American Canyon City Zoning Code

(Reserved)

(Reserved)

(Reserved)

(A) Purpose. The purpose for establishing these residential districts, permitted uses, and development standards is to:

(1) Provide appropriately located areas for residential development consistent with the general plan and with standards of public health and safety established by the municipal code;

(2) Ensure adequate light, air, privacy, and open space for each dwelling by establishing reasonable development standards for the mass, scale, and location on a building site for all new residential construction;

(3) Achieve a high standard of site and building design, and design compatibility with surrounding neighborhoods;

(4) Provide for a range of permitted uses and activities within the various residential districts; and

(5) Provide sites for public and semipublic land uses needed to complement residential development or requiring location in a residential environment.

(B) Intent. The intent of this chapter is to establish a range of permitted uses and reasonable development standards to guide the orderly development within each residential district in a manner consistent with the general plan's land use schedule and subarea schedule.

In order to provide sufficient land to meet the housing needs of all existing and future residents of the city, the following residential districts are established:

(A) RE (residential estate) districts: to provide for residential estate areas where the minimum lot size is one acre.

(B) RR (rural residential) districts: to provide for very low-density residential uses and related activities in existing or proposed large-lot residential neighborhoods, and in the peripheral foothill areas of the city. There are three separate RR districts:

(1) RRH (rural residential hillside) districts: requires a minimum lot size of twenty thousand square feet and imposes special development standards.

(2) The RR-20000 district requires a minimum lot size of twenty thousand square feet.

(3) The RR-10000 district requires a minimum lot size of ten thousand square feet.

(C) RS (suburban residential) districts: to provide for low-density residential uses and related activities in areas of the city predominated by subdivisions with single-family lot patterns. There are two separate RS districts:

(1) The RS-8000 district with a minimum lot size of eight thousand square feet.

(2) The RS-6500 district with a minimum lot size of six thousand five hundred square feet.

(D) RM (medium residential) districts: to accommodate multifamily residential uses in areas of minimal constraints and ready access to transportation and services, with single-family uses allowed under some circumstances in conformance with the general plan. Development in the RM district shall be within the range of five to twelve units per gross acre.

(E) RH (high residential) districts to provide for high-density multifamily residential uses in areas of minimal constraints and ready access to transportation and services, and to provide a range of housing opportunities. There are two separate RH districts:

(1) The RH-1 district with a density range of twelve to sixteen units per gross acre.

(2) The RH-2 district with a density of twenty units per gross acre.

(F) RO (residential overlay) district to provide for high-density multifamily residential uses on selected sites in community commercial and neighborhood commercial districts, in single or multi-use structures. The RO district provides a density of twenty units per gross acre west of Broadway/Highway 29, a density of thirty-five units per gross acre east of Broadway/Highway 29. Development standards shall comply with Tables 1 and 2 of Chapter 19.11, community commercial and neighborhood commercial district for multifamily residential and mixed-use structures.

The provisions of this chapter shall apply to all uses within the residential districts as shown on the official zoning district map of the city. Development within the residential districts shall conform with all applicable development standards, regulations, and performance standards of this title.

Table 19.10.040 of this section sets forth the permitted and conditionally permitted uses for each residential district. A "P" designates a permitted use. A "C" indicates a conditionally permitted use subject to approval of a use permit by the planning commission. An "M" indicates a minor use permit is required pursuant to Chapter 19.42. If no letter is found opposite a particular use, it is not permitted in that district.

Table 19.10.040
PERMITTED AND CONDITIONALLY PERMITTED USES
RESIDENTIAL DISTRICTS¹

¹ Permitted and conditionally permitted uses on parcels located within a designated Napa County Airport compatibility zone may be restricted or prohibited subject to the requirements of the policies related to airport compatibility in the American Canyon general plan and the Napa County Airport land use compatibility plan. Restrictions may include the requirement for recordation of overflight or avigation easements.

Table 19.10.050 of this section sets forth the minimum lot area, minimum yard setbacks, and lot coverage standards for each residential district. The provisions of this section shall establish the minimum lot area and yard and setback standards for each residential zoning district.

(A) Minimum Lot Area. Except as otherwise provided by this chapter, the minimum lot area shall be determined by multiplying the lot width by the lot depth. The lot width shall be the horizontal distance between the side property lines measured at right angles to the depth at a point midway between the front and rear property lines. The lot depth shall be the horizontal distance between the front and rear property lines of a site measured along a line midway between the side property lines.

(1) Flag Lots.

(a) The area of a flag lot's access corridor shall not be included in determining the site area of the lot (see Figure A-2).

(b) The corridor of land which provides access to a street for a flag lot shall have a minimum street frontage of sixteen feet and a minimum width which is less than the required lot width but not less than sixteen feet (see Figure A-2).

(2) Width of Residential Corner Lots. The minimum width of corner lots in a residential district shall be a minimum of ten percent greater than the minimum width for the district specified in Table 19.10.050 of this chapter.

(3) Depth Adjoining State Highway or Railroad. A lot whose rear lot line abuts a state highway or railroad right-of-way shall have a minimum depth that is at least twenty percent greater than the lot depth standard for the applicable zoning district.

(4) Minimum Lot Frontage on a Cul-de-Sac. Unless otherwise approved by the city council in conjunction with the approval of a subdivision map, all lots in the bulb of a cul-de-sac shall have a minimum width or street frontage at the property line of forty feet.

(B) General Yard Provisions. Except as otherwise provided by this chapter and specific district regulations, the provisions of this section apply to the placement of principal structures. The location of accessory buildings, equipment, and uses and the required separation between primary buildings is addressed elsewhere in this chapter.

(1) Point of Measurement. Except as otherwise provided, required yards shall be measured as the minimum horizontal distance from the appropriate front, side, or rear property line or street/alley right-of-way line of the site to a line parallel thereto on the site (see Figure A-1).

(2) Partially-Improved Streets. Where a site abuts a street having only a portion of its required width dedicated or reserved for street purposes, site area and required yards shall be measured from a line drawn on the boundary of the additional width required for street purposes abutting the site.

(3) Irregularly-Shaped Lots. On corner lots, through lots, lots with three or more frontages, flag lots, and irregularly-shaped lots where the provisions of this chapter do not clearly establish the location of yards and lot lines, the community development director shall make such determination, using the provisions of this chapter for guidance.

(C) Projections into Yards. Projections are permitted into yards required for principal buildings as follows, subject to the provisions of the Uniform Building Code:

(1) Eaves and cantilevered roofs may project up to two and one-half feet, provided:

(a) That such eaves or cantilevered roofs are not closer than two and one-half feet to any lot or street line.

(b) That no portions of such eaves or cantilevered roofs are less than eight feet above grade.

(c) That there are no vertical supports or members within the required yard (see Figure A-4).

(2) Fireplace structures, buttresses, and wing walls may project up to two and one-half feet, provided:

(a) That a minimum five feet is provided on the side yard where front yard access is provided.

(b) That such structures shall not be utilized to provide closets or otherwise increase usable floor area.

(c) That such fireplace structures are not wider than six feet measured in the general direction of the wall of which it is a part (see Figure A-5).

(3) Bay and greenhouse windows may project up to two and one-half feet, provided:

(a) That such windows are not closer than two and one-half feet to any lot or street line.

(b) That there are no vertical supports or members within the required yard.

(4) Uncovered porches, platforms, landings, and decks, including access stairs thereto may project up to three feet into required interior side yards, and up to five feet into required front, rear, and corner side yards, provided:

(a) That such projections shall not be closer than two feet to any lot or street line;

(b) That such projections are open and unenclosed; provided, however, that an openwork railing not to exceed three and one-half feet in height may be installed;

(c) That such projections do not exceed any average height of one foot;

(d) That such projections do not extend above the level of the first floor.

(5) Awnings and canopies may project up to two and one-half feet into required interior side yards and five feet into required front, rear, and corner side yards, provided:

(a) That such awnings or canopies are not closer than two and one-half feet to any lot or street line;

(b) That such awnings or canopies have no vertical support within such yard;

(c) That such awnings or canopies extend only over the windows or doors to be protected, and for not more than one foot on either side thereof.

(6) Covered patios attached to a dwelling unit may project into a required rear yard, provided:

(a) That such patio is not closer than five feet to any lot line;

(b) That such patio shall remain permanently unenclosed on at least two sides. This provision, however, shall not preclude the placement of detachable screens;

(c) A freestanding patio shall be subject to the same requirements as accessory buildings in rear yards as provided by Section 19.10.060.

(7) Rain conductors, downspouts, utility-service risers, shutoff valves, sills, capitals, bases, cornices, and belt courses may project up to one foot into a required yard.

(8) Water heaters, water softeners, and utility meters, including service conduits and pipes, enclosed or unenclosed may project up to two and one-half feet into a required interior side or rear yard, provided that such structures or equipment are not closer than two and one-half feet to any lot line. Gas meters, if enclosed or adequately screened from view by a structure permitted in the yard, may project up to two and one-half feet into a required front or corner side yard.

(9) Wall and window-mounted air conditioners, coolers, and fans may project into any required yard, provided that such equipment is not closer than two and one-half feet to any lot line.

(D) Maximum Building Coverage. The maximum building coverage allowed in each residential district is the percentage of the building site covered by all primary and accessory structures on the site, measured horizontally to the outside face of exterior walls or structural members. Open decks and balconies and open breezeways connecting two buildings are not included in lot coverage.

Table 19.10.050

SCHEDULE OF RESIDENTIAL DISTRICT REGULATIONS

(1) Applies only to the new parcels created after the effective date of the zoning code.

(E) Special Development Requirements for the RRH zoning district:

(1) Subdivisions in the RRH Zoning District shall be subject to the following standards:

(a) Residential lots shall vary significantly in size in order to create the openness and variation characteristic of a rural neighborhood. No more than two contiguous lots shall be of the same size. Lot size variations shall be achieved by varying lot area/lot widths. Parcel size variations on contiguous lots of one acre or less shall vary up or down a minimum of twenty-five percent in size. Contiguous lots larger than one acre shall vary up or down in size by ten percent.

(b) The subdivision design shall ensure protection of designated viewsheds from Newell Drive to the highest ridgeline located to the east of the project.

(c) Each residential lot will identify a maximum building height that will enable other homes with sufficient elevation to achieve a view toward the Napa River wetlands. Technical information that enables identification of a maximum building height will include but not be limited to: lot placement within the subdivision, building envelope placement, and grading. The maximum building height will be recorded in the project CC&Rs (Covenants, Codes and Restrictions).

(d) Design guidelines addressing architecture for individual homes shall be prepared and submitted to the city of American Canyon, concurrently with submittal of a tentative subdivision map, master plan or specific plan. The design guidelines must be consistent with the General Plan Land Use Element Design Principles (Policy 1.11.5).

(e) Native landscaping shall be provided in the Newell Drive setback area. The preliminary and final landscape improvement plans for this common area open space shall include clusters of native shrubs and trees to enhance the privacy and soften the visual form of future homes as viewed from public areas such as Newell Drive. Such landscape improvements shall be approved by the city and maintained by the subdivision's homeowner's association.

(f) Streets within the RRH district may make use of a reduced overall paved width of not less than thirty feet, subject to approval of a design exception to be considered concurrently with the approval of a tentative subdivision map.

(2) Residential Building Permit Requirements.

(a) To determine potential impacts to viewsheds and neighboring properties, the applicant shall install story poles to provide a three-dimensional, full-scale, silhouette structure that outlines the location, bulk and mass that a proposed structure will occupy on a site prior to submittal of a building permit for any structure on a residential parcel.

(b) Prior to submittal of a building permit for any structure or group of structures, the applicant shall submit written documentation from the applicable homeowner's association that the application complies with the design guidelines in the recorded CC&Rs.

(c) An active homeowner's association shall be set up to ensure maintenance of private infrastructure and administer enforcement of neighborhood CC&Rs.

(F) Special Development Requirements for the RE Zoning District on Watson Lane and Paoli Loop:

(1) Proposed subdivisions that create additional residential lots within the RE Zoning District on Watson Lane and Paoli Loop shall be subject to review by the Napa Airport Land Use Commission prior to final action by the City of American Canyon.

(2) This Special Development Requirement shall not apply to any of the following situations:

(a) Subdivisions that do not create additional residential lots (i.e.: Lot Line Adjustment).

(b) Properties on Watson Lane or Paoli Loop without RE zoning.

(c) Residential development pursuant to State Law (i.e.: SB9).

(d) Properties on Watson Lane or Paoli Loop that are not located in Napa Airport Land Use Compatibility Zone "D."

Accessory structures, equipment and uses are permitted in required yards of residential districts as provided herein:

(A) Accessory Structures.

(1) Accessory structures may be located no closer than three feet to the side and rear yards required for the primary structure, provided that in the aggregate, no more than fifty percent of the required rear yard area shall be covered by accessory structures. Accessory structures are permitted only on lots having a primary dwelling.

(2) On a reversed corner lot, an accessory structure shall not be located closer to the rear property line than the required side yard on the adjoining key lot, and not closer to the side property line adjoining the street than the required front yard on the adjoining key lot.

(3) Maximum height of an accessory structure shall be fifteen feet.

(4) Steel shipping containers may not be located in any residential district unless it is not visible from any public property or right-of-way.

(B) Planters. Planter boxes and masonry planters are permitted in all required yards not to exceed a height of three and one-half feet.

(C) Swimming Pools. A swimming pool is permitted in a required rear or side yard provided it is not closer than five feet to any lot line.

(D) Swimming Pool Equipment and Safety Fences.

(1) Swimming pool or spa equipment vaults may be located in a side yard so long as a minimum clear distance is provided between the vault and a fence, wall, or other structure of three feet.

(2) Swimming pool or spa equipment vaults may be located adjacent to a rear property line within a required side yard.

(3) Required safety fences for swimming pools and spas six feet in height or less may be located within any required side or rear yard.

The provisions of this section shall apply where more than one building is placed on a parcel in a residential district.

(A) Distance Between Main Buildings. A minimum distance of ten feet shall be maintained between all primary residential buildings established on the same lot or parcel of land.

(B) Distance Between Accessory and Primary Buildings. Except where a greater distance is otherwise required by this chapter, a minimum distance of six feet shall be required between any primary residential building and an accessory building established on the same lot or parcel of land.

(C) Projections Between Buildings. The following projections are permitted within the required distance between buildings, provided they are developed subject to the same standards as, and not closer to a line midway between such buildings, than is permitted in relation to a side lot line within a required interior side yard:

(1) Eaves and cantilevered roofs;

(2) Fireplace structures, buttresses, and wing walls;

(3) Rain conductors and spouts, water tables, sills, capitals, cornices, and belt courses;

(4) Awnings and canopies;

(5) Water heaters, water softeners, gas or electric meters, including service conductors and pipes;

(6) Stairways and balconies above the level of the first floor;

(7) Uncovered porches, platforms, landings, and decks, including access stairs thereto, which do not extend above the first floor are permitted within the required distance between buildings without distance restriction.

Fences and walls in residential districts may be erected and maintained in required yards subject to the standards specified herein. All height limitations applying to fences and walls shall also apply to hedges planted within yards and forming a barrier serving the same purpose as a fence or wall.

(A) Location in Yards.

(1) Front Yards. Fences and walls within a required front yard shall not exceed a height of forty-two inches.

(2) Corner Side Yards.

(a) Fences and walls within a required corner side yard shall not exceed three and one-half feet in height where closer than ten feet to the street line, nor exceed six feet in height where ten feet or more from the street line, notwithstanding the provisions of the following subsection related to vision clearance.

(b) On a corner lot, no fence, wall, hedge, or other artificial obstruction within a triangular area formed by the street property lines and a line connecting points on the street property lines equal to the front setback (for the applicable zone district but no less than twenty feet) from the street intersection shall exceed a height of three feet above established grade at the edge of the existing or proposed pavement, provided that trees pruned to eight feet above street grade shall be permitted (see Figure A-6).

(c) Interior Side and Rear Yards. Fences and walls within a required interior side or rear yard shall not exceed six feet in height. When not within required setbacks, maximum fence height shall be ten feet.

(3) Lots of Twenty Thousand Square Feet or More. On lots of twenty thousand square feet or more, a six-foot high, fifty percent see-through fence (when viewed at a forty-five degree angle) may be located within the required front yard setback, if the wall/fence is located within the property line of the subject parcel. If gated, gates for vehicles must be set back a minimum of twenty feet from the property line.

(B) Retaining Walls.

(1) Retaining walls not exceeding six feet in height are permitted in all yards.

(2) Where a retaining wall protects a cut below the natural grade and is located on a front, side, or rear lot line, such retaining wall may be topped by a fence or wall of the same height that would otherwise be permitted at the location if no retaining wall existed. Where such retaining wall contains a fill, the height of the retaining wall built to retain the fill shall be considered as contributing to the permissible height of a fence or wall; providing, however, that in any event an open-work non-view-obscuring fence of three and one-half feet may be erected at the top of the retaining wall for safety.

(3) Where a wall or fence is located in a required yard adjacent to a retaining wall containing a fill, such wall or fence shall be set back from the retaining wall a distance of one foot for each foot in height, to up to five feet; provided, however, that this does not permit a wall or fence in required yards higher than permitted by this section. The area between such wall or fence and the retaining wall shall be landscaped and continuously maintained in an orderly, neat fashion.

(C) Exempt Fences and Walls. Where a fence or wall exceeding the maximum heights specified by this section is required by any law or regulation of the state of California, a fence or wall not exceeding such required height is permitted.

(D) Measurement of Fence and Wall Height. The height of a fence or wall shall be measured from the highest adjacent grade. In order to allow for variation in topography, the height of a required fence or wall may vary an amount not to exceed six inches; provided, however, that in no event shall the average height of such fence or wall exceed the maximum height specified.

(E) Minor Variation to Fence Height Restrictions/Conditional Fence Permit. The community development director, after providing notice to adjacent property owners, may consider approval of a conditional fence permit to allow fence heights up to two and one-half feet higher than those specified in this section for residential districts based on the following criteria:

(1) The proposed increased fence height will not create negative shading impacts on adjacent properties or impacts are mitigated through use of open fence design features.

(2) The proposed increased fence height incorporates appropriate architectural details and materials that assure compatibility with existing fences and fence patterns.

(3) The proposed increased fence height in a front or exterior side yard area does not create traffic hazards or detract from the neighborhood character by creating visual obstructions to open front yard patterns on an established neighborhood street.

