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A.

Purpose. This chapter expands upon the zone standards of Article 2 by addressing additional details of site planning, project design, and the operation of land uses. The intent of these standards is to ensure that proposed development is compatible with existing and future development on neighboring properties, and produces an environment of stable and desirable character, consistent with the general plan and any applicable specific plan.

B.

Applicability. The requirements of this chapter shall apply to all proposed development and new land uses, except as specified in Chapter 88.54 (Nonconforming Uses, Structures, and Parcels), and shall be considered in combination with the standards for the applicable zone in Article 2 (Urban Standards) and those in Article 4 (Standards for Specific Land Uses). If there is a conflict, the standards in Article 4 shall control.

In the event archeological resources are unearthed or discovered during any construction activities, the following standards apply:

A.

Construction activities shall cease, and the department shall be notified so that the extent and location of discovered materials may be recorded by a qualified archaeologist, approved by the city, and funded by the applicant, and disposition of artifacts may be accomplished in compliance with state and federal law.

B.

In the event archeological resources are found to include human remains, or in any other case when human remains are discovered during construction, the county coroner shall be notified in addition to the department so proper disposition may be accomplished.

Each new dwelling unit within the city shall have the minimum floor area shown in the following table.

;sz=8q; Note:
Any room that can be easily used or converted to function as a bedroom will be counted as a bedroom in all instances where a Development Code standard is based on the number of bedrooms per unit.

(Ord. No. 06-O6, § 1B, 8-7-06; Ord. No. 2017-14, § 5, 12-18-17; Ord. No. 2023-04, § 3(Exh. A), 10-2-23)

A.

Applicability. The requirements of this section apply to all fences and walls within the city.

B.

Measurement of Fence and Wall Height. For the purposes of determining compliance with the fence and wall height limits of this section, fence and wall height shall be measured as follows.

Figure 3-1- Fence Height Measurement

1.

Fence height shall be measured as the vertical distance between the finished grade on the site at the base of the fence and the top edge of the fence material.

2.

The height of fencing placed on top of a wall shall be measured from the base of the wall.

3.

Where the ground elevation within six feet of the base of a fence differs from one side of the fence to the other (as when a fence is placed at the top of a slope or on a retaining wall), the height shall be measured from the side with the lowest natural grade. The combined height of the retaining wall and fence may exceed six feet with minor use permit approval, but in no case shall the combined height exceed nine feet. The retaining wall shall not exceed four feet in height, and the fence on top of the retaining wall shall not exceed six feet in height.

C.

Height Limits. Each fence, wall, and hedge shall comply with the height limits shown in Table 3-1, except as otherwise provided by subsections D. or E.

TABLE 3-1. MAXIMUM HEIGHT OF FENCES,
WALLS, AND HEDGES

Notes:

(1)

Height includes all columns, pilasters, gates, and other fencing and wall materials.

D.

Modifications to Height Limit Requirements.

1.

Circumstances Qualifying for Modification. The director may, without notice or a hearing, grant a modification to the above fence, wall, and hedge height regulations in the following instances.

a.

Where a site is occupied by an agency of the federal, state, county, or city government.

b.

Where required by any other ordinance, statute, or law.

c.

For fences, walls, or hedges located along the rear property and major or secondary highway right-of-way lines at the following locations:

(1)

West side of Citrus Avenue from Baseline Road to Foothill Center;

(2)

East side of Citrus Avenue from Armstead Street to I-210;

(3)

South and west sides of the shopping center at the southwest corner of Alosta and Citrus Avenues, abutting residential zone districts;

(4)

West side of Cerritos Avenue, from 180 feet south of Mason Street to Gladstone Street; and

(5)

North side of Gladstone Street, from Cerritos Avenue to Pasadena Avenue.

2.

Conditions for Modification in Specific Areas. In the locations allowed by subsection D.1.c, where a fence along a rear property line is less than the permitted height, additional height may be granted for fences, walls, or hedges along side property lines, provided that the side yard fence, wall, or hedge does not exceed the height of the rear yard fence, wall, or hedge. All over-height fences permitted in compliance with this subsection D. shall be subject to the following conditions.

a.

An addition to an existing fence shall be of the same material, color, and texture as the existing fence, except where the director determines that the existing fence is in deteriorating condition or consists of materials determined by the director to be inappropriate (e.g., fiberglass, plastic, etc.).

b.

All allowed fences shall be properly engineered and comply with all applicable building permit requirements and regulations.

c.

The height of the fence, wall, or hedge shall not exceed seven feet, four inches.

A written record of all modifications approved in compliance with this section shall be maintained on file in the department.

E.

Specific Fence and Wall Requirements.

1.

Fencing Between Different Land Uses. Fencing between different land uses shall be provided in compliance with subsection G. (Screening).

2.

Sport Facility and Golf Course Fencing. Fence height greater than that allowed by subsection C. may be granted as determined by the director to be appropriate for safety, based on the type of activities to be conducted within the fenced area and adjacent properties, with a design review approval.

3.

Outdoor Equipment, Storage, and Work Areas. Screening of nonresidential outdoor uses and equipment adjacent to a residential use shall be provided in compliance with subsection G. (Screening).

4.

Perimeter Walls. A perimeter masonry wall that is visible from a public right-of-way shall include articulation by providing, for every 15 feet of continuous wall, a minimum of one, 18-inch deep by three-foot long landscaped recess, or other design element including wrought iron, tile insets, or grillwork, or other articulation method approved by the review authority as being equally effective in avoiding the appearance of a monotonous wall of excessive length. A perimeter wall shall be constructed with pilasters provided at each change in direction, and at a minimum of every 25 feet of continuous wall.

5.

Retaining Walls. Any embankment to be retained that is over five feet in height shall be benched so that no individual retaining wall exceeds a height of five feet, and each bench is a minimum width of 36 inches.

6.

Swimming Pools, Spas, and Similar Features. Swimming pools/spas and other similar water features shall be fenced in compliance with California Building Standards Code requirements, regardless of the other requirements of this section.

F.

Allowed Materials. Fences and walls may be of masonry, wood, wrought iron and/or other similar materials, and/or other durable and low maintenance materials as approved by the director, except the following, which are prohibited except where otherwise required by law.

1.

Barbed, razor or concertina wire in conjunction with a fence or wall, or by itself, is prohibited in all neighborhoods, districts, and corridors, except that the director may approve the use of these materials in the DW zone (West End District), where not visible from a public or private street.

2.

Wood fences are prohibited on a site perimeter except for:

a.

A fence 42 inches or less in height and located in a required front or street side setback; or

b.

A rail fence at an equestrian facility.

c.

Up to 50 percent of an existing legal non-conforming wood fence can be repaired and or replaced.

3.

Chain link or wire mesh fencing where visible from a public right-of-way, on a site with new and/or replacement construction, or on the site perimeter of a residential use, except where otherwise required by law.

G.

Screening. This subsection establishes standards for the screening and separation of adjoining residential and nonresidential land uses, equipment and outdoor storage areas, and surface parking areas.

1.

Screening Between Different Land Uses. A commercial or industrial land use proposed on a site abutting a neighborhood zone identified by Article 2 shall provide screening at the parcel boundary as follows. Other nonresidential uses adjacent to a residential use may also be required by the review authority to comply with these requirements, except within a mixed use project (Section 88.42.120).

a.

The screen shall consist of plant materials and a solid, decorative wall of masonry or similar durable material, six feet in height (up to eight feet may be allowed in compliance with subsection B. (Height Limits). Pedestrian connections and/or other openings may be required at the discretion of the review authority.

b.

The maximum height of the wall shall comply with the provisions of subsection B. (Height limitations).

c.

The wall shall be decorative, with architectural treatment on both sides, subject to the approval of the review authority.

d.

A landscaping strip with a minimum width of five feet shall be installed adjacent to a screening wall, except that eight feet of landscaping shall be provided between a parking lot and a screening wall, in compliance with Section 88.34.050.D.3.d.

e.

The review authority may waive or approve a substitute for the requirements of this subsection G.1 if the review authority first determines that:

(1)

The relationship of the proposed uses, or physical characteristics of the site and/or adjoining parcels make the required screening unnecessary or undesirable;

(2)

The intent of this section can be successfully met by means of alternative screening methods;

(3)

Physical constraints on the site make the required screening infeasible.

2.

Mechanical Equipment, Loading Docks, and Refuse Areas.

a.

Roof or ground mounted mechanical equipment shall be screened by solid materials from public view as determined by the review authority to be feasible, from public streets, and areas zoned for residential uses that abut the site. This equipment includes air conditioning, heating, ventilation ducts, and exhaust vents, loading docks, refuse storage areas, and utility services, electrical transformers, gas meters, etc.

b.

The method of screening shall be architecturally compatible with other on-site development in terms of colors, materials, and architectural style.

c.

Replacement air conditioning and heating units and new air conditioning and heating units, not visible from the public street, may be painted instead of screened at the discretion of the zoning administrator or his designee.

3.

Outdoor Storage and Work Areas. See Section 88.42.160 (Outdoor Storage).

4.

Outdoor Building Materials and Garden Supply Areas. See Section 88.42.150 (Outdoor Display and Sales).

(Ord. No. 06-O6, § 1B, 8-7-06; Ord. No. 10-O1, §§ 5, 6, 3-1-10; Ord. No. 2015-O1, § 1, 1-20-15)

A.

Purpose. The requirements of this section implement the hazard policies and standards of the natural environment element of the general plan.

B.

Applicability. The requirements of this section apply to the location, site planning, and design of critical, sensitive, and high occupancy facilities, as defined in the general plan, and as identified in the tables of allowable land uses for each zone in Article 2 (Urban Standards).

C.

Location Requirements. No critical facility shall be located within, or within 150 feet of an identified active or potentially active fault zone, or future Alquist-Priolo Earthquake Fault Zone, and no sensitive or high occupancy facility shall be located within 100 feet of the identified active or potentially active fault zone, unless a qualified engineer determines to the satisfaction of the city, based on detailed site investigations, that a closer location will not result in undue risks.

D.

Emergency Response/Contingency Plans. Each application for city approval of a proposed critical, sensitive, and/or high occupancy facility shall include emergency response plans with contingencies for all appropriate hazards, as determined by the director.

A.

Purpose. This section describes the required methods for measuring the height of structures in compliance with the height limits established by this Development Code, and exceptions to those height limits.

B.

Maximum Height of Structures. The height of each structure shall not exceed the height limit established by Article 2 (Urban Standards) for the zone applicable to the site, except as otherwise provided by this section.

C.

Height Measurement. The maximum allowable height shall be measured as provided by Municipal Code Title 14 (Building Code).

D.

Exceptions to Height Limits. The following structures and structural features may exceed the height limits of this Development Code as determined by the review authority to be appropriate through the review of a discretionary permit application (e.g., use permit, minor use permit, variance), and as determined by the director to be appropriate through the review of a project that does nor require a discretionary permit.

1.

Architectural Features. A chimney, cupola, monument, mechanical equipment, vent, spire, theater scenery loft, or similar structural and/or architectural feature; or a tower as allowed in Article 2 (Urban Standards).

2.

Telecommunications Facilities. The height of telecommunications facilities, including antennas, poles, towers, and necessary mechanical appurtenances shall comply with Chapter 88.46 (Telecommunications Facilities).

E.

Corner Cut-Off Height Limit. A corner cut-off for sight visibility purposes shall be provided adjacent to any public or private street or alley intersection in other than a corridor, district, or neighborhood center. See Figure 3-2.

1.

Measurement of Visibility Area.

a.

Street Corners and Alleys. A corner-cut off area is a triangle defined by measuring 15 feet from the intersection of the extension of the front and side street curb lines (or the right-of-way lines where there is no curb) and connecting the lines across the property. A corner cut-off area may include private property and/or public right-of-way.

b.

Driveways.

i.

Access to streets. A corner cut-off area is a triangular area which is formed by a straight line connecting a point ten feet back of the front or side street lot line and a point which is ten feet on either side of a private driveway measured along the applicable front or side street lot line.

ii.

Access to alleys. A corner-cut off area is a triangular area which is formed by a straight line connecting a point ten feet back of the rear lot line abutting the alley and a point which is ten feet on either side of a private driveway measured along the rear lot line.

2.

Height Limit. No structure, sign, or landscape element shall exceed 42 inches in height within a corner cut-off area except as approved by the city engineer, and except for trees with their canopy trimmed to a minimum of eight feet above grade.

(Ord. No. 06-O6, § 1B, 8-7-06; Ord. No. 2015-O1, § 1, 1-20-15)

In commercial or industrial buildings, all security bars, gates, or grates covering windows, and all security bars, gates, and grates covering door openings and store fronts, shall be installed on the inside of the window, door, opening, or storefront. The installation and maintenance of these security devices shall comply with all applicable building and fire code requirements.

A.

Purpose. This section provides standards for the location, required size and allowable uses of setbacks. Setback standards provide open areas around structures for: visibility and traffic safety; access to and around structures; access to natural light, ventilation and direct sunlight; separation between potentially conflicting activities; and space for privacy, landscaping and recreation.

B.

Setback Requirements.

1.

Minimum Setbacks for All Structures. Each structure shall comply with the minimum front, interior side, side street, and rear setback requirements established by Article 2 (Urban Standards) except:

a.

Where a setback requirement is established for a specific land use by Article 4; and

b.

As otherwise provided by this section.

No portion of any structure, including eaves or roof overhangs, shall extend beyond a property line, or into an access easement or street right-of-way, except as allowed by Section 88.29.020 (Frontage Type Requirements).

2.

Maximum Setbacks for All Structures. Each structure shall be located to not exceed the front or side street setback required by Article 2 (Urban Standards), except:

a.

Where a setback requirement is established for a specific land use by Article 4; and

b.

Where a setback requirement is established for a phased mixed-use project through use permit approval, and/or through a development agreement.

3.

Exemptions from Setback Requirements. The minimum setback requirements of this Development Code do not apply to the following:

a.

An encroachment into a required setback as allowed by the building frontage and profile requirements of Article 2 for the applicable zone, or by subsection F.;

b.

A fence or wall six feet or less in height, when located outside of a front or side street setback;

c.

A deck, earthwork, step, patio, or similar structure in other than a front setback, or other site design element that is placed directly upon grade and does not exceed a height of 18 inches above the surrounding grade at any point;

d.

A sign in compliance with Chapter 88.38 (Signs)

e.

A retaining wall less than 30 inches in height above finished grade.

C.

Measurement of Setbacks. Setbacks shall be measured as follows, except that the director may require different setback measurement methods where the director determines that unusual parcel configuration makes the following infeasible or ineffective. See Figure 3-3.

Figure 3-3 - Location and Measurement of Setbacks

1.

Front Setback. A front setback shall be measured at right angles from the nearest point on the public right-of-way at the front of the parcel (or edge of access easement on a private street) to the nearest point of the wall of the structure (or column supporting a covered porch, gallery, or arcade), except as follows. On a corner lot, the front property line is the most narrow dimension of a lot adjacent to a street.

a.

Developed Residential Block. In a block where 50 percent or more of the parcels along the block face have been improved with structures, the required front setback for a new structure shall be the greater of the following:

(1)

The minimum front setback required by Article 2 (Urban Standards); or

(2)

The average of the actual front setbacks of the existing structures along the same block face.

b.

Mapped Street with Future Improvements. If the city has established a plan that identifies a right-of-way for the future construction of a new street or the widening of an existing street, a required front or side street setback shall be measured from the line shown on that plan.

c.

Flag Lot. Flag lots are prohibited within the city, except where no other feasible subdivision alternative exists, and the use of a flag lot is authorized by use permit approval. Flag lots require a minimum of 15-foot wide street frontage and the flag lot area and minimum frontage width shall not include the access street.

d.

Corner Lots. The front setback shall be measured from the nearest point of the wall of the structure to the nearest point of the most narrow street frontage property line. If the property lines on both street frontages are of the same length, or for an irregularly shaped corner lot, the property line to be used for front setback measurement shall be determined by the director.

e.

Landlocked Parcel. The front setback on a parcel that has no access to a public street except by way of an easement across another parcel shall be measured at right angles to the property line most nearly parallel to the street to which the parcel has access. A structure proposed on a landlocked parcel need not comply with the maximum allowable front setback requirements established by Article 2 (Urban Standards).

2.

Side Setback. See Figure 3-3.

a.

Interior Side Setback. The side setback shall be measured at right angles from the nearest point on the side property line of the parcel to the nearest point of the wall of the structure; establishing a setback line parallel to the side property line, which extends between the front and rear setbacks.

b.

Side Street Setback. The side setback on the street side of a corner parcel shall be measured from the nearest point on the side property line bounding the street, or the edge of an easement for a private road, or the inside edge of the sidewalk, or a planned future right-of-way established as described in subsection C.1.b, whichever results in the greatest setback from the existing or future roadway.

3.

Rear Setback. The rear setback shall be measured at right angles from the nearest point on the rear property line to the nearest line of the structure, establishing a setback line parallel to the rear property line. See Figure 3-3.

a.

Through Lot. Structures on a through lot that is improved as a single building site shall be set back from both street lot lines by the distance required by Article 2 for the front setback.

b.

No Rear Lot Line. Where a parcel has no rear lot line because its side lot lines converge to a point, an assumed line five feet long within the parcel, parallel to, and at a maximum distance from the front lot line, shall be deemed to be the rear lot line for the purpose of determining the depth of the required rear setback.

D.

Limitations on the Use of Setbacks. The use or occupancy of a required setback shall comply with the following standards.

1.

Structures. A required setback area shall not be occupied by structures other than:

a.

The fences and walls permitted by Section 88.30.030 (Fences, Walls, and Screening);

b.

A garage in a rear setback in compliance with Section 88.42.020 (Accessory Structures); and

c.

The encroachments into setbacks allowed by the applicable zone.

2.

Storage of Materials or Equipment. No front or side street setback shall be used for the storage of building materials, scrap, junk, machinery, indoor furniture, or similar materials, except for building materials required during an on-site construction project with a valid building permit.

3.

Vehicle Parking and Storage. No required parking space shall he located within a required setback, except as provided by Section 88.36.090.A (Location of Parking) and 88.36.130 (Commercial, Oversized and Recreational Vehicles on Private Property). The following requirements shall also apply:

a.

All vehicles parked within the front yard setback of a residential lot shall be parked only on a driveway leading to a garage or carport, and shall be parked on a paved surface. The maximum allowable area that can be paved in the front yard setback or street side yard setback area is 35 percent of the total width of the setback area.

b.

Parking of any vehicles on unpaved surfaces, concrete tiles or blocks, or grasscrete blocks, concrete tiles or similar surfaces is prohibited. Driveways must be fully paved.

c.

The parking or storage of inoperable vehicles in the front yard of a residential lot is prohibited. Inoperable vehicles may be parked or stored in the side or rear yards of a residential lot on a paved area or in a garage, provided the vehicle is screened with approved and appropriate fencing from public view.

d.

