The specific and detailed development standards included in this division are supplementary provisions intended to provide clarification and amplification of the provisions and standards governing development in each zone. (Ord. 806 § 1, 2007).

The development standards contained in this division shall govern all the uses, buildings and structures in every zone, and, except as otherwise provided in this title, no building, structure or use may hereafter be constructed, established, altered, enlarged, moved onto, operated, occupied or maintained on a lot or parcel of land, unless such building, structure or use conforms to the standards of development for the zone in which it is located. (Ord. 806 § 1, 2007).

All physical facilities required in this title, such as buildings and structures, paving, fences, walls and landscaping, shall be kept and maintained in a neat, clean, orderly, operable and usable condition. (Ord. 806 § 1, 2007).

Neither the provisions of this title nor the granting of any permit provided for in this title authorizes or legalizes the maintenance of any public or private nuisance. (Ord. 806 § 1, 2007).

Manufacturing shall be permitted as an accessory use in the C-M zone only pursuant to the restrictions of this chapter. (Ord. 806 § 1, 2007).

A. Such activity shall be restricted to the ground floor of the building or buildings and shall not occupy more than 25 percent of said ground floor area.

B. Not more than five employees shall be engaged in such activity.

C. A commercial appearance shall be maintained by office or window display space or both, across all the street or highway frontage of the building or buildings, except doorways, to a depth of not less than two feet.

D. Any portion of the building or buildings devoted to such activity shall be not nearer than 50 feet to any agricultural or residential zone.

E. The building shall be so constructed, the machinery and equipment shall be so installed and maintained, and the activity shall be so conducted, that all noise, vibration, dust, odor and all other objectionable factors shall be confined or reduced to the extent that no annoyance or injury will result to persons or property in the vicinity.

F. Any such activity shall be conducted wholly within a completely enclosed building.

G. Where a conflict in interpretation occurs regarding application of these provisions to any specific case, the commission shall make such determination. (Ord. 806 § 1, 2007).

Unless otherwise provided in this chapter, no building or structure shall be used on any lot or parcel of land, and any portion of which abuts upon a major or secondary highway, parkway or street, unless the one-half of the highway or street which is located on the same side of the center line as such lot or parcel of land has been dedicated and improved as provided in this chapter. (Ord. 806 § 1, 2007).

This chapter does not apply to the following buildings or structures, which, if they comply with all other provisions of this title, may be used without complying with any provisions of this chapter:

A. One two-family or two one-family dwellings and accessory uses incidental thereto.

B. Accessory agricultural buildings where used primarily for agricultural purposes, including, but not limited to: barns, silos, chicken houses, rabbit hutches and roadside stands.

C. Electrical distribution and transmission substations.

D. Gas measurement, pumping and meter and control stations.

E. Telephone repeater stations.

F. Temporary uses permitted in this title for a period not to exceed 30 days.

G. Other similar uses which, in the opinion of the commission, will not generate a greater volume of traffic than the uses enumerated in this section. (Ord. 806 § 1, 2007).

Major or secondary highways, parkways and streets shall be dedicated to the width from the center line, including corner cut-offs, as specified in Chapter 9.46 BGMC, Yard Provisions, except that dedication in any case shall not be required to such an extent as to reduce the area or width of any lot or parcel of land to less than that specified in BGMC 9.36.010(L), Required Area Reduced for Street or Highway Purposes, or BGMC 9.36.020(C), Required Width Reduced by Public Use. (Ord. 806 § 1, 2007).

Before a building or structure subject to the provisions of this chapter may be used, curbs, gutters, sidewalks, paving and drainage structures, where required, shall be constructed at the grade and at the location specified by and in compliance with the standards of the public works department. All construction within the existing or proposed road rights-of-way shall be done under provisions of Ordinance No. 3597 entitled “Highway Permit Ordinance of the County of Los Angeles” adopted May 28, 1940, as amended and adopted by reference by the city, Section 7100, on September 25, 1967. (Ord. 806 § 1, 2007).

In lieu of dedication, the city council may accept an agreement to dedicate signed by all persons having any right, title, interest or lien in the property, or any portion thereof, to be dedicated. The signatures on such agreement shall be acknowledged and the city council shall record such agreement in the office of the county recorder of this county. (Ord. 806 § 1, 2007).

In lieu of the required improvements, the public works department may accept from any responsible person a contract to make such improvements with the following provisions:

A. Said improvements shall be completed within the time specified in the agreement to improve, except that the public works department may grant such additional time as it deems necessary if, in the opinion of said public works department, a good and sufficient reason exists for the delay.

B. Such contract shall be accompanied by a deposit with the city council of a sum of money or negotiable bonds or savings and loan certificates or shares in an amount which in the opinion of the public works department equals the cost thereof. If savings and loan certificates or shares are deposited, the owners thereof shall assign such certificates or shares to the city and such deposit and assignment shall be subject to all provisions and conditions of Article III E of said Ordinance No. 4099.

C. If the estimated cost of the improvements equals or exceeds $1,000, in lieu of such deposit the applicant may file with the city council a corporate surety bond guaranteeing the adequate completion of all of the improvements, in a penal sum equal to such estimated cost.

D. Upon the failure of said responsible person to complete any improvements within the time specified in an agreement, the city council may, upon notice in writing of not less than 10 days served upon the person, firm or corporation signing such contract or upon notice in writing of not less than 20 days served by registered mail addressed to the last known address of the person, firm, or corporation signing such contract, determine that said improvement work or any part thereof is incomplete and may cause to be forfeited to the city such portion of deposits or bonds given for the faithful performance of said work, or may cash any instrument of credit so deposited in such amount as may be necessary to complete the improvement work. (Ord. 806 § 1, 2007).

This chapter does not apply to the use, alteration or enlargement of an existing building accessory thereto, or both, on the same lot or parcel of land, if the total value of such alteration, enlargement or construction does not exceed one-half of the current market value of all existing buildings on such lot or parcel of land. (Ord. 806 § 1, 2007).

A. The commission may grant a modification to the provisions of this chapter and relieve the applicant either from compliance with all or a portion of the provisions thereof if he finds:

1. Property adjoining on both sides of the subject property is developed with lawfully existing buildings or structures which, were they not already existing, would be subject to the provisions of this chapter, and the requirement to dedicate, pave or improve would require a greater width than is the highway or street in front of said existing buildings or structures on the said adjoining properties; or

2. The lot or parcel of land adjoins a major or secondary highway, parkway or street for a distance of 100 feet or more and only a portion of said lot or parcel of land is to be used for such building or structure or occupied by such use.

B. The public works department may grant a modification to the provisions of this chapter and relieve the applicant either from compliance with all or a portion of the provisions thereof if he finds:

1. The required improvements are included in a budgeted city project or within an approved assessment district; or

2. The public works department is unable to furnish grades within a reasonable time; or

3. The required construction would create a drainage or traffic problem; or

4. The construction will be isolated from a continuous roadway which may not be improved for many years; or

5. There are in existence partial improvements satisfactory to the public works department and it deems construction of additional improvements to be unnecessary or constitute an unreasonable hardship.

C. All requests for modification shall be subject to the provisions of Chapter 9.58 BGMC, Site Plan Review. (Ord. 806 § 1, 2007).