(4) Any action by the community development director on a conditional fence permit may be appealed to the planning commission.

(A) Maximum Height. The maximum building height in each residential district is set forth in Table 19.10.050 of this chapter (set out at the end of this chapter).

(B) Height Measurement. The height of a structure shall be measured vertically from the average elevation of the natural grade of the ground covered by the structure (see Figure A-7) to the highest point of the structure or to the coping of a flat roof, to the deck line of a mansard roof, or to the mean height between eaves and ridges for hip, gable, or gambrel roofs.

(C) Projections Above Permitted Height.

(1) Architectural projections such as mechanical equipment enclosures and other appurtenant rooftop structures or penetrations such as skylights, stairwells, and ventilation atria; spires, cupolas, chimneys, and other design elements integral to the overall design character of a building and intended to distinguish its design may be permitted above the height limits where not in conflict with the intent of this chapter, but may not exceed twenty percent of the horizontal area of the floor area below or ten feet in height above the main roof above which they are situated.

(2) Utility poles and towers shall not be subject to the height limits prescribed in the district regulations.

Parking requirements for residential uses are contained in Chapter 19.21, Parking and Loading Standards.

Garage sales, estate sales (which includes estate auctions), and personal property sales shall be subject to the following regulations:

(A) Merchandise. Only the sale of personal household items is allowed. The sale of items acquired for resale or items assembled or manufactured on the premises (including products from a home occupation but excluding arts and crafts items) for the purpose of resale is prohibited. All transactions shall take place on the property of the owner conducting the event.

(B) Displays. No item for sale shall be displayed within the public right-of-way.

(C) Duration and Frequency. A sale or auction shall not exceed three consecutive days and occur no more than six times per calendar year on any one parcel. This regulation does not preclude the sale of individually advertised items at any time, provided they are not displayed so as to be visible from public view, other than legally parked vehicles and trailers.

(D) Signs. All signs shall conform to the requirements set forth in this title for sign regulations. All signs shall be removed within two days of the estate or garage sale.

(A) Intent. It is the intent of the city to provide opportunities for the placement of manufactured homes in single-family residential districts, consistent with state law.

(B) Approval. Approval by the community development director is required prior to the issuance of building permits for individual manufactured homes on a site in any residential district, subject to the provisions of this section.

(C) Location. Manufactured homes may be located in any residential district where a single-family detached dwelling is permitted, subject to the same restrictions on density and to the same property development regulations.

(D) Design and Development. Each manufactured home:

(1) Shall be built on a permanent foundation approved by the building official;

(2) Shall be certified under the National Manufactured Home Construction and Safety Act of 1974, and shall be installed in accordance with the provisions of the most recent edition of the California Building Code adopted by the city;

(3) Shall provide skirting of exterior finish materials extending to the finished grade;

(4) Shall have roofing material complying with the most recent editions of the Uniform Building Code adopted by the city;

(E) Cancellation of State Registration. Whenever a manufactured home is installed on a permanent foundation, any registration of the manufactured home with the state of California shall be canceled, pursuant to state laws and regulations. Before any occupancy certificate may be issued for use of such a manufactured home, the owner shall provide to the building official satisfactory evidence showing that the state registration of the manufactured home has been or will, with certainty, be canceled; if the manufactured home is new and has never been registered with the state, the owner shall provide the building official with a statement to that effect from the dealer selling the home.

Prior to the issuance of any permits for new development in any residential district, utility service to the site shall be undergrounded in accordance with the requirements of the public works department unless otherwise approved by the city engineer and community development director.

Where an existing, legal, nonconforming structure encroaches into a setback which was established after the building was constructed, the existing building line may be continued, subject to community development director approval.

(A) Purpose. The purpose of these regulations are to assure well managed and maintained single room occupancy (SRO) developments. SROs are a type of group residential use. The following provisions shall apply specifically to SROs and may provide guidance for other group residential projects.

(B) General Provisions.

(1) Density. Given that these are small individual housing rooms, to equate SRO projects with General Plan housing unit densities, the city shall apply a factor of two to the density range. That is, a General Plan density range of ten to twenty units per acre shall equate to an SRO project density range of twenty to forty rooms/acre. Density bonuses may also be applied to qualifying SRO projects.

(2) Any SRO project must also meet the following standards:

(a) Proposed new construction, or exterior alterations to the existing buildings are compatible with the design and scale of the surrounding neighborhood;

(b) SRO sizes shall range from one hundred fifty to four hundred fifty square feet;

(c) A preliminary management plan shall be submitted as part of a design permit application and shall be reviewed and approved by the community development director prior to the application being deemed complete. A final management plan shall be approved by the community development department prior to issuance of a building permit, and recorded at the Napa County recorder's office;

(d) An on-site twenty-four-hour manager is required;

(e) Tenancy of a SRO shall not be less than thirty days.

19.10 -F Figures for Chapter 19.10

Figure A-1
YARD MEASUREMENTS

Figure A-2
FLAG LOTS

Figure A-3
CORNER SIDEYARD ON REVERSE CORNER LOT

Figure A-4
EAVES AND CANTILEVERED ROOFS IN REQUIRED YARDS

Figure A-5
FIREPLACE STRUCTURES IN REQUIRED YARDS

Figure A-6
CORNER LOT VISION CLEARANCE

Figure A-7
BUILDING HEIGHT MEASUREMENT

The purpose and intent of this chapter is to:

(A) Establish reasonable development standards to guide the orderly development of property within the CC (community commercial) and CN (neighborhood commercial) district, and

(B) Establish a range of permitted uses and reasonable development standards to guide the orderly development within each commercial district in a manner consistent with the general plan's land use schedule and sub-area schedule.

This chapter establishes two zoning districts to allow a broad range of commercial uses within those districts. The following commercial districts are hereby established:

CC (community commercial) district: to accommodate a broad range of commercial uses that will serve local residents and the greater community and reduce the need for external trips to adjacent jurisdictions for goods and services, and provide shopping and service opportunities for commuters, visitors, and tourists. Also accommodates multifamily residential uses, especially in conjunction with a commercial use.

CN (neighborhood commercial) district: to encourage a limited range of retail and service commercial uses that are oriented to the day-to-day needs of the local residents, at a scale compatible with adjacent neighborhoods. Also accommodates multifamily residential uses, especially in conjunction with a commercial use.

The provisions of this chapter shall apply to all uses within the commercial districts as shown on the official zoning district map of the city of American Canyon. Development within the commercial districts shall conform with all applicable development standards, regulations, and performance standards of this title.

Table 1 of this section sets forth the permitted and conditionally permitted uses for each commercial district. A "P" designates a permitted use. A "C" indicates a conditionally permitted use subject to approval of a use permit by the planning commission. An "M" indicates a minor use permit is required pursuant to Chapter 19.42. If no letter is found opposite a particular use, it is not permitted in that district.

Table 1
Permitted and Conditionally Permitted Uses¹

Community Commercial and Neighborhood Commercial Districts

¹ Permitted and conditionally permitted uses on parcels located within a designated Napa County Airport compatibility zone may be restricted or prohibited subject to the requirements of the policies related to airport compatibility in the American Canyon general plan and the Napa County Airport land use compatibility plan. Restrictions may include the requirement for recordation of overflight or avigation easements.

Table 2 of this chapter sets forth the minimum lot area for each commercial district.

Table 2

* Where an existing legal, non-conforming, structure after the building was constructed, the existing director approval.

** Parcels owned by public agencies are exempt commercial (CC) district.

(A) General Provisions.

(1) The requirements of this chapter shall apply to the establishment, alteration, or change in any use or structure, except as may be provided for herein. Parking required by this chapter shall be provided at the time any building or structure is erected or enlarged, or a use is established, changed, or expanded. The word "use" shall mean both the type and intensity of the use.

(2) When a change in use or expansion in floor are within an existing development increase by twenty percent or more the amount of off-street parking or loading spaces shall be provided in addition to the number existing prior to the change in use or enlargement, unless the pre-existing number required by this chapter for the previous use, in which case the number in excess of the prescribed minimum may be deducted from the number required to be provided to serve the change in use or enlargement.

(3) Required parking spaces shall not be located within any front or side yards setback areas.

(4) Except as may be provided for this chapter, required parking spaces required shall be located on the same lot or parcel of land and within three hundred feet of the use they serve. Such distance shall be computed from the nearest point of a structure's public access to the nearest point of parking area.

(5) The planning commission may approve deviations from these standards by use permit.

(B) Number of Spaces Required.

(1) Except as may be provided for this chapter, automobile parking spaces shall be provided in the number set forth in Table 3 of this chapter. These requirements shall be considered minimum standards. The decision-making authority for a project may require more parking than is required by Table 3 when it finds that due to the characteristics of a project, the application of the above standards may lead into traffic congestion or parking violations in adjacent streets as well as unauthorized parking in nearby private lots.

(2) Fractional space requirements of .5 or more shall be counted as the next largest whole space.

(3) When two or more uses are located in the same building or structure, or are within the same common development, the parking requirements shall be the sum of the separate requirements for each use, except as specifically provided in this chapter.

(4) Requirements for uses not specifically listed herein shall be determined by the decision-making authority for a project, based upon the requirements for comparable uses and upon the particular characteristics of the use.

(5) Handicapped parking shall be provided according to the latest standards established by the state of California.

(6) No area may be utilized and counted both as a required parking space other than for company owned vehicles periodically stored for on-site loading.

Table 3

(C) Shared Parking.

(1) The number of required parking spaces may be reduced for projects comprised of uses that generate parking needs primarily at different times, and that cooperatively establish and operate shared parking facilities.

(2) Shared parking may be approved through a conditionally use permit for existing development. Where shared parking is proposed for new development as part of a design permit or conditional use permit application, the request shall be processed concurrently with said applications. Nothing in this section shall preclude the reviewing authority from placing additional conditions to protect the health, safety and welfare of the residents of the city or to establish the number or percentage of parking spaces to be shared.

(3) The applicant shall provide substantial evidence and documentation (including a description of all uses and operating characteristics) that a sufficient number of spaces are being provided to meet the parking demand of all participating uses at any given time of the day, week or year.

(4) All shared parking spaces shall be located so as to be reasonably accessible to the uses they serve, and shall not be separated from such uses by any street, unless otherwise approved by the decision-making authority.

(5) Reasonable pedestrian connections shall be provided from any shared parking spaces to all the uses that they serve.

(6) Covenants, conditions and restrictions (CC&Rs), deed restrictions or other agreements as may be required by the decision-making authority shall be executed and recorded, ensuring that required parking is provided and that the uses and operating characteristics of all participating uses are maintained.

(D) Dimensional Requirements.

(1) Standard Spaces: Required minimum parking dimensions are indicated in Table 4. Minimum dimensions shall not include any landscaped areas.

(2) Compact Spaces. Reduced dimensions of eight feet in width and sixteen feet in length (ninety-degree stalls) may be allowed for uncovered parking spaces for uses that have at least twelve parking spaces. Compact spaces shall not exceed twenty percent of the total required parking spaces. Compact spaces shall be clearly indicated by appropriate markings and signage.

(E) Striping and Surfacing. All parking lots shall be permanently surfaced and striped in accordance with the city's engineering standards and specifications.

(F) Parking Lot Entries. All parking lot entries shall have the minimum widths specified in the city's engineering standards and specifications.

(G) Curbing and Walkways.

(1) Continuous concrete curbing at least six inches high and six inches wide shall be provided at least three feet from any wall, fence, property line, walkway, or structures where parking and/or drive aisles are located adjacent thereto. Curbing may be left out at structure access points.

(2) The clear width of a walkway that is adjacent to overhanging parked cars shall be at least four feet.

(3) Individual wheel stops shall not be used.

(H) Drainage. All required off street parking areas shall be so designed that surface water will not drain over any sidewalk or adjacent property.

(I) Landscaping.

(1) Surface parking areas of ten or more spaces shall have a landscaped area equal to a minimum of ten percent of the parking and circulation area.

(2) Landscaped areas shall be distributed throughout the parking area as evenly as possible. In larger parking areas (two or more maneuvering aisles), interior landscaping shall be used to visually separate the parking area into small spaces. Parking row ends shall be protected by landscaped planters.

(3) Landscaped areas shall have a minimum width of five feet.

(4) A minimum of one tree shall be provided for every six parking spaces in a double-loaded layout, and one for every three spaces in a single-loaded layout. The trees shall be located so as to visually disrupt long rows of parked vehicles; trees may be clustered. Canopy-type trees should be used to provide a relatively consistent tree cover which will shade the pavement and vehicles.

(5) A landscaped strip shall be provided adjacent to any public or private street wherever parking or circulation is generally or immediately located adjacent to such rights-of-way.

(6) Defined pedestrian routes shall be incorporated into parking and landscaped areas.

(7) Landscape areas shall be bordered by a concrete curb that has a minimum height and width of six inches. Landscaped planters within parking areas may be diamond-shaped in design.

(J) Screening.

(1) Where vehicles are to be parked immediately adjacent to a public or private street, a solid wall, opaque fence, berm, or compact evergreen hedge with a maximum height of thirty inches, measured from the finished surface of the parking area shall be provided.

(2) Where a parking or loading area in an industrial district is located directly across a street or alley from a residential district, a solid wall, opaque fence, berm, or compact evergreen hedge not less than six feet in height shall be located on the property line.

(K) Lighting.

(1) Public parking areas designed to accommodate three or more vehicles shall have lighting facilities capable of providing sufficient illumination at every point of the parking area. A lighting study demonstrating that a minimum of one foot candle will be maintained across the surface of the parking area may be required by the community development director.

(2) Any parking area illumination, including security lighting shall be so arranged as to reflect away from adjoining properties and rights-of-way.

(L) Location of Parking Spaces.

(1) Parking shall be designed so that all maneuvering may occur on-site and that all vehicles may enter an abutting street in a forward direction.

(2) No space in a parking lot shall be located so that a vehicle must maneuver within twenty feet of a vehicular entrance, measured from the property line.

(M) Maintenance. All required parking facilities and areas, including landscaping, surfacing, and striping shall be permanently maintained in good condition, free of weeds, litter and debris.

(A) Number Required. Loading spaces shall be provided for all industrial uses according to the table below for the specified uses. The decision-making authority may require more loading spaces than are required by the table to insure that a sufficient off-street loading area will be provided to accommodate routine operations in a safe and convenient manner. Required loading spaces shall be designated as such and restricted to such use.

(B) Minimum Dimensions. Each loading space shall have an unobstructed minimum dimension of twelve feet in width, forty-five feet in length, and fourteen feet in height. Larger spaces may be required by the decision-making authority to ensure that a sufficient off-street loading and unloading area will be provided to accommodate routine delivery or shipment operations in a safe and convenient manner.

(C) Location of Loading Spaces.

(1) Loading spaces required by this chapter shall be located immediately adjacent to the exterior wall of the building they serve or within the building and should minimize potential impacts on adjacent uses.

(2) Loading spaces shall not be located in any required front or side yard.

(3) Loading spaces should be so located and designed that trucks shall not be required to back into a public street for ingress or egress. Truck maneuvering areas should be provided on-site where necessary to comply with this requirement.

(4) Loading spaces should be concealed from off-site view to the maximum extent feasible.

(5) Where a loading area in a commercial or industrial district is located directly across a street or alley from a residential district, a solid wall, opaque fence, or compact evergreen hedge not less than six feet in height shall be located on the property line.

Bicycle parking shall be provided in commercial and employment areas according to the table below.

Bicycle parking should be located in highly visible locations and should be lockable.

It is the intent of the General Plan and this chapter to ensure that all new construction and major alterations or additions to existing commercial buildings be designed to exhibit a high quality of architectural character and emphasize a low scale village environment. All new construction and major alterations or additions to existing commercial buildings shall include one or more of the design features, components, or materials in those portions of the building visible from any public right-of-way set forth in this section.

(A) Architectural features and elements shall include a craftsman/mountain village theme or turn of the century agricultural or winery compound.

(B) Materials and design components that are indigenous to the Napa Valley, including but not limited to, exposed heavy timbers for structural supports trellis features, and gable roof elements; stone foundations and rock based pillars with heavy timber support elements; wood or split stone or masonry siding; and metal roofs should be integrated into the project design.

(C) Exposed structural steel for support is encouraged, but stainless steel and mirrored glass elements should be discouraged.

(D) Façade elements should include the articulation and modulation to provide visual interest.

(E) Visually and physically transparent building elements such as windows and doors with glass panels should be provided along the majority of the ground elevation facing street frontages and primary parking areas.

(F) Mechanical equipment shall be screened from view using materials and design elements consistent with the overall project.

The purpose of the town center zone district is to:

(A) Provide a broad range of commercial, residential and public land uses in the physical context of a traditional downtown with surrounding residential neighborhoods. The district may include a diverse range of land uses including but not limited to: government and community services, retail commercial, professional offices, entertainment, restaurants, cultural facilities (museums, libraries, etc.), visitor-serving facilities (hotels, information centers), event/conference center, wineries, transit, parking, variety of housing types including single-family attached and detached, townhouses, condominiums, mixed-use and apartments and public park and school and other amenities.

(B) Create a physical setting and mix of land uses that serve as a focus of neighborhood, community and regional activities and events.

(C) Create a pedestrian-oriented environment which also meets the needs of vehicular traffic. (Res. 2008-105 § 4, 2008)

Development shall occur pursuant to a specific plan adopted by the city council for all or a portion of the town center zone district. (Res. 2008-105 § 4, 2008)

(A) Permitted uses shall be those uses designated as permitted uses by a specific plan adopted by the city council for all or a portion of the town center zone district.

(B) Agricultural or grazing uses.

(C) Temporary uses as may be permitted by the city. (Res. 2008-105 § 4, 2008)

Conditionally permitted uses shall be those uses designated as conditionally permitted uses by a specific plan adopted by the city council for all or a portion of the town center zone district. (Res. 2008-105 § 4, 2008)

(A) Development standards shall be those standards included in a specific plan adopted by the city council for all or a portion of the town center zone district. Development standards include but are not limited to: building heights, building setbacks, landscaping, parking requirements, lot size, residential density, and floor-area ratio for nonresidential development.