The parking of any vehicle on any vacant unpaved lot is prohibited.

e.

Vehicles parked on driveways in the front yard setback or street side yard setback shall not encroach into a parkway containing a sidewalk or in cases where there is no sidewalk, at least eight feet from the edge of the curb and in the absence of a curb at least eight feet from the edge of the paved road.

f.

Vehicle repairs shall not he performed in front yard setbacks except in case of an emergency. No long term repairs or car dismantling shall be allowed in front yard setbacks. An emergency is considered as the car being unable to start such as a battery jump or changing a flat tire. Long term repairs are considered those taking more than a 12-hour consecutive period.

4.

Pavement. The amount of pavement in required front and side yard setbacks for driveway and garage access shall not exceed that allowed by Section 88.36.100 (Driveways and Site Access).

5.

Outdoor Dining. Outdoor dining is permitted within the required front setback or side street setback when approved by the design review authority.

E.

Allowed Encroachments into Setbacks. An architectural feature attached to a primary structure may extend beyond the wall of the structure and into a required front, side, or rear setback in compliance with the building frontage and profile requirements of Article 2. These requirements do not apply to accessory structures, which are instead subject to Section 88.42.020 (Accessory Structures).

TABLE 3-2. ALLOWED ENCROACHMENTS INTO SETBACKS

F.

Setback Requirements for Specific Structures:

1.

Accessory Structures. See Section 88.42.020 (Accessory Structures).

2.

Fences. See Section 88.30.020 (Fences and Walls).

3.

Decks and Other Site Design Elements. A detached deck, freestanding solar device, steps, terrace, or other site design element that is placed directly upon the grade, and that exceeds a height of 18 inches above the surrounding grade at any point, shall comply with the setback requirements of this Development Code for detached accessory structures.

4.

Swimming Pool, Hot Tub, Etc. A permanent swimming pool, hot tub, or spa shall be set back a minimum of five feet from side and rear property lines, and shall not be located within a front setback.

(Ord. No. 06-O6, § 1B, 8-7-06; Ord. No. 08-O7, § 1, 6-16-08; Ord. No. 10-O1, § 7, 3-1-10)

A.

Purpose. This section provides standards which recognize the city's support for and compliance with the California Solid Waste Reuse and Recycling Access Act (Public Resources Code Sections 42900 through 42911).

B.

Applicability. These requirements apply to new multi-family residential and nonresidential development, or changes to existing multi-family residential or nonresidential development that increase gross floor area by 25 percent or more.

C.

Extent of Storage Area Required. Solid waste and recyclables storage areas shall be provided in the number, dimensions, and types required by the department or review authority. Additional storage areas may be required, as deemed necessary by the director.

D.

Enclosure Requirements. Storage areas shall be fully enclosed by a six-foot solid enclosure that is architecturally compatible with adjacent structures.

1.

The dimensions and materials of the enclosure shall comply with standards provided by the department.

2.

Gates shall be solid and continuously maintained in working order.

3.

A concrete apron shall be provided within the enclosure.

4.

Landscaping shall be provided to soften and screen the enclosure in compliance with Chapter 88.34 (Landscaping Standards). See Figure 3-4.

Figure 3-4 - Example of Appropriate Solid Waste Enclosure

All electric, telephone and other telecommunications facilities, street lighting wiring, cable television and other wiring conduits, shall be placed underground by the developer. This requirement shall not apply in the case of an addition to an existing structure that increases the existing floor area by less than 50 percent.

A.

Purpose. This chapter provides standards that regulate various aspects of the operation of an approved land use, for the protection of public health, safety, and welfare.

B.

Applicability. The requirements of this chapter shall apply to all development and land uses.

A.

Purpose. This section implements the policies of the noise element of the general plan, and provides standards for noise mitigation that are intended to protect the community health, safety, and general welfare by limiting exposure to the unhealthful effects of noise.

B.

Applicability. No use, activity, or process shall exceed the maximum allowable noise levels established by this section, except for the following noise sources:

1.

Emergencies. Public safety warning devices (e.g., ambulance, fire, and police sirens), sound for alerting persons to the existence of an emergency, or the performance of authorized emergency work;

2.

State or Federal Preempted Activities. Any activity regulated by state or federal law;

3.

Public Health and Safety Activities. Construction, maintenance, and/or repair operations by public agencies and/or utility companies or their contractors that are serving public interests, and/or protecting the public health, safety, and general welfare;

4.

Parks. Public agency sanctioned recreational activities and programs conducted in public parks; and

5.

Solid Waste Collection. The authorized collection of solid waste.

C.

Noise Source Standards.

1.

Noise Level Limitations. No use, activity, or process within the city shall generate noise in excess of the levels identified by Tables 3-3 and 3-4, as the noise is measured at the property line of a noise sensitive land use identified in Tables 3-3 and 3-4.

a.

If the measured ambient noise level exceeds the applicable noise level standard in any category shown in Table 3-3, the applicable standards shall be adjusted to equal the ambient noise level.

b.

If the intruding noise source is continuous and cannot reasonably be discontinued or stopped to allow measurement of the ambient noise level, the noise level measured while the source is in operation shall be compared directly to the applicable noise level standards identified in Table 3-3.

Notwithstanding the above requirements, no person shall allow or cause the generation of any noise of a type, volume, pitch, tone, repetition, or duration that would be found to be a nuisance by a reasonable person beyond the boundaries of the property where the noise is generated.

TABLE 3-3. MAXIMUM ALLOWABLE NOISE LEVEL BY RECEIVING LAND USE

;sz=8q; Notes:

(1)

Where the location of outdoor activity areas is unknown, the exterior noise level standard shall be applied to the property line of the receiving land use.

(2)

Where it is not possible to reduce noise in outdoor activity areas to 65 dB Ldn/CNEL or less using a practical application of the best-available noise reduction measures, an exterior noise level of up to 70 dB Ldn/CNEL may be allowed provided that available exterior noise level reduction measures have been implemented and interior noise levels are in compliance with this table.

(3)

Subject to an acoustical analysis in compliance with subsection C.2

TABLE 3-4 - NOISE STANDARDS FOR
SHORT-DURATION EVENTS NEAR RESIDENTIAL AREAS

Notes:

(1)

If the offensive noise contains a steady, audible tone (e.g., a screech or hum), is a repetitive noise (e.g., hammering), or contains speech or music, the maximum allowable sound level shall be reduced by five dB.

2.

Acoustical Analysis Required. Where the director determines that a proposed project may generate noise in excess of any limit established by Table 3-3, and/or where the use may generate noise in outdoor areas in excess of 60 dBA, the land use permit application for the use shall include an acoustical analysis by a qualified professional approved by the director.

a.

Contents. The analysis shall determine the potential for stationary source noise impacts to neighboring land uses, include field measurements to determine more precise locations for existing and projected future noise levels (based on traffic projections in the circulation element of the general plan or as otherwise accepted by the city), and recommend appropriate mitigation measures.

b.

Preferred Mitigation Measures for Receptor Sites. When development is subject to high noise levels requiring mitigation, the following measures shall be considered and preference shall be given where feasible in the following order:

(1)

Site layout, including setbacks, open space separation and shielding of noise sensitive uses with non-noise-sensitive uses;

(2)

Acoustical treatment of buildings; or

(3)

Structural measures such as constructed of earth berms and/or wood or concrete barriers; provided that no sound wall shall be located adjacent to a public street.

3.

Limitation on Hours of Construction. In order to allow construction schedules to take advantage of the weather and normal daylight hours, and to ensure that nearby residents as well as nonresidential activities are not disturbed by the early morning or late night activities, the city has established the following limits on construction, in compliance with Table 3-5 or as required by conditions of approval.

TABLE 3-5. ALLOWABLE HOURS
OF CONSTRUCTION

4.

Limitation on Truck Deliveries. Truck deliveries to a commercial or industrial parcel adjacent to a conforming residential use shall be limited to the hours between 7:00 a.m. and 7:00 p.m., unless the Director authorizes other delivery times based on the determination that there is either no feasible alternative, or there are overriding transportation and traffic management benefits to scheduling deliveries at night.

D.

Noise Receptor Standards. Where noise-sensitive land uses are proposed in areas exposed to existing or projected noise levels in excess of the standards in Tables 3-3 and 3-4, the city shall require an acoustical analysis as part of the environmental review process so that noise mitigation may be included in the project design, so that proposed structures are designed to limit intruding noise in interior rooms to 45 dBA Ldn. At the discretion of the director, the requirement for an acoustical analysis may be waived if all of the following conditions are satisfied:

1.

The development is for less than five single-family dwellings or less than 10,000 square feet of total gross floor area for office buildings meeting facilities;

2.

The noise source in question consists of a single roadway or railroad for which up-to-date noise exposure information is available. An acoustical analysis will be required if the noise source is a stationary noise source, or if there are multiple noise sources that could affect the project;

3.

The projected future noise exposure at the exterior of proposed buildings or outdoor activity areas does not exceed 65 dBA Ldn;

4.

The topography of the area is essentially flat; and

5.

Effective noise mitigation, as determined by the director, is incorporated into the project design. The measures can include, but are not limited to, the use of building setbacks, building orientation, or noise barriers. If closed windows are required for compliance with interior noise level standards, air conditioning or a mechanical ventilation system will be required.

E.

Noise Measurement. In order to determine compliance with the standards in Tables 3-3 and 3-4, exterior noise levels shall be measured at the property line of the noise sensitive land use receiving the noise. Noise measurement shall be made with a sound level meter using the "A" weighted scale at slow meter response. Fast meter response shall be used only for an impulsive noise.

(Ord. No. 06-O6, § 1B, 8-7-06)

Outdoor lighting on private property shall comply with the following requirements.

A.

An outdoor light fixture shall be limited to a maximum height of 14 feet or the height of the nearest building, whichever is less.

B.

Outdoor lighting shall utilize energy-efficient fixtures and lamps; examples include high pressure sodium, hardwired compact fluorescent, or other lighting technology that is of equal or greater energy efficiency.

C.

Lighting fixtures shall be shielded or recessed to reduce light bleed to adjoining properties, by:

1.

Ensuring that the light source (e.g., bulb, etc.) is not visible from off the site; and

2.

Confining glare and reflections within the boundaries of the site to the maximum extent feasible.

Each light fixture shall be directed downward and away from adjoining properties and public rights-of-way, so that no on-site light fixture directly illuminates an area off the site.

D.

No lighting on private property shall produce an illumination level greater than one footcandle on any property within a Neighborhood except on the site of the light source.

E.

No permanently installed lighting shall blink, flash, or be of unusually high intensity or brightness, as determined by the director.

A.

Purpose. This section provides performance standards that are designed to minimize various potential operational impacts of land uses and development within the city, and promote compatibility with adjoining areas and land uses.

B.

Applicability. The provisions of this section apply to all new and existing land uses, including permanent and temporary uses, unless an exemption is specifically provided. A land use existing on the effective date of this section shall not be altered or modified thereafter to conflict with these standards.

C.

Air Emissions. No operation or activity shall emit excessive smoke, fumes, dust, or particulate matter, or which exceed the requirements or levels specified by the South Coast Air Quality Management District.

D.

Combustibles and Explosives. The use, handling, storage, and transportation of combustibles and explosives shall comply with the Uniform Fire Code, and California Code of Regulations Title 19, including the provision of adequate safety devices to guard against fire and explosion hazards, and adequate firefighting and fire suppression equipment and devices.

E.

Ground Vibration. No ground vibration shall be generated that is perceptible without instruments by a reasonable person at the property lines of the site, except for vibrations from temporary construction or demolition activities, and motor vehicle operations.

F.

Light and Glare. Outdoor lighting shall comply with the requirements of Section 88.31.030 (Outdoor Lighting).

G.

Liquid Waste. All sewage and industrial waste systems shall comply with all requirements of the county sanitation districts and the city engineer. All industrial wastes not approved for deposit in sewer lines shall be disposed of as required by the city engineer.

H.

Noise. See Section 88.31.020 (Noise Standards).

I.

Odor. No obnoxious odor or fumes shall be emitted that are perceptible without instruments by a reasonable person at or beyond the property line of the site.

J.

Radioactivity, Electrical Disturbance or Electromagnetic Interference. None of the following shall be emitted:

1.

Radioactivity, in a manner that does not comply with all applicable state and federal regulations.; or

2.

Electrical disturbance or electromagnetic interference that interferes with normal radio or television reception, or with the function of other electronic equipment beyond the property line of the site; or that does not comply with all applicable Federal Communications Commission (FCC) and other applicable state and federal regulations.

A.

Maintenance Standard. Each structure and parcel within the city shall be kept and maintained in a clean, neat, orderly, operable, and usable condition, reflecting common community standards, and in compliance with Municipal Code Section 34-231 (Nuisance Abatement). This requirement applies to buildings, paving, fences, walls, landscaping, water, earth, and any other structures or natural features.

B.

Equipment Storage. No construction equipment or other heavy equipment shall be stored on property within a neighborhood zone or other parcel where outdoor storage is not specifically allowed by the applicable zone.

C.

Use of Setbacks. See Section 88.30.060.E (Limitations on the use of setbacks).

This chapter is intended to implement the housing element of the general plan and the requirements of Government Code Sections 65915 through 65918, offering incentives for the development of affordable housing for low-income, moderate-income, and senior citizen households. Where regulations are not specifically addressed in this chapter or where there are conflicts between these provisions and the provisions of Government Code Sections 65915 through 65918, the provisions of the Government Code, as they may be amended over time, shall apply.

(Ord. No. 11-O4, § 2, 4-18-11)

In order to be eligible for a density bonus and other incentives as provided by this chapter, a proposed housing development shall comply with the eligibility requirements specified in Government Code Sections 65915 through 65918. A density bonus and applicable incentives/concessions shall be granted if an applicant for a housing development seeks and agrees to construct a development that contains low-income, very low-income, moderate-income, and/or senior housing units, the required percentages of which are outlined in Government Code Section 65915(b)(1).

(Ord. No. 11-O4, § 2, 4-18-11)

The amount of a density bonus, and the extent of other incentives allowed for a proposed housing development shall be determined by the council in compliance with Government Code Section 65915. An additional density bonus incentive shall be granted if an applicant proposes to construct a housing development that conforms with Government Code Section 65915(b)(1) and that includes a child care facility located on the premises of, as part of, or adjacent to the project. If a density bonus and/or other incentives cannot be accommodated on a site due to strict compliance with the provisions of this Development Code, the council may modify or waive other development standards as necessary to accommodate all bonus units and other incentives to which the development is entitled.

A.

Calculating Density Bonus. The calculation of a density bonus in compliance with this subsection that results in fractional units shall be rounded up to the next whole number, as required by state law. For the purposes of calculating a bonus, the residential units do not have to be based upon individual subdivision maps or parcels.

B.

Other Incentives.

1.

Applicant Specified Concessions or Incentives. An applicant may submit to the city a request for specific concessions or incentives in compliance with this section.

2.

Available Concessions or Incentives. A qualifying project shall be entitled to one, two, or three of the following incentives, as allowed by Government Code Section 65915, in addition to the density bonus allowed by Section 88.32.020 and subsection A. above:

a.

A reduction in the site development standards of this Development Code (e.g. site coverage, off-street parking requirements, reduced parcel dimensions, and/or setback requirements);

b.

Approval of mixed use zoning not otherwise allowed by this Development Code in conjunction with the housing development, if nonresidential land uses will reduce the cost of the housing development, and the nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the project will be located; and/or

c.

Other regulatory incentives or concessions proposed by the developer or the city that will result in identifiable and actual cost reductions.

3.

Additional Concessions or Incentives. The council shall have the discretion to approve additional concessions or incentives to a qualifying project based on the superior merits of that particular project, as determined by the council.

4.

Required Findings to Reject Concession or Incentive. The council shall grant the concession or incentive requested by the applicant unless the council makes a written finding, based upon substantial evidence, of either of the following:

a.

The concession or incentive is not required in order to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set in compliance with Government Code Section 65915(c); or

b.

The concession or incentive would have a specific adverse impact, as defined by Government Code Section 65589.5(d)(2), upon public health and safety, or the physical environment, or on any real property listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.

C.

Effect of incentive or concession. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a General Plan amendment, Zoning Map amendment, or other discretionary approval.

(Ord. No. 11-O4, § 2, 4-18-11)

The planning permit application for the affordable residential project shall include the procedures proposed by the developer to maintain the continued affordability of the designated lower income units as follows. These provisions shall apply to both rental and for-sale ownership units.

A.

Development Projects with Public Funding. A project that receives a direct financial contribution or other financial incentives from a public source (including the city, the Department of Housing and Urban Development (HUD), or state tax credit program), or a density bonus and at least one other concession or incentive in compliance with Section 88.32.030, shall maintain the availability of the designated lower income units for a minimum of 30 years, as required by Government Code Sections 65915(c) and 65916; or

B.

Private Development Projects—Density Bonus Only. Privately-financed projects that receive a density bonus as the only incentive from the city shall maintain the availability of the designated lower income units for a minimum of ten years.

(Ord. No. 11-O4, § 2, 4-18-11)

A.

Location/Dispersal of Units. The designated units shall be reasonably dispersed throughout the project where feasible, shall contain on average the same number of bedrooms as the non-designated units in the project, and shall be compatible with the design or use of remaining units in terms of appearance, materials, and finished quality.

B.

Phasing. If a project is to be phased, the density bonus units shall be phased in the same proportion as the non-density bonus units, or phased in another sequence acceptable to the city.

(Ord. No. 11-O4, § 2, 4-18-11)

A.

Use Permit Required. A request for bonus units shall require the approval of a use permit in compliance with Section 88.51.050.

B.

Findings for Approval. In addition to the findings required for the approval of a use permit in compliance with Section 88.51.050, the approval of a density bonus shall require that the commission first make all of the following additional findings:

1.

The project will be consistent with the General Plan, except as provided by this chapter with regard to maximum density, density bonuses, and other incentives and concessions;

2.

The approved number of dwellings can be accommodated by existing and planned infrastructure capacities;

3.

Adequate evidence exists to indicate that the project will provide affordable housing in a manner consistent with the purpose and intent of this chapter;

4.

In the event that the city does not grant at least one financial concession or incentive as defined in Government Code Section 65915 in addition to the density bonus, that additional concessions or incentives are not necessary to ensure affordable housing costs as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Government Code Section 65915(c); and

5.

There are sufficient provisions to guarantee that the units will remain affordable for the required time period.

A.

Procedures. An owner/developer requesting a density bonus, shall draft, and agree to enter into, a density bonus agreement (referred to in this section as the "agreement") with the city. The terms of the draft agreement shall be reviewed and revised as appropriate by the city manager and the city attorney.

B.

Execution of Agreement.

1.

Following execution of the density bonus agreement by all parties, the city shall record the completed agreement on the parcels designated for the construction of designated dwelling units, at the county recorder's office.

2.

The approval and recordation shall take place at the same time as the final map or, where a map is not being processed, before issuance of building permits for the units.

