit of two units to every one unit shall be provided.

      (3)   If low income units are provided in lieu of required moderate income units, a credit of 1.5 units to every one unit shall be provided.

   (C)   In calculating the required number of inclusionary units, fractional units of .75 or above will be rounded up to a whole unit if the residential

development consists of ten to 20 units; fractional units of .50 or above will be rounded up to a whole unit if the residential development consists of 21 or more units.

(Ord. 4823, passed 1-22-24)

   In lieu of including the inclusionary units in the residential development pursuant to § 23.15.040, the requirements of this chapter may be satisfied through one or more of the alternatives set forth in this section, in accordance with procedures and standards set forth in the regulations.

   (A)   In lieu fee. At the discretion of the developer, if a residential development consists of 20 units or less, payment of a fee in lieu of all or some of the inclusionary units, as follows:

      (1)   The amount of the fee shall be calculated using the fee schedule established by resolution of the City Council.

      (2)   One-half of the in lieu fee required by this division shall be paid (or a letter of credit posted) prior to issuance of a building permit for all or any part of the residential development. The remainder of the fee shall be paid before a certificate of occupancy is issued for any unit in the residential development.

      (3)   The fees collected shall be deposited in the Inclusionary Housing Trust Fund.

   (B)   Off-site units. Upon application by the developer and at the discretion of the Director, the developer may satisfy the requirement of providing inclusionary units as part of the residential development, in whole or in part, by constructing or substantially rehabilitating the required number of inclusionary units at a site different than the site of the residential development.

   (C)   Land donation. Upon application by the developer and at the discretion of the Director, the developer may satisfy the requirement of providing inclusionary units as part of the residential development, in whole or in part, by a conveyance of land to the city for the construction of the required inclusionary units.

(Ord. 4823, passed 1-22-24)

   The following residential developments are exempt from the requirements of this chapter:

   (A)   Residential developments that obtain a Planning Commission approval from the city prior to the effective date of this chapter, which obtain a building permit pursuant to that discretionary approval within one year of the effective date of this chapter, and which obtain a certificate of occupancy pursuant to that same discretionary approval.

   (B)   Residential developments that are exempt from this chapter pursuant to state law.

(Ord. 4823, passed 1-22-24)

   (A)   At the times and in accordance with the standards and procedures set forth in the regulations, developers shall:

      (1)   Submit an Inclusionary Housing Plan for approval by the Director, setting forth in detail the manner in which the provisions of this chapter will be implemented for the proposed residential development.

      (2)   Execute and cause to be recorded an Inclusionary Housing Agreement (unless developer is complying with this chapter pursuant to § 23.15.050(A) or § 23.15.050(C).

   (B)   No discretionary approval shall be issued for all or any portion of a residential development subject to this chapter until the developer has submitted an Inclusionary Housing Plan.

   (C)   No building permit shall be issued for all or any portion of a residential development subject to this chapter unless the Director has approved the Inclusionary Housing Plan, and the Inclusionary Housing Agreement (if required) is recorded.

   (D)   No certificate of occupancy shall be issued for all or any portion of a residential development subject to this chapter unless the approved Inclusionary Housing Plan has been fully implemented.

(Ord. 4823, passed 1-22-24)

   (A)   All inclusionary units shall be reasonably dispersed throughout the residential development; shall be proportional, in number, bedroom size and location, to the market rate units; and shall be comparable with the market rate units in terms of the base design, appearance, materials and finished quality.

   (B)   All inclusionary units in a residential development shall be constructed concurrently with or prior to the construction of the market rate units. In the event the city approves a phased project, some inclusionary units as required by this chapter shall be provided within each phase of the residential development.

   (C)   Inclusionary units shall be reserved for low and moderate income households at the ratios established pursuant to § 23.15.040 and shall be provided at the applicable affordable housing cost.

      (1)   An inclusionary unit that is for rent shall remain reserved for the target income level group at the applicable affordable housing cost in perpetuity.

      (2)   An inclusionary unit that is for sale shall remain reserved for the target income level group at the applicable affordable housing cost for a period of 45 years.

   (D)   Notwithstanding division (C)(2) of this section, inclusionary units for sale may be sold to an above moderate income purchaser in accordance with procedures set forth in the regulations, provided that the sale shall result in a recapture by the city or its designee of a financial interest in the unit equal to (1) the difference between the initial affordable sales price and the appraised value at the time of the initial sale, and (2) a proportionate share of any appreciation.

(Ord. 4823, passed 1-22-24)

   (A)   The provisions of this chapter shall apply to all developers and their agents, successors and assigns proposing a residential development. All inclusionary units shall be rented or sold in accordance with this chapter and the regulations adopted pursuant to § 23.15.100.

   (B)   Any individual who sells or rents an inclusionary unit in violation of the provisions of this chapter shall be required to forfeit all monetary amounts so obtained. Recovered funds shall be deposited into the Inclusionary Housing Trust Fund.

   (C)   The city may institute any appropriate legal actions or proceedings necessary to ensure compliance with this chapter, including but not limited to: (1) actions to revoke, deny or suspend any permit, including a building permit, certificate of occupancy, or discretionary approval; and (2) actions for injunctive relief or damages.

   (D)   In any action to enforce this chapter or an Inclusionary Housing Agreement recorded hereunder, the city shall be entitled to recover its reasonable attorney's fees and costs.

(Ord. 4823, passed 1-22-24)

   The City Council shall by resolution establish regulations for the implementation of this chapter.

(Ord. 4823, passed 1-22-24)

   There is hereby established a separate fund of the city, to be known as the Inclusionary Housing Trust Fund. All monies collected pursuant to § 23.15.050(A), § 23.15.080(D), or § 23.15.090 shall be deposited in the Inclusionary Housing Trust Fund.

(Ord. 4823, passed 1-22-24)

   The City Council may by resolution establish reasonable fees and deposits for the administration of this chapter.

(Ord. 4823, passed 1-22-24)

   Within ten calendar days after the date of any Director's decision, an appeal may be filed pursuant to § 23.24.120. The appellant shall follow the appeal procedures set forth in § 23.24.120.

(Ord. 4823, passed 1-22-24)

   (A)   Commencing upon the approval or disapproval of the Inclusionary Housing Plan by the Director pursuant to the regulations, and within 15 days thereafter, a developer may request a determination that the requirements of this chapter, taken together with the inclusionary incentives, as applied to the residential development, would legally constitute a taking of property of the residential development without just compensation under the California or Federal Constitutions. The developer has the burden of providing economic information and other evidence necessary to establish that application of the provisions of this chapter to the residential development would constitute a taking of the property of the proposed residential development without just compensation. The Director shall make the determination, which may be appealed in the manner and within the time set forth in § 23.15.130, except that the City Council shall serve as the review body.

   (B)   In making the taking recommendation or determination, the decision maker shall assume each of the following:

      (1)   Application of the inclusionary housing requirement to the residential development;

      (2)   Application of the inclusionary incentives;

      (3)   Utilization of the most cost-efficient product type for the inclusionary units; and

      (4)   External funding where reasonably likely to occur.

   (C)   If it is determined that the application of the provisions of this chapter would be a taking, the Inclusionary Housing Plan shall be modified to reduce the obligations in the inclusionary housing component to the extent and only to the extent necessary to avoid a taking. If it is determined no taking would occur though application of this chapter to the residential development, the requirements of this chapter remain applicable.

(Ord. 4823, passed 1-22-24)

   The City Council finds and declares:

   (A)   Cultural and artistic resources enhance the quality of life for individuals living in, working in and visiting the city.

   (B)   Balanced development of cultural and artistic resources preserves and improves the quality of the urban environment and increases real property values.

   (C)   Cultural and artistic resources are an important aspect of educating and enhancing the community of the city, and supporting outside art projects such as the Pasadena Rose Parade Float help to serve this goal.

   (D)   As development and revitalization of the real property within the city continues, the opportunity for creation of cultural and artistic resources is diminished.

   (E)   As this development and revitalization continues as a result of market forces, urbanization of the community results.

   (F)   As these opportunities are diminished and this urbanization occurs, the need to develop alternative sources for cultural and artistic outlets to improve the environment, image and character of the community is increased.

   (G)   Development of cultural and artistic assets should be financed by those whose development and revitalization diminishes the availability of the community's resources for those opportunities and contributes to community urbanization.

   (H)   Establishment of this Arts in Public Places Program will promote the general welfare through balancing the community's physical growth and revitalization and its cultural and artistic resources.

(Ord. 4823, passed 1-22-24)

   (A)   There is hereby created a fund to be known as the "Art in Public Places Fund" ("Art Fund") to account for fees paid pursuant to this chapter. This fund shall be maintained by the City Treasurer and shall be used solely:

      (1)   For the acquisition, installation, improvement, maintenance and insurance of an art work;

      (2)   To sponsor or support performing arts and/or outside art projects, including but not limited to the Pasadena Rose Parade Float;

      (3)   For the acquisition and improvement of real property for the purpose of displaying art work, which has been or may be subsequently approved by the city; or

      (4)   For maintenance of and utility charges related to property purchased pursuant to divisions (A)(1) and (A)(3) above.

   (B)   If real property purchased with monies from the Art Fund is subsequently sold, the proceeds from the sale shall be returned to the Art Fund.

(Ord. 4823, passed 1-22-24)

   There shall be a City Arts Commission to fulfill the duties established in this chapter. The Commission may establish procedures for the selection of locations of public art displays; for the selection of art to be purchased or commissioned for display; and for the selection of public performances to be funded by the Art Fund. The City Council may prescribe, by resolution, other duties, and the qualifications of and appointment process for the members of the Commission.

(Ord. 4823, passed 1-22-24)

   (A)   New development. All new residential development of more than five units, and all commercial, industrial, and public building development projects, with a building valuation exceeding $500,000 shall be subject to the provisions of this chapter.