(B) Performance standards shall be those standards included in a specific plan adopted by the city council for all or a portion of the town center zone district. Performance standards include but are not limited to: lighting, noise, and hours of operation. (Res. 2008-105 § 4, 2008)

The purpose for establishing these public districts and permitted uses is to:

(A) Provide approximately located areas for public districts consistent with the general plan and with standards of public health and safety established by the municipal code;

(B) Accommodate public and institutional uses that serve the needs of the residents of American Canyon;

(C) Provide for continuation and expansion of existing governmental facilities in order to support the existing and future population and development of the city;

(D) Limit the development within the electrical transmission corridors;

(E) Allow for the reuse of surplus public and utility properties and facilities for private use;

(F) Provide for religious facilities in any land use designation, provided they are compatible with the policies of that site;

(G) Allow continuation of existing and provide new child and senior day care;

(H) Establish a center to provide services for the senior citizens of American Canyon.

Table 19.13.020 of this chapter sets forth the permitted and conditionally-permitted uses for each public district. A "P" designates a permitted use. A "C" indicates a conditionally permitted use subject to approval of a use permit by the planning commission. If no letter is found opposite a particular use, it is not permitted in that district.

Table 19.13.020 PUBLIC DISTRICT¹

1 Permitted and conditionally permitted uses on parcels located within a designated Napa County Airport compatibility zone may be restricted or prohibited subject to the requirements of the policies related to airport compatibility in the American Canyon general plan and the Napa County Airport land use compatibility plan. Restrictions may include the requirement for recordation of overflight or avigation easements.

The purpose and intent of this chapter is to:

(A) Establish reasonable development standards and a broad range of permitted and conditionally permitted uses to guide the orderly development and use of property within the LI (light industrial) district, Paoli Light Industrial (PLI), and the GI (general industrial) district; and

(B) To ensure that industrial uses are developed and operated in a manner that does not produce dangerous or objectionable elements or conditions. Unless otherwise specified, the location where the determination shall be made of the existence of any dangerous or objectionable element or condition shall be at the lot, parcel or ownership line of the use.

This chapter establishes three zoning districts to allow a broad range of industrial uses within those districts. The following industrial districts are established:

(A) LI (light industrial) district and PLI (Paoli Light Industrial) district: to accommodate the continuation of existing and the development of new light manufacturing uses, research and development, offices, and similar uses, including businesses that are ancillary to and support such uses, in locations that generally have high public visibility. Outdoor activities are limited and must be fully screened from off-site view.

(B) GI (general industrial) district: to provide areas appropriate for functional industrial activities, including warehousing, manufacturing, food processing, product and equipment assembly, and similar types of uses that may involve both indoor and outdoor activities, and related ancillary uses.

The provisions of this chapter shall apply to all uses within the industrial districts as shown on the official zoning district map of the city. Development within the industrial districts shall conform to all applicable development standards, regulations, and performance standards of this title.

(A) Hazardous Materials. All operations that involve the storage, use or transport of flammable or explosive materials or gases shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate firefighting and fire-suppressing equipment and devices, subject to the approval of the American Canyon fire protection district.

(B) Noise. Noise generated by any use shall comply with any noise standards adopted by the city.

(C) Vibrations. Vibrations associated with on-site operations shall not be discernible off-site, except for those due to operations involved in the construction or demolition of structures or caused by motor vehicles or trains.

(D) Airborne Emissions. No airborne emissions shall be produced that are readily detectable off-site without instruments by the average person, or that cause any damage to human health, animals, vegetation or property.

(1) Visible emissions shall not exceed the rules and regulations of the Bay Area Air Quality Management District.

(2) No emission of odorous gases or other odorous matter shall be produced in such quantities as to be readily detectable off-site by the average person.

(E) Electrical Disturbance. No activities shall produce electrical disturbance that affects the operation at any point of any equipment other than that of the creator of such disturbance.

(F) Climate. No humidity, heat or cold shall be produced that is perceptible without instruments by the average person off-site.

(G) Lights. No bright or flashing lights shall be visible off-site.

Table 19.14.050 of this section sets forth the permitted and conditionally-permitted uses for each industrial district. A "P" designates a permitted use. A "C" indicates a conditionally permitted use subject to approval of a use permit by the planning commission. An "M" indicates a minor use permit is required pursuant to Chapter 19.42. If no letter is found opposite a particular use, it is not permitted in that district.

Table 19.14.050
PERMITTED AND CONDITIONALLY
PERMITTED USES¹
INDUSTRIAL DISTRICTS

Table 19.14.060 of this chapter sets forth the minimum lot area, minimum yard setbacks, and lot coverage standards for each industrial district.

Table 19.14.060

* Where an existing legal, nonconforming, structure encroaches into a setback, which was established after the building was constructed, the existing building line may be continued subject to community development director approval.

(A) General Provisions.

(1) The requirements of this chapter shall apply to the establishment, alteration, or change in any use or structure, except as may be provided for herein. Parking required by this chapter shall be provided at the time any building or structure is erected or enlarged, or a use is established, changed, or expanded. The word "use" shall mean both the type and intensity of the use.

(2) When a change in use or expansion in floor area within an existing development increases by twenty percent or more the amount of off-street parking or loading required by the previous use, parking or loading spaces shall be provided for the increased demand. The number of new spaces provided shall be in addition to the number existing prior to the change in use or enlargement, unless the pre-existing number is greater than the number required by this chapter for the previous use, in which case the number in excess of the prescribed minimum may be deducted from the number required to be provided to serve the change in use or enlargement.

(3) Required parking spaces shall not be located within any front or side yard setback areas.

(4) Except as may be provided for in this chapter, required parking spaces shall be located on the same lot or parcel of land and within three hundred feet of the use they serve. Such distance shall be computed from the nearest point of a structure's public access to the nearest point of the parking area.

(5) The planning commission may approve deviations from these standards by use permit.

(B) Number of Spaces Required.

(1) Except as may be provided for in this chapter, automobile parking spaces shall be provided in the number set forth in Table 19.14.070(B) of this chapter. These requirements shall be considered minimum standards. The decision-making authority for a project may require more parking than is required by Table 19.14.070(B) when it finds that due to the characteristics of a project, the application of the above standards may lead to traffic congestion or parking violations in adjacent streets as well as unauthorized parking in nearby private lots.

(2) Fractional space requirements of .5 or more shall be counted as the next largest whole space.

(3) When two or more uses are located in the same building or structure, or are within the same common development, the parking requirements shall be the sum of the separate requirements for each use, except as specifically provided in this chapter.

(4) Requirements for uses not specifically listed herein shall be determined by the decision-making authority for a project, based upon the requirements for comparable uses and upon the particular characteristics of the use.

(5) Handicapped parking shall be provided according to the latest standards established by the state of California.

(6) No area may be utilized and counted both as a required parking space and a required loading space other than for company owned vehicles periodically stored for on-site loading.

(C) Shared Parking.

(1) The number of required parking spaces may be reduced for projects comprised of uses that generate parking needs primarily at different times, and that cooperatively establish and operate shared parking facilities.

(2) Shared parking may be approved through a conditional use permit for existing development. Where shared parking is proposed for new development as part of a design permit or conditional use permit application, the request shall be processed concurrently with the applications. Nothing in this section shall preclude the reviewing authority from placing additional conditions to protect the health, safety and welfare of the residents of the city or to establish the number or percentage of parking spaces to be shared.

(3) The applicant shall provide substantial evidence and documentation (including a description of all uses and operating characteristics) that a sufficient number of spaces are being provided to meet the parking demand of all participating uses at any given time of the day, week or year.

(4) All shared parking spaces shall be located so as to be reasonably accessible to the uses they serve, and shall not be separated from such uses by any street, unless otherwise approved by the decision-making authority.

(5) Reasonable pedestrian connections shall be provided from any shared parking spaces to all the uses that they serve.

(6) Covenants, conditions and restrictions (CC&Rs), deed restrictions or other agreements as may be required by the decision-making authority shall be executed and recorded, ensuring that required parking is provided and that the uses and operating characteristics of all participating uses are maintained.

(D) Dimensional Requirements.

(1) Standard Spaces. Required minimum parking dimensions are indicated in Table 19.04.070(D). Minimum dimensions shall not include any landscaped areas.

(2) Compact Spaces. Reduced dimensions of eight feet in width and sixteen feet in length (ninety-degree stalls) may be allowed for uncovered parking spaces for uses that have at least twelve parking spaces. Compact spaces shall not exceed twenty percent of the total required parking spaces. Compact spaces shall be clearly indicated by appropriate markings and signage.

(E) Striping and Surfacing. All parking lots shall be permanently surfaced and striped in accordance with the city's engineering standards and specifications.

(F) Parking Lot Entries. All parking lot entries shall have the minimum widths specified in the city's engineering standards and specifications.

(G) Curbing and Walkways.

(1) Continuous concrete curbing at least six inches high and six inches wide shall be provided at least three feet from any wall, fence, property line, walkway, or structures where parking and/or drive aisles are located adjacent thereto. Curbing may be left out at structure access points.

(2) The clear width of a walkway that is adjacent to overhanging parked cars shall be at least four feet.

(3) Individual wheel stops shall not be used.

(H) Drainage. All required off-street parking areas shall be so designed that surface water will not drain over any sidewalk or adjacent property.

(I) Landscaping.

(1) Surface parking areas of ten or more spaces shall have a landscaped area equal to a minimum of ten percent of the parking and circulation area.

(2) Landscaped areas shall be distributed throughout the parking area as evenly as possible. In larger parking areas (two or more maneuvering aisles), interior landscaping shall be used to visually separate the parking area into small spaces. Parking row ends shall be protected by landscaped planters.

(3) Landscaped areas shall have a minimum width of five feet.

(4) A minimum of one tree shall be provided for every six parking spaces in a double-loaded layout, and one for every three spaces in a single-loaded layout. The trees shall be located so as to visually disrupt long rows of parked vehicles; trees may be clustered. Canopy-type trees should be used to provide a relatively consistent tree cover which will shade the pavement and vehicles.

(5) A landscaped strip shall be provided adjacent to any public or private street wherever parking or circulation is generally or immediately located adjacent to such rights-of-way.

(6) Defined pedestrian routes shall be incorporated into parking and landscaped areas.

(7) Landscape areas shall be bordered by a concrete curb that has a minimum height and width of six inches. Landscaped planters within parking areas may be diamond-shaped in design.

(8) The setbacks from streets required by the schedule of zoning district regulations shall be fully landscaped (see ACMC Section 19.22.040)

(J) Screening.

(1) Where vehicles are to be parked immediately adjacent to a public or private street, a solid wall, opaque fence, berm, or compact evergreen hedge with a maximum height of thirty inches, measured from the finished surface of the parking area shall be provided.

(2) Where a parking or loading area in an industrial district is located directly across a street or alley from a residential district, a solid wall, opaque fence, berm, or compact evergreen hedge not less than six feet in height shall be located on the property line.

(K) Lighting.

(1) Public parking areas designed to accommodate three or more vehicles shall have lighting facilities capable of providing sufficient illumination at every point of the parking area. A lighting study demonstrating that a minimum of one foot candle will be maintained across the surface of the parking area may be required by the community development director.

(2) Any parking area illumination, including security lighting shall be so arranged as to reflect away from adjoining properties and rights-of-way.

(L) Location of Parking Spaces.

(1) Parking shall be designed so that all maneuvering may occur on-site and that all vehicles may enter an abutting street in a forward direction.

(2) No space in a parking lot shall be located so that a vehicle must maneuver within twenty feet of a vehicular entrance, measured from the property line.

(M) Maintenance. All required parking facilities and areas, including landscaping, surfacing, and striping shall be permanently maintained in good condition, free of weeds, litter and debris.

(A) Number Required. Loading spaces shall be provided for all industrial uses according to Table 19.14.080(A) below for the specified uses. The decision-making authority may require more loading spaces than are required by Table 19.14.080(A) to insure that a sufficient off-street loading area will be provided to accommodate routine operations in a safe and convenient manner. Required loading spaces shall be designated as such and restricted to such use.

Table 19.14.080(A)

(B) Minimum Dimensions. Each loading space shall have an unobstructed minimum dimension of twelve feet in width, forty-five feet in length, and fourteen feet in height. Larger spaces may be required by the decision-making authority to ensure that a sufficient off-street loading and unloading area will be provided to accommodate routine delivery or shipment operations in a safe and convenient manner.

(C) Location of Loading Spaces.

(1) Loading spaces required by this chapter shall be located immediately adjacent to the exterior wall of the building they serve or within the building and should minimize potential impacts on adjacent uses.

(2) Loading spaces shall not be located in any required front or side yard.

(3) Loading spaces should be so located and designed that trucks shall not be required to back into a public street for ingress or egress. Truck maneuvering areas should be provided on-site where necessary to comply with this requirement.

(4) Loading spaces should be concealed from off-site view to the maximum extent feasible.

(5) Where a loading area in a commercial or industrial district is located directly across a street or alley from a residential district, a solid wall, opaque fence, or compact evergreen hedge not less than six feet in height shall be located on the property line.

(A) Bicycle parking shall be provided in commercial and employment areas according to Table 19.14.090(A) below.

Table 19.14.090(A)

(B) Bicycle parking should be located in highly visible locations and should be lockable.

(A) Achieve high quality development design and existing use compatibility following design features:

(1) Architectural treatment of all building elevations.

(2) Extensive use of landscape along the primary street frontages and parking lots.

(3) Enclose storage areas visible from principal highways (including Highway 29) and peripheral residential and commercial districts with decorative screening or other elements.

(4) Screen rooftop mechanical equipment with a parapet or roof screen equal in height to the mechanical equipment.

(B) Require that industrial areas developed as research and development and office-oriented business parks be designed to convey a unified character by consideration of the following:

(1) Interconnect individual buildings with pedestrian walkways, arcades, and/or other visual elements.

(2) Differentiate building facades with materials, color, architectural details and building elevation articulation.

(3) Incorporate extensive landscape in parking areas, along building frontages, and other public areas.

(4) Use consistent and well-designed public and informational signage.

(5) Install of elements that define key entry points into the industrial district.

The purpose for establishing these recreation and open space districts and permitted uses is to:

(A) Maintain adequate open spaces to protect environmental resources, provide recreational opportunities, and contribute "relief" from urban and suburban activities;

(B) Preserve the important environmental resources of the city;

(C) Accommodate passive recreation, hiking and equestrian activities;

(D) Preclude development or activities in wetlands and significant habitats;

(E) Support compatible commercial activities which capitalize on local and regional agricultural vineyard resources.

Table 19.15.020 of this chapter sets forth the permitted and conditionally permitted uses for each public district. A "P" designates a permitted use. A "C" indicates a conditionally permitted use subject to approval of a use permit by the planning commission. If no letter is found opposite a particular use, it is not permitted in that district.

Note:

"OS" denotes Open Space District

"OS-CRW" denotes Open Space—Clarke Ranch West District

"REC" denotes Recreation District

Table 19.15.030 of this chapter sets forth the development standards for each recreation and open space district.

Footnotes:

(1) Permitted and conditionally permitted uses on parcels located within a designated Napa County Airport compatibility zone may be restricted or prohibited subject to the requirements of the policies related to airport compatibility in the American Canyon general plan and the Napa County Airport land use compatibility plan. Restrictions may include the requirement for recordation of overflight or avigation easements.

(2) For purposes of Table 19.15.020, "Winery" shall include the uses defined in Section 19.05.090 in conjunction with viticulture related activities such as bottling, storage, logistics, distribution, wine packing, and wine-related services.

(3) Subject to a conditional use permit approval, a maximum of 25% of the floor area within one building or 25% of the collective square footage of 2 or more buildings in the Recreation Zoning District may be allocated to non-wine related uses.

Footnotes:

(1) Outdoor winery related equipment such as tanks and crushing equipment customarily located outside of buildings are not included within the lot coverage standards.

(2) Site design must accommodate onsite trail connectivity with adjacent properties.

(3) Outdoor winery related equipment shall be screened from view of public streets, parks and trails with landscaping, opaque fence, or wall. Landscape screening shall include sufficient quantities, types, heights and densities of materials to provide at least 50% opacity within five years of planting, and shall be maintained by the property owner at 50% or greater opacity thereafter.

The planned community zone is created to:

(A) Provide a mechanism for implementing subarea policies contained in the general plan land use element;

(B) Provide for a measured degree of flexibility in development standards to promote creative development concepts, including increased areas devoted to functional open space and a more thoughtful relationship between dwelling units and open space;

(C) Promote provision of additional amenities such as community facilities in conjunction with implementation of development standards that are generally more flexible than traditional residential zoning standards;

(D) Establish standards and parameters for contemporary development concepts such as attached or detached cluster single-family housing or a mix of similar use types;

(E) Encourage the use of cluster development opportunities to preserve significant environmental resources;

(F) Establish standards for variation of lot sizes to facilitate and ensure sufficient diversity in housing styles, types, sizes and costs;

(G) Establish parameters for project phasing that reflects the city's ability to provide services and infrastructure in a logical, orderly cost effective manner.

All proposals to utilize provisions of this chapter will require rezoning to the planned community zone and approval of a planned community conceptual master plan. The planned community conceptual master plan shall be made a part of the city's official zoning map.

A planned community development permit is the implementing mechanism of the conceptual master plan and may be processed either concurrent with or subsequent to the rezone and conceptual master plan.

Related entitlements may be processed either subsequent to or concurrent with a planned community development permit. Notwithstanding the foregoing, a tentative subdivision map may be processed concurrently with a conceptual master plan.

There shall be no principally permitted uses other than those approved under a conceptual master plan and approved planned community development permit or modification thereof.

NOTE: Permitted and conditionally permitted uses on parcels located within a designated Napa County Airport compatibility zone may be restricted or prohibited subject to the requirements of the policies related to airport compatibility in the American Canyon general plan and the Napa County Airport land use compatibility plan. Restrictions may include the requirement for recordation of overflight or avigation easements.

Neighborhood commercial uses may be permitted in areas designated for residential land uses on the general plan land use map if approved under a conceptual master plan pursuant to the specifications and limitations contained in the land use and subarea schedule within the general plan land use element.

Permissible gross densities within a planned community master plan area shall be as specified in the general plan and land use map. Densities proposed for a portion of a planned community master plan area may exceed densities established under the general plan if overall densities within the boundaries of the master plan area remain consistent with the established general plan density range. Cluster single-family attached (including townhomes) or semi-attached housing may be considered in areas designated single-family residential on the general plan land use map if it can be clearly demonstrated that such clustering results in: (A) greater protection of environmental resources including, but not limited to, steep hillsides or biological resources/sensitive habitats, or results in provision of an amenity or amenities of community-wide importance; and (B) is consistent with specifications contained in the land use and subarea schedules contained in the general plan land use element.