3.

The agreement shall be binding to all future owners, developers, and/or successors-in-interest.

C.

Information in Agreement. The density bonus agreement shall include at least the following information:

1.

The total number of units approved for the housing development, including the number of designated dwelling units;

2.

A description of the household income group to be accommodated by the housing development, and the standards and methodology for determining the corresponding affordable rent or affordable sales price and housing cost consistent with HUD Guidelines;

3.

The marketing plan for the affordable units;

4.

The location, unit sizes (square feet), and number of bedrooms of the designated dwelling units;

5.

Tenure of the use restrictions for designated dwelling units of at least ten or 30 years, in compliance with Section 88.32.040 (Continued Availability), above;

6.

A schedule for completion and occupancy of the designated dwelling units;

7.

A description of the additional incentives being provided by the city;

8.

A description of the remedies for breach of the density bonus agreement by the owners, developers, and/or successors-in-interest of the project; and

9.

Other provisions to ensure implementation and compliance with this chapter.

D.

Agreement Provisions. The density bonus agreement shall include at least the following provisions:

1.

The developer shall give the city the continuing right-of-first-refusal to lease or purchase any or all of the designated dwelling units at the appraised value;

2.

The deeds to the designated dwelling units shall contain a covenant stating that the developer or successors-in-interest shall not assign, lease, rent, sell, sublet, or otherwise transfer any interests for designated units without the written approval of the city;

3.

When providing the written approval, the city shall confirm that the price (rent or sale) of the designated dwelling unit is consistent with the limits established for low- and very low-income households, as published by HUD;

4.

The city shall have the authority to enter into other agreements with the developer, or purchasers of the designated dwelling units, to ensure that the required dwelling units are continuously occupied by eligible households;

5.

Applicable deed restrictions, in a form satisfactory to the city attorney, shall contain provisions for the enforcement of owner or developer compliance. Any default or failure to comply may result in foreclosure, specific performance, or withdrawal of the certificate of occupancy.

6.

In any action taken to enforce compliance with deed restrictions, the city attorney shall, if compliance is ordered by a court of competent jurisdiction, take all action that may be allowed by law to recover all of the city's costs of action including legal services.

E.

For-Sale Housing Conditions. In the case of a for-sale housing development, the density bonus agreement shall provide for the following conditions governing the initial sale and use of designated dwelling units during the applicable use restriction period:

1.

Designated dwelling units shall be owner-occupied by eligible very low-, low-, or moderate-income households, or by qualified residents in the case of senior housing; and

2.

The initial purchaser of each designated dwelling unit shall execute an instrument or agreement approved by the city which:

a.

Restricts the sale of the unit in compliance with this chapter during the applicable use restriction period;

b.

Contains provisions as the city may require to ensure continued compliance with this chapter and state law; and

c.

Shall be recorded against the parcel containing the designated dwelling unit.

3.

The applicable restriction period shall be a minimum of ten years for projects with density bonus without financial subsidy or assistance and a minimum of 30 years for projects receiving financial assistance in compliance with Section 88.32.040 (Continued Availability).

F.

Rental Housing Conditions. In the case of a rental housing development, the density bonus agreement shall provide for the following conditions governing the use of designated dwelling units during the use restriction period:

1.

The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining the designated dwelling units for qualified tenants;

2.

Provisions requiring owners to annually verify tenant incomes and maintain books and records to demonstrate compliance with this chapter;

3.

Provisions requiring owners to submit an annual report to the city, which includes the name, address, and income of each person occupying the designated dwelling units, and which identifies the bedroom size and monthly rent or cost of each unit; and

4.

The applicable use restriction period shall be a minimum of ten years for projects with density bonus without financial subsidy or assistance and a minimum of 30 years for projects receiving financial assistance in compliance with Section 88.32.040 (Continued Availability).

(Ord. No. 11-O4, § 2, 4-18-11)

In order to maintain the availability of affordable housing units constructed in compliance with this chapter, the following resale conditions shall apply.

A.

The price received by the seller of an affordable unit shall be limited to the purchase price plus an increase based on the Los Angeles metropolitan area consumer price index, an amount consistent with the increase in the median income since the date of purchase, or the fair market value, whichever is less. Prior to offering an affordable housing unit for sale, the seller shall provide written notice to the city of their intent to sell. The notice shall be provided by certified mail to the director.

B.

Home ownership affordable units constructed, offered for sale, or sold under the requirements of this section shall be offered to the city or its assignee for a period of at least 90 days from the date of the notice of intent to sell is delivered to the city by the first purchaser or subsequent purchasers. Home ownership affordable units shall be sold and resold from the date of the original sale only to households as determined to be eligible for affordable units by the city according to the requirements of this section. The seller shall not levy or charge any additional fees nor shall any "finders fee" or other monetary consideration be allowed other than customary real estate commissions and closing costs.

C.

The owners of any affordable unit shall attach and legally reference in the grant deed conveying title of the affordable ownership unit a declaration of restrictions provided by the city, stating the restrictions imposed in compliance with this section. the grant deed shall afford the grantor and the city the right to enforce the attached declaration of restrictions. The declaration of restrictions shall include all applicable resale controls, occupancy restrictions, and prohibitions as required by this section.

D.

The city shall monitor the resale of ownership affordable units. The city or its designee shall have a 90-day option to commence purchase of ownership affordable units after the owner gives notification of intent to sell. Any abuse in the resale provisions shall be referred to the city for appropriate action.

(Ord. No. 11-O4, § 2, 4-18-11)

A.

Judicial relief. As provided by Government Code Section 65915(d).(3), the applicant may initiate judicial proceedings if the City refuses to grant a requested density bonus, incentive, or concession.

B.

Waiver of standards preventing the use of bonuses, incentives, or concessions.

1.

As required by Government Code Section 65915(e), the City will not apply a development standard that will have the effect of precluding the construction of a development meeting the criteria of Subsection 20.30.020 A (Resident requirements), above, at the densities or with the concessions or incentives allowed by this Chapter.

2.

An applicant may submit to the City a proposal for the waiver or reduction of development and zoning standards that would otherwise inhibit the utilization of a density bonus on a specific site, including minimum lot size, side setbacks, and placement of public works improvements.

3.

The applicant shall show that the waiver or modification is necessary to make the housing units economically feasible.

C.

City exemption. Except as provided in Subsections A. and B., above, nothing in this chapter shall be interpreted to require the City to:

1.

Grant a density bonus, incentive, or concession, or waive or reduce development standards, if the bonus, incentive, concession, waiver, or reduction, would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or

2.

Grant a density bonus, incentive, or concession, or waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources, or to grant any waiver or reduction that would be contrary to state or federal law.

(Ord. No. 11-O4, § 2, 4-18-11)

This chapter establishes requirements for landscaping to enhance the appearance of development projects, reduce heat and glare, control soil erosion, conserve water, screen potentially incompatible land uses, preserve the integrity of neighborhoods, improve air quality, and improve pedestrian and vehicular traffic and safety.

The provisions of this chapter apply to all land uses as follows:

A.

New Projects. Each new nonresidential, single-family tract, and multi-family residential project shall provide landscaping in compliance with this chapter. All residential development projects shall provide street trees in compliance with Section 88.34.060.B.2.d(3).

B.

Existing Development. The approval of a minor use permit, use permit, minor variance, or variance for physical alterations and/or a change in use within an existing multi-family or nonresidential development may include conditions of approval requiring compliance with specific landscaping and irrigation requirements of this chapter.

C.

Timing of Installation. Required landscape and irrigation improvements shall be installed before final building inspection. The installation of landscaping for a residential project may be deferred for a maximum of 90 days in compliance with Section 88.52.030 (Performance Guarantees).

D.

Alternatives to Requirements. The review authority may modify the standards of this chapter to accommodate alternatives to required landscape materials or methods, where the review authority first determines that the proposed alternative will be equally or more effective in achieving the purposes of this chapter.

(Ord. No. 06-O6, § 1B, 8-7-06)

Definitions of certain technical terms and phrases used in this chapter are under "Landscaping Standards" in Article 7 (Glossary) of this Development Code.

(Ord. No. 2020-02, § 3, 2-3-20)

Landscaping and irrigation plans are required as follows for a new project or existing development that is subject to the requirements of this chapter in compliance with Section 88.34.020 (Applicability).

A.

Preliminary Landscape Plan. A preliminary landscape plan shall be submitted as part of each application for new development, or the significant expansion (e.g., 25 percent or more of floor area), or redevelopment of an existing use, as determined by the director. The preliminary landscape plan may take the form of the information required by subsection C. being shown on the site plan for the project.

B.

Final Landscape Plan. After planning permit approval, a final landscape plan shall be submitted as part of the application for a building permit. A final landscape plan shall be approved by the director before the start of grading or other construction, and before the issuance of a building permit.

C.

Content and Preparation.

1.

Required Information. Preliminary Landscape plans and final landscape plans shall contain the information required for landscape plans by the department. However, at a minimum, these plans shall include the following information:

a.

Preliminary Landscape Plans. Location of proposed materials, including the identification of ground covers, shrubs, and trees.

b.

Final Landscape Plans. Detailed drawings and specifications clearly identifying the name, size, and precise location of all materials, as well as the precise location and technical description of the irrigation system and its individual components.

2.

Preparation by Qualified Professional. Each landscape plan submitted in compliance with this chapter shall be prepared by a California licensed landscape architect, licensed landscape contractor, certified nurseryman, or other professional determined by the director to be qualified, based on the requirements of state law.

D.

Review and Approval. After initial application, the director shall review each preliminary landscape plan and final landscape plan to verify its compliance with the provisions of this chapter. The director may approve the submittal in compliance with this chapter, or may deny or require changes to a submittal if it is not in compliance.

E.

Statement of Surety. When required by the director, security in the form of cash, performance bond, letter of credit, or instrument of credit, in an amount equal to 150 percent of the total value of all plant materials, irrigation, installation, and maintenance shall be posted with the city for a two-year period. The director may require statements of surety for phased development projects, a legitimate delay in landscape installation due to seasonal requirements (including adverse weather conditions) and similar circumstances where it may not be advisable or desirable to install all approved landscaping before occupancy of the site.

F.

Changes to Approved Landscape Plans. The director may authorize minor changes from the requirements of this chapter.

1.

For purposes of this section, minor changes shall be defined as changes to the final landscape plans that are not visible and do not effect the theme or character established for the subject development project.

2.

If the director determines that a requested change does not comply with the definition of minor as identified in subsection F.1, above, the applicant shall be advised to file the requested change with the applicable review authority.

Landscaping shall be provided in all areas of a site subject to development with structures, grading, or the removal of natural vegetation, as follows.

A.

Setbacks. The setback and open space areas required by this Development Code, and easements for utilities and drainage courses shall be landscaped, except where:

1.

Occupied by approved structures or paving;

2.

A required single-family residential setback is screened from public view; or

3.

They are retained in their natural state, and the review authority determines that landscaping is not necessary to achieve the purposes of this chapter.

B.

Unused Areas. Any area of a project site not intended for a specific use, including a commercial pad site intended for future development, shall be landscaped unless retained in its natural state, and the review authority determines that landscaping is not necessary to achieve the purposes of this chapter.

C.

Requirements by Zone. The minimum amount of each site to be landscaped with materials permeable to water shall comply with Table 3-6:

TABLE 3-6. AMOUNT OF
LANDSCAPING REQUIRED

D.

Parking Areas. Parking areas shall be landscaped as follows.

1.

Landscape Materials. Landscaping shall be provided throughout the parking lot as a combination of ground cover, shrubs, and trees.

2.

Protective Curbing. Planting areas shall be bordered by a concrete curb at least six inches high and six inches wide. The review authority may approve alternative barrier design to protect landscaped areas from damage by vehicles, and/or to provide for the infiltration of water runoff from paved surfaces.

3.

Perimeter Parking Lot Landscaping. All surface parking areas shall be provided perimeter landscaping as follows.

a.

Adjacent to Streets and Only Where Allowed by Section 88.36.090 or Preexisting Conditions.

(1)

A parking area for a nonresidential use adjoining a public street, where allowed by Section 88.36.090.C (Parking Design and Development Standards - Location) shall be designed to provide a landscaped planting strip between the street right-of-way and parking area equal in depth to the setback required by the applicable zoning district or ten feet, whichever is more.

(2)

A parking area for a residential use, except for a single-family dwelling, shall be designed to provide a landscaped planting strip between the street right-of-way and parking area equal in depth to the setback required by the applicable neighborhood, district, or corridor.

(3)

The landscaping shall be designed and maintained to screen cars from view from the street to a minimum height of 36 inches, but shall not exceed any applicable height limit for landscaping within a setback.

(4)

Screening materials may include a combination of plant materials, earth berms, solid decorative masonry walls, raised planters, or other screening devices which meet the intent of this requirement.

(5)

Shade trees shall be provided at a minimum rate of one for every 25 linear feet of perimeter landscaped area.

(6)

Plant materials, signs, or structures within a traffic safety sight area of a driveway shall comply with Section 88.30.040.E (Height limit at street corners).

b.

Adjacent to Side or Rear Property Lines. Parking areas for nonresidential uses shall provide a perimeter landscape strip at least eight feet wide (inside dimension) where the parking area adjoins a side or rear property line. The requirement for a landscape strip may be satisfied by a setback or buffer area that is otherwise required. Trees shall be provided at the rate of one for each 25 linear feet of landscaped area.

c.

Adjacent to Structures.

(1)

When a parking area is located adjacent to a nonresidential structure, a minimum eight-foot wide (inside dimension) landscape strip shall be provided adjacent to the structure, exclusive of any building entries, or areas immediately adjacent to the wall of the structure that serve as pedestrian accessways.

(2)

When a driveway is located adjacent to a multi-family residential structure, a minimum three-foot wide (inside dimension) landscape strip shall be provided adjacent to the structure, exclusive of any building entries, or areas immediately adjacent to the wall of the structure that serve as pedestrian.

d.

Adjacent to Residential Use. A parking area for a nonresidential use adjoining a residential use shall provide a landscaped buffer setback with a minimum ten-foot width between the parking area and the common property line bordering the residential use. A solid decorative masonry wall or fence, except for approved pedestrian access, and landscape buffer shall be provided along the property line to address land use compatibility issues (e.g., nuisance noise and light/glare) as determined by the review authority. Trees shall be provided at the rate of one for each 25 linear feet of landscaped area.

4.

Interior Parking Lot Landscaping. Multi-family, and non-residential uses shall provide landscaping within the interior of each outdoor parking area as follows.

a.

Amount of Landscaping. Planted areas within a parking lot interior shall total at least ten percent of the gross area of the parking lot, exclusive of the perimeter landscaping requirements in subsection D.3, above.

(1)

Trees shall be planted throughout the parking area at a minimum ratio of one tree for each five parking spaces, or more trees if determined by the review authority to be necessary to achieve shading of the majority of the pavement within the parking area by the mature tree canopy.

(2)

Orchard-style planting (the placement of trees in uniformly-spaced rows) is encouraged for larger parking areas.

(3)

Required shade trees shall be chosen from the city's approved canopy tree list, and shall be a minimum of five feet in height and 15-gallon container in size at the time of planting.

b.

Location of Landscaping. Landscaping shall be evenly dispersed throughout the parking area, as follows.

(1)

Parking lots with more than 50 spaces shall provide a concentration of landscape elements at primary entrances, including, at a minimum, specimen trees, flowering plants, enhanced paving, and project identification.

(2)

Landscaping shall be located so that pedestrians are not required to cross unpaved landscaped areas to reach building entrances from parked cars. This shall be achieved through proper orientation of the landscaped fingers and islands, and by providing pedestrian access through landscaped areas that would otherwise block direct pedestrian routes.

c.

Groundwater Recharge. The design of parking lot landscape areas shall consider, and may be required to include provisions for the on-site detention of stormwater runoff, pollutant cleansing, and groundwater recharge.

5.

Pavement. Outdoor parking lot paving materials in parking lots of less than 75 spaces shall be pedestrian scaled, as determined by the review authority, including bricks, colored and stamped concrete, grasscrete, and/or decomposed granite.

D.

Subdivisions. A new subdivision shall be designed and constructed to provide landscaping as follows.

1.

Residential Subdivisions. A residential subdivision shall be provided landscaping in the form of one street tree for each 30 feet of street frontage, in the planter strip or other location approved by the review authority, landscaping with irrigation facilities for any common areas or other open space areas within the subdivision, and any additional landscaping required by the review authority. The species of street trees shall be as required by the city engineer, and the plantings shall comply with the city's standard specifications.

2.

Nonresidential Subdivisions. Nonresidential subdivisions shall be provided landscaping as required by the review authority.

(Ord. No. 06-O6, § 1B, 8-7-06)

A.

Landscape Design. The required landscape plan shall be designed to integrate all elements of the project (e.g., buildings, parking lots, and streets) to achieve their aesthetic objectives, desirable microclimates, and minimize water and energy demand.

1.

Plant Selection and Grouping. Plant materials shall be selected for: low water demand and drought tolerance; use of appropriate native species; adaptability and relationship to the Azusa environment, and the geological and topographical conditions of the site; color, form, and pattern; ability to provide shade; and soil retention capability, in compliance with Section 88.34.080 (Water Efficient Landscaping), below.

a.

Plants having similar water use shall be grouped together in distinct hydrozones.

b.

The protection and preservation of native species and natural areas is encouraged, and may be required by conditions of approval.

c.

Fire prevention shall be addressed on sites in the rural or highly vegetated areas of the city identified by the fire district as being fire prone by providing fire-resistant landscaping buffers between development areas and naturally vegetated areas, as identified by the review authority.

2.

Minimum Dimensions. Each area of landscaping shall have a minimum interior width of six feet. Wherever this Development Code requires a landscaped area of a specified width, the width shall be measured exclusive of any curb or wall.

3.

Height Limits. Landscape materials shall be selected, placed on a site, and maintained to not:

a.

Exceed a maximum height of 42 inches within a required traffic safety visibility area (Section 88.30.050.E), except for trees with the lowest portion of their canopy maintained at a minimum of eight feet above grade; or

b.

Interfere with the proper operation of solar energy equipment or passive solar design on adjacent parcels.

4.

Protective Curbing. Required landscaping shall be protected with a minimum six-inch high concrete curb, except adjacent to bicycle paths, or where otherwise deemed unnecessary by the review authority.

5.

Safety Requirements. Landscape materials shall be located so that at maturity they do not:

a.

Interfere with safe sight distances for vehicular, bicycle, or pedestrian traffic;

b.

Conflict with overhead utility lines, overhead lights, or walkway lights; or

c.

Block pedestrian or bicycle ways.

6.

Water Features. Decorative water features (e.g., fountains, ponds, pools) shall have recirculating water systems.

B.

Plant Material. Required landscape plans shall include ground covers, shrubs, and trees, which shall be selected and installed in compliance with Section 88.34.080 (Water Efficient Landscaping), below, and as follows.