   (B)   Existing development. Exterior modifications, alterations and additions, all remodeling of existing residential buildings of more than five units, and all remodeling of existing commercial, industrial and public buildings, shall be subject to the provisions of this chapter when such remodeling has a valuation exceeding $250,000.

   (C)   Exempt development. The following developments or modifications, alterations and additions to the developments are exempt from this chapter. This exemption shall apply only as long as the exempt use is maintained.

      (1)   Low- or moderate-income housing;

      (2)   Senior housing;

      (3)   Performing arts facilities;

      (4)   Museums;

      (5)   Public buildings;

      (6)   Interior remodel/tenant improvements; and

      (7)   National disaster repairs/rebuilding required by code.

(Ord. 4823, passed 1-22-24)

   (A)   Any development subject to this chapter shall be obligated to contribute to the city's Art in Public Places program. The amount of such contribution shall be a percentage of the total building valuation for the development excluding land value, off-site improvement costs, interior improvements, parking facilities and public facilities. The total building valuation shall be computed using the latest building valuation data as set forth by the International Conference of Building Officials (IBO) unless, in the opinion of the Building Official, a different valuation measure should be used. The percentage required to be contributed shall be set by City Council resolution.

   (B)   An applicant may satisfy the contribution obligation required by division (A) above in one of four ways:

      (1)   Through payment in cash of the contribution amount directly to the Art Fund (the "in lieu fee"); or

      (2)   Through donation of an approved art work, equal to or exceeding the value of the contribution amount, pursuant to § 23.16.080; or,

      (3)   Through installation of an approved art work, equal to or exceeding the value of the contribution amount, pursuant to § 23.16.070; or,

      (4)   Through design of the development in such a manner that it satisfies the contribution obligation pursuant to § 23.16.130.

   (C)   Nothing in this section shall prohibit the applicant from privately placing or publicly donating an approved art work with acquisition and installation costs in an amount less than the contribution amount; provided that the applicant shall also pay to the City Art Fund an amount equal to the difference between the program allocation and the costs of acquisition and installation of such art work. The minimum value of art installed by an applicant shall be at least $2,500. Also subject to city approval, an applicant may be permitted to pay its allocation to a performing arts program within the city.

   (D)   15% of the revenue generated from the Art Fund is allocated for administrative costs.

(Ord. 4823, passed 1-22-24)

   (A)   If an applicant elects to satisfy its obligations hereunder through the payment of an in lieu art fee, such payment shall be made prior to issuance of building permit. As used in this chapter, APPLICANT shall mean an applicant for a building permit for a development which is subject to this chapter pursuant to § 23.16.040.

   (B)   If an applicant elects to satisfy its obligations hereunder through donation of an approved art work, or installation of an approved art work on private property, the art work shall be approved, as provided herein, prior to issuance of a building permit.

   (C)   Prior to final inspection or issuance of a certificate of occupancy, financial security in an amount equal to the acquisition and installation costs of any approved art work, in a form approved by the City Attorney, must be posted. Any donated approved art work must be accepted by the City Council prior to final inspection or issuance of a certificate of occupancy.

   (D)   The applicant must record a covenant on the subject property which provides for ongoing maintenance of approved art work prior to certificate of occupancy.

   (E)   If any approved art work placed on private property pursuant to this chapter is removed without city approval, the certificate of occupancy may be revoked.

(Ord. 4823, passed 1-22-24)

   (A)   Application procedure. An application for placement of art work on private property shall be submitted to the Planning Division and shall include:

      (1)   Preliminary sketches, photographs or other documentation of sufficient descriptive clarity to indicate the nature of the proposed art work;

      (2)   An appraisal or other evidence of the value of the proposed art work, including acquisition and installation costs;

      (3)   Preliminary plans containing such detailed information as may be required by the city to adequately evaluate the location of the art work in relation to the proposed development, and its compatibility with the proposed development, including compatibility with the character of adjacent conforming developed parcels and existing neighborhood if necessary to evaluate the proposal; and

      (4)   A narrative statement to be submitted to the City Art in Public Places Committee to demonstrate that the art work will be displayed in an area open and freely available to the general public at least ten hours each day, or otherwise provide public accessibility in an equivalent manner based on the characteristics of the art work or its placement on the site.

   (B)   Review and approval. Completed applications shall be submitted to the Community Development Department for the City Art in Public Places Committee review and approval of the art work, considering the aesthetic quality and harmony of the art work with the existing on-site improvements, and the proposed location of and public accessibility to the art work.

(Ord. 4823, passed 1-22-24)

   (A)   Application procedure. An application for acceptance of art work to be donated to the city shall include:

      (1)   Preliminary sketches, photographs, models or other documentation of sufficient descriptive clarity to indicate the nature of the proposed art work;

      (2)   An appraisal or other evidence of the value of the proposed art work, including acquisition and installation costs;

      (3)   A written agreement executed by or on behalf of the artist who created the art work which expressly waives his or her rights under the California Art Preservation Act or other applicable law; and

      (4)   Other information as may be required by the City Arts Commission to adequately evaluate the proposed donation of art work.

   (B)   Review and acceptance.

      (1)   Completed applications shall be submitted to the City Arts Commission for review and recommendation to the City Council.

      (2)   Recommendations shall be forwarded to the City Council, which shall have the sole authority to accept or reject or conditionally accept the donation.

(Ord. 4823, passed 1-22-24)

   (A)   Private property. Subject to the provisions of §§ 23.16.070 and 23.16.100, if a person subject to this chapter chooses to meet the art in public places allocation requirement by providing art, the only form of art which can satisfy the requirement is placement of an approved art work on private property. As used in this chapter, an "art work" is a sculpture, mural or portable painting, earthwork, firework, neon, glass mosaic, photograph, print, calligraphy; or other form of physical hard media.

   (B)   Donation of art. Subject to the provisions of §§ 23.16.080 and 23.16.110, if a person subject to this chapter chooses to meet the art in public places allocation by donation of art, the only form of art which can be donated to the city is an art work as described in division (A) above.

(Ord. 4823, passed 1-22-24)

   (A)   All art work placed on the site of an applicant's project shall remain the property of the applicant; the obligation to provide all maintenance necessary to preserve the art work in good condition shall remain with the owner of the site.

   (B)   Maintenance of art work shall include without limitation, preservation of the art work in good condition to the satisfaction of the city, protection of the art work against physical defacement, mutilation or alteration, and securing and maintaining fire and extended coverage insurance and vandalism coverage in an amount to be determined by the City Attorney. Prior to placement of an approved art work, applicant and owner of the site shall execute and record a covenant in a form approved by the city for maintenance of the art work. Failure to maintain the art work as provided herein is hereby declared to be a public nuisance.

   (C)   In addition to all other remedies provided by law, in the event the owner fails to maintain the art work, upon reasonable notice, the city may perform all necessary repairs, maintenance or secure insurance, and the costs therefor shall become a lien against the real property.

   (D)   All art work donated to the city shall become the property of the city upon acceptance by the City Council.

(Ord. 4823, passed 1-22-24)

   (A)   The Alhambra City Arts Commission shall prepare an annual plan for the Art in Public Places Program.

   (B)   The Alhambra City Arts Commission may recommend to the City Council the purchase of art work to be displayed on public property, support for the performing arts, support for outside art projects, and the purchase and improvement of real property to be used for the display of art work. A recommendation shall include:

      (1)   The type of art work considered, an analysis of the constraints applicable to placement of

the art work on a site, the need for and practicality of the maintenance of the art work, and the costs of acquisition and installation of the art work; or

      (2)   The type of performance and amount recommended; or

      (3)   A description of the outside art project and the amount recommended; or

      (4)   The estimated costs of acquisition and improvements of the real property proposed to be purchased.

   (C)   An expenditure from the City Art Fund may be made for the performing arts; provided, that the performance occurs at a location in the City of Alhambra, or owned or controlled by the city.

   (D)   An expenditure from the City Art Fund may be made for outside art projects including but not limited to the Pasadena Rose Parade Float; provided, that the project serves to educate the community on the city's history or artistic culture.

(Ord. 4823, passed 1-22-24)

   The following criteria shall be used to determine, on a case-by-case basis, whether architecture can be considered art for purposes of fulfilling the city's public art requirement.

   (A)   The architect shall be substantially recognized by the art world in shows, museums, and/or publications.

   (B)   When reviewing architecture as art, the underlying concept of the architecture shall be expressive as more than mere utilitarian architecture. The architecture as a whole or certain architectural features shall express ideas or meaning and have cultural significance or conceptual complexity in relation to the totality of the object.

   (C)   In the alternative, architecture can be considered art if it is created as a collaborative effort with an artist, the artist does a majority of the work, the artist has major design control of the portions of the architecture to be considered art, and the artist has been brought in early in the process. The artist shall have experience and knowledge of monumental scale sculpture.

   (D)   The architecture must meet all the general criteria regarding placement of artwork on private property as defined in § 23.16.070.

(Ord. 4823, passed 1-22-24)

   The following procedure must be followed by the developer to fill the public art requirement with the building's architecture.

   (A)   A developer must make a presentation to the City Arts Commission:

      (1)   The presentation shall be made prior to the development application being deemed complete. The developer must submit a maquette and other materials which satisfactorily illustrate the proposed conceptual development. The developer and architect must submit a conceptual statement expressing why the architecture should be considered art, including an explanation of the ideas, meaning, cultural significance or conceptual complexity expressed in the architecture.

      (2)   The City Arts Commission shall reserve the right to require a second presentation at the completion of the city approval process. If a second presentation is required, the developer must then submit a maquette and other materials which satisfactorily illustrate the to-be-built development.

   (B)   The developer and architect shall demonstrate that there will be high quality materials and craftsmanship used in the execution of the construction.