The minimum site area for establishing a planned community district is ten acres.

(A) Conceptual Master Plan. Proposals to establish a planned community zone shall be accompanied by a conceptual master plan containing the information set forth below:

(1) Background information on physical characteristics of the concept plan area, including a detailed topographic map, the location of all drainage courses, and a vicinity map showing all adjacent uses and physical features and any necessary environmental information, including special studies as may be required based on environmental sensitivity maps contained in the general plan;

(2) The proposed locations of various land uses and intensities of land use, including proposed street and lot layouts, street and infrastructure connections to adjacent properties, the location of off-street parking areas, preliminary grading information including heights and widths of proposed manufactured slopes and any other pertinent information contributing to the understanding of the overall development concept;

(3) Areas proposed to be dedicated, reserved or developed for parks, parkways, school sites, public or quasi-public buildings or similar uses. Sufficient topographic and soil condition information shall be provided for these areas to establish that they would be functional for the intended uses;

(4) A description of the proposed development concept shall be an attachment and part of the conceptual master plan. The description should set forth proposed lot sizes and patterns, any unique architectural or site plan themes or elements that will be incorporated into the project, typical sketches for plotting of houses, criteria for addressing unique circumstances such as interface between differing land uses, any unique grading techniques that will be utilized, or similar information that will establish the parameters for exhibits, standards and conditions that will be necessary for submittal of a planned community development permit and related entitlement applications;

(5) An infrastructure master plan, evaluating sizing and extensions of infrastructure necessary to serve all phases of the development and any future planned development of adjacent areas. Included shall be a fiscal impact study analyzing costs of new demand for necessary infrastructure and services on both a short and long-term basis, how they will be funded, and potential funding shortfalls. These requirements may be reduced or waived for provided master plan areas containing twenty acres or less in area;

(6) An engineering analysis of infrastructure capacities, including the ability of the city to provide water and treat wastewater during peak periods or under reduced allocation years. The analysis shall include projected water use and wastewater generation at project buildout, current city uses and capacities, and anticipated uses and capacities at buildout;

(7) Tentative subdivision map (optional, may be deferred until planned development permit phase at discretion of planned community proponent);

(8) A preliminary phasing plan indicating sequence of development and related subdivision of land. Maximum buildout rate may be established based on the fiscal analysis and infrastructure capacity analysis. A funding mechanism must be established to pay for all necessary infrastructure for each phase of development. Phasing plan requirements may be reduced or waived for proposed master plan areas containing twenty acres or less in area.

(9) Rate of anticipated development (required at conceptual master plan stage if a tentative map is processed concurrently);

(10) Preliminary information on anticipated home prices, rental rates and dwelling sizes;

(11) A statement from the Napa Unified School District indicating school capacities and facility needs in the vicinity of the proposed planned community;

(12) Any other information that may be deemed necessary by the city to properly assess the zone change request.

(B) Planning Commission Review. The planning commission shall review and make a recommendation to the city council regarding the proposed planned community zone and conceptual master plan following a duly noticed public hearing based on standards and findings outlined herein.

(C) City Council Action. Upon receipt of the recommendations of the planning commission, the city council shall conduct a duly noticed public hearing to consider the request to establish a planned community zone and conceptual master plan. In the event that the planning commission recommends against the zone change to a planned community zone, the city council need not take further action on the zone change unless an interested party files a request for a hearing with the city clerk within five days after the planning commission files its recommendations with the city council (Government Code Section 65856). The council's action shall be based on conformity with the adopted general plan and compliance with all applicable standards and findings set forth herein.

(A) A planned community development permit application shall contain detailed development information either for a portion or all of the conceptual master plan area as set forth below. Additional information or clarification of submittal materials may be requested as deemed necessary by the city based on project specific issues or characteristics:

(1) Specific lot and street layout fully dimensioned and to scale;

(2) Complete plot plans for all proposed dwellings, buildings and structures, fully dimensioned and to scale (may be submitted in phases based on development sequence);

(3) Detailed building elevations fully dimensioned and to scale (may be submitted in phases based on development sequence);

(4) Floor plans for each type of dwelling or structure being proposed (may be submitted in phases based on development sequence);

(5) Illustrative drawings showing the relationship between interior dwelling areas and usable private yards and interior spaces (may be submitted in phases based on development sequence);

(6) Detailed landscape and improvements plans for all open space, recreational, greenbelt, parkway, common space and slope areas;

(7) Detailed grading information including height and width of all manufactured slopes;

(8) A preliminary drainage plan;

(9) Proposed tentative subdivision or parcel map if not submitted under the conceptual master plan;

(10) A final phasing plan;

(11) Rate of anticipated development which may be defined by the city under the terms of the planned community development permit.

(B) Planning Commission Action. The planning commission shall be the final decision-making authority for a planned community development permit unless appealed pursuant to procedures established under Section 19.16.090(C).

(C) Establishment of Conditions. The planning commission or city council may impose any and all conditions on the planned development permit necessary to ensure implementation of the planned community conceptual master plan in a manner consistent with the general plan, the standards in the planned community zone, and as may be required to protect the public health, safety and general welfare.

(D) Subsequent Entitlements within the Master Plan Area. Following approval of a conceptual master plan and planned community development permit, applications may be acted upon for subdivision or development of the property in accordance with the plans, terms and conditions of the planned development permit. Concurrent processing of the conceptual master plan, planned community development permit and related entitlement requests may be permissible if the entitlements are consistent with the conceptual master plan and development permit and the zone change and development permit are approved prior to other entitlement requests. The subsequent entitlement requests shall be processed in accordance with the applicable procedures established in the zoning and subdivision ordinances.

The following standards shall be applicable to all single-family residential subdivisions within areas designated single-family or multifamily residential on the general plan land use map unless otherwise noted. The intent of these standards is to provide a measured degree of increased flexibility over standard single-family zoning while establishing compensating or circumstances that would justify greater variation than what would normally be expected. Minimum standards are established to ensure that the basic integrity of the single-family general plan designation is retained and that a range of lot sizes be provided to meet both current and future city housing needs for various home types and market ranges.

(A) Baseline Lot Size/Mix of Lot Sizes. The baseline lot size shall be six thousand five hundred square feet. A reasonable proportion of lots proposed within a planned community may be less than the baseline with a minimum lot size of four thousand five hundred square feet. All lot sizes within a planned community may be larger than six thousand five hundred square feet although the reverse in which all lots are less than six thousand five hundred square feet is not permitted. The distribution and ratio of lot sizes shall be based on the following factors:

(1) Topographic and other physical constraints;

(2) Lot sizes and intensities of surrounding land uses;

(3) Proximity to common or public open spaces;

(4) Preservation of significant environmental resources;

(5) The above standards are not applicable to areas designated multifamily on the general plan land use map where the acceptable minimum lot sizes and mix of lot sizes shall be established under a conceptual master plan and planned community development permit.

(B) Exceptions for Extraordinary Features. Exceptions to the lot size and mix limitations under may be considered for significant community facilities or amenities proposed under a conceptual master plan. Significant community facilities include, but are not limited to, an improved public park encompassing an area equal to or larger than park area per population requirement established in the parks and recreation element of the general plan, a recreational facility or day care center serving the proposed community and the community at large, regional trail improvements, or significant contributions (land, facilities, or combination thereof) to school facilities. A determination of any exception pursuant to this section shall be made during review of the conceptual master plan.

(C) Lot Width. Lot widths shall be fifty feet or greater but may be less if it can be clearly demonstrated that a lesser lot width will not result in over concentration or minimal separation of structures, excessive garage door width in proportion to overall dwelling width, or reduced articulation of the front entry.

(D) Lot Depth. Lot depths shall be ninety feet or greater but may be less if it can be clearly demonstrated that adequate private area is being provided despite lesser lot depth or compensating common open space is provided adjacent to the lots.

(E) Lot Design. Lots shall generally be rectangular in shape and reasonably proportioned. The number of abutting lots shall be minimized.

(F) Dwelling/Garage Proportion. Garage door width shall not be the dominant architectural feature of the front dwelling elevation. Garage doors shall not occupy more than fifty percent of the width of the front of the dwelling unless it can clearly established that the front entry is clearly defined through use of a porch or similar feature and prominence of the garage door is reduced through use of second story architectural elements above, multiple panel garage doors rather than a single panel or similar measures.

(G) Front Setbacks. The minimum front setback from back of sidewalk to the main dwelling is fourteen feet. The minimum setback from the back of sidewalk to face of garage (attached or detached) shall be twenty feet except for side entry garages which may be set back a minimum of fourteen feet.

(H) Front Setback Variation. No more than three consecutive dwellings shall contain the same front setback. A minimum variation of five feet is required with the minimum front setback of fourteen feet.

(I) Rear Setback. The minimum rear setback is twenty feet. The minimum setback to the top or toe of a manufactured slope with a steepness greater than or equal to 3:1 shall be fifteen feet. The minimum setback for a detached or attached garage (without a second story) is five feet. Reduced setback may be permitted for private yards abutting significant common open space. Reduced setbacks for patio covers, decks or other accessory structures may be established pursuant to special standards under the planned community permit.

(J) Side Yard Setbacks. A "0" lot line may be permitted on one side if a fifteen foot separation between dwellings is provided on the opposite side. In all other cases, the minimum side yard setback shall be five feet on one side with a minimum ten foot setback on the opposite side. Alternatives may be considered if development plans clearly establish that dwelling separations and viewsheds are enhanced, privacy impacts are minimized, and grading impacts on the adjacent property are no greater than they would be with the standard setbacks.

(K) Shared Driveways. Shall be encouraged whenever feasible.

(L) Maximum Building Height. Two and one-half stories or thirty feet measured to the midpoint of a hip or gable type roof or the top of a flat roof.

(M) Private Open Space. A minimum of five hundred square feet of fenced private yard area is required for each single-family lot. Exceptions may be considered for dwellings abutting common open space areas that are functional for outdoor recreational activities. All dwellings shall have direct access to private yard areas. Private yard areas shall be oriented on the south or west sides of buildings to the greatest extent feasible to ensure penetration of low winter sun angles. Alternatively the fenced yard area shall have adequate dimensions to reduce shading effects of a north building location.

(N) Building Elevations. Similar architectural treatment shall be utilized on all sides of a building. Massing of second story elements shall be reduced through use of multiple roof lines, variation of wall planes and incorporation of architectural features such as dormers or multiple gable roof ends.

(O) Garage Doors. All garage doors shall be of equal or greater quality to that provided by the roll up variety. Swing up doors are not permitted.

(P) Defined Dwelling Entries. All dwelling units shall incorporate architectural elements that clearly define unit entries. All unit entries shall be highly visible and oriented to the street to minimize security problems.

(Q) Passive Solar Design. All dwellings shall have sufficient roof overhangs to promote winter heating and summer shading. Main mass of dwellings shall be oriented so as to take advantage of southerly exposures wherever feasible with consideration also given to prevailing southwest wind flows. Attached garages on the south side of dwellings shall be avoided except where no reasonable alternative exists.

(R) Common Open Space/Public Facilities. All projects proposing single-family dwelling lots smaller than the baseline minimum lot size shall include additional amenities and open spaces accessible by all project residents to compensate for reduced private yard areas. Open space areas must be large enough to be usable for sports and other outdoor activities. Neighborhoods shall be planned around these features to create community focal points. Size and type of facilities required will be based on project size and location. The open spaces and facilities may be public or private depending on the terms of the planned community development permit.

(S) Perimeter Walls. Every effort shall be made to reduce the need for perimeter walls. This may be accomplished through creative grading techniques, street and lot orientation, alternative land uses or residential densities at project perimeters or similar measures. If perimeter walls are unavoidable, a greenbelt of adequate width to minimize visual impacts of perimeter walls shall be provided adjacent to arterial or collector streets.

(T) Private Streets. Private streets may be permitted if a homeowners association is established for ongoing maintenance. The minimum standard section for a private street shall include sidewalks on both sides of the street, two travel lanes, and space available on both street sides for parallel parking. More extensive roadway improvements may be required depending on anticipated traffic levels. Alternative sections for private driveways may be considered based on function and location. Parking on both sides of the street may not be required where rear garage access is provided and is deemed consistent with the conceptual master plan.

All planned community conceptual master plan and development permit proposals containing the above development types within a portion or entire project area shall comply with the following standards set forth below:

(A) Required Setbacks. Minimum building setback for principal structures on all perimeter property lines shall be twenty feet except for arterial frontages where a minimum of thirty feet shall be provided. Side and rear yard setbacks for accessory structures shall be established under the planned community development permit. All parking areas shall be set back a minimum of twenty feet from arterial frontages. All setback areas shall be fully landscaped;

(B) Maximum building height: Two and one-half stories or thirty feet measured to the midpoint of a hip or gable type roof or the top of a flat roof;

(C) Minimum separation between buildings containing dwelling units: twenty feet;

(D) Common Usable Open Space. A minimum thirty percent of the project area devoted to multifamily uses shall be devoted to usable common open space for passive or active recreational uses. For purposes of meeting this requirement, usable open space areas shall not include public rights-of-way or private streets/driveways; vehicle parking areas; areas adjacent to or between any structures less than fifteen feet apart; private patios or yards; or areas having slopes of 3:1 or steeper. Common open space and recreational amenities shall be centrally located to serve as neighborhood focal points. Wherever possible, open spaces shall be visible from living areas within individual dwelling units to allow convenient supervision of children;

(E) Private Open Spaces. Each dwelling unit shall have a defined private open space area (balcony or patio) with minimum dimensions of ten feet by ten feet. These areas shall be fenced or within an enclosed balcony. Private yards abutting a major common open space area shall utilize low (four and one-half feet or less in height) fencing that is architecturally compatible with building design. Other fences shall be a maximum of six feet in height;

(F) Building Design. Multiple-family residential structures, including townhouses and condominiums, shall be designed to break up long wall or roof planes by providing defined unit entries, multiple roof lines, offsets in wall planes or similar features. Architectural treatment shall be provided on all building sides. Structures containing multiple units shall incorporate architectural elements that define individuality of each dwelling within the structure. This can be accomplished through provision of secondary roof line features such as secondary gables or porches that accentuate unit individuality;

(G) Design of Carports Garages Trash Enclosures and Other Accessory Structures. Design of such structures shall reflect the architecture of the primary buildings with respect to style, colors and materials;

(H) Garage Doors. All garage doors shall be of equal or greater quality to that provided by the roll up variety. Swing up doors are not permitted;

(I) Climatic Conditions/Passive Solar Design. All dwellings shall incorporate adequate roof overhangs to provide shading of the high summer sun while allowing passive solar heating from the low winter sun. Main mass of dwellings shall be oriented to take advantage of southern exposures to the maximum extent feasible with consideration also given to prevailing southwest wind flows. Private yard areas shall be oriented on the south or west sides of buildings to ensure penetration of low winter sun angles. Alternatively, the fenced yard area shall have adequate dimensions to ensure adequate direct solar gain to a portion of the private yard;

(J) Driveway Approaches/Design Features. All primary driveway approaches serving a multifamily development shall be delineated with interlocking pavers, decorative concrete, landscape medians or similar features.

In order to issue a planned community development permit, the following findings shall be made:

(A) That the land use and development plan proposed is consistent with the general plan and any adopted specific plan or conceptual master plan applicable to the area of the proposed project;

(B) That the proposed planned community contains a development concept and standards that ensure a residential environment of sustained desirability and stability that is in harmony with the character of the surrounding neighborhood;

(C) That the proposed planned community contains adequate sites for any necessary public facilities and incorporates useable common and private open space or public park space that in combination result in open space levels and amenities equal to or greater than what can be achieved under traditional zoning standards;

(D) That plan details have been provided indicating that unit design and orientation to open space and vehicular traffic ways will facilitate cohesive neighborhood patterns, and an attractive living environment;

(E) That the automobile, bicycle and pedestrian traffic systems are adequately designed to meet anticipated needs and to minimize potential conflicts with each other;

(F) That a phased development plan has been established that is consistent with the city's ability to provide infrastructure and services to the proposed planned community;

(G) That a mix of lot sizes and unit types is provided that is appropriate to project scale and consistent with housing element policies for diversity in the city's housing stock;

(H) That any exception to the baseline lot size and mix requirements is compensated for by provision of public facilities and amenities of community-wide importance.

No substantial change from an approved planned community conceptual master plan and development permit may be permitted unless approved by the original final decision making authority. Minor revisions consistent with the final approved planned community development permit may be approved by the community development director. For the purposes of this section, "substantial change" shall mean any change in land use, change in the number of permitted dwelling units, reduction in open space amenities, modification of overall design concepts, elimination, addition or rerouting of streets, or similar changes materially affecting the approved master plan concept. All such changes will require review by the planning commission and formal approval by the city council subject to procedures contained in this title.

All substantial changes shall require public hearings in accordance with procedures established in Section 19.16.090(B) or (C) or Section 19.16.100(B), whichever is applicable. All minor changes may be approved by the community development director without notice or hearing unless deemed appropriate by unique circumstances. Minor changes may be referred at the discretion of the community development director to the planning commission or may be appealed to the planning commission whose decision may be appealed to the city council.

In the event of a violation of any of the terms, conditions, or approved plans pertaining to an approved planned community conceptual master plan and development permit, the city council, after public notice and hearing, may revoke or modify a previously approved planned community conceptual master plan and development permit and initiate rezoning to an appropriate standard zone district consistent with the general plan designation applicable to the property.

A planned community development permit issued in conjunction with a tentative subdivision map shall expire no sooner than the approved tentative subdivision map, or any extension thereof, whichever occurs later.

A planned community development permit not issued in conjunction with a tentative subdivision map shall expire two years after the date of approval or an alternate date specified as a condition of approval, unless the permit has been initiated through commencement of substantial construction in good faith reliance on the permit or an extension has been granted. Upon application prior to the expiration of the planned community development permit, the time at which the permit expires may be extended for a period or periods not exceeding a total of three years. Prior to the expiration of a planned community development permit, upon an application to extend the permit, the permit shall automatically be extended for sixty days or until the application for the extension is approved, conditionally approved or denied, whichever occurs first. If the application for extension is denied, the decision may be appealed to the city council within fifteen days after the planning commission has denied the extension. Should a planned community development permit expire, a rezoning of the property shall be initiated to an appropriate standard zoning district consistent with the applicable general plan designation.