1.

Size at Time of Planting. Plant materials shall be sized and spaced to achieve immediate effect and shall not be less than a five-gallon container for specimen shrubs, a 15-gallon container for trees, and a one-gallon container for mass planting, unless otherwise approved by the review authority on the basis that the alternate size will achieve the desired immediate effect equally well.

2.

Trees. Tree planting shall comply with the following standards. Existing trees shall be retained and preserved wherever and whenever possible.

a.

Trees shall not be planted under any structure that may interfere with normal growth (e.g., an eave, overhang, balcony, light standard, or other similar structure).

b.

Trees in landscape planters less than ten feet in width or located five feet or closer to a permanent structure shall be provided with root barriers/root barrier panels.

c.

Trees shall be staked in compliance with standards provided by the department.

d.

Number of trees:

(1)

Parking area: refer to Section 88.34.050.D., above.

(2)

Street trees: one per 30-foot length of right-of-way. The review authority may modify this requirement depending on the chosen tree species and its typical spread at maturity.

3.

Groundcover and Shrubs. Generally the landscaped areas shall include groundcover, shrubs, turf, or other types of plants that are predominantly drought tolerant.

a.

A minimum of two, five-gallon size shrubs shall be provided for every six feet of distance along street frontages, or as approved by the review authority.

b.

Groundcover shall be provided throughout the landscaped area and shall be spaced to achieve full coverage within one year.

c.

Artificial groundcover (turf) is allowed at the discretion of the zoning administrator or his designee. Artificial shrubs shall not be allowed.

d.

Crushed rock, redwood chips, pebbles, stone, and similar materials shall be allowed up to 15 percent of the total required landscape area. Artificial or synthetic ground covers are not allowed.

e.

Nonturf areas (e.g., shrub beds) shall be top dressed with a bark chip mulch or approved alternative.

4.

Turf. Turf shall be limited to 25 percent of the total landscaped area on the site for a drought tolerant turf variety. An infill lot, corner lot, or other parcel with more than one street frontage may be approved with turf up to 35 percent of the landscaped area on the site for a drought tolerant turf variety, where necessary to provide consistent streetscapes. No turf shall be allowed:

a.

In any area of eight feet or less in width; or

b.

On any slope exceeding ten percent. A level buffer zone of 18 inches shall be provided between bermed turf areas and any hardscape (e.g., any street, walkway, or similar feature).

5.

Soil Testing and Preparation.

a.

A soil test for horticultural suitability shall be required at time of landscape installation in each landscaped area.

b.

The soil shall be prepared and/or amended to be suitable for the landscape to be installed, in compliance with Section 88.34.080 D. (Soil conditioning and mulching), below.

C.

Irrigation System Requirements. All landscaped areas shall include an automatic irrigation system, designed and installed in compliance with Section 88.34.080 (Water Efficient Landscaping), below.

1.

Water-efficient systems (e.g., drip, mini-spray, bubbler-type, or similar system) shall be used unless determined to be infeasible by the review authority. Any alternative system shall be subject to the approval of the review authority. Low-flow sprinkler heads with matched precipitation rates shall be used when spray or rotor-type heads are specified for watering shrubs and ground cover areas. Turf areas shall be sized and shaped so they can be efficiently irrigated.

2.

Dual or multi-program controllers with separated valves and circuits shall be used when the project contains more than one type of landscape treatment (e.g., turf, ground cover, shrub, tree areas), or a variety of sun exposures. Soil moisture-sensing devices and rain sensors shall be used on larger projects (e.g., 10,000 plus square feet of landscaped area) to minimize or eliminate over-watering.

3.

Watering shall be scheduled at times of minimal wind conflict and evaporation loss.

4.

Sprinkler heads shall have matched precipitation rates within each valve zone.

5.

Check valves are required where elevation differential may cause low head drainage.

(Ord. No. 10-O1, §§ 8, 9, 3-1-10)

A.

Maintenance Required. All site landscaping shall be maintained in a healthful and thriving condition at all times. Irrigation systems and their components shall be maintained in a fully functional manner consistent with the originally approved design and the provisions of this chapter. Regular maintenance shall include checking, adjusting, and repairing irrigation equipment; resetting automatic controllers; aerating and dethatching turf areas; adding/replenishing mulch, fertilizer, and soil amendments; pruning; trimming; and weeding all landscaped areas. Regular maintenance programs shall include the trimming of vegetation as necessary to maintain the effective functioning of solar energy facilities and passive solar design features installed both on-site and on adjacent properties.

B.

Maintenance Agreement. Before final building inspection or the issuance of a certificate of occupancy, and before the recordation of a final subdivision map where applicable, the applicant shall enter into a landscape maintenance agreement with the city to guarantee proper maintenance in compliance with subsection A. The form and content of the agreement shall be approved by the city attorney and the director.

C.

Water Waste Prohibited. Water waste in existing developments resulting from inefficient landscape irrigation leading to excessive runoff, low head drainage, overspray, and other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, or structures is prohibited. Efficient watering practices shall be conducted in compliance with Section 88.34.080 (Water Efficient Landscaping), below.

D.

Enforcement. Failure to maintain landscape areas in compliance with this section shall be deemed a nuisance, and shall be subject to abatement in compliance with the Municipal Code, and/or the applicable planning permit may be revoked.

A.

The City of Azusa adopts by reference the California State Model Water Efficient Landscape Ordinance (codified at California Code of Regulations, Title 23, Division 2, Chapter 2.7, Section 490 et seq.) and any amendments thereto, as the law of the City. One copy of the California State Model Water Efficient Landscaping Ordinance has been, and is now, filed in the office of the Economic and Community Development Director, and the Ordinance is adopted by reference as if incorporated and set out in full in this Section.

B.

Any person violating the California State Model Water Efficient Landscape Ordinance adopted by this Section shall be in violation of, and subject to all applicable penalties under, Chapter 1 of this Code.

(Ord. No. 2021-08, § 2, 1-18-22)

Editor's note— Ord. No. 2021-08, § 2, adopted Jan. 18, 2022, repealed the former § 88.34.080, and enacted a new section as set out herein. The former § 88.34.080 pertained to Water Efficient Landscaping and derived from Ord. No. 10-O2, § 2, adopted March 1, 2010.

The requirements of this chapter are intended to ensure that sufficient off-street motor vehicle parking facilities are provided for all uses and structures, and that parking facilities are properly designed, attractive, and located to be unobtrusive, generally to the rear of the site, while meeting the needs of the specific use or structure.

A.

Off-Street Parking Required. Each new land use and structure, including a change or expansion of a land use or structure shall be provided continuously maintained off-street parking and loading areas in compliance with this chapter. A land use shall not be commenced and a structure shall not be occupied until the improvements required by this chapter are completed and approved by the director.

B.

Parking Required Prior to Occupancy or Use. A new or altered structure shall not be occupied, and a new land use not requiring a structure shall not be established, until all off-street parking and loading facilities required by this chapter are in place and approved by the city.

C.

Maintenance of Required Parking. Off-street parking and loading spaces required by this chapter shall be continuously maintained by the property owner for the use of tenants of the premises, and for callers, clients, customers, employees, and visitors. The continuance and maintenance of the required spaces shall be the obligation of the owner of the property upon which the use or structure is located, as long as the use requiring the spaces continues and the structure exists.

D.

Modification of Parking Requirements Through Discretionary Permit Approval. The review authority may require provision of more off-street parking and loading spaces than otherwise required by this chapter as a condition of approval of a discretionary permit where the review authority determines that the circumstances of the particular case require a different number of spaces than required by this chapter.

(Ord. No. 06-O6, § 1B, 8-7-06)

A.

Parking and Loading Spaces to be Permanent. Each parking and loading space shall be permanently and continuously paved, available, marked and maintained for parking and loading purposes for the use it is intended to serve. Parking and/or vehicle storage is not permitted on unpaved commercial or residential lots.

B.

Location of Parking on a Site. Parking and loading spaces shall be located on a site as required by Article 2 (Urban Standards) for the applicable neighborhood, district, or corridor.

C.

Parking and Loading to be Unrestricted. An owner, lessee, tenant, or other person having control of the operation of a premises for which parking or loading spaces are required by this chapter shall not prevent, prohibit, or restrict authorized persons from using the spaces without the prior approval of the director.

D.

Vehicles for Sale. No motor vehicle or other personal property shall be parked on private property for the purpose of displaying the vehicle or other personal property for sale, hire, or rental, unless the property is appropriately zoned, approved by the city for that use, and the person or business at that location is licensed to sell vehicles or other personal property. However, one automobile or truck, not exceeding one-ton capacity, owned by the owner, renter, or lessee of the property may be displayed for the purpose of sale for a maximum of one month.

E.

Reserved.

(Ord. No. 08-O7, § 2, 6-16-08; Ord. No. 2015-O1, § 1, 1-20-15)

Each use shall provide off-street parking in compliance with this section, except as otherwise provided by Section 88.36.080 (Reduction of Parking Requirements).

A.

General Parking Requirements. Each land use shall be provided the number of off-street parking spaces required by Table 3-7 for the applicable land use type; except that proposed development and new land uses within the Downtown District shall instead comply with subsection B.

B.

TOD Specific Plan Parking Requirements. For development located within the TOD Specific Plan, refer to the Specific Plan for parking requirements.

C.

Calculations. If a calculation to determine the number of parking spaces required by this section results in a fractional number of parking spaces, the number shall be rounded up to the next whole space.

D.

Expansion of Structure, Change in Use. When a structure is enlarged, or when a change in its use requires more off-street parking than the previous use, additional parking spaces shall be provided in compliance with this chapter except where the number of additional spaces required is ten percent or less of the number of existing spaces.

E.

Excessive Parking. The city discourages providing more off-street parking spaces than required by this chapter, to avoid the inefficient use of land, unnecessary pavement, and excessive storm water runoff from paved surfaces. The provision of off-street parking spaces for nonresidential land uses in excess of the requirements in Article 2 is allowed only with use permit approval, and only when additional landscaping and pedestrian amenities are also provided to the satisfaction of the review authority.

F.

Nonconforming Parking. A structure with nonconforming off-street parking may be physically changed or undergo a change in use subject to the following provisions.

1.

Residential Uses. No additional parking spaces shall be required; provided, the change does not increase the original floor area by more than 25 percent, nor increase the number of dwelling units, nor eliminate the only portion of the site that can be used for the required or existing parking or access. New open patios are not considered an increase of the original floor area.

2.

Nonresidential Uses. The number of existing parking spaces shall be maintained on the site and additional parking shall be provided in compliance with this chapter for any additional floor area. If the use of the structure is changed to one that requires more parking than the previous use, the difference between the parking spaces required for the previous use and the new use shall be provided.

3.

Waiver by Commission. The commission may waive covered parking requirements when a nonconforming structure is proposed for rehabilitation if the commission determines, in compliance with Section 88.51.040 (Use Permits and Minor Use Permits), that the existing structure location, lot size, or topography renders the requirement unreasonable.

TABLE 3-7. PARKING REQUIREMENTS BY LAND USE

(Ord. No. 06-O6, § 1B, 8-7-06; Ord. No. 10-O1, § 10, 3-1-10; Ord. No. 11-O4, § 2, 4-18-11; Ord. No. 11-O16, § 5, 10-24-11; Ord. No. 2017-05, § 4, 7-17-17; Ord. No. 2017-14, § 6, 12-18-17; Ord. No. 2020-02, § 3, 2-3-2020; Ord. No. 2023-04, § 3(Exh. A), 10-2-23)

A.

Accessibility Requirements. Special provisions for access by the physically handicapped from public rights-of-way, across intervening spaces, and into structures, including parking facilities specifically designed and located for the use of the disabled/handicapped, shall be required. Standards for the facilities shall be based on the standards of the American Standards Association and/or other applicable guidelines.

B.

Number of Spaces Required. Parking spaces for the disabled shall be provided in compliance with the California Building Standards Code, the Federal Accessibility Guidelines, and/or California Code of Regulations Title 24, as applicable. Parking spaces required for the disabled shall count toward compliance with the number of off-street parking spaces required by Section 88.36.050 (Number of Parking Spaces Required).

A.

Bicycle Parking. Each multi-family project and nonresidential land use shall provide bicycle parking in compliance with this section.

1.

Number of Bicycle Spaces Required. Multi-family, retail commercial, and office uses shall provide bicycle parking spaces equal to a minimum of one bicycle space for every 20 motor vehicle spaces up to 100 spaces. One additional bicycle space shall be provided of each additional 100 spaces or fraction. A minimum of two bicycle spaces shall be provided in all cases. Required bicycle spaces shall distributed in locations convenient to building entrances, to serve residents, customers, and employees of the project.

2.

Bicycle Space Design and Devices. Each bicycle parking space shall include a stationary parking device to adequately secure the bicycle, shall be a minimum of two feet in width and six feet in length, with a minimum of seven feet of overhead clearance, installed and maintained in compliance with city standards, and shall be conveniently located and generally within close proximity to the primary entrance of the structure it is designed to serve.

B.

Motorcycle Parking. A parking lot with 50 or more auto parking spaces shall provide motorcycle parking spaces conveniently located near the primary entrance of a structure, accessed by the same aisles that provide access to the motor vehicle parking spaces in the parking lot.

1.

Number of Spaces Required. A minimum of one motorcycle parking space shall be provided for each 50 motor vehicle spaces or fraction thereof.

2.

Space Dimensions. A motorcycle parking space shall have minimum dimensions of four feet by seven feet.

A.

Shared On-Site Parking. Where two or more adjacent nonresidential uses have distinct and differing peak parking usage periods, (e.g. a theater and a bank), a reduction in the required number of parking spaces may be allowed through use permit approval. Approval shall also require a covenant running with the land, recorded by the owner of the parking lot, guaranteeing that the required parking will be maintained exclusively for the use or activity served for the duration of the use or activity, in compliance with Section 88.36.120 (Designation of Off-Street Parking and Loading Spaces).

B.

Reduction by Variance. The review authority may reduce the number of parking spaces required by Section 88.36.050 (Number of Parking Spaces Required) through a variance approval, based on quantitative information provided by the applicant that documents the need for fewer spaces (e.g., sales receipts, documentation of customer frequency, information on parking standards required for the proposed land use by other cities, etc.).

C.

Reduced Parking for Restricted Senior Housing Projects. The review authority may reduce the number of parking spaces required by Section 88.36.040 (Number of Parking Spaces Required) for senior housing projects, for persons aged 55 and over, based on quantitative information provided by the applicant that documents the need for fewer spaces for these types of residential development projects.

D.

Waiver of Covered Parking Requirement for Affordable Housing Units. The review authority may waive the requirement that parking be covered for affordable housing units in compliance with Section 88.32.030 (Types of Bonuses and Incentives Allowed).

E.

Reduced Parking for Mixed Use Projects. The review authority may reduce the number of parking spaces required by Section 88.36.050 (Number of Parking Spaces Required) for a mixed use project developed in compliance with Section 88.42.120, based on quantitative information provided by the applicant that documents the need for fewer spaces for these types of residential development projects.

F.

Alternative Parking Arrangements for the Park Once Districts. Alternative parking may be approved by the review authority for a project located in the TOD Specific Plan District that participates in a city park once program (Refer to the City of Azusa TOD Specific Plan), or in another park once district established by the city.

(Ord. No. 11-O16, § 4, 10-24-11; Ord. No. 2017-05, § 4, 7-17-17)

Required parking areas shall be designed and constructed in compliance with this Section.

A.

Location of Parking. Off-street parking shall be located in compliance with the parking placement requirements of Article 2 for the applicable neighborhood, district, or corridor. Required off-street parking shall be located on the same site as the use served, except for:

1.

Mixed use projects developed in compliance with Section 88.42.120; and

2.

Nonresidential parking, which may be located within 300 feet of the site served, provided that the review authority determines that convenient pedestrian access exists between the site and the location of the parking; and

3.

Development that participates in a city park once program.

B.

Access to Parking. Access to parking shall be provided as follows, except for individual single-family dwellings, which are exempt from the requirements of this subsection B. Site design shall minimize the amount of paved surface and driveway length while providing for safe and suitable access for vehicular circulation.

1.

Street Access Points. Parking areas shall provide suitable maneuvering area so that vehicles exit to a street in a forward direction. Parking lots shall be designed to prevent access at any point other than at designated access drives.

2.

Queuing. A commercial or industrial use that is designed to provide 20 or more parking spaces shall have access driveways that are not intersected by a parking aisle, parking space, or another access driveway for a minimum distance of 20 feet from the street right-of-way, to provide a queuing area for vehicles entering and exiting the parking area.

C.

Access to Adjacent Sites.

1.

Applicants for nonresidential development projects are encouraged, and may be required to provide on-site vehicle access to parking areas on adjacent nonresidential properties to provide for convenience, safety, and efficient circulation. A joint access agreement running with the land shall be recorded by the owners of the abutting properties, as approved by the director, guaranteeing the continued availability of the shared access between the properties.

2.

Appropriate shared pedestrian access between adjacent properties, including residential developments, is also strongly encouraged, and may be required.

D.

Parking Stall and Aisle Dimensions. Each parking stall and parking lot aisle shall comply with the minimum dimension requirements in Tables 3-8 and 3-9, and as illustrated in Figure 3-5.

TABLE 3-8. MINIMUM PARKING STALL AND LOT DIMENSIONS

TABLE 3-9. PARKING AISLE WIDTH

Figure 3-5 - Parking Lot Dimensions

E.

Tandem Parking. The term "tandem space or stall" in subsections E.1 and E.2 below shall mean a parking stall that is not independently accessible because another stall is located immediately behind it. Tandem parking is allowed only for:

1.

A multi-family residential project, where a maximum of 25 percent of the spaces required for the project may be authorized as tandem through minor use permit approval; or

2.

A single-family dwelling, where one of three required spaces may be tandem.

F.

Landscaping. Landscaping shall be provided in compliance with Section 88.34.050.D (Landscape Area Requirements - Parking Areas).

G.

Lighting. The lighting of parking spaces and driveway aisles shall comply with Section 88.30.060 (Outdoor Lighting).

H.

Striping and Identification. Parking spaces shall be clearly outlined with four-inch wide lines painted on the parking surface. Car pool spaces shall be clearly identified for car pool use only. The striping and identification shall be continuously maintained in a clear and visible manner. Changes to parking space or lot striping shall require the prior approval of a re-striping plan by the director.

I.

Surfacing. All parking spaces and maneuvering areas required by this section, and as shown on the approved plans, shall be graded and well-drained, shall be permanently maintained with dust-free surfacing, and in all zoning districts shall be paved with two inches of asphaltic concrete, or other all-weather surfacing as authorized by the city engineer and fire chief (e.g., turf block or other permeable surfacing materials that provide for water infiltration into the ground).

J.

Wheel Stops/Curbing.

1.