   (C)   If all of the foregoing criteria are met, the City Arts Commission shall make the recommendation to accept the architecture as art, only if, in its judgment, the architectural work is of extremely high artistic merit and would make a substantial cultural contribution to the city.

   (D)   The developer and/or architect shall have the responsibility to demonstrate that all of the foregoing criteria are met.

(Ord. 4823, passed 1-22-24)

   The purposes of the landscaping regulations are to:

   (A)   Improve the appearance of the community by requiring permanently maintained landscaping;

   (B)   Enhance the appearance of development and minimize or eliminate conflicts between potentially incompatible uses through landscaping;

   (C)   Aid in energy conservation by providing shade from the sun and shelter from the wind;

   (D)   Provide areas on site to absorb rainfall and assist in reducing storm water runoff;

   (E)   Assist in erosion control;

   (F)   Promote conservation and efficient use of water; and

   (G)   Implement the Water Conservation in Landscaping Act.

(Ord. 4823, passed 1-22-24)

   The provisions of this chapter shall apply to the following:

   (A)   All new development.

   (B)   Additions to single-unit dwelling residential developments that expand existing floor area by 50% or more.

   (C)   Additions to multi-unit dwelling residential developments and non-residential development that expand existing floor area by 10% or more.

   (D)   All new and rehabilitated landscaping projects that include new irrigated landscaping over 2,500 square feet.

   (E)   Exceptions. The provisions of this chapter do not apply to the following:

      (1)   Farming, agriculture, and crop production including vegetable gardens, vineyards, and small orchards.

      (2)   Public recreational areas (designated for active play, recreation or public assembly).

      (3)   Registered local, state or federal historical sites.

      (4)   Habitat restoration projects that do not require a permanent irrigation system.

      (5)   Mined-land reclamation projects that do not require a permanent irrigation system.

      (6)   Existing plant collections, as part of botanical gardens and arboretums open to the public.

(Ord. 4823, passed 1-22-24)

   In addition to areas required to be landscaped pursuant to other sections of this title, the following areas shall be landscaped, and, where located on-site, may count toward the total area of a site required to be landscaped. All landscaping shall comply with the requirements of § 23.17.050.

   (A)   Street-facing yards. All street-facing yards shall be landscaped with live plants pursuant to § 23.17.050(A), except as follows:

      (1)   Hardscape areas.

         (a)   Residential. 

            1.   Up to 25% of the yard area may be covered by non-decorative hardscape features (e.g., concrete, asphalt, gravel, driveways, sidewalks, etc.)

            2.   Up to 25% of the yard area may be covered by decorative permeable hardscape features (e.g., brick, stone, mulch, water feature, etc.).

         (b)   Non-residential. Up to 75% of the yard area may be covered by hardscape features (e.g., concrete, asphalt, gravel, driveways, sidewalks, etc).

   FIGURE 23.17.030.A.1: AREAS TO BE LANDSCAPED, HARDSCAPE AREAS

      (2)   Through lots. Rear yards of through lots that are located behind a solid wall or fence five feet or higher in height approved through the modification process are not required to be landscaped.

   (B)   Sloped areas. All areas with 3:1 or greater slope.

   (C)   Parkways. Live plant materials shall be the primary materials used. No more than 25% of the parkway area shall be covered by non-decorative hardscape features (e.g., concrete, asphalt, gravel, sidewalks, etc.) No more than 25% may be covered by decorative permeable hardscape features (e.g., brick, mulch, etc.). The remaining 50% of the parkway area must be of live plant material which shall not exceed 36 inches in height and an automatic irrigation system shall be required for the parkway area(s). Loose decorative stone and sharp or thorned plant material are discouraged. Artificial turf is not allowed in parkways. All parkway tree species should be in accordance with the city's Street Tree Planting Plan.

   (D)   Building perimeters. The portions of a non-residential building that front a public street shall have one or more landscape planters installed along a minimum 20% of that building face. The minimum width of the planter shall be three feet. This standard does not apply where a building is located on the front or street side property line.

   FIGURE 23.17.030.D: AREAS TO BE LANDSCAPED, BUILDING PERIMETERS

   (E)   Parking areas. Parking areas as required by Chapter 23.20.

   (F)   Unused areas. All areas of a project site not intended for a specific use, including areas planned for future phases of a phased development, shall be landscaped, hydroseeded, or left in a natural state.

   A landscape plan showing compliance with the standards of this chapter shall be submitted with the permit application for all projects for which landscaping is required.

   (A)   Information required. Landscape plans shall be drawn to scale and shall include the following:

      (1)   Proposed plant locations, species, sizes, and plant factor. Plants with similar water needs shall be grouped together on the landscape plan. The plant factor, established in the California Department of Water Resources study, Water Use Classification of Landscape Species (WUCOLS), shall be identified for all landscaped areas on a site. All water features shall be identified as high water use, and temporarily irrigated areas shall be identified as low water use.

      (2)   Locations of any existing trees over six inches in diameter or over two inches in diameter for oak trees, as measured at 48 inches above natural grade, and whether each such tree is proposed for retention or removal.

      (3)   Details and location of proposed fencing, entries, refuse collectors and free-standing or monument signs.

      (4)   Areas to be covered by non-decorative hardscape features (e.g., concrete, asphalt, gravel, driveways, sidewalks, etc.).

      (5)   Areas to be covered by decorative permeable hardscape features (e.g., brick, stone, mulch, gravel, water feature, etc.).

      (6)   Walkways, plazas and sitting areas, play areas, street furniture and other existing or proposed permanent outdoor equipment or decorative landscape features, if any.

      (7)   Proposed method and location of irrigation.

(Ord. 4823, passed 1-22-24)

   (A)   Materials.

      (1)   General. 

         (a)   Required landscaped areas shall be planted with a combination of ground covers, shrubs, vines, and trees. A minimum of one different plant type per 1,000 square feet of lot area shall be provided, up to a maximum of ten different plant types.

      (2)   Required water efficient plants. One of the following options of types of plants shall be chosen to ensure that the landscape project meets water efficiency requirements.

         (a)   Option A: all low water plants. Exclusive of garden areas dedicated to edible plants, all plants and trees shall be low or very low water use (average California Department of Water Resources study, Water Use Classification of Landscape Species (WUCOLS) plant factor of 0.3). Option A is available for all residential and non-residential areas.

         (b)   Option B: primarily low water plants. Exclusive of garden areas dedicated to edible plants, at least 75% of the landscape area shall contain low or very low water use plants (average WUCOLS plant factor of 0.3). Option B is only available for residential areas.

         (c)   Option C: water use calculation. The estimated total water use (ETWU) of the landscaping shall not exceed the maximum applied water allowance (MAWA), calculated pursuant to the State Model Water Efficient Landscape Ordinance (MWELO). Option C is available for all residential and non-residential areas.

            1.   Department of Water Resources Model Water Efficient Landscape Ordinance compliance required. Where Option C: water use calculation is selected, all requirements of the Department of Water Resources Model Water Efficient Landscape Ordinance shall apply.

      (3)   Size and spacing. Plant materials shall be grouped in hydrozones in accordance with their respective water, cultural (soil, climate, sun and light), and maintenance needs. Plants shall be of the following size and spacing at the time of installation:

         (a)   Ground covers. Ground cover plants other than grasses shall be at least the four-inch pot size. Areas planted in ground cover plants other than grass seed or sod must be planted at a rate of one per 12 inches on center.

         (b)   Shrubs. Shrubs shall be a minimum size of one gallon. When planted to serve as a hedge or screen, shrubs shall be planted with two to four feet of spacing, depending on the plant species.

   FIGURE 23.17.050.A.3.B: SHRUB PLANTING

         (c)   Trees. Required trees must be planted in the ground. All parkway tree species shall be in accordance with the city's Street Tree Planting Plan.

            1.   Residential development. A minimum of one 24-inch box tree per 50 feet of street frontage shall be provided within the yard fronting the street. A minimum of at least one 24-inch box tree shall be required.

            2.   Mixed-use and non-residential development. 

               a.   A minimum of one 36-inch box tree per 50 feet of street frontage shall be provided within the yard fronting the street.

               b.   A minimum of one tree of at least 15-gallon size shall be planted per 20 linear feet or as appropriate to create a tree canopy over the required setback along interior property lines abutting Residential Zones.

   FIGURE 23.17.050.A.3.C.II.2: TREES; MIXED-AND NON-RESIDENTIAL USES ADJACENT TO RESIDENTIAL ZONES

      (4)   Artificial turf.

         (a)   Material. Artificial turf must meet minimum material standards, including the following:

            1.   The turf shall have a minimum eight-year no-fade warranty as issued by the manufacturer.

            2.   The turf shall be cut-pile infill, minimum pile height one and two-thirds inches and a maximum of one and three-quarter inches, with parallel long slit blades.

            3.   The synthetic turf blades (not including the thatch layer) shall be required to contain at least two natural green colors.

            4.   The turf must contain a beige or tan thatch layer.

            5.   Be affixed to a permeable triple-layer backing and allow water to percolate through the synthetic grass at a drain rate of at least 30 inches per hour, to an adequate drainage system installed underneath the artificial turf to prevent run-off, pooling and flooding.

            6.   The synthetic turf shall comply with all federal and state standards related to lead and heavy metal content.

            7.   The fill material shall be of silica sand or zeolite material that is brushed in to keep the blades upright and achieve a natural grass look. Any replacement fill shall be the same. The use of rubber crumb infill is prohibited.

            8.   Must be constructed to maximize dimensional stability, resist damage during normal use and minimize UV degradation with a tear grab strength of at least 200 pounds. It must be resistant to staining, weather, insects, rot, mildew, and fungus and shall be non-allergenic and non-toxic and able to pass the pill burn test for flammability.

            9.   The use of indoor/outdoor carpeting, and artificial shrubs, flowers, tress, and vines instead of natural plantings is prohibited.