(A) Purpose. This chapter is intended to provide for the systematic implementation of general plan goals and policies for particular areas of the city that require a more comprehensive and intensive evaluation and planning effort due to their large size, the need to master plan infrastructure, and their unique environmental settings and viewsheds.

(B) Intent. A specific plan prepared in accordance with the standards set forth in this chapter is intended to serve as a regulatory document, consistent with the general plan. In the event there is an inconsistency or conflict between an adopted specific plan and comparable regulations of this title, the specific plan shall prevail.

Specific plans are authorized by. California Government Code Section 65450 et seq., which specifies minimum contents and provides for fees and an additional environmental review procedure.

No building or grading permit, land division or other entitlement shall be granted within a specific plan district prior to the adoption of a specific plan. However, the provisions of this chapter shall not apply to any valid tentative map, conditional use permit or other entitlement approved or in effect prior to the effective date of this chapter.

Land uses in a specific plan district shall conform to the densities or intensities permitted by the area's applicable general plan land use designation(s).

Prior to adoption of a specific plan, an area in a specific plan zoning district shall be designated as "SP" in a manner identical to that of any other zoning district. Following adoption of a specific plan for the area, a number shall be added to the designation that corresponds to its specific plan.

(A) Application.

(1) Application for a specific plan shall be filed with the community development department on forms prescribed by the planning commission, along with any plans, maps, or additional information required by the community development director. The application shall include, in part, a description of the proposed land use pattern, circulation and other improvements, phasing, requested modifications to development standards, financing of infrastructure improvements, and all other information required by state law for specific plans.

(2) The text and diagrams of the proposed specific plan shall be organized in a manner that clearly states the goals of the specific plan and sets forth regulations in a format readily usable by both professionals and lay persons who may have a role in implementing the specific plan.

(B) Preparation. Specific plans shall be prepared by the affected property owners in close cooperation with the city. Where property owners are unable or unwilling to prepare such specific plans, the city may prepare the specific plans in close cooperation with the affected property owners. The

city's costs of preparing or reviewing and adopting the specific plans and related environmental documents shall be recovered from the property owners benefiting by the specific plan, as provided for by state law.

(A) Approval Authority. An application for a specific plan shall be reviewed and approved, conditionally-approved, or denied by the city council in accordance with the procedures set forth in Chapter 19.40, Review and Approval Procedures, following planning commission review and recommendations.

(B) Concurrent Processing. Where an application for a specific plan is concurrently filed with an application for a zoning map amendment or other entitlements that may be feasibly processed together, all public hearings may be held concurrently.

(C) Ordinance Amendment. Simultaneous with the approval of a specific plan by the city council, the specific plan shall be made a part of this title through assignment of a specific plan number and amending the zoning map accordingly.

(D) Subsequent Amendment. A specific plan may be amended as necessary, under the same procedure as adoption of a specific plan. The specific plan text shall contain provisions for processing major and minor modifications.

Prior to approving a specific plan, the following findings supported by adequate evidence shall be made by the city council:

(A) The distribution, location and extent of land uses, including open space, as depicted in the specific plan is consistent with the general plan.

(B) The specific plan provides for public infrastructure and services needed to support the land uses described in the plan, including adequate distribution, location, extent and intensity of transportation, sewage, water, drainage, solid waste disposal, energy, parks, community facilities and other essential facilities.

(C) The standards and development criteria, including requirements for resource utilization, will ensure that development proceeds in an orderly fashion and maintains a high level of quality.

(D) The specific plan contains implementation measures, including financing programs, to ensure that development is supported by adequate infrastructure as it occurs.

(E) The site is suitable for the type and intensity of development proposed.

(F) The flexibility in development standards afforded by the specific plan process has resulted in a project providing more superior design and amenities than would occur under more traditional zoning practices, and the project provides clear and substantial benefit to the city.

(A) A specific plan may include such terms and conditions deemed appropriate or necessary by the city council to make the findings specified in Section 19.17.080. The specific plan adoption resolution may link its adoption to other entitlements or programs, such as subdivision or parcel maps, area facilities plans, design guidelines, monitoring programs, and financing mechanisms.

(B) A specific plan or its conditions of approvals may be subsequently modified per Chapter 19.45, Minor and Major Modifications.

The purpose of the MHP mobilehome park overlay district is to:

(A) Recognize the importance of existing mobilehome parks as a valuable city resource providing affordable housing and stable communities, protected from speculative pressures to convert to other land use types;

(B) Provide appropriate areas for residential mobilehome park development that are consistent with the general plan and with standards of the public health and safety as established by state or city code;

(C) Ensure adequate light, air, privacy and open space for each dwelling, and protect residents from the harmful effects of excessive noise, population density, traffic congestion and other environmental effects;

(D) Achieve design compatibility with surrounding neighborhoods and promote and encourage orderly residential development with appropriate physical amenities.

(A) Permitted Uses. The following uses may be allowed in the MHP overlay district through approval of a design permit (Chapter 19.41):

(1) Mobilehome park, defined as a site developed for the long-term placement of mobilehomes that are certified under the National Manufactured Housing Construction and Safety Standards Act of 1974;

(2) Accessory structures and recreational facilities related to mobilehome parks;

(3) Caretaker's quarters.

(B) Conditionally-Permitted Uses. The following uses may be allowed in the MHP overlay district through approval of a conditional use permit (Chapter 19.42):

(1) Mobilehome subdivision;

(2) The permitted and conditionally-permitted uses allowed by this title for the underlying base zone district.

(C) Mobilehome Park Conversion. All requests to convert a mobilehome park or subdivision to another land use requires a rezoning to eliminate the overlay district and compliance with the city's mobilehome park conversion ordinance.

(A) Project Area. A site proposed for a mobilehome park or subdivision shall be a minimum of ten acres.

(B) Density and Site Area.

(1) The minimum and maximum overall density of a mobilehome park or subdivision shall conform to the site's general plan land use designation and the underlying base zone district.

(2) Individual mobilehome sites or lots shall have a minimum area of three thousand six hundred eighty square feet.

(C) Site Width. Individual mobilehome sites or lots shall have a minimum width of forty-six feet.

(D) Perimeter Buffer Area. A landscaped area with a minimum width of twenty feet shall be maintained along the exterior boundaries of a mobilehome park or subdivision site as a buffer between the mobilehome units and the adjoining property, except when located adjacent to any public roadway, where a landscaped buffer area with a minimum width of thirty feet of shall be maintained.

(E) Minimum Yards.

(1) Side and Rear Yards. A five-foot minimum setback from the outer edge of any structure or mobilehome to the mobilehome side or rear space or lot line shall be maintained.

(2) Front Yard. A fifteen-foot minimum setback from the outer edge of any structure or mobilehome to the mobilehome front space or lot line shall be maintained.

(3) Cornices, eaves, canopies, fireplaces and other similar architectural features, but not including any flat wall or window surface, may extend up to two feet into any yard. No other encroachments shall be permitted.

(F) Maximum Height. The maximum height in the MHP overlay district shall be twenty-five feet and structures shall be limited to one story.

(G) Common Areas. Common areas shall be provided within a mobilehome park or subdivision for recreation and other activities. The size and type of facilities required will be based on project size and location.

(H) Circulation and Parking. All streets, access drives, parking bays and connection to public roads shall be in accordance with plans reviewed and approved by the city engineer.

(1) Access.

(a) All mobilehome spaces shall be served from internal private streets within the mobilehome park or subdivision, and there shall be no direct access from a mobilehome space to a public street or alley.

(b) Private streets shall have a clear and unobstructed access to a public thoroughfare.

(2) Street Widths.

(a) The minimum width for any street within a mobilehome park shall be no less than twenty-five feet.

(b) No interior street shall be less than thirty-two feet in width, curb to curb, if parking is allowed on one side and not less than forty feet in width if parking is allowed on both sides.

(3) Pedestrian Circulation. Sidewalks and pedestrian pathways shall be incorporated into the park design to allow normal circulation patterns to take place between adjacent parcels and common areas.

(4) Parking. Parking shall be provided in accordance with Chapter 19.21, Parking and Loading.

(I) Boat and Trailer Storage.

(1) All pleasure boats, trailers, campers and motor coaches shall be stored in an approved area set aside for such storage.

(2) Such areas shall be screened from view and shall provide a minimum of one boat or trailer space for every five mobilehome sites.

(3) Such storage shall not be allowed on any street or individual mobilehome space.

(J) Landscaping.

(1) A detailed landscaping plan shall be submitted for consideration with each application for a mobilehome park or subdivision, in accordance with Chapter 19.22, Landscaping and Screening. All open areas except driveways, parking areas, walkways, utility areas, decks, patios and porches shall be landscaped and maintained.

(2) Substantial trees shall be planted throughout the mobilehome park or subdivision, and one street, of a variety approved by the planning commission, shall be provided on each lot. Specimen trees of not less than five-gallon container size or one inch in trunk diameter shall be planted.

(K) Utilities.

(1) All utilities in a mobilehome park or subdivision shall be installed underground.

(2) Individual exposed antennas are not permitted. Each mobilehome park or subdivision shall utilize a master antenna system.

(L) Fences.

(1) The approving authority may require that the park or subdivision property be enclosed at the rear and sides by a six-foot fence and/or thick screen planting for control of view, light, sound and adequate security.

(2) Fences up to six feet in height may be permitted in the front setback area provided an average setback of ten feet from the street property line is observed and the area between the fence and property line is well landscaped and maintained. The height of fencing and landscaping located at intersections of streets, driveways and pedestrian walkways may be limited to provide clear lines of sight.

(M) Other Standards. Additional development standards may be prescribed as conditions of approval when such requirements are determined to be necessary to ensure the protection of the character of neighboring properties, the compatibility of land uses, and the health and safety of mobilehome development occupants and other city residents.

(N) Continued Maintenance. All recreation facilities, common open spaces, common area landscaping, perimeter walls and streets/driveways established under permits approved prior to adoption of this chapter shall be maintained and repaired on an ongoing basis to ensure that such facilities serve the purpose intended under the original or subsequent permit approvals.

(A) Mobilehome park or subdivision signs shall be limited to one twenty-four square foot sign per major entrance, not to exceed a height of six feet.

(B) Each mobilehome park or subdivision shall maintain a directory sign showing the location and house number of each unit.

(C) Signs shall be subject to the permit procedures and standards set forth in Chapter 19.23, Sign Regulations, except as noted herein.

(A) "Senior mobile home park" is a mobile home park in the city located within the MHP mobile home park overlay district in which at least eighty percent of the spaces are occupied by or intended for occupancy by at least one person who is age fifty-five or older.

(B) Coterminous with the existing zoning for mobile home park residential is the senior mobile home park overlay zone (MHP-S).

(C) Mobile home units in a mobile home park in the senior mobile home overlay zone shall be occupied only consistent with the definition of senior mobile home park in subsection A of this section so that at least eighty percent of spaces and mobile home units are rented and occupied by at least one person who is age fifty-five or older. The age restriction stated herein does not apply to or affect ownership of mobile home units, but is an occupancy requirement.

(D) The signage, advertising, park rules and regulations, and leases for spaces or units in mobile home parks in the senior mobile home park overlay zone shall state the park is a senior park, or "housing for older persons," which at a minimum is consistent with the definition in subsection A of this section.

(E) Senior mobile home park owners and/or their management personnel shall submit biennial verification of occupancy to confirm their status as a senior mobile home park, through survey or affidavit, in a form to be determined by the city planning director, which shall be consistent with the survey or affidavit that satisfies the Federal Fair Housing Act regulations and which the city planning director, or designee, shall review and certify.

(F) Failure to submit the verification required by this section or failure of the verification to confirm a mobile home park within the senior mobile home park overlay zone meets the definition in subsection A of this section shall constitute a violation of the city's zoning ordinance, subject to enforcement in the manner and form provided for in the American Canyon Municipal Code.

The purpose of the CS specialty commercial overlay district is to provide for commercial and commercially-related uses that capitalize on and attract visitors due to a site's unique views and other natural characteristics.

(A) Property in the CS overlay district may be used either for industrial purposes, consistent with the permitted and conditionally permitted uses allowed by this title for the underlying LI base zone district, or for specialty commercial purposes¹.

(B) Should the owner of property in the CS overlay district decide to use the property for the purpose set forth in Section 19.19.010, the following uses as defined in use classifications, may be permitted¹:

(1) Public and quasi-public uses:

(a) Public information center,

(b) Public parking,

(c) Utilities, minor;

(2) Commercial uses:

(a) Bank, savings and loan, including walk-up service,

(b) Entertainment, indoor,

(c) Long-term care,

(d) Lodging services,

(e) Personal services,

(f) Restaurant,

(g) Retail sales, visitor-oriented.

(C) Should the owner of property in the CS overlay district decide to use the property for the purpose set forth in Section 19.19.010, the following uses as defined in use classifications, may be permitted subject to a conditional use permit¹:

(1) Public and quasi-public uses:

(a) Charitable uses;

(2) Commercial uses:

(a) Entertainment, indoor; amusement center,

(b) Lodging services adjacent to a residential district,

(c) On-premises liquor consumption, tasting room,

(d) Liquor store;

(3) Temporary uses:

(a) Commercial filming,

(b) Live entertainment,

(c) Mobile structure (subject to Chapter 19.30),

(d) Tent;

(4) Public and quasi-public uses:

(a) Antenna, commercial,

(b) Antenna exceeding height limitations;

(5) Commercial uses:

(a) Entertainment, indoor, gaming,

(b) On-premises liquor consumption,

(c) Restaurant, night use adjacent to residential district,

(d) Restaurant, take-out; night use adjacent to residential district.

Permitted and conditionally permitted uses on parcels located within a designated Napa County Airport compatibility zone may be restricted or prohibited subject to the requirements of the policies related to airport compatibility in the American Canyon general plan and the Napa County Airport land use compatibility plan. Restrictions may include the requirement for recordation of overflight or avigation easements.

(A) The development standards set forth in the schedule of zoning district regulations for the LI district shall apply to development in the CS specialty commercial overlay district.

(B) The design of development in the CS district shall comply with the following criteria:

(1) Buildings shall be oriented to take advantage of the site's unique views, where feasible.

(2) Architecture should blend with hillsides to the extent feasible.

(3) Projects using the specialty commercial overlay zoning that require approval of a design permit shall incorporate into the site plan a public pedestrian easement to the site with potential connections to adjacent properties that provides access to the site's unique views.

(4) Long-term care facilities shall mitigate potential emergency service impacts by paying an emergency service impact fee if and when such an impact fee is adopted.

(5) Prior to issuance of a building permit for a long-term care facility in Zone D, an acoustical study shall be conducted that assesses and mitigates aircraft noise impacts consistent with Appendix C of the Napa County Airport Land Use Compatibility plan.

(6) Prior to approval of any discretionary application for a long-term care facility, clustering is encouraged to maximize development in Zone E and retain open land areas in Zone D.

(7) Prior to approval of any discretionary application for a long-term care facility, an assessment shall be made to evaluate and limit the size of the project consistent with the density and height requirements allowable in the applicable Napa County Airport Land Use Compatibility zone.

(8) Prior to issuance of a building permit for a long-term care facility, an overflight easement shall be recorded on the property if one is not already in place.

(9) Any long-term care facility proposed in Napa County Airport Land Use Compatibility Zone D shall be reviewed by the Napa County Airport Land Use Commission for consistency with the compatibility plan.

The purpose of the Paoli Light Industrial Commercial Overlay District is to accommodate commercial and commercially related uses that capitalize on vehicle access and visibility from Highway 29 and Newell Drive and serve industrial uses in the City's Industrial Parks.

(A) Property in the Paoli Light Industrial Commercial Overlay District may be used either for industrial purposes, consistent with the permitted and conditionally permitted uses allowed by this title for the underlying Paoli Light Industrial (PLI) base zone district, or for commercial purposes¹.

(B) The following uses as defined in use classifications, are permitted¹:

(1) Public and quasi-public uses:

(a) Charitable uses

(b) Public information center

(c) Utilities, minor

(2) Commercial uses:

(a) Ambulance Services

(b) Bank, savings and loan, including walk-up service

(c) Bookstore

(d) Catering

(e) Drugstore

(f) Food Sales

(g) Lodging services

(h) Maintenance and Repair Services

(i) Personal services

(j) Restaurant

(k) Restaurant, Night Use

(l) Restaurant, take-out

(m) Retail sales

(n) Zero Emission Vehicle Service Station

(C) The following uses as defined in use classifications, are permitted subject to a conditional use permit¹:

(1) Commercial uses:

(a) Automobile rental

(b) Entertainment, indoor

(c) On-premises liquor consumption, tasting room

(d) Personal Improvement Services

(e) Vehicle/equipment sales and service

These regulations are intended to achieve the following:

(A) To provide parking and loading facilities in proportion to the needs generated by various types of land uses;

(B) To provide accessible, attractive, secure, properly-lighted, and well-maintained and screened off-street parking and loading facilities;

(C) To reduce traffic congestion and hazards.

(A) The requirements of this chapter shall apply to the establishment, alteration, or change in any use or structure, except as provided herein. Parking required by this chapter shall be provided at the time any building or structure is erected or enlarged, or a use is established, changed, or expanded. The word "use" shall mean both the type and intensity of the use.

(B) When a change in use or expansion in floor area within an existing development increases by twenty percent or more the amount of off-street parking or loading required by the previous use, parking or loading spaces shall be provided for the increased demand. The number of new spaces provided shall be in addition to the number existing prior to the change in use or enlargement, unless the pre-existing number is greater than the number required by this chapter for the previous use, in which case the number in excess of the prescribed minimum may be deducted from the number required to be provided to serve the change in use or enlargement.

(A) Number of Spaces Required.

(1) Automobile parking spaces shall be provided in the number set forth in Table 19.21.030(A). Fractional space requirements of .5 or more shall be counted as the next largest whole space. These requirements shall be considered minimum standards. The decision-making authority for a project may require more parking than is required by Table 19.21.030(A) when it finds that due to the characteristics of a project, the application of the above standards may lead to traffic congestion or parking violations in adjacent streets as well as unauthorized parking in nearby private lots.