Continuous concrete curbing at least six inches high and six inches wide shall be provided for parking spaces located adjacent to fences, walls, property lines, landscaped areas, and structures. Individual wheel stops may be provided in lieu of continuous curbing when the parking is adjacent to a landscaped area, and the drainage is directed to the landscaped area, subject to the approval of the review authority.

2.

When provided, wheel stops shall be placed to allow for two feet of vehicle overhang area within the dimension of the parking space.

K.

Structured Parking. Parking structures shall be designed so that, at minimum, the street level is "wrapped" with commercial or residential uses, as allowed by the applicable zoning, so that no parking space is visible from the street.

1.

Where a parking structure faces residential uses, the entire facade of the parking structure shall be wrapped with active use space other than parking or access to parking.

2.

Where upper floor wrapping is not required, the exterior facades of parking structure upper floors shall be designed to approximate the appearance of adjacent commercial structures, as determined by the review authority.

3.

Rooftop parking adjacent to a residential use shall be enclosed by a wall or other appropriate element within an adequate distance, as determined by the review authority, to prevent adverse visual and noise impacts.

L.

Residential Covered Parking Design. Any structure provided to shelter or otherwise cover a vehicle parked on a site that is developed with one or more dwellings shall be of the same architectural style and exterior materials as the primary structures on the site, and shall comply with all applicable setback and parking location requirements of Article 2. A temporary or movable structure or other device for sheltering or covering one or more vehicles shall not be placed on a site in any location visible from a street.

(Ord. No. 06-O6, § 1B, 8-7-06)

Each driveway providing site access from a street, alley, or other public right-of-way shall be designed, constructed, and permanently maintained as follows.

A.

Number of Driveways.

1.

Single-Family Dwellings. A parcel with a single-family dwelling shall be allowed only one driveway, unless authorized by minor use permit.

2.

Multi-Family and Nonresidential Projects.

a.

A parcel with a multi-family or nonresidential project shall be limited to a maximum of two driveways, unless the review authority determines that more than two driveways are required to accommodate the traffic anticipated for the project. In making its determination, the review authority may consider any relevant information (e.g., a traffic analysis) provided by the applicant.

b.

Whenever a property has access to more than one street, access shall be generally limited to the lowest volume street where the impact of a new access will be minimized.

B.

Location of Driveways. Within the TOD Specific Plan District, a driveway shall not access the property across a property line adjacent to a street unless the director determines that no safe access to parking on the rear of the site can be obtained from an alley, the side street of a corner lot, or across adjacent parcels, or that access from a street frontage is required for a parking structure. An allowed driveway shall comply with location requirements established by the city engineer.

C.

Driveway Width and Length.

1.

Single-Family Dwellings. A driveway that accesses the garage of a single-family dwelling from the fronting street shall have a minimum length of 20 feet measured from the back of the sidewalk, or the edge of the right-of-way where there is no sidewalk. A driveway accessing a garage from an alley shall have a minimum length of five feet. The minimum width shall be 12 feet and the maximum width shall be 20 feet.

2.

Multi-Family and Nonresidential Projects. The minimum length of a driveway accessing multi-family parking shall be as required by subsection C.1 for garages with individual access from the fronting street, and shall be 20 feet for a driveway providing access from an alley. The minimum length of a driveway providing access to nonresidential parking shall comply with the queuing requirements in Section 88.36.090.B.2 (Access to parking - Queuing). The minimum width of driveways providing access to multi-family and nonresidential parking spaces shall comply with the requirements for parking lot aisle widths in Table 3-9; provided that the maximum driveway width shall be 26 feet, exclusive of any median divider.

D.

Clearance from Obstruction.

1.

The nearest edge of a driveway curb cut shall be at least three feet from the nearest property line, the centerline of a fire hydrant, light standard, traffic signal, utility pole, or other similar facility. Driveways shall have a minimum overhead clearance of 14 feet in height; except within a parking structure, which may be reduced by the review authority to seven feet, six inches.

2.

Driveways to residential garages must be maintained free of obstructions to allow vehicles to access garage parking stalls. A turning radius of 24 feet shall be used to determine accessibility.

E.

Surfacing. All driveways required by this section, and as shown on the approved plans, shall be surfaced in compliance with Section 88.36.090.I, except that a driveway with a slope of ten percent or greater shall be paved with asphalt or concrete in all cases.

(Ord. No. 06-O6, § 1B, 8-7-06; Ord. No. 2017-05, § 4, 7-17-17; Ord. No. 2020-02, § 3, 2-3-20)

A.

Number of loading spaces required. Nonresidential buildings shall provide off-street loading spaces in compliance with Table 3-10. Requirements for uses not listed shall be determined by the director based upon the requirements for comparable uses.

TABLE 3-10. REQUIRED LOADING SPACES

B.

Standards for Loading Areas. Off-street loading areas shall comply with the following standards. These standards and the requirements of subsection A. may be reduced by the review authority as part of project review and approval, where the review authority first determines that the delivery, operating, and shipping characteristics of the use do not require the number or type of loading spaces required by this Section.

1.

Location. Loading spaces shall:

a.

Not be located in a required front, side, or rear setback;

b.

Be as near as possible to the primary structure and limited to the rear two-thirds of the parcel, if feasible;

c.

Be situated to:

(1)

Ensure that the loading facility is adequately screened from abutting properties and streets;

(2)

Ensure that loading and unloading takes place on-site and in no case faces a public street, or is located within a required setback, adjacent public right-of-way, or other on-site traffic circulation areas;

(3)

Ensure that vehicular maneuvers occur on-site; and

(4)

Avoid adverse impacts upon neighboring residential properties.

d.

Be located on the same site with the use for which the berths are required.

2.

Dimensions. Loading spaces shall be a minimum of 12 feet in width, 40 feet in length, with 14 feet of vertical clearance.

3.

Accessible from a Street or Alley. Each loading space shall be accessible from a street or alley.

4.

Access Approved by City Engineer. Entrances and exits shall be provided at locations approved by the city engineer.

5.

Lighting. Loading areas shall have lighting capable of providing adequate illumination for security and safety. Lighting shall be deflected away from abutting residential sites and installed and maintained in compliance with Section 88.31.030 (Outdoor Lighting).

6.

Screening and Landscaping Required. Loading areas shall be screened from abutting properties and streets with dense landscaping or solid decorative masonry walls with a height subject to the approval of the review authority.

a.

Where a loading area abuts a street or another site, a landscaped strip not less than eight feet in depth shall be planted, and permanently maintained with, plant materials subject to the approval of the review authority, except that within 50 feet of a street intersection, the height of the plant material, other than trees, shall not exceed 36 inches.

b.

The review authority may require additional screening and/or landscaping.

7.

Surfacing. All loading spaces, access driveways, and maneuvering areas required by this section, and as shown on the approved plans, shall be graded and well-drained, shall be permanently maintained with dust-free surfacing, and shall be paved with asphalt, concrete, or other all-weather surfacing approved by the city engineer.

8.

Striping. Loading spaces shall be striped, and identified for "loading only." The striping and "loading only" notations shall be continuously maintained in a clear and visible manner.

9.

Loading Ramps. Plans for loading ramps or truck wells shall be accompanied by a profile drawing showing the ramp, ramp transitions, and overhead clearances, and shall be subject to the approval of the city engineer.

10.

Vehicle Repair Prohibited. Off-street loading facilities and areas required by this section shall be maintained for the duration of the use requiring the area, and no repair work or servicing of vehicles, except for emergency service of stalled vehicles, shall be allowed.

(Ord. No. 06-O6, § 1B, 8-7-06; Ord. No. 2020-02, § 3, 2-3-20)

A.

Maximum Distance. The maximum distance between sites designated for off-site parking and loading spaces shall be 300 feet in compliance with 88.36.090.A.2.

B.

Covenant, Lease, or Other Agreement Required.

1.

When off-street parking or loading facilities are provided on a site other than the site on which the use or structure to be served by the parking or loading facilities is located, a recordable covenant, easement, or other agreement, acceptable to the city attorney, shall be recorded in the county recorder's office.

2.

The parties to the covenant, easement, or agreement shall include the owner of the off-site parking spaces and the owner of the subject site, with covenants reflecting the conditions of approval and the off-site parking plan approved by the city.

C.

Facilities Shall Not be Used for Any Other Purpose. The recordable covenant, easement, or other agreement designating the off-street parking or loading facilities and the use or structure to be served, with legal descriptions of both sites, shall also certify that the off-street parking or loading facilities shall not be used for any other purpose unless the restriction is removed by resolution of the commission, in compliance with subsection F., below.

D.

Certificate of Occupancy. No certificate of occupancy shall be issued until an attested copy of the recorded covenant, easement, or other agreement has been filed with the director.

E.

Loss of Off-Site Spaces.

1.

Notification to the City. The owner or operator of a business that uses approved off-site spaces to satisfy the parking requirements of this chapter shall immediately notify the director of any change of ownership or use of the property for which the spaces are required, and of any termination or default of the agreement between the parties.

2.

Effect of Termination of Agreement. Upon notification that the agreement for the required off-site parking has terminated, the director shall determine a reasonable time in which one of the following shall occur:

a.

Substitute parking is provided that is acceptable to the director; or

b.

The size or capacity of the use is reduced in proportion to the parking spaces lost.

F.

Commission's Action to Remove Restriction. Upon submission of satisfactory evidence that other off-street parking or loading facilities have been provided in compliance with the requirements of this chapter, or that the use has ceased, or the structure has been removed or altered so as to no longer require the off-street parking or loading facilities, the commission shall remove the restriction.

(Ord. No. 2020-02, § 3, 2-3-20)

A.

Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Commercial vehicle means a motor vehicle of a type required to be registered under the California Vehicle Code, or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property.

Curb means an edging (as of concrete) built along a street to form part of the gutter and edge of the street.

Gross vehicle weight rating (GVWR) means the weight specified by the manufacturer as the loaded weight of a single vehicle.

Gross combination weight rating (GCWR) means the weight specified by the manufacturer as the loaded weight of a combination or articulated vehicle. In the absence of a weight specified by the manufacturer, GCWR shall be determined by adding the GVWR of the power unit and the total unladen weight of the towed units and any load thereon.

Oversized vehicle shall be defined as any vehicle whether motorized or non-motorized, that exceeds 23 feet in length, or 80 inches in width or 96 inches in height regardless of its weight. Any extension caused by any minor, load height or any accessory attached to such vehicle shall be considered part of the measured distance.

Notwithstanding the length, width, and height requirements for an oversized vehicle, the following vehicles shall also be considered oversized vehicles subject to the prohibitions contained in this section:

1.

Buses as defined in the California Vehicle Code;

2.

Trailer coaches as defined in the California Vehicle Code; and

Park means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of, and while actually engaged in, loading or unloading merchandise or passengers.

Recreational vehicle shall be defined as a motor home, slide-in camper, travel trailer, truck camper, or camping trailer, with or without motor power, designed for human habitation for recreational purposes or emergency occupancy. Recreational vehicle shall also include:

1.

Camping trailer. A vehicular portable unit mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfold at the campsite and designed for human habitation for recreational or emergency occupancy;

2.

Motor home. A vehicular unit built on or permanently attached to a self-propelled motor vehicle chassis, chassis cab or van, which becomes an integral part of the completed vehicle, designed for human habitation for recreational or emergency occupancy;

3.

Slide-in camper. A portable unit, consisting of a roof, floor and sides, designed to be loaded onto and unloaded from the bed of a pickup truck, and designed for human habitation for recreational or emergency occupancy and shall include a truck camper.

4.

Travel trailer. A portable unit, mounted on wheels, of such a size and weight as not to require special highway movement permits when drawn by a motor vehicle and for human habitation for recreational or emergency occupancy or travel trailers carrying off-highway vehicles.

5.

Off Highway vehicles. Vehicles that are subject to the provisions of California Vehicle Code, Section 38010(a), that include, but are not limited to (a) any motorcycle or motor-driven cycle, except for any motorcycle which is eligible for a special transportation identification device issued pursuant to Vehicle Code, Section 38088; (b) any snowmobile or other vehicle designed to travel over snow or ice, as defined in Vehicle Code, Section 557; and (c) any motor vehicle commonly referred to as a sand buggy, dune buggy, or all terrain vehicle.

Right-of-way means a corridor or strip of land, either public or private, on which a right of passage has been recorded and over which are built roadways, curbs and parkways.

Semitrailer means a vehicle designed for carrying persons or property, used in conjunction with a motor vehicle, and so constructed that some part of its weight and that of its load rests upon, or is carried by, another vehicle.

Trailer means a vehicle designed for carrying persons or property on its own structure and for being drawn by a vehicle. "Trailer" includes a semitrailer when used in conjunction with an auxiliary dolly, if the auxiliary dolly is of a type constructed to replace the function of the drawbar and the front axle or axles of a trailer.

Truck tractor means a motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load, other than a part of the weight of the vehicle and the load so drawn. As used in this section, "load" does not include items carried on the truck tractor in conjunction with the operation of the vehicle if the load carrying space for these items does not exceed 34 square feet.

Unladen weight means the weight of a vehicle equipped and ready for operation on the road including the body, fenders, oil in motor, radiator full of water, with five gallons of gasoline or equivalent weight of other motor fuel; also equipment required by law, and unless exempted under California Vehicle Code Section 661, any special cabinets, boxes or body parts permanently attached to the vehicle, and any machinery, equipment or attachment which is attendant to the efficient operation of the body or vehicle.

Vehicle means a device by which any person or property may he propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.

B.

Application. These regulations shall apply only in Neighborhood districts and sub-districts as defined in this article.

C.

Regulations. The following regulations shall apply to the parking and/or storage of commercial, oversized and recreational vehicles:

1.

No commercial vehicle, oversized vehicle, or recreational vehicle shall have graffiti while parked or stored on a street or alley within a commercial or residential districts, including on residential and commercial properties within those districts. The registered owner of the commercial vehicle, oversized vehicle, or recreational vehicle is responsible for the removal of graffiti upon being provided 48 hours' written notice by the city. Failure of any person to so remove graffiti shall constitute an additional violation.

2.

Parking and/or vehicle storage is not permitted on unpaved commercial or residential lots except where it is either associated with loading and unloading goods or material when delivered to the property or where the vehicle is parked in connection with providing services to or on the property.

3.

No trailer, truck tractor, or oversized vehicle may be parked on private property, except:

a.

While loading or unloading goods or materials when delivered to the property; and/or

b.

When the vehicle is parked in connection with providing services to or on the property.

4.

Recreational vehicles may be parked and/or stored on private property, subject to the following:

a.

A maximum of one recreational vehicle may be parked and/or stored in a front yard setback or a residential driveway, provided that all of the following are met: (1) The entire recreational vehicle fits over a paved surface; (2) The recreational vehicle is parked and/or stored behind a public sidewalk, where applicable; (3) The recreational vehicle is parked and/or stored behind the property line and does not encroach into a public parkway containing a sidewalk; and (4) Where there is no sidewalk the recreational vehicle is parked at least eight feet from the face of the curb, or eight feet from the beginning of the paved street.

b.

Notwithstanding limitations on paved surfaces in front yard setbacks, a paved surface used for the lawful parking and/or storage of a recreational vehicle shall combined with existing lawful driveways shall generally not exceed 40 percent of the total width of the front yard setback. Installation of more than one driveway or combined driveways may be permitted subject to the submittal and approval of a temporary use permit and shall be in accordance with section 88.36.100. Driveway locations and ultimate widths shall be established as part of the temporary use permit.

c.

Recreational vehicles may be parked and/or stored on side yards, as long as the entire recreational vehicle is parked and/or stored on a paved surface and there is a clearance of not less than three feet from the residential structure over the entire length of the recreational vehicle.

d.

Recreational vehicles may be parked and/or stored on rear yards, as long as the entire recreational vehicle is parked and/or stored on a paved surface and there is a clearance of not less than three feet from all parts of the residential structure.

e.

Recreational vehicles parked or stored in front yard driveways must be parked perpendicular to the front yard property line and where possible facing forward for safer egress into the public right-of-way.

f.

Recreational vehicles parked and/or stored in a front yard driveway must be registered and operational. Recreational vehicles shall be maintained clean and in repair and shall not leak any fluids (oil, coolant, etc.). No person shall dump or dispose of any recreational vehicle waste except in certified waste disposal canisters.

g.

Recreational vehicles that are stored on property may be protected with an appropriate cover. An appropriate cover shall be a snap-up cover or snug zip-up cover made of canvas, polyester, vinyl or other weather resistant material, customized to fit over the recreational vehicle. No recreational vehicle shall be parked or stored anywhere on the property under a temporary accessory structure (i.e., canopy, tent, tarp, or similar structure).

h.

Recreational vehicles may be temporarily connected to an electrical outlet only while parked within the private property for a period not to exceed 72 hours and for the sole purpose of loading and unloading the recreational vehicle and getting it ready for a trip.

5.

Commercial vehicles may be parked and/or stored on private residential property, subject to the following:

a.

Commercial vehicles may not exceed gross weight of more than 6,000 pounds, unless:

i.

While loading and unloading goods or materials when delivered to the property; and/or

ii.

When the vehicle is parked in connection with providing services to or on the property.

b.

Commercial vehicles may not exceed eight feet in total outside width, or seven feet in height (including any load thereon), or 21 feet in length in total bumper to bumper length.

(Ord. No. 08-O7, § 3, 6-16-08; Ord. No. 2016-O2, Exh. B, 5-16-16)

The regulations established by this chapter are intended to appropriately limit the placement, type, size, and number of signs allowed within the city, and to require the proper maintenance of signs. The purposes of these limitations and requirements are to:

A.

Avoid traffic safety hazards to motorists, bicyclists, and pedestrians, caused by visual distractions and obstructions;

B.

Promote the aesthetic and environmental values of the community by providing for signs that do not impair the attractiveness of the city as a place to live, work, and shop;

C.

Provide for signs as an effective channel of communication, while ensuring that signs are aesthetically proportioned in relation to adjacent structures and the structures to which they are attached; and

D.

Safeguard and protect the public health, safety, and general welfare.

A.

Signs Regulated. The requirements of this chapter shall apply to all signs in all zoning districts.

B.

Applicability to Sign Content. The provisions of this chapter do not regulate the message content of signs (sign copy), regardless of whether the message content is commercial or noncommercial. In each instance and under the same conditions under which this chapter permits any sign or commercial message, a noncommercial message or sign may be substituted.

C.

Definitions. Definitions of the specialized terms and phrases used in this chapter may be found in Article 7 (Glossary) under "Sign."

(Ord. No. 2020-02, § 3, 2-3-20)

A.

Sign Permit and/or Master Sign Plan Required.

1.

Approval Required. No sign shall be constructed, installed, or modified, unless a sign permit and, where applicable a master sign plan approval is first obtained in compliance with this section, or the sign is allowed without sign permit by Section 88.38.035 (Exemptions from Sign Permit Requirements).

2.