         (b)   Installation. Artificial turf must be installed pursuant to manufacturers requirements by a licensed professional with experience in the installation of artificial turf. In addition:

            1.   Installation must include removal of all existing plant material and three inches of a compacted aggregate base that provides adequate drainage and ensure stability.

            2.   The area must be sloped and graded to prevent excessive pooling, runoff, or flooding onto adjacent property. Artificial turf areas must be sufficiently drained to live planting areas to provide complete infiltration of runoff.

            3.   Artificial turf must be permanently anchored over the entire coverage area with nails and glue, and all seams must be nailed, or sewn and glued so as to conceal the edges, with the grain pointing a single direction.

            4.   All existing irrigation infrastructure in the covered area, including piping and sprinkler heads that are no longer used must be capped or removed and shall not be visible.

            5.   Artificial turf must be separated from live planting areas by a barrier such as a mow strip or bender board to prevent mixing of natural plant materials and artificial turf.

            6.   All efforts shall be made to protect existing trees and tree roots from damage during installation.

            7.   Artificial turf may not be installed within a five-foot diameter of the trunk of any tree.

            8.   Artificial turf is prohibited in all parkways.

         (c)   Maintenance. Artificial turf must be maintained in an attractive and clean, unfaded condition free of weeds, stains, debris, tears, holes, depressions, ruts, odors and looseness at edges and seams. Damaged or worn areas in the artificial turf surface must be repaired or removed and replaced in a manner that results in consistent appearance with the existing artificial turf. The artificial turf surface must be replaced once it is unable to be maintained as required. Vehicle parking on artificial turf is prohibited.

      (5)   Natural turf. Natural turf is subject to the following limitations, unless further restricted pursuant to state law or other regulations.

         (a)   No more than 25% of the landscaped area may be natural turf.

         (b)   The installation of natural turf on slopes greater than 25% is prohibited.

         (c)   Natural turf is prohibited in locations that are less than ten feet wide.

      (6)   Mulch. A minimum three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas. Mulch shall not be required in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch would be detrimental to the health of the planted materials.

      (7)   Compost. Compost at a rate of at least four cubic yards per 1,000 square feet to a depth of six inches into landscape area (unless contra-indicated by a soil test) shall be incorporated, unless stricter requirements apply pursuant to state law or other regulations.

   (B)   Water features. Recirculating water shall be used for all decorative water features.

   (C)   Dimension of landscaped areas. No landscaped area smaller than three feet in any horizontal dimension shall count toward required landscaping.

   (D)   Prescribed heights. The prescribed heights of landscaping shall indicate the height to be attained within three years after planting.

   (E)   Driveway and intersection visibility. All landscaping shall comply with § 23.12.190.

   (F)   Maintenance. All planting and other landscape elements shall be maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, mowing, weeding, cleaning, fertilizing, and regular watering. Inert matter, such as gravel, decorative stone, or other acceptable materials not consisting of live vegetation shall be kept neat, well-ordered, and clear of the public right-of-way. Wherever necessary, plantings shall be replaced with other plant materials to ensure continued compliance with applicable landscaping requirements.

(Ord. 4823, passed 1-22-24)

   All landscaped areas shall be provided with an automatic irrigation system capable of complete coverage of the landscaped areas.

   (A)   General requirements. 

      (1)   All irrigation equipment must meet American National Standards Institute (ANSI), American Society of Agricultural and Biological Engineers/ International Code Council (ASABE/ICC)802-2014. "Landscape Irrigation Sprinkler and Emitter Standard".

      (2)   The following areas shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray.

         (a)   Slopes exceeding 25%.

         (b)   Areas less than ten feet wide in any direction.

      (3)   The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non-targeted areas such as adjacent property or hardscapes.

         (a)   Irrigation systems shall be designed for zero run-off onto paved surfaces unless that surface drains to another landscape area.

         (b)   Spray irrigation must be placed two-feet away from impervious surfaces unless that surface drains to another landscape area.

         (c)   Proper irrigation equipment and schedules, including features such as repeated cycles, shall be used to closely match application rates to infiltration rates therefore minimizing runoff.

         (d)   Slopes greater than 25% shall not be irrigated with an irrigation system with an application rate exceeding 0.75 inches per hour, and check valves shall be utilized.

   (B)   Sprinkler heads. Where used, sprinkler heads shall be selected for proper area coverage, application rate, operating pressure, adjustment capability, and ease of maintenance.

      (1)   Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer's recommendations.

   (C)   Water meters. A dedicated meter for irrigation is required for non-residential projects with landscape areas of 1,000 square feet or more.

   (D)   Backflow prevention devices. Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system.

   (E)   Pressure regulating equipment. Pressure regulating valves or assemblies shall be installed to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance.

   (F)   Flow sensors. Flow sensors are required to detect high flow conditions created by system damage on all non-residential projects 1,000 square feet and greater and residential projects 5,000 square feet and greater.

   (G)   Controllers. Automatic control systems shall be required for all irrigation systems and must be able to accommodate all aspects of the design.

      (1)   Automatic irrigation controllers shall utilize either evapotranspiration or soil moisture sensor data, or rain sensing override devices.

      (2)   Irrigation controllers shall be of a type which does not lose programming data in the event the primary power source is interrupted.

   (H)   Check valves. Where required on steep slopes, check valves shall be installed to prevent low-head drainage.

   (I)   Shut-off valves. Locate shut-off valves as close as possible to the point of connection of the water supply, and place where needed to minimize water loss in case of an emergency (such as a main line break) or routine repair.

(Ord. 4823, passed 1-22-24)

   (A)   Consistency with approved plans. All landscaping shall be installed consistent with approved plans and specifications, in a manner designed to promote and maintain healthy plant growth.

   (B)   Timing of installation. Required landscaping shall be installed prior to the issuance of a certificate of occupancy for the project.

   (C)   Certification of completion. Where required water efficient plant Option C: water use calculation, was installed, the applicant shall submit a certificate of completion pursuant to the Department of Water Resources Model Water Efficient Landscape Ordinance.

(Ord. 4823, passed 1-22-24)

   The regulations contained in this chapter are intended to provide for the future development of new streets and for the widening of existing streets in the city.

(Ord. 4823, passed 1-22-24)

   (A)   The City Council may designate mapped streets by adoption of an amendment to the General Plan or by adoption of a specific plan.

   (B)   When such a mapped street has been so established, no person shall construct, install or maintain any building or structure in the area of such mapped street or in a required setback area or any lot or panel abutting such mapped street, except as specifically provided.

(Ord. 4823, passed 1-22-24)

   (A)   With regard to lots or parcels abutting a street or streets upon which there has been a determination by the City Council that only a portion

of the required street width has been acquired, the City Council shall determine the precise required street width and shall adopt the same as a mapped street by amendment to the General Plan, or by adoption of a special plan and thereafter such alignment shall be the basis for the establishment of a required setback area.

   (B)   When such mapped street has been so established, no person shall construct, install or maintain any structure or building in the area of such mapped street or in the required setback area of any lot or parcel abutting such mapped street, except as specifically provided.

(Ord. 4823, passed 1-22-24)

   If the City Council elects to designate any such mapped street by an amendment to the General Plan or by the adoption of a specific plan, it shall do so by ordinance.

   (A)   Each such ordinance shall have attached thereto a copy of a map upon which the boundaries and extent of the mapped street shall be clearly delineated.

   (B)   The Director of Public Works shall maintain a file of all such designations of mapped streets.

(Ord. 4823, passed 1-22-24)

   This chapter is intended to permit use of lots, continuation of uses, and continued occupancy and maintenance of structures that were legally established but do not comply with all of the standards and requirements of this title in a manner that does not conflict with the General Plan. To that end, this chapter establishes the circumstances under which a nonconforming use or structure may be continued or changed and provides for the removal of nonconforming uses and structures when their continuation conflicts with the General Plan and public health, safety, and general welfare.

(Ord. 4823, passed 1-22-24)

   The provisions of this chapter apply to structures, land, and uses that have become nonconforming by adoption of this title as well as structures, land, and uses that become nonconforming due to subsequent amendments to its text or to the Zoning Map.

(Ord. 4823, passed 1-22-24)

   (A)   Nonconformities, generally. Any lawfully established use, structure, or lot that is in existence on the effective date of this title or any subsequent amendment but does not comply with all of the standards and requirements of this title shall be considered nonconforming.

   (B)   Right to continue. Any nonconforming use or structure may be continued and maintained provided there is no alteration, enlargement, addition, intensification or other change to the nonconforming use or structure except as otherwise provided in this chapter.

      (1)   The right to continue a nonconforming use or structure shall attach to the land and shall not be affected by a change in ownership, tenancy, or management.

      (2)   The right to continue a nonconforming use or structure shall not apply to uses or structures deemed to be a public nuisance because of health or safety conditions.

      (3)   The right to continue a nonconforming use or structure shall not apply if the nonconforming use has been abandoned or vacated as described in § 23.19.070.

(Ord. 4823, passed 1-22-24)

   Any lot or parcel of land that was legally created through a recorded deed may be used as a building site even when consisting of an area, width, or depth less than that required by zoning district regulations.

   (A)   Development standards. Nonconforming lots shall be subject to the same development standards as a standard lot within the same zoning classification.

   (B)   Reductions prohibited. No nonconforming lot shall be further reduced in area, width, or depth, unless such reduction is required as part of a public improvement or otherwise allowed pursuant to state law.

(Ord. 4823, passed 1-22-24)

   Lawful nonconforming structures may be continued and maintained in compliance with the requirements of this section unless deemed by the Building Official to be a public nuisance because the building is in an unsafe condition pursuant to Chapter 20.05 of the Municipal Code.

   (A)   Maintenance and repairs. Nonstructural and structural maintenance, repair, and alterations to a nonconforming structure are permitted provided any additions comply with division (B) below.