(2) When two or more use are located in the same building or structure, or are within the same common development, the parking requirements shall be the sum of the separate requirements for each use, except as specifically provided in this chapter.

The above requirements for industrial uses may be increased, if necessary, to provide a minimum of 2 spaces per 3 employees on the 2 adjoining shifts having the largest number of employees.

(3) Requirements for uses not specifically listed herein shall be determined by the decision-making authority for a project, based upon the requirements for comparable uses and upon the particular characteristics of the use.

(4) Handicapped parking shall be provided according to the latest standards established by the state of California.

(5) No area maybe utilized and counted both as a required parking space and a required loading space other than for company-owned vehicles periodically stored for on-site loading.

(B) Shared Parking.

(1) The number of required parking spaces may be reduced for projects comprised of uses that generate parking needs primarily at different times, and that cooperatively establish and operate shared parking facilities.

(2) Shared parking may be approved through a conditional use permit for existing development. Where shared parking is proposed for new development as part of a site plan review or conditional use permit application, the request shall be processed concurrently with the applications. Nothing in this section shall preclude the reviewing authority from placing additional conditions to protect the health, safety and welfare of the residents of the city or to establish the number or percentage of parking spaces to be shared.

(3) Shared parking arrangements may only be approved if the following requirements are met:

(a) The applicant has provided substantial evidence and documentation (including a description of all uses and operating characteristics) that a sufficient number of spaces are being provided to meet the parking demand of all participating uses at any given time of the day, week or year.

(b) All shared parking spaces shall be located so as to be reasonably accessible to the uses they serve, and shall not be separated from such uses by any street, unless otherwise approved by the decision-making authority.

(c) Reasonable pedestrian connections shall be provided from any shared parking spaces to all the uses that they serve.

(d) Covenants, conditions and restrictions (CC&Rs), deed restrictions or other agreements as may be required by the decision-making authority shall be executed and recorded, ensuring that required parking is provided and that the uses and operating characteristics of all participating uses are maintained.

(C) Accessory Dwelling Unit Parking. Parking spaces required for accessory dwelling units (i.e., dwelling units located in a commercial zoning district on the same site as a primary permitted or conditionally-permitted use) shall be specifically designated and reserved by posting, pavement marking and/or physical separation.

(D) Dimensional Requirements.

(1) Minimum Dimensions. Required minimum parking dimensions are indicated in Table 19.21.030(D)(1). Minimum dimensions shall not include any landscaped areas.

(2) Compact Spaces. Reduced dimensions of eight feet in width and sixteen feet in length (ninety degree stalls) may be allowed for uncovered parking spaces for uses shown in Table 19.21.030(D)(2) that have at least twelve parking spaces. Compact spaces shall be clearly indicated by appropriate markings and signage.

(3) Covered Residential Spaces. Required covered residential parking spaces shall have a minimum unobstructed length of twenty feet, width of ten feet, and ceiling height of seven feet, six inches.

(E) Garages.

(1) Garage door openings shall have a minimum height of seven feet and shall be covered by a solid or sectional door which shall be constructed of wood, metal or fiberglass, and painted, stained or treated to be harmonious with the exterior of the residential structure.

(2) In front of any required garage there shall be a permanently surfaced area measuring no less than one foot greater in width on each side of the overhead door and no less than twenty feet in depth.

(3) For all new construction or remodels and additions where a residence is required to be brought up to current uniform codes, all garage interior surfaces shall be finished with gypsum board or equivalent, nailed and taped in accordance with the minimum standards of the Uniform Building Code as adopted by the city. On walls or the ceiling where fire protection or fire rating is required, a minimum of five-eighths-inch gypsum board or equivalent shall be used. On walls or ceilings where fire protection or fire rating is not required, a minimum of one-half inch gypsum board shall be used.

(4) For all garages and carports that may have been previously converted to a habitable space without securing building permits, the following conditions shall apply:

(a) Building permits maybe issued for the following cosmetic improvements without requiring any previously-converted carports or garages to be updated to current uniform codes and inspected:

(i) A re-roof where no structural changes to the roof are required or proposed and where no chimneys, fireplace or heater vents penetrate the roof;

(ii) Changing windows and doors except in the converted area;

(iii) Interior remodels where no changes are proposed to the converted area or walls contiguous to the converted area.

(b) Building permits maybe issued for minor additions to existing rooms, interior and exterior re

models, and other similar improvements to an existing residence without requiring a previously converted garage or carport to be restored to its original use and configuration so long as that portion of the building that was converted to another use without benefit of building permits or inspections is brought up to the standards of the Uniform Building Codes adopted by ordinance of the city council in effect at the time building pen-nits are issued for the additional or new work.

(c) Where a building permit is requested for the addition of one or more bedrooms or the addition of a second floor, the converted area shall be brought into compliance with the uniform codes in effect at the time the building permits are issued, and a garage with space for two vehicles shall be provided. Where a two-car garage may not be constructed due to practical difficulties or unusual circumstances such as lot size, lot configuration, or topography, a variance application may be submitted to the planning commission for consideration.

(F) Striping.

(1) Parking spaces in parking lots shall be clearly outlined with four-inch wide lines painted on the parking surface.

(2) The restriping of any parking space of lot shall require the approval of a restriping plan by the director.

(G) Surfacing.

Parking spaces and maneuvering areas in parking lots shall be paved and permanently maintained with asphalt, concrete or other all-weather surfacing approved by the director.

(H) Access to Parking.

(1) Access to a parking space may only be from an approved driveway approach constructed to city standards unless otherwise approved by the city engineer.

(2) Handicapped access ramps in city sidewalks shall not be used for access to a parking space or access to a side or rear yard.

(I) Curbing and Walkways.

(1) Continuous concrete curbing at least six inches high and six inches wide shall be provided at least three feet from any wall, fence, property line, walkway, or structures where parking and/or drive aisles are located adjacent thereto. Curbing may be left out at structure access points.

(2) The clear width of a walkway that is adjacent to overhanging parked cars shall be at least four feet.

(3) Individual wheel stops shall not be used.

(J) Drainage. All required off-street parking areas shall be so designed that surface water will not drain over any sidewalk or adjacent property.

(K) Landscaping.

(1) Surface parking areas of ten or more spaces shall have a landscaped area equal to a minimum of ten percent of the parking and circulation area.

(2) Landscaped areas shall be distributed throughout the parking area as evenly as possible. In larger parking areas (two or more maneuvering aisles), interior landscaping shall be used to visually separate the parking area into small spaces. Parking row ends shall be protected by landscaped planters.

(3) Landscaped areas shall have a minimum width of five feet.

(4) A minimum of one tree shall be provided for every six parking spaces in a double-loaded layout, and one for every three spaces in a single-loaded layout. The trees shall be located so as to visually disrupt long rows of parked vehicles; trees may be clustered. Canopy-type trees should be used to provide a relatively consistent tree cover which will shade the pavement and vehicles.

(5) A landscaped strip shall be provided adjacent to any public or private street wherever parking or circulation is generally or immediately located adjacent to such rights-of-way.

(6) Defined pedestrian routes shall be incorporated into parking and landscaped areas.

(7) Landscape areas shall be bordered by a concrete curb that has a minimum height and width of six inches. Landscaped planters within parking areas may be diamond-shaped in design.

(L) Screening.

(1) Where vehicles are to be parked immediately adjacent to a public or private street, a solid wall, opaque fence, berm, or compact evergreen hedge with a maximum height of thirty inches, measured from the finished surface of the parking area shall be provided.

(2) Where a parking or loading area in a commercial or industrial district is located directly across a street or alley from a residential district, a solid wall, opaque fence, berm, or compact evergreen hedge not less than six feet in height shall be located on the property line.

(M) Lighting.

(1) Public parking areas designed to accommodate three or more vehicles shall have lighting facilities capable of providing sufficient illumination at every point of the parking area. A lighting study demonstrating that a minimum of one-foot candle will be maintained across the surface of the parking area may be required by the community development director.

(2) Any parking area illumination, including security lighting shall be so arranged as to reflect away from adjoining properties and rights-of-way.

(N) Location of Parking Spaces.

(1) Except as otherwise set forth in the shared parking section of this chapter, parking spaces required by this chapter within commercial and industrial zones shall be located on the same lot or parcel of land as the use they serve, and within three hundred feet of the use they serve. Such distance shall be computed from the nearest point of a structure's public access to the nearest point of the parking area. Required parking shall not be located in any required front or street side setback area.

(2) Required parking for single-family dwellings and secondary units shall be located on the same lot as the dwelling served, and shall not be located within a required front or street side setback area.

(3) No vehicular parking shall be permitted in a required front yard in any residential district except on an area permanently surfaced (with continuous surfacing to point of access from a public or private street) for parking by paving, gravel, brick, grasscrete, concrete pavers or similar materials.

(4) No more than fifty percent of the required front yard for lots with sixty feet or more of street frontage may be paved and used for vehicular parking. An increased percentage of paved area may be permitted by the community development director on lots with lesser frontage to allow up to a thirty-foot wide driveway including flag lots where the entire flag access corridor may be paved.

(5) Required parking for multifamily dwellings shall be located on the same lot as the dwelling served, or in the case of parking being located in a common area, not more than one hundred fifty feet from the dwelling served, and shall not be located within a required front or street side setback area.

(6) Tandem parking may be allowed for single and two-family dwelling units when the tandem space is behind the covered space serving the same unit.

(7) Parking shall be designed so that all maneuvering may occur on-site and that all vehicles may enter an abutting street in a forward direction. The director may approve exceptions for residential projects.

(8) No space in a parking lot shall be located so that a vehicle must maneuver within twenty feet of a vehicular entrance, measured from the property line.

(O) Maintenance. All required parking facilities, including surfacing and striping, shall be permanently maintained in good condition, free of litter and debris.

(A) Number Required. Loading spaces shall be provided according to Table 19.21.040 for the specified uses. The decision-making authority may require more loading spaces than are required by Table 19.21.040 to insure that a sufficient off-street loading area will be provided to accommodate routine operations in a safe and convenient manner. Required loading spaces shall be designated as such and restricted to such use.

Table 19.21.040

REQUIRED LOADING SPACES

(B) Minimum Dimensions. Each loading space shall have an unobstructed minimum dimension of twelve feet in width, forty-five feet in length, and fourteen feet in height. Larger spaces may be required by the decision-making authority to ensure that a sufficient off-street loading and unloading area will be provided to accommodate routine delivery or shipment operations in a safe and convenient manner.

(C) Location of Loading Spaces.

(1) Loading spaces required by this chapter shall be located immediately adjacent to the exterior wall of the building they serve or within the building.

(2) Loading spaces shall not be located in any required front or side yard.

(3) The location of loading spaces should minimize potential impacts on adjacent uses.

(4) Loading spaces should be so located and designed that trucks shall not be required to back into a public street for ingress or egress. Truck maneuvering areas should be provided on-site where necessary to comply with this requirement.

(5) Loading spaces should be concealed from offsite view to the maximum extent feasible.

(6) Where a loading area in a commercial or industrial district is located directly across a street or alley from a residential district, a solid wall, opaque fence, or compact evergreen hedge not less than six feet in height shall be located on the property line.

(A) Bicycle parking shall be provided in commercial and employment areas according to Table 19.21.050.

Table 19.21.050

REQUIRED BICYCLE PARKING

(B) Bicycle parking should be located in highly visible locations and should be lockable.

(C) The bicycle parking requirement may be phased for parking areas containing sixty or greater spaces depending on accessibility of the area to bicycle routes.

This chapter is intended to implement the landscape design requirements of the Water Conservation in Landscaping Act of 2006 (AB 1881) and to establish standards for sustainable landscape practices in accordance with the StopWaste.Org Bay Friendly Landscape guidelines. It ensures that urbanized areas are sufficiently augmented by adequate, water-efficient, landscaping and open space in order to:

(A) Shade vehicles in parking lots.

(B) Break up extensive stretches of paving.

(C) Reduce impervious areas.

(D) Provide natural solar insulation for buildings, to screen certain types of land uses where appropriate.

(E) Create interesting and defined entries to facilities.

(F) Soften project perimeters.

(A) Applicability. A conceptual landscape plan shall be required for all entitlements for which design permit approval is required (Chapter 19.41).

(B) This chapter does not apply to:

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

(2) Ecological restoration projects that do not require a permanent irrigation system.

(3) Plant collections, as part of botanical gardens and arboretums open to the public.

(C) Review and Approval.

(1) Conceptual landscape plans shall be reviewed and approved by the planning commission, except for entitlements subject to the approval of the community development director (pursuant to Chapter 19.40, Review and Approval Procedures).

(2) Final landscape plans, as defined by Chapter 16.13 of the municipal code, shall be subject to review and approval by the community development director.

The terms used in this chapter have the meaning set forth below:

"Applied water'' means the portion of water supplied by the irrigation system to the landscape.

"Bay-Friendly Landscape Guidelines" means the most recent version of the guidelines developed by StopWaste.Org for use in the professional design, construction and maintenance of landscapes.

"City" means the city of American Canyon and its representatives.

"Conceptual landscape plan" means a preliminary landscape plan submitted to the city for review with a discretionary application.

"Conversion factor (0.62)" means the number that converts acre-inches per acre per year to gallons per square foot per year.

"Drip irrigation" means any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

"Ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

"Estimated total water use (ETWU)" means the total water used for the landscape as described in Section 492.4.

"ET adjustment factor (ETAF)" means a factor of 0.7, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape.

"Evapotranspiration rate" means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.

"Final landscape plan" means a landscape plan submitted to the city for review and issuance of building permits and contains the same elements as the conceptual landscape plan.

"Flow rate" means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second.

"Hardscapes" means any durable material (pervious and non-pervious).

"Homeowner-provided landscaping" means any landscaping either installed by a private individual for a single-family residence or installed by a licensed contractor hired by a homeowner. A homeowner, for purposes of this chapter, is a person who occupies the dwelling he or she owns. This excludes speculative homes, which are not owner-occupied dwellings.

"Hydrozone" means a portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non-irrigated.

"Infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour).

"Invasive plant species" means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources.

"Landscape architect" means a person who holds a license to practice landscape architecture in the state of California Business and Professions Code Section 5615.

"Landscape area" means all the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for non­development (e.g., open spaces and existing native vegetation).

"Landscape contractor" means a person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems.

"Landscape documentation package" means the documents required under Section 16.14.050.

"Landscape project" means total area of landscape in a project as defined in "landscape area" for the purposes of this chapter, meeting requirements under Section 19.22.020.

"Lawn" means an area of short, mown grass in a yard, garden, or park.

"Maximum applied water allowance (MAWA)" means the upper limit of annual applied water for the established landscaped area as specified in Section 19.22.060. It is based upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the landscape area.

"Mulch" means any organic material such as leaves, bark, arbor or wood chips, recycled wood waste, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.

"Native species" means plants from the local microclimate or Northern California species.

"New construction" means, for the purposes of this chapter, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building.

"Permit" means an authorizing document issued by local agencies for new construction or rehabilitated landscapes.

"Pervious" means any surface or material that allows the passage of water through the material and into the underlying soil.

"Plant factor" or "plant water use factor" is a factor that, when multiplied by ETo, estimates the amount of water needed by plants.

"Project applicant" means the individual or entity submitting a landscape documentation package required under Section 19.22.050, to request a permit, plan check, or design permit from the city. A project applicant may be the property owner or designee.

"Record drawing" or "as-builts" means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor.

"Recreational area" means publicly owned or publicly accessible areas dedicated to active play such as parks, sports fields, and golf courses where turf provides a playing surface.

"Recycled water," "reclaimed water," or "treated sewage effluent water" means treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption.

"Reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year as represented in Section 19.22.060, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowance so that regional differences in climate can be accommodated.

"Rehabilitated landscape" means any re-landscaping project that requires a permit, plan check, or design permit, meets the requirements of Section 19.22.020, and the modified landscape area is equal to or greater than two thousand five hundred square feet, is fifty percent of the total landscape area, and the modifications are completed within one year.

"Runoff' means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope.

"Special landscape area (SLA)" means an area of the landscape dedicated solely to edible plants, areas irrigated with recycled water, water features using recycled water and areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface.

"Turf" means a species of grass that was developed to be used as a lawn together with the surface layer of earth held together by its roots.

"Water feature" means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied).

"WUCOLS" means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension, the Department of Water Resources and the Bureau of Reclamation, 2100.

(A) General Requirements and Standards.

(1) The setbacks from streets required by the schedule of zoning district regulations shall be fully landscaped except in single-family districts where parking may be permitted as specified in this title.

(2) All landscaped areas shall be protected by six-inch concrete curbing.

(3) Parking and circulation areas shall be landscaped according to the requirements of this title.

(4) The use of turf in new residential projects is limited to the rear yard.

(5) Landscaping should be used to separate parking and vehicle circulation areas from buildings, to provide a visual landscaped foreground for buildings, and to enhance the perimeter of a project.

(6) Live plant materials generally should be used in all landscaped areas. Bark should only be utilized as mulch, not as a permanent form of groundcover.

(7) Landscape planters abutting parking areas shall be sufficiently large to allow for vehicle overhang without extending into the planting area.

(B) Trees.

(1) Landscape plans for sites on major streets should include large-scale street trees, with deep root systems and broad canopies.

(2) Tree planting shall consider passive solar heating and cooling opportunities related to building orientation.

(3) Trees shall be provided in parking lot areas in a manner that provides shading of parked vehicles to the maximum extent feasible.

(4) Trees shall be properly supported. Stakes and ties on trees shall be checked regularly for correct functions. Ties shall be adjusted to avoid creating abrasions or girdling on trunks or branches.

(C) Hard Surfaces. Required planter or landscaped areas may be combined with pedestrian walks and similar hard surface areas, provided that such hard surface areas do not cover more than thirty percent of any required planter or landscaped areas. Ornamental or landscaping rock and gravel areas, artificial turf, or other areas covered with other artificial materials shall be considered hard surface areas for the purpose of this provision.

(D) Slopes.

(1) All manufactured slopes over five feet in height created by grading shall be fully landscaped utilizing a combination of trees, shrubs and groundcover materials.

(2) Stabilizing jute netting or equivalent netting shall be provided in conjunction with the landscape planting and shall fully cover lower slope areas.

(E) Installation.