Compliance with Standards Required. No sign permit or master sign plan shall be approved for an existing or proposed sign unless the sign is in compliance with all applicable requirements of this chapter.

3.

Building Permit Required. A building permit may also be required.

4.

Compliance with Permit and/or Plan Required. After approval of a sign permit and/or sign plan, each sign site shall comply with the permit and plan.

5.

Temporary Signs. Temporary signs shall comply with Section 88.38.070.G (Temporary signs).

B.

Review Authority. The director shall review all sign permit and master sign plan applications and approve only those that comply with the findings required in subsection E. (Findings for approval).

1.

Timing of Decision. Sign permits and master sign plans shall be approved by the director within 30 days of their applications being found complete in compliance with 88.50.060 (Initial Application Review), except that where the proposed signs are for a project requiring minor use permit approval, the sign permit or master sign plan shall be approved or denied at the same time as the minor use permit application.

2.

Commission Referral on Use Permit Project. The director may also refer a sign permit application to the commission for review and decision at the same time as commission consideration of a use permit for the same project.

3.

Conditions of Approval. The review authority may require conditions of approval that are deemed reasonable and necessary to achieve the purpose, intent, and objectives of this chapter.

4.

Appeal. Decisions to approve or deny applications for sign permits and master sign plans may be appealed in compliance with Chapter 88.56 (Appeals).

C.

Sign Permit Procedures.

1.

Application Requirements. An application for a sign permit shall be prepared by the property owner, filed, and processed in compliance with Chapter 88.50 (Planning Permit Filing and Processing).

2.

Application Contents. Each application shall include all of the following:

a.

Plans for the sign, drawn to scale, showing the proposed location of the sign in relation to other signs on the site and adjacent properties, structures, and uses;

b.

A complete color scheme for the sign, and design drawing of the sign;

c.

Sufficient other details of the proposed sign to show that it complies with the provisions of this chapter;

d.

Written permission from the property owner for the placement of the proposed signs on the site;

e.

Computation of the total sign area, the area of each individual sign, the height of each sign, and the total number of existing and proposed signs on the parcel;

f.

An accurate indication on the plot plan of the proposed location of each present and future sign of any type, whether requiring a permit or not;

g.

If a sign permit application is filed for a site where signs exist, the application shall include a schedule for bringing into conformance within three years of the application date, all signs not conforming with the requirements of this chapter as of the date of application; and

h.

Other information as required by the department.

D.

Master Sign Plan Required.

1.

When Required. A master sign plan shall be required for:

a.

A new nonresidential project with four or more tenants;

b.

A site where the total area of signs for any use exceeds 100 square feet; or

c.

Major rehabilitation work on an existing nonresidential project with four or more tenants, that involves exterior remodeling, and/or the application proposes modification to 50 percent or more of the existing signs on the site within a 12-month period. For the purposes of this chapter, major rehabilitation means adding more than 50 percent to the gross floor area of the structure(s), or exterior redesign of more than 50 percent of the length of any facade within the project.

Each sign installed or replaced within the nonresidential project shall comply with the approved master sign plan.

2.

Content of Plan.

a.

A sign plan shall include all the information and materials required by subparagraph C.2 (Application contents), and shall provide standards for the uniform style, construction, height, size, and placement of signs within the proposed project.

b.

A master sign plan shall be included with any planning permit required by the city for the development of the parcel on which the sign is proposed to be located, and shall be processed simultaneously with the other plan;

E.

Findings for Approval. The approval of a sign permit or master sign plan shall require that the review authority first make all the following findings, as applicable.

1.

Sign Permit Findings. The proposed sign complies with the standards of Sections 88.38.060 (Zoning District Sign Standards) and 88.38.070 (Standards for Specific Types of Signs), and is in substantial conformance with the design criteria in Subsection 88.38.050.G (Design criteria for signs).

2.

Master Sign Plan Findings. The proposed signs:

a.

Are consistent with the purposes of this chapter in Section 88.38.010;

b.

Comply with all applicable standards and requirements of in this chapter, including Sections 88.38.050 (General Requirements for All Signs) through 88.38.070 (Standards for Specific Types of Signs);

c.

Are of a color, height, letter type, location, material, shape, size, and style that is appropriate for the use of the premises, enhancing to the premises, and harmonious with the surrounding neighborhood.

F.

Expiration and Extension of Sign Permit or Approval.

1.

Approval of a sign permit or sign plan shall expire 12 months from the date of approval unless the sign has been erected or a different expiration date is stipulated at the time of approval. Before the expiration of a sign permit, the applicant may apply to the department for an extension of an additional 12 months from the original date of expiration. The director may make minor modifications, or may deny further extensions of the approved sign at the time of extension.

2.

The expiration date of the sign permit or sign plan shall be automatically extended to concur with the expiration date of the companion building permit or other applicable permits.

The following signs are allowed without sign permit or master sign plan approval, provided that they comply with Section 88.38.050 (General Requirements for All Signs), and any required building permit is obtained.

A.

Nonstructural Modifications and Maintenance.

1.

Modifications to sign copy on conforming signs, or changes to the face or copy of conforming changeable copy signs;

2.

Nonstructural modifications of the face or copy of an existing conforming sign installed in compliance with a sign plan; provided, the modifications are consistent with the approved master sign plan; and

3.

The normal maintenance of conforming signs, except as identified in Subsection 88.38.080.B (Maintenance and changes).

B.

Temporary Signs. The following temporary signs are allowed, subject to the approval of a temporary sign permit from the Economic and Community Development Department, Planning Division, of the City of Azusa.

1.

Real Estate Signs. Real estate signs are allowed without a sign permit in compliance with California Civil Code Section 713, and subject to the following requirements.

a.

Districts, Corridors and Neighborhood Centers. Properties within the districts, corridors and neighborhood centers identified by Article 2 (Urban Standards) shall be allowed one, two-sided real estate sign, of no more than six square feet each side, with a maximum height for freestanding signs of six feet, for each parcel frontage.

b.

Neighborhoods. Properties within the neighborhoods identified by Article 2, other than neighborhood centers, are allowed the following real estate signs.

(1)

On-Site Signs. One residential real estate sign not more than six square feet in area, advertising the sale or lease of a parcel or structure, may be located on the property it advertises.

(2)

Off-Site Directional Signs. Off-site real estate directional signs not more than six square feet in area may be located on private property, provided that they do not obstruct or impede pedestrian or vehicular traffic, and are not secured to prevent removal. No real estate sign shall be permitted within the public right-of-way.

2.

Political or Social Issue Signs. Political or social issue signs are allowed without a sign permit provided that the signs:

a.

Are placed on private property, and shall not exceed a total aggregate area of:

(1)

Residential zoning district: 24 square feet; and

(2)

Nonresidential zoning district: 80 square feet.

b.

May only be installed on private property with the property owner's consent;

c.

Shall be removed within ten days after the conclusion of the political campaign or event to which they relate;

d.

Signs not removed shall be removed by the city at the expense of the political candidate or organization involved;

e.

Are not placed within 15 feet of a fire hydrant, street sign, or traffic signal, or interfere with, confuse, obstruct, or mislead traffic;

f.

Are not placed unlawfully. Placement of signs in the public right-of-way in violation of this chapter or any other provisions of the Municipal Code is a nuisance, and any signs so placed may be removed summarily and disposed of by the city, after reasonable notice is provided to the candidate or political organization that sponsored the sign.

3.

On-Site Human Directional and Advertising Signs. On-site human directional and advertising signs shall be permitted on the same property as the sign directs or advertises. Such signs shall not be carried in a manner that creates a safety hazard to patrons of the property upon which such sign is carried.

C.

Civic and Governmental Signs. Signs installed or authorized by the city, county, or a federal or state governmental agency, including but not limited to the following:

1.

Emergency and warning signs necessary for public safety or civil defense;

2.

Traffic signs erected and maintained by an authorized public agency;

3.

Legal notices, licenses, permits, and other signs required to be displayed by law;

4.

Signs showing the location of public facilities (e.g., public telephones, restrooms, and underground utilities).

5.

Any sign, posting, notice, or similar sign placed by or required by a governmental agency in carrying out its responsibility to protect public health, safety, and general welfare.

6.

Signs identifying one or more of the following entities:

a.

Services clubs, such as Rotary, Kiwanis, etc.;

b.

City districts or points of interest;

c.

Charitable organizations;

D.

Miscellaneous Signs.

1.

Address numbers not exceeding 12 inches in height;

2.

Official flags.

a.

Flags of national, State, or local governments, or nationally recognized religious, fraternal, or public service agencies; provided that the length of a flag other than the U.S. flag shall not exceed one-fourth the height of the flag pole, and the flag is not used for commercial advertising.

b.

The maximum allowed height of a flag pole shall be:

(1)

Residential zoning district: 12 feet; and

(2)

Nonresidential zoning district: 30 feet.

c.

No private flag pole shall be located within the public right-of-way.

3.

Symbols, pictures, patterns, and illumination approved as architectural ornamentation or decoration by the review authority;

4.

Historical plaques erected and maintained by non-profit organizations, memorials, building cornerstones, and date-constructed stones, provided that none of these exceed four square feet;

5.

Service station price signs required by state law;

6.

Holiday window displays;

7.

On-site human directional signs. Provided that such signs shall not be carried in a manner that creates a safety hazard to patrons of the property upon which such sign is carried.

(Ord. No. 06-O6, § 1B, 8-7-06; Ord. No. 08-O7, §§ 4—6, 6-16-08; Ord. No. 10-O1, § 11, 3-1-10)

All signs not expressly allowed by this chapter shall be prohibited. Examples of prohibited signs include the following:

A.

Abandoned signs;

B.

Animated signs, including electronic message display signs whose message changes more frequently than once every five minutes, and variable intensity, blinking, or flashing signs, or signs that emit a varying intensity of light or color, except time and temperature displays (which are not considered signs). An electronic message display, including time, date, temperature, weather, directional information, or other public service messages of interest to the general public, where the display changes less frequently than once every five minutes, shall not be considered an animated sign. Notwithstanding the above restrictions, the existing reader board sign on Azusa Avenue and the I-210 Freeway, as maintained or remodeled, shall be exempt from the above provision.

C.

Balloons and other inflatable devices, except on a site owned by the city and except as provided for in Subsection 88.38.070.F. Temporary signs;

D.

Billboards (e.g. permanent off-site signs), except as approved as part of a billboard relocation agreement pursuant to the terms of this chapter;

E.

Can (cabinet) signs, except that an internally illuminated metal frame sign with a face that consists of a company logo is permitted when used in conjunction with a sign comprised of individual letters;

F.

Moving signs, except barber poles;

G.

Obscene signs, as obscenity is defined by state law;

1.

Off-site human directional and advertising signs.

H.

Pennants and streamers, except in conjunction with an athletic event, carnival, circus, or fair, or as allowed in Subsection 88.38.070.F (Temporary signs);

I.

Pole signs, and other freestanding signs over six feet in height, except for freeweay signs in compliance with Subsection 88.38.070.C and Route 66 themed signs in compliance with Page 2-59 and Section 2.6.4 of the TOD Specific Plan;

J.

Roof mounted signs, except for Route 66 themed signs in compliance with Page 2-59 and Section 2.6.4 of the TOD Specific Plan Section;

K.

Because of the city's compelling interest in ensuring traffic safety, signs that simulate in color, size, or design, any traffic control sign or signal, or that make use of words, symbols, or characters in a manner that interferes with, misleads, or confuses pedestrian or vehicular traffic;

L.

Signs in the form or shape of a directional arrow, or otherwise displaying a directional arrow, except as approved by the review authority, or as may be required for safety and convenience and for control of vehicular and pedestrian traffic within the premises of the subject use;

M.

Signs attached to or suspended from a boat, float, vehicle, or other movable objects parked within a public right-of-way, or in a location on private property that is visible from a public right-of-way, except a sign painted directly upon, magnetically affixed to, or permanently affixed to the body or other integral part of the vehicle;

N.

Signs burned, cut, or otherwise marked on or otherwise affixed to a hillside or tree;

O.

Signs with reflective material;

P.

Signs within the public right-of-way, except as provided by Subsection 88.38.050.E (Signs placed within the public right-of-way).

Q.

Signs in storage or in the process of assembly or repair, located outside on premises other than that advertised in the signs, that are visible from a public right-of-way; and

Figure 3-6 - Sign Area Measurement

R.

Temporary and portable signs, except as specifically allowed by Subsection 88.38.070.F (Temporary signs).

(Ord. No. 06-O6, § 1B, 8-7-06; Ord. No. 08-O7, § 7, 6-16-08; Ord. No. 2016-O6, § 2, 9-19-16; Ord. No. 2017-05, § 4, 7-17-17)

The following rules shall govern the computation of sign area:

A.

Sign Area Measurement. The measurement of sign area to determine compliance with the sign area limitations of this chapter shall occur as follows.

Figure 3-7 - 3-D Measurement

1.

Surface Area. The surface area of a sign shall be calculated by enclosing the extreme limits of all framing, emblem, logo, representation, writing, or other display within a single continuous perimeter composed of squares or rectangles with no more than eight lines. See Figure 3-6.

2.

Sign Structure. Supporting bracing or framework that is clearly incidental to the display itself shall not be computed as sign area.

3.

Multi-Faced Signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces; except that where the two faces are parallel and not separated by more than one foot, only the area of one face shall be counted.

Figure 3-8 - Sign Height Measurement

4.

Three-Dimensional Objects. Where a sign consists of one or more three-dimensional objects (e.g., balls, cubes, clusters of objects, sculpture, or statue-like trademarks), the sign area shall be measured as their maximum projection upon a vertical plane. See Figure 3-7.

5.

Time and/or Temperature Device. The area of a time and/or temperature device incorporated into a sign shall not be included in the calculation of total sign area.

B.

Sign Height Measurement. The height of a sign shall be computed as the vertical distance from the lowest point of the base of the sign at normal grade, to the top of the highest attached component of the sign. See Figure 3-8.

1.

Grade. Normal grade shall be construed to be the lower of either the:

a.

Existing grade before construction; or

b.

Newly established grade after construction, exclusive of any berming, filling, mounding, or excavating solely for the purpose of locating the sign.

2.

Where Normal Grade Cannot be Determined. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumptions that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the parcel, whichever is lower.

C.

Sign Height Limitations.

1.

Maximum Height for Freestanding Signs. A freestanding sign shall not exceed a height of six feet above normal grade, except for a freeway oriented sign in compliance with Subsection 88.38.070.C.

2.

Maximum Height for Signs on Structures. The top of a sign mounted on a structure (e.g., a building wall, or base structure for a freestanding sign), shall not extend higher than the lesser of:

a.

The window sills of the second floor;

b.

The top of the wall to which the sign is attached, in the case of a one-story structure; or

c.

20 feet above normal grade.

See Section 88.38.070.C for exceptions to the above requirements for freeway oriented signs.

D.

Sign Location Requirements. Each sign shall be located in compliance with the following requirements, and all other applicable provisions of this chapter.

1.

Each sign shall be located on the same site as the subject of the sign, except as otherwise allowed by this chapter.

2.

No sign shall project over public property, or the public right-of-way, except where the city has granted an encroachment permit in addition to a sign permit.

3.

No sign shall be placed so as to interfere with the operation of a door or window.

E.

Signs Placed Within the Public Right-of-Way.

1.

No sign shall be posted on a public utility pole, light standard, or tree, or otherwise within the public right-of-way, except for:

a.

Public signs erected by or on behalf of a governmental agency to convey public information, identify public property, post legal notices, or direct or regulate pedestrian or vehicular traffic;

b.

Bus stop signs installed by a public transit company;

c.

Informational signs of a public utility regarding its lines, pipes, poles, or other facilities;

d.

Emergency warning signs erected by a governmental agency, a public utility company, or a contractor doing authorized within the public right-of-way;

e.

A sign installed in conjunction with a city approved sidewalk or parking lot sale or exhibit; or

f.

A sign specifically approved and placed by, or on behalf of, the city, to promote city functions, community and economic development efforts, including business retention efforts undertaken by or on behalf of the city, civic involvement, holiday and patriotic themes.

2.

Placement of these signs shall be subject to specific conditions, contained in a required temporary sign permit, pertaining to secure placement and fastening, duration, and maintenance/cleanup to assure that the signs are securely fastened, provided however, that signs may not be nailed, screwed or stapled to trees and do not create traffic hazards or litter.

3.

Any sign installed or placed within the public right-of-way other than in compliance with this section shall be forfeited to the public and be subject to confiscation.

4.

In addition to other remedies identified in the Municipal Code, the city shall have the right to recover from the owner, or person placing the sign, the full costs related to the removal and disposal of the sign.

F.

Sign Design, Construction, and Maintenance. All signs shall be designed, constructed, and continuously maintained in compliance with the following standards:

1.

Compliance with Applicable Provisions. All signs shall comply with the applicable provisions of the uniform codes of the city, any other applicable city ordinances, resolutions, or regulations, and this chapter.

2.

Permanent Materials and Attachment. Except for banners, flags, temporary signs, and window signs conforming with the requirements of this chapter, 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.

G.

Design Criteria for Signs. The following design criteria shall be used in reviewing the design of individual signs. Substantial conformance with each of the following design criteria shall be required before a sign permit or building permit can be approved.

1.

Color. Colors on signs and structural members should be harmonious with one another and relate to the dominant colors of the other structures on the site. Contrasting colors may be utilized if the overall effect of the sign is still compatible with the structure colors and prevailing colors in the surrounding neighborhood (where a theme can be identified).

2.

Design and Construction.

a.

A proposed permanent sign shall be designed by a professional (e.g., architect, building designer, landscape architect, interior designer, or one whose principal business is the design, manufacture, or sale of signs), or others who are capable of producing professional results.

b.

Each permanent sign shall be constructed by persons whose principal business is building construction or a related trade including sign manufacturing and installation businesses, or others capable of producing professional results. The intent is to ensure public safety, achieve signs of careful construction, neat and readable copy, and durability so as to reduce maintenance costs and to prevent dilapidation.

3.

Materials and Structure.

a.

Sign materials (including framing and supports) shall be representative of the type and scale of materials used on the site of the sign. Sign materials shall match those used on the structure and on other signs.

b.

Materials for permanent signs shall be durable and capable of withstanding weathering over the life of the sign with reasonable maintenance.

c.

The size of the structural members (e.g. columns, crossbeams, and braces) should be proportional to the sign panel they are supporting. In general, fewer larger supporting members are preferable to many smaller supports.

d.

The use of individual letters incorporated into the building design is encouraged, rather than signs with background and framing other than the structure's wall(s).

4.

Street Address. The review authority may require that a sign include the street address of the site, where it determines that public safety and emergency vehicle response would be more effectively served than if the street address were displayed solely on one or more structures on the site.

H.

Copy Design Guidelines. The city does not regulate the message content (copy) of signs; however, the following are principles of copy design and layout that can enhance the readability and attractiveness of signs. Copy design and layout consistent with these principles is encouraged, but not required.

1.