Any person may apply for a variance from any provision of this chapter pursuant to Chapter 9.50 BGMC, Variances and Conditional Use Permits, whether he has applied for a modification or not. The provisions of BGMC 9.26.080, Modifications, shall constitute additional grounds for the approval of a variance from any provision of this chapter. (Ord. 806 § 1, 2007).

In addition to compliance with all other applicable statutes, ordinances and regulations, the following regulations shall apply to the storage of automobiles, automobiles awaiting repair, or automobiles under repair where they are permitted as a principal use:

A. All storage shall be conducted within an enclosed building or within an area completely enclosed with a solid masonry wall of not less than six feet nor more than seven feet in height.

B. Any opening in the wall shall be equipped with a solid gate of not less than six feet in height.

C. Any gates required by this section shall be kept closed, except during regular business hours.

D. Automobile Monitoring. The owner/operator of all activity associated with the automobile use, service, and/or repair shall display a copy of an invoice showing the dates of when the automobile was submitted for repair and estimated date of completion. The invoice shall be displayed where visible on the automobiles temporarily stored, queued, recently served/serviced by the business, or if a lien has been placed. Dates of invoices shall not exceed a maximum of 60 days. (Ord. 943 § 7, 2024; Ord. 806 § 1, 2007).

The maintenance of an open storage area is permitted at the rear of the property, or as a primary use that is off site and ancillary to an automobile repair site, in connection with the operation of a business otherwise required to be within an enclosed building, provided the following standards are complied with:

A. Such storage shall be completely enclosed by a solid decorative masonry wall no less than six feet in height and all articles stored therein must be completely shielded from view outside the property. (The commission may approve the substitution of a decorative fence or masonry wall or any combination thereof where, in the opinion of the commission, such a fence or wall will adequately comply with the provisions of this section.)

B. Storage area shall not be open to the public.

C. Sales operations shall not be conducted on or at storage areas.

D. Storage shall not produce any objectionable noise or odors.

E. Storage shall not be located on a parking area, drive aisle, or pedestrian or vehicular access.

F. Storage shall not conflict with fire department outdoor storage regulations.

G. All inspection, repair, servicing, and testing of automobiles outside of an enclosed building is prohibited. (Ord. 937 § 5, 2023; Ord. 806 § 1, 2007).

A. Measures of Building Height on Sloping Terrain. In any zone, where a building is erected on sloping terrain, the height of the building shall be measured from the highest adjoining ground surface level at the base of the building. Above this measuring point, the building may not exceed the height limit prescribed in the zone, nor contain more than the permitted number of stories. With this top level as the high point above all other portions of the same building, any portion of such building rising from a lower part of the slope may have one and one-half stories more than the number of stories permitted in the zone.

B. Building Height on Other Than Sloping Terrain. Where a building is erected on land not classified as sloping terrain, the height of the building shall be measured from the ground level grade.

C. Structures Above Height Limit or Adjusted Height Limit. The following structures may be established above the height limit permitted in the zone, except that such structures shall not be allowed above the height limit for the purpose of providing additional floor area. The height of such structures need not be included in measuring the height of a building supporting said structure:

1. Penthouses or roof structures for the housing of elevators; and

2. Stairways, tanks, air conditioning, ventilating fans or similar equipment required to operate and maintain the building; and

3. Fire or parapet walls, skylights, towers, steeples, flagpoles, signs and sign structures, chimneys, smokestacks, receiving antennas, water tanks, silos, and other similar structures. (Ord. 806 § 1, 2007).

A. Adherence to Designated Floor-to-Area Ratio. All buildings hereafter designed or erected, and existing buildings which may be reconstructed, altered, moved or enlarged, may not exceed the floor area ratio indicated for the zone in which said buildings are or may be located except as otherwise provided in subsection (B) of this section.

B. Buildings Located on Zone Boundary Lines. Where buildings hereafter designed or erected, and existing buildings which may be reconstructed, altered, moved or enlarged, are or may be located on a lot or parcel of land divided into two or more zones, then such buildings shall be established in compliance with any prescribed floor area ratio, or the average floor area ratio if more than one ratio applies. Where a height limit applies in one zone and a floor area ratio in another, such building shall be established in compliance with the less restrictive regulation.

C. Floor Area Underground. Floor area included in subsurface floors of a building shall not be counted or included in any determinations based on floor area ratio or lot coverage. (Ord. 806 § 1, 2007).

The following architectural features may be allowed to project above the maximum allowable height of any zone up to 10 feet maximum:

A. Chimneys. However, the chimney may not be larger in horizontal area than 20 square feet where the projection takes place.

B. Emergency/Safety Equipment. Any equipment required by the FAA (Federal Aviation Administration); provided, that such equipment is properly screened to the satisfaction of the community development director. (Ord. 806 § 1, 2007).

A “fence” shall be defined as a structure that provides a minimum of 80 percent light and visibility along its entire vertical plane. Anything less than 80 percent shall be considered a wall. (Ord. 806 § 1, 2007).

A “hedge” shall be defined as any plant/tree providing less than 80 percent light and visibility a minimum of six feet from the ground up similar to a wall. (Ord. 806 § 1, 2007).

A. Maximum Fence, Wall and Hedge Height in Required Side and Rear Yards.

1. Fences, walls and hedges erected within required side or rear yards of an interior lot or parcel of land, or the side yard along the interior side lot line of a corner or reversed corner lot or parcel of land, shall not exceed the maximum height permitted below, unless an ordinance, statute, or other law requires that the fence be constructed to a greater height:

a. Six feet if constructed with a permitted fencing material.

b. Eight feet if constructed so that any fencing exceeding the height of six feet is constructed of decorative wrought iron, and permitted only on block walls and wrought iron fences.

2. Walls and hedges, excluding fences, erected within a required rear or side yard on the street-side of a corner or reversed corner lot or parcel of land shall not exceed the maximum height below:

a. Forty-two inches if within five feet of the side yard line and built of a permitted fencing material.

b. Six feet if within five feet of the side yard line and built of a permitted fencing material; provided, that any portion of the fence exceeding 42 inches must be made exclusively of decorative wrought iron.

c. Six feet if located within a required rear or side yard and five feet or more from the side lot line.

d. Eight feet if located within a required rear or side yard and five feet or more from the side lot line; provided, that any portion of the fence exceeding six feet must be made exclusively of decorative wrought iron.

B. Maximum Fence, Wall and Hedge Height in Required Front Yards.

1. Except as otherwise permitted in this code, walls shall not exceed a height of 42 inches when located within the required front yard in any zone. However, a combination wall/fence may be constructed up to five feet in height; provided, that the wall area is no more than 24 inches high and the remainder consists of a fence as defined in BGMC 9.32.010.

2. Chain-link fences, which do not obstruct view, shall not exceed a height of 48 inches when located within the required front yard in any zone. Any climbing vine or other similar vegetation, wood, metal or slats of other material or any solid covering on the fence shall not exceed 42 inches in height. Pilasters constructed with fences shall be permitted, provided they meet the 80 percent light and visibility standard for a fence and are no less than 12 inches and no wider than 16 inches. (Ord. 806 § 1, 2007).