   (B)   Additions. Additions to nonconforming structures are allowed if the addition complies with all applicable laws and requirements of this title, the use of the property is conforming, and there is no increase in the discrepancy between existing conditions and the requirements of this title.

      (1)   Nonconforming residential setbacks. An existing legally established dwelling that no longer conforms to a setback standard may be enlarged provided that the enlargement does encroach any further into the setback and the encroachment is less than 50% of the required setback, and the enlargement is limited to the first floor. Additions above the first floor shall conform with the requirements of this title.

   (C)   Restoration of a damaged structure. A nonconforming structure that is damaged or partially destroyed by fire, explosion, earthquake, or natural

disaster which is not caused by an act or deliberate omission of a property owner, their agent, or person acting on their behalf or in concert with, may be restored or rebuilt subject to the following provisions.

      (1)   Restoration when damage is 50% or less of replacement value. If the structure is damaged or partially destroyed to the extent that the cost of all necessary structural and health and safety repairs is equal to or less than 50% of its replacement value, as determined by the Chief Building Official, the structure may be restored and any nonconforming use resumed, provided that a building permit is issued for the restoration within two years from the date of destruction. Restoration of the structure shall not increase the discrepancy between pre-existing conditions and the existing applicable standards for the zoning district in which it is located.

      (2)   Restoration when damage exceeds 50% of replacement value. If the structure is damaged or partially destroyed to an extent that the cost of all necessary structural and health and safety repairs is greater than 50% of its replacement value, as determined by the Chief Building Official, or is voluntarily razed or required by law to be razed, the structure shall not be restored except in full conformity with the standards for the zoning district in which the structure is located, and the nonconforming use shall not be resumed, except as provided below.

         (a)   Residential structures. Any nonconforming residential structure may be reconstructed or restored up to the size and number of dwelling units prior to the damage and the nonconforming use, if any, may be resumed, provided the rebuilt or restored development complies with all current design and property development standards, except off-street parking may be restored to the amounts prior to the damage or destruction. A building permit for the restoration shall be issued within two years from the date of destruction.

   (D)   Nonconforming signs. Lawfully established signs that do not conform to the requirements of this title may only be maintained in compliance with the requirements of Chapter 23.21.

(Ord. 4823, passed 1-22-24)

   Nonconforming uses shall not be expanded or changed except as provided below.

   (A)   Expansion. Nonconforming uses may only be expanded as follows.

      (1)   Residential uses. A nonconforming residential use may expand the portion of an existing structure that it occupies, and may expand into an enlargement of a structure that it occupies, provided the number of dwelling units does not increase and the area the residential use is expanding into has not been used for a conforming use within the previous 12 months.

      (2)   Non-residential uses. Non-residential nonconforming uses may be allowed to expand with approval of a conditional use permit where the Planning Commission makes all of the following findings

         (a)   The expanded use is located within an existing, completely enclosed structure;

         (b)   The proposed expansion of the nonconforming use would not be detrimental to public health, safety, or general welfare; and

         (c)   With the exception of the nonconforming use, the proposed expansion would not be inconsistent with the General Plan and would not preclude or interfere with implementation of any applicable specific plan.

   (B)   Change in tenancy, ownership, or management. Any nonconforming use may change ownership, tenancy, or management where the new use is of the same use classification as the previous use, as defined in Chapter 23.34, Use Classifications.

   No nonconforming use may be resumed, reestablished, reopened or replaced by any other nonconforming use after it has been abandoned or vacated for a period of 12 months. The 12-month period shall commence when the use ceases.

(Ord. 4823, passed 1-22-24)

   The purposes of the parking and loading regulations are to:

   (A)   Require parking spaces and loading spaces for all land uses that are sufficient in number, size, and arrangement;

   (B)   Minimize the negative environmental and urban design impacts that can result from parking lots, driveways, and drive aisles within parking lots;

   (C)   Ensure that adequate off-street bicycle parking facilities are provided;

   (D)   Establish standards and regulations for safe and well-designed parking, unloading, and vehicle circulation areas that minimize conflicts between pedestrian and vehicles within parking lots and, where appropriate, create buffers from surrounding land uses; and

   (E)   Offer flexible means of minimizing the amount of area devoted to parking by allowing reductions in the number of required spaces in

transit-served locations, shared parking facilities, and other situations expected to have lower vehicle parking demand.

(Ord. 4823, passed 1-22-24)

   The requirements of this chapter apply to the establishment, alteration, expansion, or change in any use or structure, as provided in this section.

   (A)   New buildings and land uses. Parking and loading in accordance with this chapter shall be provided at the time any main building or structure is erected or any new land use is established.

   (B)   Existing non-residential buildings and non-residential portions of mixed-use buildings.

      (1)   When a change in use, expansion of a use, or expansion of floor area creates an increase of 30% or more in the number of required parking or loading spaces, additional parking and loading shall be provided for such addition, enlargement, or change in use and not for the entire building or site.

         (a)   Exception, residential uses. Additional parking and loading spaces are not required for the change to a residential use provided 100% of the existing structures on site are being converted to residential uses, a minimum of 50% of the units are affordable, the number of existing parking spaces is maintained, and there is no area to provide additional on-site parking and loading facilities.

         (b)   Exception, commercial uses. Additional parking and loading spaces are not required for the change of use from one commercial use to another commercial use.

         (c)   Exception, change in occupancy. A change in occupancy is not considered a change in use unless the new occupant is in a different use classification than the former occupant.

      (2)   The existing parking and loading not in excess of the minimum requirements shall be maintained.

      (3)   If the number of existing parking or loading spaces is greater than the requirements for such use, the number of spaces in excess of the prescribed minimum may be counted toward meeting the parking and loading requirements for the addition, enlargement, or change in use.

   (C)   Existing residential buildings. Parking in accordance with this chapter shall be provided where additional dwelling units are created through the alteration of an existing building or construction of an additional structure or structures. Parking shall be provided for the additional dwelling units and not for the entire building or site. The existing parking not in excess of the minimum requirements shall be maintained.

   (A)   Existing parking and loading to be maintained. No existing parking and/or loading serving any use may be reduced in amount or changed in design, location or maintenance below the requirements for such use, unless equivalent substitute facilities are provided. This section does not apply to stalls converted to accommodate ADA parking.

   (B)   When constructed. Parking and loading facilities required by this chapter shall be constructed or installed prior to the issuance of a certificate of occupancy by the Building Official for the uses that they serve.

   (C)   Accessibility. Parking and loading areas must be accessible for its intended purpose during all hours of operation.

   (D)   In any residential zoning district, a parking structure with the automobile entrance viewable from a public street shall be a garage.

   (E)   Partially submerged or underground parking shall be prohibited in the RL Zoning District.

   (F)   Required guest and loading spaces shall be designated as such and restricted to such use.

   (G)   No space may be utilized and counted both as a required parking space and a required loading space.

   (H)   Parking spaces for non-residential uses shall not be reserved for specific businesses and shall be available for use by customers, clients, and employees.

(Ord. 4823, passed 1-22-24)

   (A)   Minimum number of spaces required. Except where preempted by Cal. Gov’t Code § 65863.2 or any other applicable state law, each land use shall be provided at least the number of parking spaces stated in Table 23.20.040, Required Parking Spaces. The parking requirement for any use not listed in Table 23.20.040 shall be determined by the Director based upon the requirements for the most similar comparable use, the particular characteristics of the proposed use, and any other relevant data regarding parking demand.

 

   (B)   Calculation of required spaces. The number of required parking spaces shall be calculated according to the following rules:

      (1)   Fractional spaces. Pursuant to § 23.02.030(A), fractional spaces shall be counted as the next largest whole space. For multi-unit residential uses, fractional requirements shall be rounded up only after all the parking space requirements for all dwelling units on the site are computed.

      (2)   Floor area. Where a parking or loading requirement is stated as a ratio of parking spaces to floor area, the floor area is assumed to be gross floor area, unless otherwise stated.

      (3)   Seats. Where parking requirements are stated as a ratio of parking spaces to seats, each 24 inches of bench-type seating at maximum seating capacity is counted as one seat.

      (4)   Sites with multiple uses. If more than one use is located on a site, the number of required parking spaces and loading spaces shall be equal to the sum of the requirements calculated separately for each use unless a reduction is approved pursuant to § 23.20.050.

   The number of parking spaces required by § 23.20.040 may be reduced as follows. Parking reductions are cumulative; all applicable parking reductions may be applied in determining the number of required parking spaces.

   (A)   Proximate public parking facilities. Where a non-residential or ground floor commercial of a mixed-use project is located within 400 feet of a city-owned public parking facility, the number of required parking spaces may be:

      (1)   Reduced all or in part when the subject property is located within the CBD zone; or

      (2)   Reduced all or in part when the subject property is located outside the CBD zone with approval of a minor use permit.

   (B)   Carsharing programs. Required automobile parking spaces may be substituted with designated carshare vehicle parking spaces, up to a number justified pursuant to a parking demand study, with approval of a minor use permit.

      (1)   Carshare vehicles shall be maintained for active use by carshare service and not for other purposes. No sales, servicing, storage, repair, administrative or similar functions shall occur and no personnel shall be employed on the site.

      (2)   Carshare vehicles shall be made available to members of the carsharing service through an unattended, self-service operation 24 hours a day, seven days a week.

   (C)   Shared parking. Where a shared parking facility serving more than one use will be provided, the total number of required parking spaces may be reduced with approval of a minor use permit, with the following findings:

      (1)   The peak hours of use will not overlap or coincide to the degree that peak demand for parking spaces from all uses will be greater than the total supply of spaces; and

      (2)   The proposed number of parking spaces to be provided will be adequate to serve each use,

   (D)   Other parking reductions. The Director may approve a reduction to the required number of parking spaces subject to the following criteria.