Sign copy should relate only to the name and/or nature of the business or commercial center.

2.

Information should be conveyed briefly or by logo, symbol, or other graphic manner. The intent should be to increase the readability of the sign and thereby enhance the identity of the business.

3.

The area of letters or symbols should not exceed 40 percent of the background area in commercial districts or 60 percent in residential districts.

4.

Freestanding signs should contain the street address of the parcel or the range of addresses for a multi-tenant center.

I.

Sign Lighting. Sign lighting shall be designed to minimize light and glare on surrounding rights-of-way and properties.

1.

External light sources shall be directed and shielded so that they do not produce glare on any object other than the sign, and/or off the site of the sign.

2.

The light illuminating a sign shall not be of an intensity or brightness that will interfere with the reasonable enjoyment of residential properties.

3.

Sign illumination shall not blink, flash, flutter, or change light intensity, brightness, or color.

4.

Colored lights shall not be used at a location or in a manner so as to be confused or construed as traffic control devices.

5.

Neither the direct nor reflected light from primary light sources shall create hazards for pedestrians or operators of motor vehicles.

6.

Reflective-type bulbs and incandescent lamps that exceed 15 watts shall not be used so as to expose the face of the bulb or lamp to a public right-of-way or adjacent property.

7.

Light sources shall utilize hard-wired fluorescent or compact fluorescent lamps, or other lighting technology that is of equal or greater energy efficiency. Incandescent lamps shall be prohibited.

J.

Maintenance of Signs.

1.

Each sign and supporting hardware, including temporary signs, shall be maintained in good repair and functioning properly at all times.

2.

Any repair to a sign shall be of equal or better in quality of materials and design as the original sign.

3.

A sign that is not properly maintained and is dilapidated shall be deemed a public nuisance, and may be abated in compliance with the Municipal Code.

4.

When an existing sign is removed or replaced, all brackets, poles, and other supports that are no longer required shall be removed. When an existing wall sign is removed or replaced, all holes, faded wall surfaces shall be repaired and painted to match the surrounding wall surface.

5.

Unpainted areas shall be painted to match the adjacent portion of the structure or the sign support structure.

K.

Route 66-Themed Signage. Neon tube/LED freestanding/monument and wall signage are required for those parcels fronting onto Route 66 (Foothill Boulevard and Alosta Avenue) in compliance with the Use of Neon Tubing standards outlined on page 2-59 of the Azusa TOD Specific Plan. Only those located within the Route 66 District of the Azusa TOD Specific Plan shall comply with the Maximum Sign Area on page 2-59 of the Azusa TOD Specific Plan. All other signage not identified within the Route 66 District shall comply with the requirements of 88.38.060 (Sign Standards by Area).

(Ord. No. 06-O6, § 1B, 8-7-06; Ord. No. 2020-02, § 3, 2-3-20)

Each sign shall comply with the sign type, area, height, and other restrictions provided by this section, except as otherwise expressly provided in Subsection 88.38.030.F (Signs and sign changes allowed without a sign permit) or Section 88.38.070 (Standards for Specific Types of Signs).

A.

Neighborhoods. Each sign in a NG1, NG2, or NG3 zone established by Article 2 shall comply with the following requirements.

TABLE 3-11. SIGN STANDARDS FOR NEIGHBORHOODS

B.

Districts, corridors, and neighborhood centers. Each sign in the district, corridor, and NC zones established by Article 2 shall comply with the requirements in Table 3-12 in addition to the provisions of Section 88.38.070 (Standards for Specific Types of Signs), as applicable.

Figure 3-9 - Examples of Sign Types

TABLE 3-12. SIGN STANDARDS FOR DISTRICTS, CORRIDORS AND NEIGHBORHOOD CENTERS

;sz=8q; Notes:

(1)

At least one foot below the top of a parapet, the sill of a second floor window, and/or the lowest point of any cornice or roof overhang.

(Ord. No. 06-O6, § 1B, 8-7-06; Ord. No. 10-O1, § 12, 3-1-10; Ord. No. 2020-02, § 3, 2-3-20)

Proposed signs shall comply with the following standards applicable to the specific sign type. Each sign type listed in this section shall be included in the calculation of the total sign area allowed on a parcel by Section 88.38.060 (Sign Standards by Area), unless this section explicitly provides otherwise. Each sign shall also comply with the sign area, height, and other requirements of Section 88.38.060, and all other applicable provisions of this chapter.

A.

Awning Signs. The following standards apply to awning signs in all zoning districts where allowed by Section 88.38.060 (Sign Standards by Area).

Figure 3-10 - Awning Sign

1.

Signs on awnings are limited to ground level or second story occupancies only.

2.

Awnings shall not be internally illuminated. Direct exterior lighting may be allowed. Translucent awning materials are prohibited.

B.

Freestanding Signs. The following standards apply to freestanding signs in all zoning districts where allowed by Section 88.38.060 (Sign Standards by Area).

1.

Multiple signs shall be separated by a minimum of 75 feet to ensure adequate visibility for all signs. The review authority may waive this requirement where the locations of existing signs on adjacent properties would make the 75-foot separation impractical.

Figure 3-11 - Freestanding Sign

2.

A sign shall not project over public property, vehicular easements, or rights-of-way, and shall not obstruct a traffic safety sight area, as determined by the review authority.

3.

To assist emergency response personnel in locating the site, freestanding signs should contain an illuminated street address plate. Numbers should be a minimum of six inches in height. Street address numbers not exceeding six inches in height shall not be included in calculations of allowed sign area.

C.

Freeway-Oriented Signs. A freeway-oriented sign may be approved in compliance with the following requirements.

1.

Permit Requirement. Use permit approval is required for a freeway-oriented sign.

2.

Where Allowed. Use permit approval may allow a freeway-oriented sign on a parcel on the north or south sides of the Interstate 210 freeway only on a parcel abutting the freeway right-of-way.

3.

Design Standards. The review authority shall ensure that an approved freeway sign is no larger or higher than the minimum necessary for reasonable visibility, as determined by the review authority.

4.

Required Findings. The approval of a use permit for a freeway-oriented sign shall require that the commission first find that the use or site cannot be adequately identified by other signs allowed within the applicable zoning district, in addition to the other findings required for use permit approval by Section 88.51.040.

D.

Murals. A mural placed on the wall of a structure may be allowed in any commercial or industrial zoning district subject to minor use permit, and as follows.

1.

A mural without text visible from a public right-of-way may be approved in addition to (not counted as part of) the sign area allowed by Section 88.38.060 (Sign Standards by Area); a mural with text shall comply with the sign area limitations applicable to the site.

2.

Murals that illustrate the local setting and history as sources of inspiration are encouraged.

3.

The approval of a mural shall require that the review authority first find that the size, colors, and placement of the mural are visually compatible with the structure architecture, and that the mural will serve to enhance the aesthetics of the city.

E.

Projecting Signs. The following standards apply to projecting signs in all zoning districts where allowed by Section 88.38.060 (Sign Standards by Area).

Figure 3-13 - Projecting Sign

1.

The maximum projection of a sign from a structure wall over a public right-of-way shall not exceed 36 inches over a sidewalk. Larger projections from the structure wall over private property may be approved by the review authority. Any projection over a public right-of-way shall require an encroachment permit.

2.

The top of a projecting sign shall not exceed the lesser of 14 feet, eave height, parapet height, or sill height of a second floor window. No portion of the sign shall project above the eave line of a sloped roof or the top of the parapet on a flat roof.

3.

A projecting sign shall maintain a minimum clearance of eight feet from the bottom of the sign to the finished grade below.

4.

Icon signs using shapes or symbols uniquely suited to the business, creative shapes, and three-dimensional signs are encouraged. See Figure 3-14.

Figure 3-14 - Use of Icons/Symbols

5.

Each sign shall be graphically designed for pedestrians, with a maximum area of nine square feet on each sign face, regardless of the length of the building frontage.

6.

Sign supports shall be well-designed and compatible with the design of the sign.

7.

Interior illuminated boxed display signs (i.e., "can" signs) are prohibited.

F.

Temporary signs. The following temporary signs are allowed subject to the approval of a temporary sign permit from the Planning Division. All temporary signs shall be maintained in good repair and properly secured so as not to create a public safety hazard.

1.

Banners and Pennants. Temporary banners and pennants on the site of a non-residential use shall comply with the following requirements.

a.

A licensed business may be allowed the use of banners and/or pennants with temporary sign permit approval, only as follows:

(1)

For a maximum of 30 days after the first opening of the business on the site, or a change in the ownership of the business; and

(2)

For a maximum aggregate total of 30 days in any calendar year, in addition to the time allowed by Subsection F.1.a(1).

b.

The application for a temporary sign permit for banners or pennants shall include the dates proposed by the applicant for scheduled banner use.

c.

A bond shall be posted for a banner permit as required by the director. The bond may be revoked if the temporary banners are not removed within two days following their scheduled use.

2.

Construction Signs. Construction identification signs may be allowed in all zoning districts with sign permit approval, in compliance with the following standards:

a.

Only one sign, per street frontage located on-site, shall be allowed;

b.

The area and height of the sign shall not exceed;

c.

The sign shall not be illuminated.

3.

Off-Site Directional Signs. Because of the city's compelling interest in ensuring traffic safety, and the city's interest in improving public convenience, off-site directional signs may be allowed in compliance with the requirements of this subsection, and subject to the approval of a sign permit.

a.

Where Allowed. A directional sign may be approved within the districts and corridors established by Article 2, only on sites where:

(1)

The review authority determines that a property owner has taken advantage of all permanent signs allowed by this chapter, and site visibility remains seriously impaired; and

(2)

The structure to which directions are being provided is on a parcel that is located more than 150 feet from a predominant public street frontage, the site is developed with all other signs allowed by this chapter, and the business entry and the other exterior signs allowed for the site by this chapter are not visible from the predominant public street. The "predominant public street" is the major vehicular route that provides access to the site and surrounding area.

b.

Sign Standards. An approved directional sign shall comply with all the following requirements, the other standards of this section for the type of sign being proposed (e.g., freestanding, projecting, wall, etc.), and the sign standards for the applicable zoning district in Section 88.38.060 (Sign Standards by Area).

(1)

Number, Size, and Height Limitations. Only one off-site directional sign shall be allowed. The sign shall not exceed an area of four square feet.

(2)

Design and Construction Standards. The appearance of the sign, including any graphics and/or text, will reflect attractive, professional design, and that the sign will be durable and stable when in place.

(3)

Placement Requirements. The sign shall be placed only on private property, at the location specified by the sign permit.

4.

Subdivision Directional Signs, Off-Site. Off-site signs providing directions to a new subdivision may be allowed with sign permit approval and shall comply with the following standards:

a.

The signs shall be located on private property (not within any public right-of-way) except in accordance with subdivision g. below;

b.

The total area of each sign shall not exceed 12 square feet;

c.

The height of each sign shall not exceed six feet;

d.

The signs shall not be illuminated;

e.

The signs may be displayed only during the two years following date of recreation of the final map, or until all of the units have been sold, whichever first occurs; and

f.

The signs shall not affect pedestrian or vehicular safety.

g.

For subdivisions consisting of more than 100 parcels, subdivision directional signs may be located within a public right-of-way pursuant to a master sign plan. The number, height and size of each sign shall be established through the approval of the master sign plan.

5.

Subdivision Signs, On-Site. On-site subdivision identification signs may be allowed with sign permit approval, in compliance with the following standards:

a.

A maximum of two on-site signs may be located within the project boundaries; provided, no more than one sign for each street frontage is allowed, and multiple signs shall be separated by a minimum of 75 feet.

b.

The area of each sign shall not exceed 24 square feet;

c.

Sign height shall not exceed six feet;

d.

The signs shall not be illuminated; and

e.

The signs may be displayed only during the two years following date of recordation of the final map, or until all of the units have been sold, whichever first occurs.

6.

Balloon Signs and Other Inflatable Devices. Balloons and other inflatable devices on private property shall be allowed with a temporary sign permit for a maximum of 30 days per year.

7.

Additional Temporary Sign Standards and Guidelines.

a.

Temporary signs shall not be placed over public property or public rights-of-way.

b.

Temporary signs shall not interfere with the operation of doors or windows.

c.

Temporary signs shall not be posted on public facilities (i.e., utility poles, light standards, sign posts, trees, etc.)

d.

Suspended temporary signs shall be at least eight feet above walking surfaces and 16 feet minimum above driving surfaces.

e.

Temporary wall or suspended signs shall not exceed ten percent the total square footage of the surface of the front building facade and may be mounted on any building wall surface.

f.

Temporary window signs shall not exceed the maximum 20 percent coverage of the total window area, including any permanent window signs.

G.

Wall Signs. The following standards apply to wall signs in all zoning districts where allowed by Section 88.38.060 (Sign Standards by Area).

Figure 3-15 - Wall Sign

1.

A wall sign may be located on any primary or secondary structure frontage.

2.

The area of the largest wall sign shall not exceed seven percent of the area of the building facade on which the sign is mounted or painted, including the area of windows, doors, and recesses.

3.

A wall sign shall not project more than 12 inches from the surface to which it is attached.

H.

Window Signs. The following standards apply to permanent window signs where allowed by Section 88.38.060 (Sign Standards by Area).

1.

Maximum Sign Area. Permanent window signs shall not occupy more than 20 percent of the total window area.

2.

Sign Location. Signs shall be allowed only on windows located on the ground level and second story of a structure frontage.

Figure 3-16 - Window Sign

3.

Sign Materials. Signs shall consist of individual letters, logos, or symbols applied to, stenciled on, or etched into the glass surface; however, neon signs with transparent backgrounds may be hung inside the window glass.

(Ord. No. 06-O6, § 1B, 8-7-06; Ord. No. 08-O7, §§ 8, 9, 6-16-08; Ord. No. 2020-02, § 3, 2-3-20)

A nonconforming sign is any permanent or temporary sign that was legally established and maintained in compliance with the provisions of all applicable laws in effect at the time of original installation but that does not now comply with the provisions of this Development Code.

A.

General Requirements. A nonconforming sign shall not be:

1.

Changed to another nonconforming sign;

2.

Structurally altered to extend its useful life;

3.

Enlarged;

4.

Re-established after a business is discontinued for 30 days; or

5.

Re-established after damage or destruction to 50 percent or more of the value of the sign, or its components, as determined by the building official.

B.

Maintenance and Changes. Sign copy and face changes, nonstructural modifications, and nonstructural maintenance (e.g., painting, rust removal) are allowed without a sign permit up to a maximum of 25 percent of the existing total area of the sign. Face changes not including copy, and any nonstructural modifications exceeding 25 percent of the existing total area of the sign, and any structural changes shall comply with all applicable standards of this chapter.

A.

Intent and Purpose. Billboards are recognized as a legitimate form of commercial advertising in the city. However, the size, number, location and illumination of billboards can have significant influence on the city's visual character, and can, without appropriate control, create or contribute to visual blight conditions. The purpose of this section is to provide the parameters under which existing billboards may be relocated and reconstructed subject to reasonable controls, while recognizing that community appearance is an important factor in ensuring the general community welfare. Nothing herein shall affect the right of any billboard in existence as of the date that this section becomes effective to continue to exist pursuant to an agreement or as a legal nonconforming use to be maintained pursuant to such agreement or in conformance with this chapter.

B.

General Requirements.

1.

The requirements of this section shall apply to any off-site sign (billboard) project involving the installation or construction of relocated billboard, or the expansion, modification, or digitization of an existing billboard, or the addition of additional face(s) to an existing billboard within the city. Relocated billboards shall be permitted in the city only after an agreement has been negotiated and executed between the billboard operator/owner and city and a permit has been issued in accordance with the terms of this chapter. The agreement may include compensation to be paid to the city or the provision of other public benefits to be provided as a result of the relocation, installation and operation of any billboard or modification of an existing billboard within the city. All relocated billboards constructed shall comply with this chapter and all applicable requirement of the California Business and Professions Code and the California Code of Regulations.

An owner or entity proposing an agreement for relocation shall establish that the relocated billboard meets one or more of the following eligibility requirements:

a.

The billboard proposed for complete demolition and relocation is the subject of any eminent domain action or threat of eminent domain action by a legally created public entity possessing eminent domain/condemnation authority and provides public benefits for such relocation ; or

b.

The applicant chooses to completely demolish and relocate an existing billboard, including a legal nonconforming billboard, to a more suitable location so as not to conflict with the proposed development or redevelopment of the property and provides public benefits for such relocation as negotiated in the agreement; or

c.

The applicant chooses to completely demolish and relocate an existing billboard, including a legal nonconforming billboard, to a more suitable location within the city that lessens the overall negative aesthetic impacts on the city and its residents and provides public benefits for such relocation; or

d.

The applicant has previously removed and completely demolished one or more billboards and maintains credits for such removal by the California Department of Transportation pursuant to California Business and Professions Code, Section 5443.5 and such relocation benefits the City of Azusa; or

e.

The applicant proposes to enhance, improve and modify an existing billboard already established within the city for the purpose of modernizing and improving the aesthetic appearance of such billboard.

2.

In the event of any conflict between any provision contained in this chapter and any other provisions contained elsewhere in this code, the provisions of this chapter shall govern.

3.

No billboard shall be approved and no existing billboard shall be modified without the applicant first providing proof of legal or equitable interest in the site proposed for relocation or modification, including, but not limited to a lease, easement or other entitlement, demonstrating the right to install and operate the billboard on the subject property for the term desired. Information to be provided shall including the written consent of the property owner if not readily ascertainable from the foregoing documents.

4.

All billboard agreements shall include requirements that applicants obtain all additional federal and/or state permits for installation. Nothing contained in this chapter shall require the city to negotiate and/or approve an agreement on terms that are unacceptable to the city council.

5.

Physical Requirements.

a.

The minimum distance between two or more billboards placed within the shall be the same as the minimum distance and separation criteria established by the California Department of Transportation (Caltrans). All distances shall be measured from the vertical centerline of each billboard face.

b.

All utilities for each billboard shall be underground.

c.

No billboard shall have more than one face (display surface) oriented in the same vertical plane.

d.

All billboards shall plainly display, and be visible from no less than 100 feet, the name of the person or company owning or maintaining it and the billboard identification number.

e.

All billboards shall be placed at least 100 feet from any single family residential zone. The measurement shall be from the closest edge of the billboard to the closest edge of the single family residential zone or closest property line on which a single family residential use is located.

C.

Application Requirements; Review Procedures.

1.

Application requirements. In addition to the application requirements for sign permits required by this chapter and code, a person or entity wishing to enter into a billboard relocation agreement shall submit a request in writing for approval of an Agreement that includes the following:

a.

The name, address phone number and other contact information of the person or entity proposing the agreement.

b.

Identification of the location proposed for a new or relocated or modified billboard and the billboard(s) being permanently removed, where applicable;

c.

Information that establishes that the person or entity proposing the agreement has legal or equitable interest in the billboard being removed or modified and the site proposed for relocation or placement.

d.