A barrier wall not to exceed seven feet in height, serving to separate an area including several lots or parcels of land from the adjoining street or highway, may be established within five feet of a street or highway, provided said wall is approved by the planning commission and is erected in accordance with the provisions of Chapter 9.58 BGMC, Site Plan Review. (Ord. 806 § 1, 2007).

Where a solid masonry wall is required by this title, openings not greater than 20 feet are permitted for ingress and egress. (Ord. 806 § 1, 2007).

The applicant shall submit a plot plan for any proposed wall or fence to the planning division and building and safety division for review and approval. The plot plan shall include all property dimensions, outlines of existing structures, location of all driveways and streets, and any other access onto the property, and shall clearly delineate the proposed fences and/or walls. An elevation of the proposed fence or wall with height measurements shall also be included. (Ord. 806 § 1, 2007).

The planning commission may, without notice or hearing, grant a modification of fence, wall or hedge regulations for:

A. Sites occupied by an agency of the federal, state, county or city government; or

B. Where required by any other ordinance, statute or law, or regulation of the state of California or any other agency where such regulation exceeds the minimum standards of this chapter; or

C. Where topographic features, subdivision plans, or other conditions create an unnecessary hardship or unreasonable situation making it impractical to require compliance with the fence, wall or hedge provisions. (Ord. 806 § 1, 2007).

A. For the purpose of this chapter, “permitted fencing material” shall mean the following:

1. Finished concrete block (i.e., painted, slump stone, etc.).

2. Decorative wrought iron.

3. Decorative picket.

4. Chain-link.

B. Razor and barbed wire shall be prohibited in all zones.

C. All material must be compatible with the scale and architecture of the site and surroundings. The determination of compatibility shall be left to the discretion of the community development director unless otherwise appealed. (Ord. 806 § 1, 2007).

All masonry walls constructed under the provisions of these zoning regulations shall be subject to the following minimum development standards:

A. New wall construction on all property subject to the city’s jurisdiction must be approved by the city planner.

B. If more than 50 percent of a wall is proposed to be replaced, the standards of this section shall apply.

C. All new walls must be constructed of decorative masonry (e.g., split face, slump stone, etc.) or painted to complement the structures on the site to the satisfaction of the city planner.

D. All walls must have a decorative cap.

E. Decorative pilasters or other forms of articulation (e.g., insets, landscaped pockets, etc.) must be provided for a minimum of every 15 feet of continuous wall that is visible from a public right-of-way or park.

F. All new residential subdivisions and commercial and industrial development shall be required to have masonry perimeter walls, which shall be subject to the provisions of this chapter.

G. Whenever a conflict between these provisions and those of the California Building Code occurs, the most stringent regulations shall apply. (Ord. 806 § 1, 2007).

These regulations shall apply to all landscaping in the city. Where a new or renovated landscape project is subject to the State Model Water Efficient Landscape Ordinance (MWELO) (23 C.C.R. Section 490 et seq.) the requirements of the MWELO shall also apply. Where a conflict occurs between this chapter and the MWELO, the MWELO shall prevail. (Ord. 874 § 2, 2016).

In all open space and residential zones, the front yard and any side yard, adjacent to a street or alley, shall be landscaped, except for the area used for driveways required by this title and walkways leading to an entry. Parkway landscaping shall comply with special requirements pursuant to BGMC 9.34.050 (Parkways).

A. Materials.

1. Live plant materials including trees, shrubs, ground covers and turf shall be incorporated into landscaped areas. Live plant materials shall include those plants listed on the city of Bell Gardens “list of recommended plants,” on file at the community development department, wherever possible.

2. The use of fountains, boulders, bridges, rock, gravel, decomposed granite, or other similar hardscape materials shall not exceed 50 percent of the total landscaped area. When hardscape is used, the remaining portion of the landscaped area not used for hardscape shall be planted with live plant materials to include a combination of ground cover, shrubs, and trees.

3. The use of artificial turf shall not exceed 50 percent of the landscaped area. The calculation of landscaped area for use of artificial turf shall exclude the parkway area. Use of artificial turf shall conform to the requirements of BGMC 9.34.080 (Artificial turf). When artificial turf is used the remaining portion of the landscaped area not used for artificial turf shall be planted with live plant materials to include a combination of ground cover, shrubs and trees.

4. Artificial turf existing prior to the effective date of the ordinance codified in this chapter shall be considered nonconforming. Any changes of 50 percent or more to an existing artificial turf installation, with the exception of repairs, shall conform to the requirements of BGMC 9.34.080 (Artificial turf). (Ord. 874 § 2, 2016; Ord. 806 § 1, 2007. Formerly 9.34.010).

All required setback areas in nonresidential zones shall be completely landscaped and irrigated. In addition to the setback areas, a minimum of five percent of the parking area, which includes all required drive aisles, shall be landscaped. In areas where the parking lot is not visible from the street or surrounding properties, the planning commission may approve the concentration of the five percent in areas visible from the street through a site plan review application. The following standards shall apply to all landscaping except that parkway landscaping shall comply with special requirements pursuant to BGMC 9.34.050 (Parkways).

A. Dimensions. Three feet shall be the minimum horizontal dimension of any required landscaped area or any form of fixed planter box.

B. Screening. Where plans are indicated for screening, such screening shall consist of the use of evergreen shrubs, closely spaced and maintained at substantially the specified height of any required fences, walls or hedges.

C. Materials.

1. Live plant materials including trees, shrubs, ground covers and turf shall be incorporated into landscaped setback areas. Live plant materials shall include those plants listed on the city of Bell Gardens “list of recommended plants,” on file at the community development department, wherever possible.

2. The use of artificial turf is limited to required setback areas and is prohibited within parking areas. The use of artificial turf within landscaped setback areas shall not exceed 50 percent of the landscaped setback area and shall conform to the requirements of BGMC 9.34.080 (Artificial turf). When artificial turf is used the remaining portion of the landscaped setback area not used for artificial turf shall be planted with live plant materials to include a combination of ground cover, shrubs and trees.

3. Artificial turf existing prior to the effective date of the ordinance codified in this chapter shall be considered nonconforming. Any changes of 50 percent or more to an existing artificial turf installation, with the exception of repairs, shall conform to the requirements of BGMC 9.34.080 (Artificial turf).

D. Separation between Fence/Wall/Hedge and Property Line. Where a wall is required to be set back from a lot line, the open area between said lot line and said wall shall be landscaped and permanently maintained. (Ord. 874 § 2, 2016; Ord. 806 § 1, 2007. Formerly 9.34.020).

The requirements of this chapter shall not apply to the following:

A. Public properties or public projects including community facilities, parks and playgrounds.

B. Registered state, federal or local historic site.

C. Botanical gardens, wholesale or retail plant nurseries, or community gardens. (Ord. 874 § 2, 2016).

Parkways in all zones shall be landscaped and maintained by the adjacent property owner and shall be planted in compliance with the requirements in this section. In nonresidential zones where the parkway is surfaced in concrete or other hardscape as of the effective date of the ordinance codified in this chapter, the above requirement is not applicable. Use of artificial turf in parkways in any zone is prohibited.

A. Vegetative Plant Materials. Vegetative plant materials installed in parkway areas shall meet the following criteria:

1. Plant materials shall be drought tolerant or drought resistant and shall be selected from “community development department list of recommended plants” wherever possible.