(1) All landscaping and planter areas shall be installed consistent with an approved final landscape plan prior to final building permit sign-off or granting of an occupancy permit for a project.

(2) Prior to the installation of landscaping in any public right-of-way, the developer shall provide for continued maintenance until such areas are accepted by the city or as defined in a subdivision improvement agreement.

(F) Maintenance. Required landscaped areas shall be continually maintained in good condition and kept clean and weeded. Good maintenance shall be interpreted to include: watering and maintaining water efficiency, weeding, pruning, insect and disease control, and replacement of plant materials and irrigation equipment as needed to preserve the health and appearance of plant materials.

(A) The conceptual landscape documentation plan, submitted as part of the discretionary application, shall include the following:

(1) Project information:

(a) Date;

(b) Project applicant;

(c) Project address (if available, parcel and/or lot number(s));

(d) Total landscape area (square feet);

(e) Water supply type (e.g., potable, recycled, well);

(f) Landscape requirements identified in Sections 19.22.040 and 19.22.060;

(g) Project contacts to include contact information for the project applicant and property owner.

(2) Water-efficient landscape worksheet in Section 19.22.060:

(a) Hydrozone information table;

(b) Water budget calculations:

(i) Maximum applied water allowance (MAWA),

(ii) Estimated total water use (ETWU).

(3) Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site.

(4) The use of turf in new residential projects is limited to twenty-five percent of the rear yard of each home.

(5) On nonresidential projects, turf is not allowed on slopes greater than twenty-five percent where the toe of the slope is adjacent to an impermeable hardscape and where twenty-five percent means one foot of vertical elevation change for every four feet of horizontal length (rise divided by run x 100 = slope percent).

(6) Total irrigated areas specified as turf shall be limited to a maximum of twenty-five percent with recreational areas exempted.

(7) Turf is prohibited in street medians, traffic islands or bulb outs of any size.

(8) A landscape design plan for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per California Public Resources Code Section 4291(a) and (b). Avoid fire-prone plant materials and highly flammable mulches.

(9) Those species identified by CAL-IPC as invasive in the San Francisco Bay Area shall not be specified.

(10) Landscape plans shall bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the California Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agriculture Code.)

(A) A project applicant shall complete the water-efficient landscape worksheet which contains two sections:

(1) A hydrozone information table for the landscape project.

(2) A water budget calculation for the landscape project. For the calculation of the maximum applied water allowance and estimated total water use, a project applicant shall use the ETo values from the table below:

* The values in this table were derived from:

(1) California Irrigation Management Information System (CIMIS);

(2) Reference Evapotranspiration Zones Map, University of California, Davis - Dept. of Land, Air & Water Resources and California Dept. of Water Resources 1999;

(3) Reference Evapotranspiration for California, University of California, Davis - Department of Agriculture and Natural Resources (1987) Bulletin 1922;

(4) Determining Daily Reference Evapotranspiration, Cooperative Extension University of California, Davis - Division of Agriculture and Natural Resources (1987), Publication Leaflet 21426.

(B) Water budget calculations shall adhere to the following requirements:

(1) The plant factor used shall be from WUCOLS. The plant factor ranges from 0 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants.

(2) All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone.

(3) All special landscape areas shall be identified and their water use calculated as described below.

(4) ETAF for special landscape areas shall not exceed 1.0.

(C) Maximum Applied Water Allowance. The maximum applied water allowance shall be calculated using the equation:

MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)]

(D) Estimated Total Water Use. The estimated total water use shall be calculated using the equation below. The sum of the estimated total water use calculated for all hydrozones shall not exceed MAWA.

Where:

ETWU = Estimated Total Water Use per year (gallons)

ETo = Reference Evapotranspiration (inches)

PF = Plant Factor from WUCOLS (see Section 491)

HA = Hydrozone Area [high, medium, and low water use areas] (square feet)

SLA = Special Landscape Area (square feet)

0.62 = Conversion Factor

IE = Irrigation Efficiency (minimum 0.71)

(A) The installation of recycled water irrigation systems shall allow for the current and future use of recycled water, unless a written exemption has been granted as described in subsection B.

(B) Irrigation systems and decorative water features shall use recycled water unless a written exemption has been granted by the city stating that recycled water meeting all public health codes and standards is not available and will not be available for the foreseeable future.

(C) All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and state laws.

(D) Landscapes using recycled water are considered special landscape areas. The ET adjustment factor for special landscape areas shall not exceed 1.0.

All landscape plans shall conform to Chapter 14.28 Stormwater and Pollution Discharge Control Program.

(A) Purpose. The purpose of these sign regulations is to:

(1) Encourage the effective use of signs as a means of communication in the city while avoiding visual clutter;

(2) Maintain and enhance the aesthetic environment and the city's ability to attract sources of economic development;

(3) Protect and improve pedestrian and traffic safety;

(4) Minimize the possible adverse effect of signs on nearby public and private property; and

(5) Enable the fair and consistent enforcement of these sign restrictions and implement the goals and policies of the general plan and further the purposes of the zoning ordinance.

(B) Intent. The intent of this chapter is to:

(1) Establish a permit system to allow a variety of types of signs in commercial and industrial districts, and a limited variety of signs in other districts, subject to the standards and the permit procedures of this chapter;

(2) Allow certain signs that are small, unobtrusive, and incidental to the principal use of the sites on which they are located, subject to the substantive requirements of this chapter, but without a requirement for permits;

(3) Prohibit all signs not expressly permitted by this chapter;

(4) Abate nonconforming signs; and

(5) Provide for the enforcement of the provisions of this chapter.

A sign may be constructed, erected, placed, established, painted, created or maintained in the city only in conformance with the standards, procedures, exemptions and other requirements of this chapter.

Words and phrases used in this chapter shall have the meanings set forth in this section. Words and phrases not defined in this section but defined elsewhere in this title shall be given the meanings set forth in this title. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise.

"Abandoned sign" means a sign that was legally erected, but whose use has ceased, has not been used to identify an ongoing business, product, or service available on-site, or the structure upon which the display is placed has been abandoned or not maintained for a period of ninety days or more.

"A-frame sign" means a freestanding sign usually hinged at the top, or attached in a similar manner, and widening at the bottom to form a shape similar to the letter A. Such signs are usually designed to be portable, hence they are not considered permanent signs.

"Alteration" means any change of copy, sign face, color, size, shape, illumination, position, location, construction or support of any sign or advertising device.

"Animated sign" means any sign that uses movement or change of lighting to depict action or create a special effect or scene, or gives the visual impression of such movement.

"Ancillary sign" means secondary or subordinate signage. See "Incidental sign."

"Architectural element" means an integrated component of the design of a building, including walls, windows, entryways, rafters, roofs, neon bands and other physical components.

"Awning sign." See "Canopy sign."

"Balloon" means a flexible, nonporous bag or similar object capable of being filled with air or gas such as helium. See also "Inflatable sign."

"Banner" means any sign intended to be hung either with or without frames, possessing characters, letters, illustrations or ornamentations applied to paper, plastic or fabric of any kind. National flags, flags of political subdivision, and symbolic flags of any institution or business are not considered to be banners.

"Beacon" means any light with one or more beams directed into the atmosphere or directed at one or more points not on the same site as the light sources; also, any light with one or more beams that rotate or move.

"Bench sign" means a sign located on any part of the surface of a bench or seat placed on or adjacent to a public right-of-way.

"Billboard" means a sign structure advertising an establishment, merchandise, service or entertainment, which is not sold, produced, manufactured or furnished at the property on which the sign is located (also known as an off-site sign).

"Cabinet sign" is a geometrically-shaped sign consisting of a rigid frame, which supports sign face panel(s) and/or a background constructed of plastic or similar material, and which may have an internal light source.

"Canopy sign" means a sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.

"Changeable copy sign" means a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign.

"Channel letters" mean individual letters or figures, illuminated or nonilluminated affixed to a building or freestanding sign structure.

"Colonial post" means a temporary real estate sign constructed of a single vertical post, not to exceed six feet, with a horizontal crossbar from which a real estate identification sign is suspended.

"Commercial center" means a commercial development consisting of two or more businesses. The businesses may be in individual buildings or clustered in multiple buildings.

"Commercial message" means any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service or other commercial activity.

"Construction sign" means any structure, housing, device, figure, statuary, painting, display, message placard, or other contrivance, or any part thereof, which is designed, constructed, created, engineered, intended or used to advertise or to provide data or information on the nature of advertising for any of the following purposes: to designate, identify or indicate the name of the business of the owner or occupant of the premises upon which the advertising display is located; or, to advertise the business conducted, services available or rendered, or the goods produced, sold, or available for sale, upon the property where the advertising display is erected.

"Damaged sign" or "sign in disrepair" means any sign which has sustained physical damage or deterioration by intentional or unintentional means or through normal exposure to the elements over time.

"Design standards" mean detailed descriptions of prescribed sign type, size, illumination, location, construction, materials, text, font, and colors for a commercial center or specific site.

"Directional sign" means a sign that is limited to directional messages, principally for pedestrian and vehicular traffic, such as "no parking," "entrance," "loading only," "telephone," and other similar directives, and contains no commercial message of any kind.

"Director" means the community development director for the city of American Canyon or his or her duly authorized representative.

"Directory sign" means a sign for listing the tenants or occupants of their suite numbers of a building center.

"Double-sided sign" means a single structure designed with the intent of providing copy on both sides.

"Drive-through signage" includes any signs associated with a drive-through feature of a development, including, but not limited to, menu boards, height clearance bars, directional signage, and speaker boxes.

"Eave line" means the bottom of the roof eave or parapet.

"Electronic message board sign" means any sign that uses changing lights to form a sign message or messages wherein the sequence of messages and their rate of change is electronically programmed and can be modified by electronic processes.

"Flag" means any fabric, banner or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision or other entity.

"Flashing sign" means any sign which contains or is illuminated by lights which are intermittently on and off, and change the intensity or create the illusion of flashing in any manner.

"Freestanding sign" means a sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.

"Fuel price sign" means a permanent sign subject to state regulation, usually of a monument type, containing the prices and grades of fuel for sale at an automobile service station.

"Future facility sign" means a temporary sign denoting sale, lease, rental of a site that is under construction, or future use of a site or building.

"Garage sale sign" means a temporary sign announcing the limited sale, from a private resident, of goods, furniture, clothing, or similar articles.

"Government official signage" means a sign displaying information pertaining to services offered by city, county, state, or other official government agencies.

"Hanging sign" means a sign hanging from a building canopy, arcade, or other structural member.

"Holiday lighting" means strings of lights not permanently mounted to a rigid background between the week of Thanksgiving and January 12th.

"Human sign" means any person, live or simulated, attempting to attract the attention of a motorist by: (1) wearing a costume or uniform; (2) holding a sign or prop; or (3) making physical gestures.

"Identification sign" means, generally, any sign that identifies the business, service, or specific type of land use.

"Illegal sign" means any of the following: a sign erected without first complying with all ordinances and regulations in effect at the time of its construction and erection or use; a sign that was legally erected which later became nonconforming as a result of the adoption of a chapter; a sign which is a danger to the public or is unsafe; a sign which is a traffic hazard not created by relocation of streets or highways or by acts of the city or county.

"Incidental sign" means sign intended for informational purposes as opposed to commercial or advertising purposes. Typically smaller in size, examples of incidental signs include parking signs, restroom signs and entrance and exit signs. See "Ancillary sign."

"Incidental window/door sign" means incidental signs displaying business information (hours of operation, menus, credit card placards, phone number, or other nonprofit activities, etc.) and which do not constitute advertising.

"Inflatable sign" means a sign made of flexible material or fabric that is made to take on a three-dimensional shape (to blow up like a balloon) when filled with a sufficient volume of air or gas. Commonly used as a temporary sign for special events or promotions. See also "Balloon."

"Interior sign" means a sign located more than three feet inside of a building (not a window sign).

"Kiosk" means an off-premises sign used for directing people to the sales office or models of a residential subdivision project.

"Logo" means a name, symbol, or registered trademark of a company, business or organization.

"Lot" means any piece or parcel of land or a portion of a subdivision, the boundaries of which have been established by some legal instrument of record that is recognized and intended as a unit for the purpose of transfer of ownership.

"Marquee" means any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.

"Marquee sign" means any sign attached to, in any manner, or made a part of, a marquee.

"Mobile sign" means signs attached to or painted on vehicles used for the purpose of transporting personnel or goods as part of the day-to-day operations of a business. A sign attached to or printed on a vehicle not used for this purpose is considered a portable sign.

"Monument sign" means an independent structure supported from grade to the bottom of the sign with the appearance of having a solid base.

"Motion picture theater marquee" means a marquee associated with a building containing a motion picture theater (see "Marquee" and "Marquee sign").

"Multitenant" means a building occupied by more than one business or organization.

"Municipal services sign" means any sign specifically sanctioned by the city council that serves a directional or informational purpose. Examples include decorative holiday banners on street lights and civic events such as a Fourth of July parade.

"Mural" means a display or illustration painted on a building or wall within public view.

"Neon band" means a neon light tube used to accent the lines of a sign or building, which follows the building form of the structure.

"Neon sign" means any glass tube lighting in which a gas and phosphors are used in combination to create a colored sign.

"Nonconforming sign" means a permanent sign legally erected, established and maintained in conformance with the applicable ordinances at the time of original installation, but which does not conform to the number, size, placement, or other physical requirements of this chapter.

"Noncommercial sign" means a temporary banner sign located on private property that does not propose a commercial transaction and may not advertise a business.

"Off-site sign" means any sign which advertises or informs in any manner businesses, services, goods, persons or events at some location other than that upon which the sign is located. Off-premises sign and off-site sign are equivalent terms.

"On-site sign" means any sign which directs attention to an occupancy, business, service or activity conducted, sold or offered upon the premises where the sign is located.

"Painted sign" means any sign which consists of paint or a similar substance applied directly to a building surface, such as a wall, window, rafter, canopy support, or applied directly to the surface of a sign face or structure.

"Parapet" means an architecturally integrated low wall, railing, or screen to protect the edge of a building's platform or roof.

"Pennant" means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.

"Pole sign" means any sign which is elevated from grade by one supporting member, pole or structure higher than one foot mounted in or upon the ground and independent of support from any building.

"Political signs" mean signs erected prior to an election to advise or identify a candidate, campaign issue, election proposition, or other related matters.

"Portable sign" means any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames upon approval of a sign permit; menu and sandwich board signs; balloons used as signs; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless the vehicle is used in the normal day-to-day operations of the business.

"Premises" mean any building, property or other area upon which business is conducted in the city of American Canyon including the parking area provided for customers.

"Primary business façade" means the width of the exterior wall of a business most exposed to public view.

"Projecting sign" means a sign affixed to a building or wall in such a manner that its leading edge extends in a perpendicular manner more than twelve inches beyond the surface of such building or wall.

"Public right-of-way" means any area of real property dedicated to or owned in fee by the city or the public or any other public body, or over which the city or the public or any other public body holds an easement for public street, alley, sidewalk, pedestrian, equestrian, or public utility purposes which is within the city boundaries excluding areas of real property which are on, or adjacent to, the side or rear yard of any parcel or any area within the curtilage of any parcel.

"Pylon sign" means a sign with visible support structure or with the support structure enclosed with a pole cover.

"Raceway" means an enclosed conduit that forms a physical pathway for electrical wiring.

"Revolving sign" means a sign, which all or a portion of, may rotate either on an intermittent or constant basis.

"Roof sign" means any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.

"Roof sign, integral" means a sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches.

"Seasonal decorations" means any lights, signs, or accessories which are applied or installed on a temporary basis for the purpose of acknowledging holidays or seasons, but not for advertising.

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

"Sign area." See Section 19.23.080 of this chapter.

"Sign copy" means any words, letters, numbers, figures, designs or other symbolic representations incorporated into a sign.

"Sign face" means the surface, or that portion that is visible from a single point as a flat surface or a plane, and considered as such, together with the frame and the background.

"Sign feature" means a unique, artistic, two- or three-dimensions image reflective of a company's use, product or service.

"Sign height" means the written dimension of a sign as computed by Section 19.23.080 of this chapter.

"Single tenant building" means a building occupied by a single business or organization.

"Site" means contiguous parcels that are linked by shared access and parking. Site also applies to contiguous parcels that share a sign program.

"Snipe sign" means any sign, usually found off-site (except campaign signs), made of cloth, paper, cardboard, poster material, plastic, metal or other material affixed to or upon fences, posts, trees, buildings, people, or other structures or surfaces.

"Special event sign" means a temporary sign used to publicize a special event, such as a grand opening, charitable or civic event, or promotional sales for a period no longer than thirty consecutive days and not more than twice a year on the same parcel. Special event signs require the approval of the community development director for conformance to the city's zoning ordinance prior to installation.

"Special sign district" means a specific geographic area that possesses a unique identity and warrants a cohesive sign program that defines the area as a distinctive economic district (i.e., commercial zone properties adjacent to Highway 29, and/or industrial zone properties).

"Stake sign" means any sign supported by stake-like structures or supports that is placed on, or anchored in, the ground and that is independent of any building or other structure.

"Street" means a strip of land or way subject to vehicular traffic (as well as pedestrian traffic) that provides direct or indirect access to property, including, but not limited to, highways, alleys, avenues, boulevards, courts, drives, highways, lanes, places, roads, terraces, trails, or other thoroughfares.

"Street frontage" means the distance for which a lot line of a lot adjoins a public street, from one lot line intersecting the street to the furthest distance lot line intersecting the same street.

"Subdivision sales and model home directional sign" means a sign within a residential tract or a main street entrance providing direction to a residential land development project.

"Suspended sign" means a sign that is suspended from the underside of a canopy, eave or marquee and is supported by such surface.

"Temporary sign" means any sign that is used only temporarily and is not permanently mounted, such as signs to promote the sale of new products, new management, new hours of operation, a new service, or a special sale.

"T-frame sign" means a portable sign constructed of wire and paper not permanently attached to the ground or other permanent structure that resembles a T shape due to the exterior wire frame.

"Travel directory sign" means a sign to inform the motorist as to the route or direction to travel in order to arrive at the residential subdivision development project for sale or rent to which it pertains. See "Kiosk sign."

"Vehicle sign" means a sign which is attached to or painted on a vehicle which is parked on or adjacent to any site, the principal purpose of which is to attract attention to a product sold or an activity or business located on such site.