      (1)   Criteria for approval. The applicant for a parking reduction shall submit a parking demand study that substantiates the basis for granting a reduced number of spaces. The parking demand study shall consider conditions including but not limited to, the nature of the proposed operation; proximity to frequent transit service; transportation characteristics of persons residing, working, or visiting the site.

(Ord. 4823, passed 1-22-24)

   (A)   On-site parking required. Required parking shall be located on the same lot as the use it serves except as allowed below.

      (1)   Allowance for off-site parking. Required non-residential parking spaces may be located off-site provided the off-site parking facility is located within 600 feet.

         (a)   Evidence of access and right to use. Such property shall be subject to a recorded agreement of a design by the city which shall provide that for a period of not less than the expected life of the building or use on the development site, the property shall be used solely for parking for the related use. The recorded agreement shall be signed by the applicant and owner or manager, as determined by the city.

   (B)   Front and street side yards. Parking spaces required pursuant to this chapter shall not be located within a front or street side yard.

   FIGURE 23.20.060: LOCATION OF REQUIRED PARKING, PROHIBITED AREAS

(Ord. 4823, passed 1-22-24)

   (A)   Short-term bicycle parking. Short-term bicycle parking intended to serve shoppers, customers, messengers, guests and other visitors to a site who generally stay for a short time, shall be provided as specified below.

      (1)   Parking spaces required. Short-term bicycle parking spaces shall be provided at a rate of 20% of the number of required automobile parking spaces, with a minimum of four short-term bicycle parking spaces provided per establishment.

      (2)   Location. Short-term bicycle parking must be located within 50 feet of a main entrance to the building it serves. Where the bicycle parking area is not visible from the main entrance of the building, signs located at the main entrance of the building shall identify the location of bicycle parking.

      (3)   Anchoring and security. For each short-term bicycle parking space required, a stationary, securely anchored object shall be provided to which a bicycle frame and one wheel (two points of contact) can be secured. One such object may serve multiple bicycle parking spaces.

      (4)   Size and accessibility. Each short-term bicycle parking space shall be a minimum of two feet in width and six feet in length and shall be accessible without moving another bicycle. Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian ways and at least five feet from vehicle parking spaces.

   (B)   Long-term bicycle parking. Long-term bicycle parking shall be provided in order to serve employees, students, residents, commuters, and others who generally stay at a site for four hours or longer.

      (1)   Parking spaces required. 

         (a)   Residential uses. A minimum of one long-term bicycle parking space shall be provided for every five units for multi-unit residential, group residential, and single room occupancy.

         (b)   Other uses. Any establishment with 25 or more full time equivalent employees shall provide long-term bicycle parking at a minimum ratio of one space per 25 vehicle spaces.

         (c)   Parking structures. Long-term bicycle parking shall be provided at a minimum ratio of one space per 50 vehicle spaces.

      (2)   Location. Long-term bicycle parking must be located on the same lot as the use it serves and near the facility entrance. In parking garages, long-term bicycle parking must be located near an entrance to the facility. Where the bicycle parking area is not visible from the entrance of the building, signs located at the entrance or in an entry lobby of the building shall identify the location of bicycle parking.

      (3)   Covered spaces. At least 50% of required long-term bicycle parking must be covered. Covered parking can be provided inside buildings, under roof overhangs or awnings, in bicycle lockers, or within or under other structures.

      (4)   Security. Long-term bicycle parking must be in:

         (a)   An enclosed bicycle locker;

         (b)   A fenced, covered, locked or guarded bicycle storage area;

         (c)   A rack or stand inside a building that is within view of an attendant or security guard or visible from employee work areas or within secure/restricted bicycle storage room; or

         (d)   Other secure area approved by the Director.

      (5)   Size and accessibility. Each bicycle parking space shall be a minimum of two feet in width and six feet in length and shall be accessible without moving another bicycle. Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian ways and at least five feet from vehicle parking spaces.

      (6)   Bicycle parking reductions and modifications. A modification for a reduction in the number of required bicycle parking spaces or to other standards of this section may be granted pursuant to Chapter 23.29, if the Review Authority finds that:

         (a)   Adequate site space is not available on an existing development to provide bicycle parking; or

         (b)   Reduced bicycle parking is justified by reasonably anticipated demand; or

         (c)   Other criteria based on unusual or specific circumstances of the particular case as deemed appropriate by the review authority.

(Ord. 4823, passed 1-22-24)

   (A)   Loading spaces required. Every new building, and every building enlarged by more than 10,000 square feet of gross floor area that is to be occupied by a non-residential use other than office uses shall provide one off-street loading space per 20,000 square feet of gross floor area.

      (1)   Multi-tenant buildings. The gross floor area of the entire building shall be used in determining spaces for multi-tenant buildings. A common loading area may be provided, if each tenant space is not provided a loading area.

      (2)   Reduction in number of loading spaces required. The loading space requirement may be reduced if the Director finds that the applicant has satisfactorily demonstrated that due to the nature of the proposed use and/or location, such loading space will not be needed or is not practical.

      (3)   Additional loading spaces required. The required number of loading spaces may be increased to ensure that trucks will not be loaded, unloaded, or stored on public streets. Such requirement shall be based on the anticipated frequency of truck pickups and deliveries and of the truck storage requirements of the use for which the on-site loading spaces are required.

   (B)   Location. All required loading spaces shall be located immediately adjacent to the exterior wall of the building and a minimum of 25 feet from any Residential Zoning District or use. Loading areas shall not be located within the front or street side yard.

   (C)   Minimum size. Each on-site loading space required by this chapter shall have an unobstructed minimum dimension of 12 feet in width, 40 feet in length, and 15 feet in height, exclusive of driveways for ingress and egress, maneuvering areas and setbacks. The minimum size requirement may be modified if the Director finds that the applicant has satisfactorily demonstrated that due to the nature of the proposed use, such size will not be needed.

   (D)   Access. Loading spaces shall be designed and located such that trucks shall not be required to back into or from an arterial or collector street, or into or from an alley located within 50 feet of any an arterial or collector street.

   (E)   Surfacing. All loading areas shall be surfaced with a minimum thickness of two inches of asphaltic concrete over a minimum thickness of four inches of a base material, to be approved by the Director of Public Works, or with a minimum thickness of four inches of Portland cement concrete.

   (F)   Screening. Loading areas adjoining a street or required front yard, or located directly across an alley from a Residential Zoning District or use shall be screened with a solid wall or other method that is approved by the Director.

(Ord. 4823, passed 1-22-24)

   (A)   Applicability. The standards of this section apply to all parking areas except as specifically stated.

   (B)   Access. Parking access areas shall be designed to ensure vehicular access to parking spaces.

      (1)   Curtis and Electric Lanes. Only properties which have their sole frontage on Curtis or Electric Lanes shall take vehicular access from the lanes. Developments on properties which have frontage on other streets in addition to Curtis or Electric Lanes shall not utilize the lanes for vehicular access.

      (2)   Maneuvering.

         (a)   Forward entry.

            1.   Any non-residential parking area containing space for three or more vehicles shall be provided with suitable maneuvering room so that all vehicles therein may enter an abutting street in a forward direction. In addition, there shall be no backing into alleys within 50 feet of any street.

            2.   Any multiple-family residential parking area containing space for six or more vehicles shall be provided with suitable maneuvering room so that all vehicles may enter an abutting street in a forward direction and no cars are required to back into a collector or arterial street, or into an alley or street located within 50 feet of a collector or arterial street.

         (b)   Use of a required parking space shall not require more than four vehicle maneuvers.

         (c)   No parking space shall be located so that a vehicle is required to maneuver within five feet of a vehicular entrance to the property.

         (d)   No parking space shall be located so as to require the moving of another vehicle in order to access the space.

      (3)   Exits. Exits from parking lots shall be clearly posted or painted with stop signs and a six-inch wide painted limit line. The minimum letter size for painted stop signs is 24 inches. Such markings shall be maintained in a clear and visible manner.

      (4)   Marking. All non-residential drive aisles and driveways shall be clearly marked with arrows indicating the direction of travel. Such marking shall be maintained in a clear and visible manner.

      (5)   Driveways. Driveways providing ingress and egress to off-street parking areas shall comply with Chapter 13.24 of the Municipal Code and the following.

         (a)   Driveway length, residential zoning districts. In Residential Zoning Districts, driveways providing direct access from a public street to a garage or carport shall be a minimum of 20 feet in depth except as follows.

            1.   Sloping lot adjustment, RL District. There is no minimum required driveway depth in the RL District where a lot has a slope greater than 25%, measured from the curb line to a point midway between the side lot lines at a distance of 50 feet from the front lot line. See also § 23.04.030(B).

         (b)   Driveway width. The minimum width of a driveway is as provided in Table 23.20.090.B, Driveway Width.

 

   (C)   Size of parking spaces and maneuvering aisles. Parking spaces and maneuvering aisles shall meet the minimum dimensions required by this division. Screening walls, roof support posts, columns, or other structural members shall not intrude into the required dimensions for parking spaces.

      (1)   Parking spaces and drive aisle dimensions. All residential parking spaces located within an enclosed garage shall have a minimum width of nine feet and a minimum depth of 20 feet. All other parking spaces shall have minimum dimensions as indicated in Table 23.20.090.C, Minimum Parking Space and Drive Aisle Dimensions. Up to 25% of required parking spaces may be designed as compact spaces. All compact spaces shall be clearly marked "compact".

 

   FIGURE 23.20.090.C: PARKING SPACE AND DRIVE AISLE DIMENSIONS

      (2)   Parking spaces abutting wall or fence. Each parking space adjoining a wall, fence, column, or other obstruction higher than 30 inches in the vicinity of where a vehicle door may be located shall be increased by two feet.

   (D)   Parking lot striping. All parking stalls except in a garage or carport containing two or fewer parking spaces shall be clearly outlined with striping.