2. Low growing, ground cover types of plant materials are highly recommended. Plant materials shall not exceed 36 inches in height or form a continuous hedge or screen at maturity.

3. Plant materials shall not have exposed, rigid spines or thorns. Exceptions to this requirement may be made by the community development department on a case-by-case basis.

4. Plant materials shall not be noxious or invasive.

B. Nonvegetative Materials. The use of nonvegetative ground cover or paving materials may be installed in the parkway subject to approval of an encroachment permit by the department of public works and shall comply with the following requirements:

1. Permitted nonvegetative ground cover materials include decomposed granite and pavers. Nonpermitted nonvegetative ground cover materials include mulch, bark chips, artificial turf, and cement concrete (both standard and stamped concrete). Nonvegetative ground cover materials consisting of loosely placed gravel, crushed rock, decorative rock or stone are permitted for installation in parkway areas only when used as a component of a storm water capture system.

2. Permitted nonvegetative ground cover materials installed within parkway areas must meet the following criteria:

a. Paving materials shall be placed so that the finished surface is in plane with the abutting sidewalk and curb surfaces.

b. Nonvegetative ground covers such as decomposed granite that are typically loosely placed are not permitted in parkway areas with a slope greater than six percent in any direction (three-eighths inch of fall per each foot horizontally).

C. Irrigation. An encroachment permit is not required for irrigation systems installed in residential parkway areas, provided there are no continuously pressurized (main) lines or valves of any sort installed within the public right-of-way. A permit is required when/if irrigation valves or continuously pressurized lines are installed. When irrigation systems are employed, the use of subsurface drip irrigation or other low-flow water distribution system to minimize wasteful overspray and overwatering is required. Spray heads shall be of pop-up type, fully retractable to be flush with the adjacent surface when not in use, and placed no closer than 24 inches to any hard-paved, adjacent surface.

D. Storm Water Capture Systems. The city encourages residents to consider utilizing parkway areas to capture storm water runoff when and where possible and appropriate. Storm water capture systems typically treat/clean storm water biologically prior to its continuance into the storm drain systems and may help storm water infiltrate into the subgrade, thereby reducing or minimizing storm water runoff. These types of parkway improvements require approval of permits issued by the department of public works.

E. Nonconforming Artificial Turf. Artificial turf existing in a parkway prior to the effective date of the ordinance codified in this chapter shall be considered nonconforming. Any changes to an existing artificial turf installation in a parkway, with the exception of repairs, shall be a violation of the nonconforming status and the parkway will be subject to this chapter. (Ord. 874 § 2, 2016).

Live plant landscaped areas shall be provided with a suitable, fixed and permanent method for watering or sprinkling of plants. This operating water system shall be automatic and consist of piped water lines terminating in an appropriate number of fixtures to provide a sufficient amount of water for plants within the landscaped area. Irrigation systems shall incorporate use of subsurface drip irrigation or other low-flow water distribution system to minimize wasteful overspray and overwatering is required. All spray heads shall be of pop-up type, fully retractable to be flush with the adjacent surface when not in use, and placed no closer than 24 inches to any hard-paved, adjacent surface. (Ord. 874 § 2, 2016).

Required landscaped areas and landscaping shall be maintained in a neat, clean and healthful condition. This shall include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of live plants when necessary, and the regular watering of all live plantings. (Ord. 874 § 2, 2016).

Artificial turf shall be installed and maintained to effectively simulate the natural appearance of a well-maintained lawn. The use of artificial turf is subject to the following minimum requirements:

A. Turf Standards.

1. The use of indoor or outdoor plastic or nylon carpeting as a replacement for artificial turf or natural turf is prohibited.

2. Artificial turf content shall be polyethylene monofilament fiber with a minimum grass zone pile height of one and one-half inches.

3. A minimum face weight of 65 ounces per square yard of unfilled artificial turf is required.

4. Nylon, polypropylene, and similar fibers are permitted within the thatch zone; provided, that the thatch zone is a minimum one-quarter inch lower than the grass zone pile height.

5. Artificial turf used shall be made of lead free materials.

6. All artificial turf shall have a warranty that protects against color fading and a decrease in pile height and shall have a minimum eight-year manufacturer’s “no fade” warranty.

B. Installation Standards.

1. Artificial turf installation shall be performed by a state-licensed contractor who possesses a valid city of Bell Gardens business license and installed in accordance with manufacturer specifications.

2. Prior to installation of artificial turf, all sod or existing ground cover shall be removed from the area proposed for artificial turf to a minimum depth of two inches. Any existing irrigation lines shall be capped.

3. A synthetic porous filter fabric shall be included as part of the installation.

4. Infill materials which are the materials comprising the base upon which the artificial turf is installed shall be of the silica sand, acrylic coated sand, or other environmentally safe infill type of product specifically designed for artificial turf as approved by the director of public works. The use of crumb rubber as an infill material is prohibited. Infill materials shall be brushed into the fibers to ensure that the fibers remain in an upright position, provide ballast to help hold the artificial turf in place, and provide a cushioning effect.

5. Subgrade material shall be compacted and consist of porous decomposed crushed granite and/or road base material with a minimum three inches depth of compacted material. A weed mat shall be installed over the compacted base material.

6. All edges of the artificial turf shall be anchored with nails and glue; all seams shall be nailed and glued, not sewn.

7. All electric, water, gas, and irrigation lines and conduits shall be placed outside the perimeter of an artificial turf installation area with the exception of those that provide direct service to the residence.

8. Artificial turf shall be installed to be visually level with the grain pointing in a single direction.

9. Installation of an appropriate solid barrier device such as a brick, rock, or concrete border, with a minimum three-eighth-inch thickness, is required to separate artificial turf areas from adjacent planter areas that contain live vegetation and/or soil in order to prevent encroachment of weeds into the artificial turf area.

10. Artificial turf shall be trimmed to fit against all regular and irregular edges to resemble a natural look.

11. Artificial turf installation shall be designed to allow water to percolate through the synthetic grass at a minimum drain rate of 30 inches per hour to an adequate drainage system installed underneath the artificial turf to prevent runoff, pooling, and flooding.

C. Maintenance Standards. Property owners shall maintain artificial turf areas in a manner which includes:

1. Cleaning, brushing, removing of debris, grooming, infill redistribution, decompaction, and repairing of depressions and ruts to maintain a level visual surface. Periodic brushing or grooming of the synthetic turf surface by a static (nonrotary) double brush shall conform to the written maintenance guidelines provided by the installation company. The periodic use of a vacuum, sweeper or blower shall be applied to keep the synthetic surface clean in conformance with the suggested maintenance guidelines provided by the synthetic installation manufacturer.

2. Elimination of any odors, flat or matted areas, weeds, evasive roots, looseness at edges, and seams.

3. Replacement of the artificial turf whenever maintenance or repair is unable to simulate a natural, thriving, green grass appearance.

4. Damaged, faded, or worn-out artificial turf shall be removed and appropriately replaced by the property owner. Repair of artificial turf areas shall be done with like-for-like materials from the same manufacturer and done in a manner that results in a repair that blends in with the existing artificial turf.