Conceptual design drawings for the billboards that includes technical specifications to determine the billboard's compliance with this chapter.

e.

An explanation of the compensation to be paid or public benefits to be provided to the city.

f.

The application must include photos of all existing signage or architectural renderings and elevations of proposed billboards as well as a scaled plot plan and elevations showing the locations of all existing structures and improvements on the property, and the proposed billboard.

2.

The applicant must pay a filing fee in accordance with an approved resolution. This fee shall be in addition to any other required fees for permits relative to the development of the property and shall be for the purpose of defraying the costs associated with city review and action on the application.

3.

Review process. All agreements shall be reviewed by the planning commission at a duly notice public hearing. The public hearing shall be noticed in the same way that conditional use permits and variances are noticed pursuant to this chapter. The planning commission shall review the agreement and, after a duly noticed public hearing, make a recommendation to city council, based on current development standards, the location of the proposed relocated or modified billboard and whether the proposed relocated or modified billboard meets the findings contained in this section.

At a city council meeting held no later than 45 days after the planning commission makes its recommendation, the city council shall review and consider the agreement, at a duly noticed public hearing. The hearing before the city council shall be noticed the same as any conditional use permit and may be continued from time to time. In order to approve a request for an agreement, the city council shall make the following findings for approval of an agreement:

a.

The proposed agreement is consistent with the goals, objectives, purposes and provisions of the general plan, the development code and any applicable specific plans;

b.

The proposed agreement would promote installation of a billboard that is compatible with the uses and structures on the site and in the surrounding area, considering the scale and materials of adjacent buildings, the desired character of the neighborhood, district, or corridor where the billboard is located, and pedestrian orientation.;

c.

The proposed agreement authorizes the installation of a billboard that would not create a traffic or safety problem, including problems associated with onsite access circulation or visibility;

d.

The proposed agreement for installation would not interfere with onsite parking or landscaping required by city ordinance or permit; and

e.

The proposed agreement does not promote construction of a billboard that would not otherwise result in a threat to the general health, safety and welfare of city residents.

f.

The proposed billboard, in addition to its aesthetic treatment, provides public benefits that would not otherwise accrue to the public in the absence of its installation.

(Ord. No. 2016-O6, § 3, 9-19-2016)

Any permit issued or denied in compliance with this chapter shall be subject to expedited judicial review to the extent provided by the time limits identified in Code of Civil Procedure Section 1094.8 et seq.

This chapter shall be known and cited as the Azusa Art in Public Places Program, the intent and purpose of which is to enhance the physical appearance of the community by facilitating and promoting opportunities to provide for cultural enhancement. The art in public places program also has the following goals: to distinguish Azusa as a special place to live, work, play, and visit; to integrate the vision of artists with the perspective of other design professionals into the planning and design of the urban landscape; to provide every member of the community easy visual access to artworks from vehicles on major public streets; to provide a means to counterbalance what many consider to be the "negative" effects of development (e.g. construction noise, traffic, congestion, and pollution); and to strengthen cultural awareness, creativity, and innovative thinking in the community.

(Ord. No. 09-O4, § 3, 9-8-09)

For purposes of this chapter:

A.

"Commission" means the Azusa Art in Public Places Commission, as established in Azusa Municipal Code sections 2-386 through 2-391.

B.

"Development Project" means any development project subject to the program.

C.

"Program" means the Azusa Art in Public Places Program established pursuant to this chapter.

D.

"Project Applicant" means the individual or entity subject to and required to submit an application to the commission under the program.

(Ord. No. 09-O4, § 3, 9-8-09)

The city council makes the following findings in connection with the adoption of this ordinance and the fees established herein:

A.

The purpose of this chapter is to promote the purchase and development of public artwork within the City of Azusa. All in-lieu fees collected shall be used to purchase and develop public artwork within the City of Azusa.

B.

There is a reasonable relationship between the acquisition of artwork through the program and the development projects on which the fees provided by this chapter shall be imposed because (1) artwork will enhance the real property values within the city generally, including the development projects to which the program will apply, and (2) artwork will enhance the aesthetic values of the city as a whole, make the city an attractive place to live and visit, thereby making the city more economically vital.

C.

There is a reasonable relationship between the need for cultural amenities such as art and the development projects to which the program will apply, because the development of real property generally necessitates that additional costs be incurred and amenities be provided to provide for harmonious and aesthetically pleasing environments created by the development project.

D.

The amount of the art allocation is reasonably related to the artwork to be acquired because the amount of the fee increases as the value of the development project to which the program will apply rises, so there will be a direct and proportionate relationship between the size of the development project and the quantity or quality of artwork which can be purchased from the fees generated by the development project to which the program will apply.

(Ord. No. 09-O4, § 3, 9-8-09)

Commercial and industrial development or residential projects of eight dwelling units or more, with a total building project valuation of $750,000.00 or more, are required to select, purchase and install permanent outdoor art at the development site, accessible and visible to the general public from public streets. The required minimum art allocation shall be one percent of the total building construction valuation (excluding tenant improvements), which is determined using the International Conference of Building Officials (ICBO) tables in effect at the time building permits are issued. The maximum art allocation per project will be set at $50,000.00.

All attached and detached additions to an existing commercial or industrial building, with a valuation (for the addition) of $750,000.00 or more shall also comply with the program. (Ord. No. 09-O4, § 3, 9-8-09)

In lieu of providing artwork in accordance with the provisions of this Chapter 88.39, the project applicant may pay the art in public places fee established by separate resolution of the city council. Allocations paid in this manner will be used to provide art in public places elsewhere in the city. Fees collected shall be deposited in the art in public places fund established pursuant to Section 88.39.090.

(Ord. No. 09-O4, § 3, 9-8-09)

The minimum art allocation for each development project is equal to one percent of the total building valuation of a development project. The total building valuation is computed at the time building permits are issued, using the most current Building Valuation Data set forth by the International Conference of Building Officials (ICBO). This information is issued quarterly. Square foot value is based on the type of building construction, the proposed use of the building, and the quality of construction. An initial building valuation is estimated by the city's building official when the developer submits formal application plans to the city's planning division. The building valuation is recalculated when the development project receives building permits.

(Ord. No. 09-O4, § 3, 9-8-09)

The art allocation described in Section 88.39.040 may be used to pay for the following expenditures: the artwork itself, including the artist's fee for design, structural engineering, and fabrication; transportation and installation of the artwork; identification plaque(s) for the artwork; mountings, pumps, motors or subterranean equipment, pedestals, bases, or materials directly necessary for installation of the artwork; lighting specifically illuminating the artwork; art consulting fees which shall not exceed ten percent of the total art allocation; and art appraisals requested by city staff and/or the commission.

(Ord. No. 09-O4, § 3, 9-8-09)

The art allocation described in Section 88.39.040 may not be used to pay for the following expenditures: expenses to locate the artist (e.g. airfare for artist interviews, etc.); architect and landscape architect fees; landscaping around a sculpture, that is not included as part of the artist's sculpture furnishings, including, but not limited to, functional structures, prefabricated water or electrical features not created by the artist, and ornamental enhancements; utility fees associated with activating electronic or water generated artwork; lighting elements not integral to the illumination of the artwork; publicity, public relations, photographs, educational materials, business letterhead or logos bearing artwork image; and dedication ceremonies, including unveilings or grand openings.

(Ord. No. 09-O4, § 3, 9-8-09)

There will be, and there is hereby, established an art in public places fund, which shall be a separate, interest-bearing account for all fees collected under this chapter which shall be called the art in public places fund account. The art in public places fund shall be used solely for the acquisition, installation, improvement, and maintenance of artwork to be displayed in the city, and for the administration of the art in public places program.

(Ord. No. 09-O4, § 3, 9-8-09)

The project applicant is responsible for selecting the artist(s) and artwork, provided both meet the program criteria. The commission shall consider each artist and proposed artwork on a case-by-case basis.

The project applicant may choose to hire an art consultant to assist with the selection of the artist and the application process. The role of the art consultant is to research and present to the project applicant, qualified artists who are able to create an appropriate artwork for their specific project. The art consultant is responsible for providing written and visual collateral on the artist(s) for the application. The project applicant may not apply more than ten percent of the total art allocation toward consulting fees. Consulting fees in excess of ten percent of the allocation shall be absorbed by the project applicant.

(Ord. No. 09-O4, § 3, 9-8-09)

If city staff cannot verify the value of a proposed artwork (by past records of comparable work sold, etc.), the city may choose to have the artist's proposal and/or other completed works appraised by a qualified art appraiser selected by the city. The project applicant shall pay up front for any art appraisal service fees. This expense may be deducted from the total art allocation.

(Ord. No. 09-O4, § 3, 9-8-09)

A.

Plan Review. Upon submittal of a development proposal for plan approval to the city's planning division, the planning division will assess the valuation of the development project. If the development project is valued at $750,000.00 or more, staff will inform the project applicant of the estimated one percent art allocation for the development project. The project applicant will be given full program details including the art in public places policy application. Artwork must be approved prior to issuance of a building permit and in place prior to issuance of a certificate of occupancy.

B.

Artist Selection. If the project applicant chooses to purchase and install artwork rather than pay the art allocation directly to the city, the project applicant must select an artist(s) who meets the program criteria. The project applicant and selected artist should collaborate in packaging the art application for review by the commission.

C.

Commission Review. The project applicant must submit the art in public places application to the city's planning division, which will schedule an appointment with the commission for review of the application.

D.

Notification and Follow-Up. The project applicant shall be notified in writing of the commission's decision within ten days of the review meeting. If the artwork is approved, any outstanding items that must be completed by the installation date will be listed and given to the project applicant.

If the artwork is not approved, the reason(s) for denial will be noted, including possible modifications or additions which could lead to recommended approval. Should the project applicant agree to the modifications, he/she may resubmit an application to the commission for reconsideration. The project applicant may also appeal the commission's decision to the city council in accordance with the appeal process provided in Section 88.39.120(E). Once approved by the city, the project applicant shall inform the city of the approximate date the artwork will be installed.

E.

Appeals. The project applicant must file the city clerk a written request for an appeal within ten days of notification of the commission's recommendation. All items for appeal should be addressed to the city council. Upon filing an appeal, the city clerk shall set the hearing date and notify the applicant. The city council may affirm, reverse, or modify in whole or in part any commission recommendation or requirement. The city council's decision shall be final and conclusive.

F.

Unveiling Plans. The project applicant shall contact the planning division regarding any unveiling or dedication ceremonies for the artwork. An unveiling or dedication is strictly optional. In the event the project applicant chooses to conduct an unveiling or dedication, city staff shall provide the project applicant with an invitation list of city council members and commissioners, and other appropriate guests. City staff shall work with the project applicant to promote press opportunities and public interest in the artwork.

(Ord. No. 09-O4, § 3, 9-8-09)

A.

Artistic Qualifications.

1.

Experience. Artists should be working artists, who have a portfolio which includes outdoor art. Qualified artists should have experience in design concept, fabrication, installation, and long-term durability of large-scale exterior artworks. Artists must be able to successfully collaborate with design teams, architects, art consultants, developers, engineers, fabricators, and landscape architects, and meet scheduled deadlines. Artists should also have experience in negotiating and contracting their work responsibly. Artists who do not meet these criteria will not be approved by the commission.

2.

Verification of Past Works. Artists must be able to verify the value of the proposed artwork, based on their previous and current public art commissions. The commission will look for purchase prices of similar works sold by the artist (by size, medium, etc.) which progressively increase toward, or exceed, the proposed commission amount. The city may request records, including but not limited to, sales contracts, invoices, and payments. Gallery list prices or asking prices of works are not necessarily comparable, as they are not records of a willing buyer. If the value of the proposed art piece cannot be verified (by records of past comparable sold works, etc.), the city may choose, at its sole discretion, to have the artist's proposal and/or other completed works appraised by a qualified art appraiser. This expenditure shall be counted toward the total art allocation, and shall be borne by the developer. The value of the proposed artwork shall be verified prior to commission review as to not delay the approval process.

B.

Artwork Criteria.

1.

Artistic Expression and Innovation. Proposed artworks shall demonstrate how they will effectively engage the public, and invite a "second look." Works engaging to the public are often described as thought provoking, inspiring, entertaining, clever, whimsical, powerful, reflective, or symbolic. Innovation and originality are encouraged and expected. The commission takes interest in the artist's creative thought process in relationship to the specific development project. Therefore, existing works are not generally encouraged. Artists shall be able to thoroughly discuss the following elements of their proposal with the commission: expressive properties (mood, feeling, message, symbolism) and formal properties (balance, emphasis/dominance, repetition/rhythm, unity, form/shape, texture, color).

2.

Scale and Content. Artworks must be appropriate in scale, material, form, and content to their immediate, general, social, and physical environments. The artwork shall not look like an afterthought to the development. The following are not acceptable:

a.

Mass produced reproductions or replicas of original works of art. Exceptions are signed sculptures by the original artist for reproduction. (Edition limit: 5).

b.

Functional equipment, which may be considered part of an amenities package, such as benches, chairs, fountains, etc.

c.

Decorative or ornamental pieces which are not designed by a qualified, acceptable artist, including historical markers or bells, bell towers, obelisks, minor architectural ornamentation, and garden sculpture.

d.

Art as advertisements or commercial signage mixed with imagery.

3.

Permanence and Materials. The following are recommended materials: bronze, stainless steel, high-grade aluminum, hard stone. The following materials are not recommended: Cor-ten steel, wood, soft stone (e.g. alabaster). Other materials not listed may be considered, in the event the artwork application includes a comprehensive maintenance plan, which meets the interest and standards of the commission and staff. Rust proof materials must be used whenever possible. Artists will be asked to provide a breakdown by percentage of metal alloys for bronzes from foundries. Thickness and grade/quality of steel works will be reviewed for rust proof durability. Artists shall take note of which materials (including nuts, bolts, and other metal fixtures) will be in contact with each other that may produce oxidation and rust. Artists must be able to clearly demonstrate the quality, craftsmanship, and durability of their artwork. Substantial consideration shall be given to structural and surface integrity and stability, permanence and weathering, resistance against theft, vandalism, and the probability of excessive maintenance and repair costs. Artworks must be constructed of durable, long-lasting materials that are able to withstand outdoor display, and require low levels of maintenance. When selecting an art piece, project applicants shall keep in mind that property owners are legally responsible for the maintenance of the artwork for its lifetime.

4.

Multiple Editions. If the proposed artwork is one of multiple editions, the applicant shall include the edition number of the piece, and provide the location of all other editions. To maintain the value of the proposed artwork, similar editions may not be publicly displayed within a 50-mile radius of the Azusa Development Project site, unless both the commission and the owner of existing and/or future editions grant permission.

5.

Water Features and Fountains. Water feature pieces, or artwork requiring water, must be conceptually designed by an acceptable, qualified visual artist in order to be considered for the program. The artwork must stand on its own should the water cease to function properly. There must be a demonstrated collaboration between the artist and the water feature design company. The intent of the program is to promote the work of visual artists, not water feature design companies. Water related costs, such as pump and pool construction, will be evaluated by the commission for consideration as part of the overall art allocation. Project applicants are welcome to exceed the arts budget to construct a water feature. However, water features will not be accepted in lieu of the art in public places requirement. No more than 30 percent of the total art allocation may be utilized for water-related costs.

C.

Site and Installation Requirements.

1.

Visibility. Artwork is to be located outdoors and easily visible to both motorists and pedestrians from a major public street. Distance from the artwork to the public street should typically not be greater than 50 feet. Artwork may not be placed near monumental signs, sign walls, bus benches, or utility boxes, as these structures may impede the public's view from the street or diminish the aesthetic value of the artwork. Lettering, symbols or signage are not permitted upon the artwork or its foundation, except as intended by the artist. Visibility to the general public is the key criteria in approval of artwork location. Exceptions can be made for large open or enclosed public areas such as shopping malls, which may have their art piece(s) in an interior public location.

2.

Signage. Permanent signage of any type is not permissible in or around the immediate area of the artwork. This includes the foreground, background, or adjacent areas of the artwork. Signage should not distract or diminish the aesthetics of the artworks, when the public views the artwork from the most accessible vantage points (e.g. intersections, entryways). The commission will review all signage plans and ask the applicant to provide alternative locations should the signage interrupt the public's view.

3.

Lighting and Electrical. Artwork shall be properly lit during evening and nighttime hours. All lighting and electrical elements should be in good working condition and meet all current safety conditions. Lighting and electronic elements, not integral to the sculpture, will not be included as part of the art allocation. Lighting plans must be submitted as part of the application.

4.

Landscaping and Base. Landscaping and art base should be well integrated and securely installed. The sculpture must also be secured to the base. A licensed structural engineer must approve and certify the installation plans as structurally sound, safe, and durable. The base shall only house the artwork and plaque, if applicable.

5.

Identification. Each artwork shall be identified by a cast bronze plaque approximately eight inches by eight inches. The plaque shall be placed in a ground location near the artwork, listing only the title, artist, and date of installation. The Commission must approve any additional plaques that may be requested.

D.

Maintenance. All property owners are responsible for maintaining their artwork for its lifetime and replacing the artwork should it be damaged beyond repair, destroyed, or stolen. The project applicant should demonstrate that the selected artwork is constructed for permanent outdoor display and that provisions have been made for its long-term care.

E.

Damaged Artwork. The property owner is responsible for repairing the artwork in the event of damage and/or vandalism. Artwork damaged or vandalized shall be repaired as closely as possible to the original approved artwork. If repair is needed, the original artist must be given first refusal on repair(s) for a reasonable fee. If the original artist is not available or is unwilling to perform the required repair(s) for a reasonable fee, the owner shall make arrangements for repair(s) with a reputable art conservator. The owner shall be responsible for notifying the commission and city staff of the steps that will be taken to repair the artwork.

F.

Replacement of Artwork. In the event the artwork is destroyed, damaged beyond repair, stolen, or otherwise removed from the site, the owner shall replace the artwork with a new work of art. The owner shall submit an application to the city for review by the commission. The new artwork shall comply with all of the requirements of the program in effect at the time the work is replaced. The allocation for the new (replacement) artwork shall be calculated at one percent of the current total building valuation, as computed by the most current Building Valuation Data set forth by the International Conference of Building Officials (ICBO). The replacement process shall be completed within a six to 12 month time frame unless otherwise agreed to by the city.

G.

Donation of Artwork to City. Although the artwork is located in public view, the intent of the program is for the artwork to be located on private property as part of the fixed assets of that property. Therefore, the city does not encourage the donation of public art to the city. However, in special cases where it is impossible for artwork to remain on private property and/or be maintained by the property owner, the city may consider accepting the donation of an artwork. Property owners may submit a written request to the commission describing the unique circumstances and the reasons why they are requesting that the city accept the donation of the artwork. The commission will review their request, discuss the proposal and forward a recommendation to the city council.

(Ord. No. 09-O4, § 3, 9-8-09)