   (E)   Wheel stops. Concrete bumper guards or wheel stops shall be provided for all parking spaces except those located within a two-car garage. A six-inch high concrete curb surrounding a landscape area at least six feet wide may be used as a wheel stop, provided that the overhang will not damage or interfere with plant growth or its irrigation.

A concrete sidewalk may be used as a wheel stop if the overhang will not reduce the minimum required walkway width.

   (F)   Surfacing. All parking areas shall be paved and improved subject to the approval of the Public Works Director. No unpaved area shall be used for parking.

      (1)   Pavement standards. Parking areas shall be paved consistent with the following materials or comparable material approved by the Public Works Director.

         (a)   Asphalt. Two inches of asphaltic concrete on four inches of aggregate base material. This option shall not apply in the RL District or to single-unit residential development.

         (b)   Concrete. Four inches of Portland cement concrete on three inches of aggregate base material.

         (c)   Pavers or permeable pavement systems. Pavers or permeable pavement systems with strength equivalent to divisions (a) or (b) above.

      (2)   Landscaping alternative. Up to two feet of a parking space may overhang into a landscape planter area planted with ground cover plants and bounded by a six inch concrete curb.

   FIGURE 23.20.090.F.2: PARKING SPACE SURFACING, LANDSCAPING ALTERNATIVE

   (G)   Slope.

      (1)   Parking areas used exclusively for parking and vehicle maneuvering shall be designed and improved with grades not to exceed a 5% slope.

      (2)   Driveways used exclusively for ingress and egress or interior parking lot circulation shall be designed and improved with grades not to exceed 15% slope and a transitional slope at the top and bottom subject to Public Works approval, except for driveways within the RL Zone.

   (H)   Drainage. All parking areas shall be drained consistent with applicable stormwater runoff regulations. Parking areas with three or more parking spaces and all loading facilities shall be designed such that surface water will not drain over any sidewalk.

   (I)   Perimeter curbing. Parking areas designed to accommodate ten or more vehicles shall provide a six-inch wide and six-inch high concrete curb along the outer edge of the parking facility pavement, except where said pavement abuts a fence or wall. Curbs separating landscaped areas from parking areas shall be designed to allow stormwater runoff to pass through.

   (J)   Walkways.

      (1)   Where a walkway crosses parking areas or loading areas, it must be clearly identifiable through the use of a raised crosswalk, a different paving material, or similar method.

      (2)   Where a walkway is parallel and within two feet of an auto travel lane, it must be raised or separated from the auto travel lane by a physical barrier consisting of a raised curb at least four inches high.

   (K)   Lighting.

   (L)   Landscaping and screening. Parking areas designed to accommodate three or more vehicles must be landscaped according to the general standards of Chapter 23.17, as well as the standards of this division.

      (1)   Landscape area required. A minimum of 10% of the parking lot area, including all driveways and maneuvering areas shall be landscaped.

      (2)   Minimum planter dimension. No landscape planter that is to be counted toward the required landscape area shall be smaller than 25 square feet in area, or four feet in any horizontal dimension, excluding curbing.

      (3)   Layout. Landscaped areas shall be well-distributed throughout the parking lot area. A minimum of 10% of the required landscaping shall be located within 15 feet of a building on the site.

      (4)   Landscaping and screening adjacent to streets and alleys. Landscaping and screening shall be provided between any surface parking area and any adjacent public or private street or alley in compliance with the following:

         (a)   A landscaped area at least five feet deep shall be provided along the length of the adjacent street or alley.

         (b)   Screening a minimum 30 inches in height and consisting of one or any combination of the following methods.

            1.   Walls. Low-profile walls located a minimum of four feet from the property line consisting of brick, stone, stucco, or other quality durable material approved by the Director, and including a decorative cap or top finish as well as edge detail at wall ends.

            2.   Planting. Plant materials consisting of compact evergreen plants that form an opaque screen.

            3.   Berms. Berms a minimum of two feet in height and planted with appropriate shrubs and ground cover to achieve a minimum height of 30 inches.

      (5)   Landscaping and screening abutting interior lot lines (non-residential lots).

         (a)   Adjacent to non-residential zone or use. A landscaped area at least three feet wide shall be provided between any surface parking area and any adjacent lot in any district other than Residential for the length of the parking area.

      (6)   Trees. One 24-inch box size tree shall be provided for each ten parking spaces provided.

      (7)   Protection of vegetation.

         (a)   Clearance from vehicles. All required landscaped areas shall be designed so that plant materials, at maturity, are protected from vehicle damage by providing a minimum two-foot clearance of low-growing plants where a vehicle overhang is permitted, or by wheel stops set a minimum of two feet from the back of the curb.

         (b)   Planters. All required parking lot landscaping shall be within planters bounded by a concrete curb at least six inches wide and six inches high. Curbs separating landscaped areas from parking areas shall be designed to allow stormwater runoff to pass through.

      (8)   Visibility and clearance. Landscaping in planters at the end of parking aisles shall not obstruct driver's vision of vehicular and pedestrian cross-traffic. Mature trees shall have a foliage clearance maintained at eight feet from the surface of the parking area. Other plant materials located in the interior of a parking lot shall not exceed 30 inches in height.

   (M)   Alternative parking area designs. Where an applicant can demonstrate to the satisfaction of the Director that variations in the requirements of this section are warranted in order to achieve environmental design and green building objectives, including but not limited to achieving certification under the LEED™ Green Building Rating System or equivalent, an alternative parking area design may be approved.

   (N)   Maintenance. Parking lots, including landscaped areas, driveways, and loading areas, shall be maintained free of refuse, debris, or other accumulated matter and shall be kept in good repair at all times.

   (O)   Valet parking. Valet parking is allowed if an attendant is present or an automated system is in place to move vehicles. Valet parking may be permitted and may count towards the required parking subject to a parking plan approved by the Director.

   The purpose of this chapter is to promote the public health, safety, and welfare through a comprehensive system of reasonable, effective, consistent, content-neutral, and nondiscriminatory sign standards and requirements. More specifically, this chapter is intended to:

   (A)   Balance public and private objectives by allowing adequate avenues for both commercial and non-commercial messages;

   (B)   Encourage signs as an effective channel of communication while preventing visual clutter that will detract from the aesthetic character of the city;

   (C)   Protect and improve the local economy and quality of life by preserving and enhancing the appearance of the streetscape;

   (D)   Maintain and enhance the city's appearance by regulating the location, number, type, quality of materials, size, illumination, and maintenance of signs on private properties;

   (E)   Restrict signs that may create a nuisance to nearby properties, violate privacy, or create hazards or unreasonable distractions for pedestrians or drivers;

   (F)   Provide clear and unambiguous sign standards that enable fair and consistent enforcement; and

   (G)   Ensure that the constitutionally guaranteed right of free speech is protected.

(Ord. 4823, passed 1-22-24)

   As used in this chapter, the following terms shall have the following meanings:

   ANIMATED SIGN. A sign which is designed to give a message through a sequence of progressive changes of parts or lights or degree of lighting.

   AWNING SIGN. A sign which is painted, sewn, stained, and the like, onto the exterior surface of an awning and which does not extend beyond the edge(s) of the awning.

   FIGURE 23.21.020.B: AWNING SIGN

   BALLOON. Any air- or gas-filled device used for the purposes of signage or advertising.

   BANNER SIGN. A cloth or fabric sign of two dimensions suspended in a parallel manner to the building facade.

   BILLBOARD SIGN. A sign which directs attention to a business commodity, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located. This definition does not include real estate signs, temporary signs, or directional signs allowed and approved pursuant to this chapter.

   BLADE SIGN. See SHINGLE SIGN.

   BUILDING IDENTIFICATION SIGN. A sign on a building indicating the name of the building or building sponsor.

   CANOPY SIGN. A sign placed on a canopy.

   FIGURE 23.21.020.H: CANOPY SIGN

   CHANGEABLE COPY SIGN. A sign or portion of a sign with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign.

   COMMERCIAL MESSAGE. A message on a sign, or portion of a sign, that promotes, informs, or proposes an economic transaction, primarily concerns the economic interests of the sign sponsor and/or audience, or is intended to further discussion in the marketplace of goods and services.

   COMMERCIAL SIGN. A sign with a commercial message.

   CONSTRUCTION SIGN. A temporary sign that states the name of the developer and contractor(s) working on the site and any related engineering, architectural, or financial firms involved with the project.

   COPY. Also called "sign copy." The visually communicative elements mounted on a sign.

   DAMAGED SIGN. Any sign with cracked or broken panels, peeling paint, missing letters, or any sign that has been partially destroyed by any cause.

   DEVELOPMENT PROJECT SIGN. A temporary sign identifying a proposed development project or one under construction, located on the site of the project.

   DIRECTIONAL SIGN. A sign that directs or guides pedestrian or vehicular traffic and which is non-advertising in nature (e.g., handicapped parking, one-way, exit, and entrance).

   DIRECTORY SIGN. A freestanding or wall sign which vertically lists the names of all business tenants in a multi-tenant building or shopping center.

   ELECTRONIC COPY. A sign having the capability of presenting variable message displays by projecting an electronically controlled pattern, and which can be programmed to periodically change the message display

   EAVE SIGN OR OVERHANG SIGN. A sign applied to the face of a building façade eave or overhang, parallel to the subject façade and not extending above the building roof line.

   FENCE SIGN. A sign which is mounted on a fence or wall other than a building wall.

   FIN SIGN. A sign consisting of individual letters applied to or constructed as part of a vertical architectural element integral to the design and construction of a building façade.

   FLAG SIGN. A cloth or fabric sign of two dimensions that is suspended in a perpendicular manner to the building façade from a pole or supporting rod.

   FREESTANDING SIGN. A sign supported by structures or supports that are placed on or anchored in the ground, and which are structurally independent from any building.

   FIGURE 23.21.020.W: FREESTANDING SIGNS

   FRONTAGE.