D. Review and Approval Required. Use of artificial turf is subject to approval of a site plan review by the community development department prior to installation. Application for site plan review shall be filed with the community development department and shall include the following information:

1. A plot plan drawn to scale indicating the following:

a. Scale, north arrow.

b. Boundaries/property lines of subject property, streets and easements.

c. A materials and plant legend for the landscaped area.

d. A planting plan describing the artificial turf area and areas designated for live plant materials listed by botanical and common name, the quantity of each of the landscape materials, size of materials at planting, and location and size of existing trees.

e. An irrigation plan for live plant areas of the front yard and the public parkway.

f. The percentage of the landscaped area assigned to artificial turf, hardscape, and live plant materials.

g. A cross-section detail that shows the installation method and identifies the amount and type of materials used.

h. A sample of the artificial turf material, a sample of the infill material (if applicable) along with warranty information, installation details, material specifications (i.e., face weight, pile height, composition, etc.), and photographs of the site.

2. An affidavit signed by the property owner that installation of artificial turf shall be conducted by a licensed contractor who possesses a valid city of Bell Gardens business license.

3. Evidence that the installing contractor possesses a valid state of California license to install artificial turf. (Ord. 874 § 2, 2016).

The planning commission, without notice or public hearing, may grant a modification to these landscape regulations through the variance process, Chapter 9.50 BGMC, where topographic features, subdivision plans, or other conditions create an unnecessary hardship or unreasonable regulation making it obviously impractical to require compliance. (Ord. 874 § 2, 2016; Ord. 806 § 1, 2007. Formerly 9.34.030).

“Artificial turf” means a manmade, synthetic material which simulates the appearance of live organic turf, grass, sod or lawn.

“Contractor” means a person licensed by the state of California to construct, maintain, install, or subcontract the installation of artificial turf.

“Hardscape” shall be limited to the following: fountains, boulders, bridges, rock, gravel, decomposed granite, or other similar hardscape materials subject to community development department approval.

“Landscaped area” means the gross area of a front yard and any side yard adjacent to a street including parkways and areas assigned to hardscape, but excluding walkways leading to an entry and the area improved with driveway(s).

“Parkway” means the area located between the back of curb and the sidewalk.

“Turf” means a living single-bladed grass or sod. (Ord. 874 § 2, 2016).

A. Subdivisions. “Required area” shall mean the area of a lot or parcel of land shown as a part of a subdivision for purposes of sale when recorded as a final map or on file as a record of survey map approved as provided in the Subdivision Map Act or the code of the city.

B. Preexisting Lots. Where a person, who neither owns nor has a right of possession to any contiguous parcel of land, has the right of possession to a lot or parcel of land by virtue of a duly recorded deed or contract of sale, “required area” shall mean the area of said lot or parcel of land; provided, that the deed or contract of sale, by which such right of possession was separated, has been recorded prior to the adoption of the ordinance codified in this title, any previous ordinance or any subsequent ordinance imposing area requirements on said lot or parcel of land.

C. Parcel of Land Divided by Boundary Lines. Where a parcel of land, which would otherwise have been shown as one lot, is divided into two or more lots because of a city boundary line, “required area” shall mean the total area of said parcel of land.

D. Land Division Under Land Title Law. Where a parcel of land, which would otherwise have been shown as one lot, is divided into two or more lots because of a line drawn between land the title to which was registered under the land title law (Torrens Title) and land the title to which was not so registered, “required area” shall mean the total area of said parcel of land.

E. Easements on Required Area. A lot or parcel of land subject to a street or highway easement or other public or private easement where the owner of the servient tenement does not have the right to use the entire surface area of the lot or parcel of land may be accepted as having the required area as indicated by the zoning symbol; provided, that the required area for said lot or parcel of land is one acre or more and the area covered by any such easement includes not more than 10 percent of the required area indicated by the zoning symbol, but in no event shall the area not subject to such easement be less than 40,000 square feet.

F. Corner Cut-Off Areas. A corner lot or parcel of land subject to a street or highway easement for a corner cut-off, where the owner of the servient tenement does not have the right to use the entire surface area of the lot or parcel of land, shall be considered to have the required area as indicated by the zoning symbol; provided, that the required area for said lot or parcel of land is less than one acre and the area included in the corner cut-off does not exceed five percent of the required area indicated by the zoning symbol.

G. Increased Area Required. Where, in this title, a particular use is permitted only when established on a lot or parcel of land having an actual area greater than the area indicated as required by the zoning designation, then such higher requirements shall prevail for the lot or parcel of land upon which such use is located.

H. Creation of a Lot or Parcel Having Less Than Required Area. Except as otherwise provided in this title, a person shall not divide any lot or parcel of land, and shall not convey any lot or parcel of land or any portion thereof, if as a result of such conveyance the area of any lot or parcel of land so reduced, or a lot or parcel of land so created, is in violation of the requirements of this title.

I. Use of a Lot or Parcel Having Less Than Required Area. Where a portion of a lot or parcel of land is sold or transferred, and as a result of such sale or transfer one or more parcels are created of such an area as to no longer conform to the requirements of this title, then in the determination of the permissible number and location of any buildings on any lot or parcel of land so created by such sale or transfer, the portion sold or transferred and the remainder shall be considered as one parcel.

J. Rescission of Agreements Made Contrary to Lot Area Provisions. Any deed of conveyance, sale or contract to sell made contrary to the provisions of this title with regard to lot area is voidable at the sole option of the grantee, buyer, or person contracting to purchase, or his heirs, personal representative, or trustee in insolvency or bankruptcy, within one year after the date of execution of said deed or conveyance, sale, or contract to sell. However, the deed of conveyance, sale or contract to sell is binding upon any assignee or transferee of the grantee, buyer or person contracting to purchase other than those enumerated above, and is also binding upon the grantor, vendor, or person contracting to sell, his assignee, heir or devisee.

K. Required Area Reduced by Public Use. If a lot or parcel of land has not less than the required area and after creation of such lot or parcel of land a part thereof is acquired for a public use other than for street or highway purposes, in any manner including dedication, condemnation, or purchase, and if the remainder of such lot or parcel of land has not less than 80 percent of the area indicated by the number which follows the zoning symbol, such remainder shall be considered as having the required area as established by this title.

L. Required Area Reduced for Street or Highway Purposes. If a lot or parcel of land has not less than the required area, as required in this title, and after the creation of such lot or parcel of land a part thereof is acquired for street or highway purposes exclusively, in any manner including dedication, condemnation or purchase, and if the remainder of such lot or parcel of land has not less than 75 percent of the required area, then such remainder shall be considered as having the required area, provided the remaining portion of said lot or parcel of land has an area of not less than 2,500 square feet, or an area as is otherwise provided herein. The commission, without notice or hearing, may approve a reduction of lot area to 75 percent of the required area where the remaining parcel would have less than 2,500 square feet, but not less than 2,000 square feet, where topographic features, subdivision design or other conditions create an unnecessary hardship or unreasonable limitation making it obviously impractical to comply with the stated minimum.