"Wall sign" means a sign attached parallel to, but within six inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.

"Window sign" means any sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed within three feet inside a window or upon the window panes or glass and is visible from the exterior of the window.

In addition to those signs exempt from regulation pursuant to city code Section 19.23.050, political signs as defined by city code Section 19.23.030 shall also be exempt subject to compliance with all of the rules and all of the regulations set forth in subsection A of this section.

(A) Regulations. The placement or installation of political signs in the city shall in all respects comply with the following:

(1) No political signs shall be installed or displayed sooner than one hundred and twenty days preceding the election for which the sign is intended;

(2) No political sign shall be lighted either directly or indirectly;

(3) No political sign shall be placed on private property, vacant or otherwise, without the permission of the owner of the property;

(4) No political sign shall be posted on any public property or in the public right-of-way;

(5) No political signs shall be posted in violation of any other provisions of the municipal code;

(6) All political signs shall be removed within ten days and recycled by the department of public works after the date of the election except that a sign on behalf of a candidate who is successful in a primary election may be retained for the general election. Removal of political signs shall be the responsibility of the property owner;

(7) No political sign may be placed within twenty-five feet of any existing commercial or non-profit sign on any one property;

(8) The city manager and/or designee shall have the right to immediately remove all signs which obstruct visibility on city streets or which constitute a traffic hazard not created by relocation of streets or highways or by acts of any city or county or could contribute to a dangerous condition of public property consistent with the procedures for removal of hazardous political signs under subsection (A)(10) of this section;

(9) The city manager and/or designee shall have the right to remove all signs placed contrary to any provisions of this section consistent with the procedures for removal of non-conforming political signs under subsection (A)(11) of this section;

(10) When it is determined that the sign in question poses an imminent safety hazard or dangerous condition, such sign may be removed immediately and stored by the city manager and/or designee. As soon as possible following removal, the owner, if known, shall be given a notice of violation and the right to a hearing by requesting such hearing within five days of receipt of the notice of removal. The hearing shall be held before the city manager or designee within ten days of receipt of the written request for the hearing. The owner and the city shall be permitted to present evidence and cross examine each other's witnesses. At the conclusion of the hearing, the city manager or designee shall prepare a written decision. This decision shall be delivered to the owner personally or by certified mail within ten days of the hearing. The city manager's and/or designee decision shall be final. If the owner establishes such removal to be improper, the owner shall be entitled to a return of the signs without charge. In all other cases the sign will be returned to the owner only upon payment of removal and storage costs. If the sign is not claimed within thirty days after the decision becomes final, the sign may be destroyed. In addition to other remedies hereunder, the city shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign;

(11) The city manager or designee shall remove or cause the removal of any political sign constructed, altered or maintained in violation of this section. Such removal may occur fifteen days after the date of mailing of registered or certified written notice to the owner of the sign, if known, at the last known address or to the owner of the property as shown on the latest assessment roll, or to the occupant of the property at the property address. The notice shall describe the sign and specify the violation involved, and indicate that the sign will be removed if the violation is not corrected within fifteen days. If the owner disagrees with the opinion of the city manager, the owner may, within the fifteen-day period, request a hearing before the city manager to determine the existence of a violation. At the conclusion of the hearing, the city manager or designee shall prepare a written decision. This decision shall be delivered to the owner personally or by certified mail within ten days of the hearing. The city manager's decision shall be final. In addition to other remedies hereunder, the city shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign;

(12) The city council shall from time to time establish procedures by resolution providing for forfeitable deposits by candidates posting political signs within the city.

(B) Unauthorized Removal of Political Signs. No person shall remove, destroy, relocate, or otherwise disturb any political sign without the permission of the party who erected the sign. It shall be presumed, as to signs for political candidates, that the political candidate or his or her representative is the party who erected the sign. It shall further be assumed that the committee who has registered with the Secretary of the State to support a position on a ballot proposition is the party who erected the sign taking the position on a ballot measure. Nothing in this subsection shall prohibit the owner of real property, or his or her authorized representative, from removing a sign from his or her property when the political sign has been erected without his or her consent; and provided, further, nothing in this subsection shall prevent the director of public works or his or her authorized representatives from taking action to abate sign violations pertaining to political signs pursuant to Section 19.23.140 of this chapter.

The following signs shall be exempt from regulation under this chapter:

(A) Any government official sign, public notice or warning required by a valid and applicable federal, state or local law, regulation or ordinance, including, but not limited to, street signs, directional signs, mileposts, mile boards, guide boards or guideposts, warning signs, notices or sign;

(B) Painting, cleaning, exact replacement and normal maintenance and repair of a sign;

(C) Any sign inside a building, not attached to a window or door, and not legible from a distance of more than three feet beyond the lot line of the lot or parcel on which such sign is located;

(D) Signs located within malls, courts, arcades, porches, patios and similar areas where such signs are not visible from any point on the boundary of the site. Such signs are not, however, exempt from structural, electrical or material specifications as set forth in the Uniform Building Code;

(E) Holiday lights and decorations with no commercial message placed no more than six weeks prior to, and ten days after the associated holiday;

(F) Traffic control signs on private property with messages, such as "Stop," "Yield," and similar sign, the face of which meet California Department of Transportation standards and bear no commercial message;

(G) Commemorative plaques of recognized historical societies and organizations;

(H) Signs on vehicles that provide public transportation, including, but not limited to, buses and taxicabs;

(I) Signs on licensed commercial vehicles, including trailers that are painted on the vehicle or attached to its doors; provided, however, that such vehicles are not utilized as parked or stationary outdoor display signs;

(J) One sign attached to and parallel to the front of a building or occupant entrance of up to two square feet in sign area, that contains no commercial message;

(K) One sign per residential unit not exceeding four square feet or three feet in height;

(L) One unlighted real estate sign post per residential unit, not exceeding twelve and one-half square feet in sign area cumulative for all signs displayed on the sign post and no more than five feet in height;

(M) Directional signs for directing prospective buyers to property offered for sale not exceeding four square feet in area and three feet in height. Such assigns shall be located outside of any public right-of-way and may be displayed for up to forty-eight hours;

(N) Flags of the United States, state of California, city of American Canyon and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction flown from a pole the height of which is no more than the maximum permitted height for structures in the applicable zoning district. Any flag not meeting any one of these conditions shall be considered a banner sign and shall be subject to regulation as such;

(O) Notwithstanding any provisions in this chapter to the contrary, no commercial or special event signs will be allowed on public property or the public right-of-way except road signs, such as, but not limited to, directional, warning or information signs or structures required or authorized by law or the federal, state, county or city authority, or necessary for the ordinary operation of the city or other state or federal agencies, or necessary for the maintenance of the public safety or welfare.

All signs not expressly permitted or exempt from regulation under this chapter are prohibited. Prohibited signs include, but are not limited to:

(A) Abandoned signs;

(B) Animated, moving and flashing signs;

(C) Beacons;

(D) Damaged signs;

(E) Flashing signs;

(F) Human signs;

(G) Illegal signs, as defined in this chapter;

(H) Inflatable signs and tethered balloons, except as allowed in this chapter;

(I) Loudspeakers or signs which emit sound, odor, or visible matter, except as provided for within this chapter;

(J) Off-site subdivision directional signs except as may be approved under a sign program;

(K) Off-site signs identifying a use, facility or service other than those that may be expressly permitted by this chapter;

(L) Roof signs;

(M) Strings of lights not permanently mounted to a rigid background, except those exempt by this chapter;

(N) Windblown devices, such as pennants, streamers, balloons, and permanent banners, or as expressly exempt by this chapter;

(O) Monument signs with a translucent face;

(P) Signs with exposed or exterior raceways;

(Q) T-frame signs.

The following procedures shall govern the application for, and the issuance of, all sign permits under this chapter:

(A) Permit Not Required. Signs that are regulated by this chapter but that do not require a permit include the following:

(1) A-frame sign;

(2) Construction sign;

(3) Directional sign;

(4) Future facility sign;

(5) Garage sale sign;

(6) Holiday lighting sign;

(7) Incidental sign;

(8) Interior sign;

(9) Mobile sign;

(10) Real estate: residence for sale, open house identification (on-site), open house directional (off-site), garage/yard sale identification (on-site), garage/yard sale directional (off-site), sales/rental/leasing office identification and ancillary signs (neighborhood watch, etc.);

(11) Temporary subdivision and model home identification and directional sign;

(12) Window sign.

(B) Permit Required. The following procedures shall govern the application for, and issuance of all sign permits under this chapter, and the submission and review of sign programs.

(C) Permit Applications. All applications for sign permits and for approval of a sign program shall be submitted to the community development department on forms specified by the community development director. An application shall be accompanied by any fee established by the city council.

(1) Such applications shall be accompanied by detailed drawings to show the dimensions, design, structure, and location of each particular sign, to the extent that such details are not contained on a sign program in effect for the lot, along with such other information needed for the director or planning commission to determine compliance with the provisions of this chapter. One application and permit may include multiple signs on the same lot or in the same project.

(2) If plans submitted for a zoning clearance, development plan or conditional use permit include sign plans in sufficient detail that the permit-issuing authority can determine whether the proposed sign or signs comply with the provisions of this chapter, then issuance of the requested clearance, plan or permit may constitute approval of the proposed sign(s) or signage plan if so stipulated.

(D) Review Authority. Sign permits and sign programs shall be reviewed and approved, conditionally approved, or denied by the director, except for the following, which shall be decided upon by the planning commission:

(1) Freestanding signs that exceed eight feet in height;

(2) Sign programs for projects of two acres or more;

(3) Kiosk sign program for off-site subdivision directional signs;

(4) Individual signs exceeding forty square feet in area;

(5) Signs of unique design, character, and/or merit which are determined by the director to require special consideration;

(6) Electronic reader boards, as defined herein, may be permitted upon approval of a use permit in each case. All messages or images shall be faded in and out only and any message or image must be scrolled rather than flashed, and otherwise conform to this chapter;

(7) Referrals from the director;

(8) Appeals of community development director decisions.

(E) Decision of the Community Development Director. The community development director or designee shall accept and review sign applications for conformance with this chapter. Applications shall be referred to other departments as appropriate to provide opportunity for comments. If, after reviewing the application and receiving comments it is determined that the proposed application complies with provisions of this chapter, the community development director shall issue a permit to install the sign.

(F) Required Findings by Planning Commission. Approval of a sign permit or sign program may be granted by the planning commission only if all of the following findings are made:

(1) The application complies with all applicable provisions of this chapter and any applicable approvals granted for the project by any decision-making authority.

(2) The application complies with any applicable design guidelines, plans and policies adopted by the planning commission or city council.

(3) The application complies with any sign program in effect for the property.

(G) Assignment of Sign Permits. A valid sign permit shall be freely assignable to a successor as owner of the property or holder of a business license for the same premises.

(H) Additional Permits. Building, electrical and fire permits shall be obtained for signs as required by federal, state and local laws.

The following principles shall control the computation of sign area and sign height.

(A) Height of a Sign. The height of a sign shall be computed by measuring the vertical distance from the midpoint, or average ground level, along the base of the sign structure, excluding any berming, to the highest point of the structure.

(B) Maximum Total Wall Sign Area. The maximum total wall sign area allowed for a building or tenant shall be based on the lineal frontage (based on total horizontal width of business, exclusive of any jogs or variation to wall plane) of the business façade. A portion of this total sign area may be allocated to one or more secondary façades. If a business faces both Highway 29 and an arterial road, the signage for the wall facing the arterial road may be calculated separately under the wall signage ratio established for businesses without Highway 29 frontage.

Figure 19.23.080

Computation Examples

(C) Distinct Border or Boundary. For signs with a distinct border or boundary, the sign area shall be computed by multiplying the length times the width of the entire surface within the border, boundary, sign board, or sign face.

(D) No Distinct Border or Boundary. For signs with no distinct border or boundary, the sign area shall be calculated by computing the area of a simple rectilinear figure, consisting of not more than eight perpendicular lines, which contains all of the writing, representation, emblem, or other display on such sign.

(E) Double-Sided Sign. The sign area of signs which have two identical faces, arranged back to back in parallel planes, shall be computed for one side only provided that the two sign faces are no more than eighteen inches apart.

(F) Multiple-Sided Sign. Signs which have more than one side and are not double-sided signs have a sign area as computed for all sides.

(G) Including Sign Structure or Support. Where a sign structure, support or other sign feature is designed in such a manner to make the sign more noticeable or appear larger (such as backlighting of an entire awning), as determined by the director or commission, the area of the structure or support shall be included in the sign area.

Permitted methods of illumination may be divided into several types as described below. All signs shall be engineered in compliance with applicable portions of the building and electrical codes. All electrical service to ground mounted signs shall be placed underground. Electrical service to all signs shall be concealed from public view.

(A) Indirect Illumination. The sign has neither an internal light nor an external source, which is intended to specifically light that sign. Rather, the sign depends on the general lighting of the area (e.g., parking lot, traffic or pedestrian areas) for illumination.

(B) Internal Message. The sign face is made of metal, wood or other material that is not translucent, and the message is cut out of the material and replaced with a translucent material. The sign's light source is located inside the sign.

(C) Externally Lit Signs. Spotlights specifically directed at it lights the sign. The spotlights shall be fully shielded so that they are not visible from roads or adjoining property.

(D) Internally Illuminated Channel Letter Sign. Individual letter or figures affixed to a building or freestanding sign structure with the illumination source covered by a translucent material.

All signs shall be designed, constructed, and maintained in accordance with the following standards:

(A) All signs shall be consistent with any adopted design guidelines.

(B) All signs shall comply with applicable provisions of the city's building and electric codes.

(C) Except for banners, flags, temporary signs and window signs, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure.

(D) Banners, canopies, suspended signs and flags shall maintain a vertical clearance of nine feet from any sidewalk, private driveway or parking area.

(E) The illumination of a sign within three hundred feet of and visible from a residential district, measured along the radius of a one hundred eighty degree arc extending from a sign face, shall be the minimum necessary to provide readability.

(F) All signs shall be maintained in good structural condition, and in conformance with this chapter.

The purpose of a sign program is to integrate signs with building and landscaping design to form a unified architectural statement. No permit shall be issued for an individual sign within a center where a sign program has been established until it has been determined consistent with the applicable program.

A sign program shall be required for:

1. All new commercial, office and industrial centers consisting of three or more tenant spaces;

2. A property owner(s) may also have the option of filing a sign program application for an existing multi-tenant building or buildings;

3. Contiguous parcels that do not share driveway access and parking;

4. A kiosk sign program;

5. Community/neighborhood project identification;

6. A special sign district.

(A) Application. For any lot, site or building on which the placement of one or more signs requires a sign program the owner, developer or leasing agent shall submit to the director the following:

(1) An accurate plot plan of the lot(s), at such scale as the director may reasonably require, showing the locations of pertinent buildings, parking lots, driveways, and landscaped areas on such lot(s);

(2) Locations and dimensions of all existing and proposed signs, including the height of monument and freestanding signs. Window signs may be shown by indicating the window areas to be covered by signs and the general type of materials to be used; the exact dimension or nature of every window sign need not be specified;

(3) Exhibits showing the design, materials, colors and method of lighting for all signs;

(4) The sign program shall specify standards for consistency among all signs on the lots affected by the plan with regard to location, sign proportions, materials, color schemes, lettering and graphic styles, and lighting;

(5) If any new or amended sign program is filed for a site on which existing signs are located, it shall include a schedule for bringing into conformance, within one year, all signs not conforming to the proposed new or amended plan or to the requirements of this chapter in effect on the date of submission.

(B) Sign programs approved by the planning commission include commercial centers containing five acres or more, kiosk sign programs, community/neighborhood project identification signs, and special sign districts. Sign area and heights may be greater than those specified in Table 19.23.120 as may be determined by the sign program subject to the findings set forth in Section 19.23.070(F).

(C) Sign Programs for Contiguous Parcels. Owners of contiguous parcels may propose a sign program approved by the planning commission to link their properties with coordinated signage. Sign area and heights may be greater than those specified in Table 19.23.120 as may be determined by the sign program subject to the findings set forth in Section 19.23.070(F).

(D) Kiosk Sign Program. Subdivision directional signs and commercial signs may be permitted under a kiosk sign program as approved by the planning commission. The commission review will include size, height, design, materials and colors of proposed kiosk, along with locations and maximum number of kiosk signs within the city. In addition, the following standards are applicable:

(1) The panel and sign structure design shall be in accordance with this chapter.

(2) No kiosk sign structure shall be located less than three hundred feet from an existing or previously approved kiosk site except in the case of signs on different corners of an intersection.

(3) All kiosk signs shall be placed on private property with written consent of the property owner.

(4) A kiosk sign location plan shall be prepared, showing the site of each kiosk directional sign, and shall be approved by the planning commission prior to the issuance of a sign permit.

(5) There shall be no additions, tag signs, streamers, devices, display boards, or appurtenances, added to the kiosk signs as originally approved. No other nonpermitted directional signs, such as poster or trailer signs, may be used.

(6) All nonconforming subdivision kiosk directional signs associated with the subdivision in question must be removed prior to the placement of directional kiosk sign(s).

(7) The kiosk subdivision directional signs shall be removed when the homes in the subdivision are sold.

(8) No more than eight kiosk signs may be permitted at any time within the city limits.

(E) Optional Provisions. A sign program may contain such other restrictions as the owners of the lots may reasonably determine.

(F) Binding Effect. After approval of a sign program, no sign shall be erected, placed, painted or maintained, except in conformance with such plan, and any such plan may be enforced in the same way as any provision of this title. In case of any conflict between the provisions of such a plan and any other provision of this chapter, the chapter shall control.

(G) Amendment. A sign program may be amended by filing a new plan that conforms with all requirements of this chapter then in effect.

This section specifies the criteria for:

(A) Temporary signs;

(B) Signs permitted for residential uses;

(C) Signs Permitted for Nonresidential Uses. Signs shall be permitted in the City in accordance with the guidelines contained in Tables 19.23.120(A) through 19.23.120(C). In each instance and under the same conditions in which this chapter permits any sign, a sign containing any ideological, political or other noncommercial message and constructed to the same physical dimensions and characteristics shall be permitted in lieu of that sign.

(D) Any sign located on private property requires consent of the property owner.

Table 19.23.120(A)

Temporary Signs Permitted