      (1)   BUILDING FRONTAGE. The linear length of a building which faces a public right-of-way except an alley or a common arcade, mall or walkway on the same parcel of record.

      (2)   FRONTAGE AREA. The total surface area of any one building frontage, including doors, windows and walls.

      (3)   PARKING LOT FRONTAGE. Any building elevation containing a public entrance which faces a contiguous parking lot pertaining to the use in the building, but does not face a public right-of-way, except an alley.

      (4)   PRIMARY BUILDING FRONTAGE. A building elevation which faces the street on which its parcel of record is addressed or which faces a common arcade, mall, or walkway on the same parcel of record, if no building elevation faces a public right-of-way, except an alley.

      (5)   REAR FRONTAGE. A building elevation containing a public entrance and opposite the primary building frontage which does not face a public right-of-way, except an alley.

      (6)   SECONDARY BUILDING FRONTAGE. A building elevation which faces a street other than that on which its parcel of record is addressed, or a building elevation, other than a parking lot or rear frontage, which contains a public entrance.

      (7)   STREET FRONTAGE. The length of a lot or parcel of land along or fronting on a street.

   GENERAL ADVERTISING FOR HIRE. The advertising or promoting of other businesses, establishments or causes using methods of advertising, typically for a fee or other consideration, in contrast to self-promotion or on-site advertising.

   GOVERNMENT SIGN. A governmental sign for control of traffic and other regulatory purposes, including street signs, danger signs, railroad crossing signs, and signs of public service companies indicating danger and aids to service or safety.

   GRAFFITI. Marks, such as inscriptions, drawings, or designs, which are placed, scratched, etched, painted, or sprayed on public or private property without the owner's consent.

   ILLUMINATED SIGN. A sign with an artificial source of light incorporated internally or externally for illuminating the sign.

   INFLATABLE SIGN. A form of inflatable device (e.g., shaped as an animal, blimp, or other object) that is displayed, printed, or painted on the surface of an inflatable background, and is primarily installed outside a building to attract attention to or to advertise a business, a business location, a service, a product, or an event.

   INTERNALLY ILLUMINATED SIGN. A sign that is illuminated by a light source that is contained inside the sign where the message area is luminous, including channel-letter signs.

   MASTER SIGN PROGRAM. A coordinated sign plan which includes details of all signs (not including exempt or temporary signs) which are or will be placed on a site.

   MOVING SIGN. A sign or any portion thereof that rotates, moves, or appears to move in some manner by mechanical, electrical, natural, or other means.

   NON-COMMERCIAL MESSAGE. A message or image on a sign that directs public attention to or advocates an idea or issue of public interest or concern that does not serve to advertise or promote any business, product, activity, service, interest, or entertainment.

   NON-COMMERCIAL SIGN. Any sign that does not bear a commercial message, including but not limited to commentary on social, political, educational, religious, scientific, artistic, philosophical, or charitable subjects.

   NONCONFORMING SIGN. A sign lawfully erected and legally existing on the effective date of this code, but which does not conform to the provisions of this code.

   OFF-SITE COMMERCIAL MESSAGE. A message that directs attention to a business, commodity, service, entertainment, product, or activity that is not conducted or offered on the same site or parcel on which the sign is located.

   OFF-SITE COMMERCIAL SIGN. A sign with a commercial message located on private property that directs attention to a business, commodity, service, entertainment, product, or activity that is not conducted or offered on the same site or parcel on which the sign is located.

   OFF-SITE NON-COMMERCIAL MESSAGE. An off-site message that is not commercial, including but not limited to commentary on social, political, educational, religious, scientific, artistic, philosophical, or charitable subjects.

   OFF-SITE NON-COMMERCIAL SIGN. Any off-site sign that does not bear a commercial message, including but not limited to commentary on social, political, educational, religious, scientific, artistic, philosophical, or charitable subjects.

   OFF-SITE SIGN. A sign that serves purposes of either directing persons to a different property; directs attention to a business, commodity, service, entertainment, product, or activity that is not conducted or offered on the same site or parcel on which the sign is located; or identifies property, political candidates, ballot measures, or other items not tied to the specific site. Examples of off-site signs include real estate signs, directional signs, and political campaign signs allowed and approved pursuant to this chapter.

   ON-SITE SIGN. A sign that directs attention to a business, commodity, service, entertainment, product, or activity that is conducted or offered on the same site or parcel on which the sign is located.

   PAINTED SIGN. A sign erected by means of painting the copy and all related material directly upon any portion of a building or other structure.

   PENNANT. A device made of flexible materials, (e.g., cloth, paper, or plastic) that may or may not contain copy, and which is installed for attracting attention.

   PERMANENT SIGN. A sign that is intended to be and is so constructed as to be of a lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear) and position, and in a permanent manner affixed to the ground, wall, or building.

   POLITICAL SIGN. A temporary sign supporting or opposing political candidates or issues in connection with national, state, or local elections, international issues, initiatives, referendums, recalls and petitions.

   PORTABLE SIGN. A moveable sign that rests on the ground and is not designed to be permanently attached to a building or permanently anchored to the ground, including but not limited to A-frame and H-frame signs.

   FIGURE 23.21.020.TT: PORTABLE SIGN,

   PROJECTING SIGN. A sign that projects horizontally from the face of a building.

   FIGURE 23.21.020.UU: PROJECTING SIGN

   REAL ESTATE SIGN. A sign pertaining to the sale, lease or rental of the premises, or a portion of the premises, on which the sign is located.

   ROOF SIGN. Any sign located on a roof of a building or having its major structural supports attached to a roof that extend above the roofline or parapet.

   FIGURE 23.21.020.WW: ROOF SIGN

   SHINGLE SIGN. A sign that is suspended beneath a marquee, covered walkway, canopy, or awning. Also known as an under-canopy or blade sign.

   FIGURE 23.21.020.XX: SHINGLE SIGN

   SIGN. Any object, device, display, or structure, or part thereof, situated outdoors or indoors which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, project, service, event, or location by any means including words, letters, figures, design symbols, fixtures, colors, illumination, or projected images.

   SIGN AREA. The entire area of a sign if enclosed by a frame, trim, or outline or the area within a single, continuous perimeter enclosing the extreme limits of writing or any representation.

   SIGN FACE. The area of display used for a sign.

   TEMPORARY SIGN. A nonpolitical sign or advertising display which relates to an event which will be commenced or completed within 60 days of the sign's display.

   TOTAL SIGN AREA. The combined total area of each sign located on the premises, unless specifically exempted in this chapter.

   TRAFFIC SIGN. A sign for traffic direction, warning, and roadway identification.

   WALL SIGN. A sign affixed to and wholly supported by a building in such a manner that its exposed face is approximately parallel to the plane of such building.

   FIGURE 23.21.020.EEE: WALL SIGN

   WARNING SIGN. A sign limited to messages of warning, danger, or caution.

   WINDOW SIGN. A sign which is painted, posted, or displayed on an exterior trans-lucent or transparent surface including windows and doors, or within three feet of the interior surface of the window and oriented to the exterior of the building.

   FIGURE 23.21.020.GGG: WINDOW SIGN

(Ord. 4823, passed 1-22-24)

   (A)   The provisions of this chapter apply to all signs in all zones, constructed or physically altered on or after the effective date of this title, unless otherwise specified.

      (1)   The provisions of this chapter shall not be construed to prohibit a person from holding a sign while picketing or protesting on public property that has been determined to be a traditional or designated public forum, so long as the person holding the sign does not block ingress and egress from buildings;,create a safety hazard by impeding travel on sidewalks, bike lanes, or vehicle lanes; or violate any other reasonable time, place, and manner restrictions adopted by the city.

      (2)   The provisions of this chapter shall not require alteration of the display of any registered mark, trademark, service mark, trade name, or corporate name that may be associated with or incorporated into a registered mark, where such alteration would require the registered mark to be displayed in a manner differing from the mark as exhibited in the certificate of registration issued by the United States Patent and Trademark Office. It is the responsibility of the applicant to establish that a proposed sign includes a registered mark.

   (B)   Regulatory interpretations. The provisions of this chapter shall be applied in a content-neutral manner. Non-communicative aspects of all signs, not related to the content of the sign, shall comply with the provisions of this chapter. "Non-communicative aspects" include the time, place, manner, location, size, height, illumination, spacing, and orientation of signs.

(Ord. 4823, passed 1-22-24)

   The following signs are exempt from the permit requirements of this chapter, provided that they conform to the specified standards.

   (A)   Directional and/or informational signs not more than four square feet in area.

   (B)   Governmental signs.

   (C)   Political signs removed within 14 days after the election to which it pertains if election related.

   (D)   Real estate signs not exceeding 45 square feet in area.

   (E)   Signs that are in the interior areas of a building and not visible from the exterior of the building.

   (F)   Warning signs.

   (G)   Window signs advertising community events sponsored by civic, charitable or nonprofit organizations.

   (H)   Flag signs erected and located in accordance with the following standards:

      (1)   Maximum aggregate flag sign area. The total combined area of all flag signs shall not exceed a maximum of one and one-half square feet per linear foot of primary building frontage.

      (2)   Individual flag sign size. Each individual flag sign shall be at least four square feet in area, but shall be no more than 20 square feet in area.

      (3)   Height. Flag signs shall be located not lower than eight feet above grade and not higher than 25 feet above grade or the cornice line of the building, whichever is lower.

   (I)   Construction signs and development project signs not exceeding 40 square feet in size or ten feet in height on parcels less than one acre, or 60 square feet in size or 15 feet in height for parcels one acre or larger. A maximum of one non-illuminated sign is allowed per street frontage.

   (J)   Additional exemptions for Residential Zoning Districts. In addition to the signs listed above, the following signs are exempt from the permit requirements of this chapter when located in Residential Zoning Districts.