M. Redivision of Lots or Parcels with Less Than Required Area. Where two or more adjoining lots or parcels of land are deemed to have the required area under the provisions of this title, but one or more of said lots or parcels of land has an area less than that indicated by the number that follows the zoning designation or, if no number follows the zoning symbol, less than the area designated in this title, said lots or parcels of land may be redivided into the same number or a lesser number of lots or parcels of land. The owner may file and the commission may approve such redivisions subject to the provisions of Division 6 of this title, Subdivision Regulations, if:

1. The lot or parcel of land on such site plan having the smallest area has an area not less than the original lot or parcel of land having the smallest area; and

2. The lot or parcel of land having the narrowest width has a width not less than that of the original lot or parcel of land having the narrowest width, except that such width need not be greater than the width designated in this title; and

3. The proposed redivision tends to promote the public health, safety, comfort, convenience, general welfare, and other purposes of this title to a greater extent than the division into the original lots or parcels of land; and

4. Each lot or parcel of land approved by the commission pursuant to this section shall be deemed to have the required area. (Ord. 806 § 1, 2007).

A. Minimum Street or Highway Frontage. Each lot or parcel of land shall have a street or highway frontage of not less than 50 feet when the front property line coincides with the street or highway line unless otherwise provided in subsection (B) of this section, Identification or Designation of Lot Lines in Doubt.

B. Identification or Designation of Lot Lines in Doubt. Where the identification or designation of the front, side or rear lot line is in doubt, as in the following situations, the commission shall determine the identity or designation of the lot lines:

1. Corner lots or parcels of land with two street and/or highway frontages approximately equal in length.

2. Through lots or parcels of land fronting on two or more streets and/or highways.

3. Lots or parcels of land where the only contiguous boundary to a public street or highway is provided by a driveway or other private access or where said lots or parcels of land have a street or highway frontage of less than 35 feet. The commission shall also determine the measurement of the lot width.

C. Required Width Reduced by Public Use. If a lot or parcel of land has not less than the required width and after creation of such lot or parcel of land a portion of its width is acquired for public use in any manner including, but not limited to, dedication, condemnation or purchase, and if the remainder of such lot or parcel of land has not less than 70 percent of the required width, but in no event less than 40 feet, such remainder shall be considered as having the required width.

D. Modification of Lot Widths. The commission may, without notice or hearing, grant a modification of lot width regulations where topographic features, subdivision plans, or other conditions create an unnecessary hardship or unreasonable situation making it impractical to require compliance with the lot width provisions. All modified lots or parcels of land shall be subject to the provisions of Chapter 9.58 BGMC, Site Plan Review.

E. Creation of a Parcel Having Less Than Required Width. Except as otherwise provided in this title, a person shall not divide any lot or parcel of land, and shall not convey any lot or parcel of land or any portion thereof, if as a result of such conveyance the width of any lot or parcel of land so reduced, or a lot or parcel of land so created, is in violation of the requirements of this title.

F. Rescission of Agreements Made Contrary to Lot Width Provisions. Any deed of conveyance, sale or contract to sell made contrary to the provisions of this title with regard to lot width is voidable at the sole option of the grantee, buyer, or person contracting to purchase, or his heirs, personal representative, or trustee in solvency or bankruptcy, sale, or contract to sell. However, the deed of conveyance, sale, or contract to sell is binding upon any assignee or transferee of the grantee, buyer or person contracting to purchase, other than those enumerated above, and is also binding upon the grantor, vendor, or person contracting to sell, his assignee, heir or devisee.

G. Contiguous Narrow Lots. Where, prior to an area being zoned R-1 or R-2, lots exist not less than 100 feet deep but less than 50 feet wide, if two or more such contiguous lots, or one or more such contiguous lots and one or more lots also contiguous thereto which have a depth of not less than 100 feet, have a total frontage of not less than 50 feet, such lots may be treated and considered as one parcel of land. Determination of the number of dwelling units permitted may be based on the total permitted if said lots were developed separately subject to all other requirements of this title.

H. Redivision of Lots or Parcels with Less Than Required Width. Where two or more adjoining lots or parcels of land are deemed to have the required width under the provisions of this title, but one or more of said lots or parcels of land has a width of less than that designated in this title, said lots or parcels of land may be redivided into the same number or a lesser number of lots or parcels of land. The owner may file and the commission may approve such redivision subject to the provisions of Chapter 9.58 BGMC, Site Plan Review, if:

1. The lot or parcel of land on such site plan having the smallest area has an area not less than the original lot or parcel of land having the smallest area; and

2. The lot or parcel of land having the narrowest width has a width not less than that of the original lot or parcel of land having the narrowest width, except that such width need not be greater than the width designated in this title; and

3. The proposed redivision tends to promote the public health, safety, comfort, convenience, general welfare, and other purposes of this title to a greater extent than the division into the original lots or parcels of land. (Ord. 806 § 1, 2007).

All off-street parking areas shall be designed and situated so as to ensure their usefulness; to protect the public safety; and, where appropriate, to mitigate potential adverse impacts on adjacent uses. Parking area design shall provide for the safety and comfort of pedestrians as well as the efficient movement of vehicles. It shall be the responsibility of the developer, owner or operator of a specific use to provide and maintain adequate off-street parking for that use. (Ord. 806 § 1, 2007).

A. Location.

1. Residential Uses. Required parking facilities for residential uses as specified in BGMC 9.38.050(C)(1) and in BGMC 9.38.110, Loading facilities, shall be located on the same lot or parcel of land as the use the parking facilities are intended to serve. Such facilities shall be conveniently accessible and located at a place where the erection of garages or carports is permitted.

2. Commercial and Industrial. Required parking facilities for commercial and industrial uses shall be located on the same lot or parcel of land as the use such parking facilities are intended to serve, except as set forth below:

a. For uses or buildings which require at least 15 parking spaces, the planning commission may approve a substitute location upon a finding that the provision of a substitute location will not adversely affect the public health or general welfare of the neighboring properties or the community. In making this determination, the planning commission shall consider, among other factors, the existing traffic and pedestrian patterns, traffic lights and traffic signs, surrounding land uses and additional factors relating to the public convenience and safety and welfare. Notwithstanding the foregoing, the planning commission shall not approve a substitute location unless the following conditions are satisfied:

i. All portions of the substitute location are located within 300 feet of the nearest property line of the lot upon which the principal use to be served is located.

ii. No more than 20 percent of the total number of parking spaces required for the use are located at such a substitute location.

b. For automobile repair uses, no land within any public rights-of-way shall be used as parking or loading facilities for automobiles temporarily stored, queued, recently served/serviced by the business, or if a lien has been placed. The owner/operator of the business is responsible for providing and maintaining adequate off-street parking and loading facilities as referenced in this chapter. (Refer to BGMC 9.20.072 for special queuing/storage standards.)

3. Other Uses. Required parking facilities for hospitals, sanitariums, homes for the aged, asylums, orphanages, roominghouses, club rooms, and fraternity and sorority houses shall be located on the same lot or parcel of land as the use such parking facilities are intended to serve, except as set forth below:

a. For uses or buildings which require at least 15 parking spaces, the planning commission may approve a substitute location upon a finding that the provision of a substitute location will not adversely affect the public health or general welfare of the neighboring properties or the community. In making this determination, the planning commission shall consider, among other factors, the existing traffic and pedestrian patterns, traffic lights and traffic signs, surrounding land uses and additional factors relating to the public convenience and safety and welfare. Notwithstanding the foregoing, the planning commission shall not approve a substitute location unless the following conditions are satisfied:

i. All portions of the substitute location are located within 150 feet of the nearest property line of the lot upon which the principal use to be served is located, except as follows:

(A) All portions of the substitute location are located within 1,000 feet of the nearest property line of the lot upon which the principal use is located; provided, that the principal use is for dental and/or medical offices which are nonprofit and community service-oriented, and designated for employee parking only.

ii. No more than 20 percent of the total number of parking spaces required for the use are located at such a substitute location.

B. Approval of off-site parking facilities shall be subject to the following:

1. The use of the substitute lot shall be held by the same owner or owners of the lots or parcels of land containing the use or uses to be served, through a lease or other written agreement approved as to form by the city attorney; the lease or agreement shall remain in effect as long as the parking facilities are required.

2. The owner or owners of the lot or parcel of land on which parking is to be provided shall record an agreement in the office of the county recorder of Los Angeles County, California, as a covenant running with the land for the benefit of the city and the benefited lot, providing that such owner or owners of the subservient lot and their heirs, assigns, or successors in interest will continue to maintain the parking facilities so long as the building or use they are intended to serve is maintained, and the principal use will cease to be maintained if the off-site parking facilities are not maintained as such.

3. Restricted parking signs approved by the director of community development shall be posted at all substitute, adjoining or separated lots approved pursuant to subsections (B)(1) and (2) of this section.

C. Prohibited Parking Types. The following types of parking spaces shall be prohibited as required parking:

1. Tandem.

2. Valet (valet parking may be approved for assembly-type uses subject to review and approval of a conditional use permit).

D. Ingress and Egress. Required parking and loading facilities shall be provided with easily accessible and adequate ingress and egress from and to a street, highway or alley as provided in this chapter.

E. Reduction or Encroachment.

1. Land within the right-of-way of a proposed street or highway, or within the planned ultimate right-of-way on a street or highway proposed to be widened, shall not be used to provide required parking or loading facilities.

2. Where vehicular access to a garage, carport or automobile storage space, on the same lot or parcel of land as the residential structure to which said parking facility would be accessory, is not possible from any street, highway or alley due to topographical or other conditions, or is so difficult to achieve that to require such access is unreasonable in the opinion of the commission or city engineer, such garage, carport or automobile storage space is not required if:

a. Alternate parking facilities, approved by the commission or city engineer, are provided; or

b. The commission or city engineer finds that alternate parking facilities are not feasible.

3. Required parking or loading facilities may not be reduced or encroached upon, except on approval by the commission under the following circumstances:

a. Required parking and loading areas may be reduced by the amount to which an equivalent space, similarly situated and subject to the same or current standards, conditions and limitations, is provided for the use to which said facilities are appurtenant.

b. Where the floor area of a building is reduced, the area devoted to required parking or loading facilities based on the floor area of said building may be proportionally reduced. (Ord. 943 § 8, 2024; Ord. 938 § 7, 2023; Ord. 806 § 1, 2007).

A. For Uses on Separate Lots or Parcel of Land. Required parking facilities may be provided collectively for two or more buildings or uses located on separate lots or parcels of land; provided, that the total area of such facilities does not equal less than the combined requirements for the individual uses.

B. For Uses with Varying Requirements Located on the Same Lot or Parcel of Land.

1. In the event that uses having varying parking and loading requirements are located on the same lot or parcel of land, the facilities provided, including collective parking facilities, shall equal the sum total of the requirements for the various individual uses computed separately in accordance with provisions in this chapter.

2. Parking and loading facilities designated for one use may not be counted or considered as also providing required parking or loading facilities for any other use. (Ord. 806 § 1, 2007).

Property on which required parking or loading facilities are established shall be:

A. Under the same ownership as the lots or parcels of land containing the use or uses to be served; or

B. Under joint ownership composed of the same owners of the lots or parcels of land containing the use or uses to be served; or

C. Whenever required parking or loading facilities are located on a lot or parcel of land which is not in the same or joint ownership as the lot or parcel of land containing the use or uses to be served, then, as a prerequisite to the issuance of the required building permit or certificate of occupancy, the owner or owners of said lot or parcel of land on which required parking or loading facilities are to be provided shall record an agreement in the office of the county recorder of Los Angeles County, California, as a covenant running with the land for the benefit of the city, providing that such owner or owners and their heirs, assigns, or successors in interest will continue to maintain said parking or loading facilities so long as the use or uses to be served remain in existence. (Ord. 806 § 1, 2007).

The standards included herein indicate the spaces and facilities required for off-street parking that shall apply at the time the subject building or structure is erected or placed on the ground. These standards shall also apply when an existing building is altered or enlarged by the addition of dwelling units or guest rooms, or the use in question is intensified by the addition of floor space, seating capacity or change of use.

A. Thresholds for Conformance to Parking Requirements. Expansion of use with nonconforming parking.

1. Residential. The following standards apply to expansion of residential uses with nonconforming parking and the construction of new residential uses on a site with nonconforming parking:

Expansion up to a cumulative total of 350 square feet per site is permitted without providing additional parking.

Expansion of over 350 square feet up to a cumulative total area of 500 square feet per site shall require the provision of one additional parking space which shall be covered if no other covered parking space exists on the site.

Expansion of up to a cumulative total area of between 501 and 750 square feet per site shall require provision of a minimum of two parking spaces, one of which shall be covered.

Expansion of up to a cumulative total area over 750 square feet per site shall require conformance with the parking requirements of this chapter for all uses on the site.

Construction of a new dwelling unit or units on a site with nonconforming parking shall require all uses on the property, existing and proposed, to conform to the requirements of this chapter.

No net loss of parking or loss covered parking on the site shall occur as a result of the expansion of a residential use.

2. Nonresidential. Parking conformance shall only be based on the area of new additions unless the additions create a new lease space and/or a change of use is proposed, which requires a greater amount of parking per code.

B. Exceptions.

1. Minimum automobile parking requirements shall not be imposed on all development projects located within one-half mile of a major transit stop.

a. Except for specially designated projects, any development project located within one-half mile of a major transit stop may be required to comply with minimum parking requirements, if the community development director or his/her designee can make written findings, within 30 days of the receipt of a completed application, that not imposing or enforcing minimum parking requirements on the development would have substantially negative impact, as allowed by law. An appeal of any negative determination will be administered pursuant to the appeal procedures provided for in BGMC 9.60.020.

b. Transient Lodging. Subsection (B)(1) of this section shall not apply where any portion of a project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except where a portion of a housing development is designated for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code.

c. Electric Vehicle (EV) or Americans with Disabilities (ADA) Parking. Subsection (B)(1) of this section shall not apply to minimum parking requirements for electric vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities.

2. The community development director may grant or conditionally grant an exception to the parking requirements by allowing a decrease in the number of required parking spaces by up to 10 percent subject to the following conditions (any request greater than 10 percent is subject to the variance process as specified in Chapter 9.50 BGMC and must be reviewed by the planning commission):

a. The intent and purpose of the parking regulations of the land use zone in which the use and/or building is to be located shall comply with all parking design standards, including vehicle site access and Americans with Disabilities Act requirements.

b. There are special circumstances unique to the use/property (i.e., carpooling, frequency and proximity for transit usage, shared parking, low percentage of usable space, etc.) to justify the exception.

c. Granting of the exception will not have a negative impact on surrounding properties.

d. The application seeking the reduction in the required number of parking spaces promotes the public health, safety, welfare and aesthetics of the community and the granting of the exception meets the findings and intent of this chapter.

C. Parking and Loading Facilities Matrix.

D. Bicycle Parking Spaces and Bicycle Facilities Matrix.

E. EV Parking Facilities Matrix.

(Ord. 944 § 4, 2024; Ord. 938 §§ 8 – 11, 2023; Ord. 937 § 6, 2023; Ord. 893 § 7, 2020; Ord. 851 § 8, 2013; Ord. 852 § 6, 2013; Ord. 848 § 4, 2013; Ord. 845-U § 5, 2012; Ord. 844 § 5, 2012; Ord. 811 § 1, 2008; Ord. 806 § 1, 2007).

A. Consideration of Fractional Remainders. When a fractional figure is found as a remainder in computations made to determine required off-street parking facilities, said fraction shall be construed as a whole number.

B. Parking in Buildings. Where required parking computations are based on floor area, floor space devoted to parking within a building, or necessary interior driveways and ramps thereto, shall be excluded. A building, or portion of a building, devoted exclusively to parking shall have no off-street parking space requirements. (Ord. 806 § 1, 2007).

A. Parking Space Dimensions. The minimum size of required parking spaces shall be:

1. Standard parking spaces, a width of nine feet and a length of 20 feet.

2. Compact parking spaces, a width of eight feet and a length of 15 feet, and shall:

a. Only be permitted for residential uses through an affordable housing incentive (refer to Chapter 9.59 BGMC, Affordable Housing Density Bonus and Incentives).

b. Only consist of maximum 40 percent of the number of parking spaces required by this chapter.

c. Each be clearly striped and marked with the words “Compact only.”

3. Parking garages and carports shall have an additional one-foot clearance from any wall or structure, resulting in a 20-foot by 20-foot clear interior dimension for two-car garages.

B. Maneuvering Areas Adjacent to Parking Spaces. Maneuvering areas adjacent to parking spaces shall be arranged in accordance with the diagrams contained in this section, except that back-up clearances for residential parking spaces shall be a minimum of 26 feet from any property line, structure, or obstacle to allow for maneuvering.

1. Where a rear lot line adjoins an alley, the full width of such alley may be considered as a part of the depth of the required back-up clearance for residential parking spaces to allow for maneuvering.

C. Standards Chart (Nine-Foot by 20-Foot Spaces).

D. Diagrams (Nine-Foot by 20-Foot Spaces).

E. Ramp Standards.

F. Required Driveways, Other Than Maneuvering Areas.

1. Driveways for Other Uses. Driveways, other than maneuvering areas, providing vehicular access to uses other than residential uses, shall have an unobstructed paved driveway not less than 20 feet in width. In lieu of a 20-foot driveway, two one-way driveways, each not less than 10 feet in width, may be substituted; provided, that such one-way driveways shall have directional markings to indicate and ensure one-way circulation. All vehicles shall enter the street in a forward manner.

2. Driveways for Residential Uses. Driveways, other than maneuvering areas, serving to provide vehicular access to residential uses in any zone shall conform to the following provisions:

a. Driveways shall have a width of not less than 12 feet.

b. Driveways directly in front of a garage or carport shall have the same width as the garage or carport entry and a minimum depth of 20 feet.

c. Driveways serving eight or more dwelling units shall have a width of not less than 24 feet. In lieu of a 24-foot driveway, two driveways of not less than 12 feet each may be substituted. Where used, such driveways shall have directional signs provided to ensure one-way ingress and egress respectively.

G. Turn-Around Areas. Any required garage, carport or parking space situated more than 100 feet from the street or highway from which access is taken, and served by a driveway or aisle less than 20 feet in width, shall have a motor vehicle turn-around area adjacent thereto.

H. Vertical Clearance. Driveways, maneuvering aisles, turn-around areas and ramps shall have a vertical clearance of seven and one-half feet for their entire length and width.

I. Modification. The community development director or city engineer may, without notice or hearing, grant a modification of the parking space layout, driveways, ramps, maneuvering aisles or turn-around areas required by this section where topographic features, subdivision plans, or other conditions create an unnecessary hardship or unreasonable situation, making it impractical to require compliance with said requirements. All requests for modification shall be subject to the provisions of Chapter 9.58 BGMC, Site Plan Review. (Ord. 938 § 12, 2023; Ord. 933 §§ 3, 4, 2023; Ord. 806 § 1, 2007).

A. Required parking for six or more motor vehicles shall be arranged to permit vehicular traffic to move into and out of the parking area without the backing of any motor vehicle onto a street or highway.

B. One-way driveways, ramps, and aisles shall have directional markings to indicate and assure one-way circulation.

C. Parking areas, driveways, maneuvering aisles, ramps and turn-around areas shall be kept free and clear of obstructions at all times. (Ord. 806 § 1, 2007).

A. Paving. All required parking spaces, maneuvering areas and any driveways used for access thereto shall be paved with:

1. Concrete surfacing to a minimum thickness of three and one-half inches and shall include expansion or contraction joints as necessary; or

2. Asphaltic-type surfacing compacted to a minimum thickness of one and one-half inches laid over a base of crushed rock, gravel or other similar material compacted to a minimum thickness of four inches. The city engineer may waive or modify the requirements of said base where:

a. A qualified engineer retained to furnish a job-site soil analysis finds that said base is unnecessary to ensure a firm and unyielding subgrade equal to that provided if said base were required from the standpoint of service, life and appearance of said asphaltic surfacing, and so states in writing together with a copy of his findings and certification to such effect;

b. Other information available to the city engineer that provides, in his opinion, similar evidence; or

3. Other alternative material approved by the city engineer that will provide at least the equivalent in service, life and appearance provided if developed as specified in subsection (A)(1) or (2) of this section.

B. Marking of Parking Spaces. Motor vehicle parking spaces shall be permanently and clearly marked with paint or other easily distinguishable material, except spaces located in a garage or carport.

C. Bumper Guards or Wheel Stops. Bumper guards or wheel stops, where appropriate, shall be provided for all motor vehicle parking spaces, except spaces established in a garage. No motor vehicle shall overhang a public right-of-way.

D. Walls.

1. Front Yards and Corner Lot Side Yards. Where parking spaces, driveways, maneuvering aisles, and turn-around areas are located adjacent to the front lot line or adjacent to a side yard abutting a street, a solid masonry wall, not less than 30 inches in height, shall be established parallel to and not nearer than five feet to the lot line, and the area between the wall and lot line shall be landscaped and permanently maintained, except that:

a. No portion of a required front yard in a residential or agricultural zone may be developed for required parking; and

b. In zones other than residential or agricultural, the planning commission may, without notice or hearing, permit establishment of the required wall closer than five feet to the front lot line where topographic features, subdivision plans, or other conditions create an unnecessary hardship or unreasonable situation making it impractical to require compliance with said requirements. All requests for modification shall be subject to the provisions of Chapter 9.58 BGMC, Site Plan Review.

2. Interior Side or Rear Yards. Where required parking facilities for six or more motor vehicles are located on land adjoining a residential or agricultural zone, such parking facilities shall, except as otherwise provided herein, have a solid masonry wall, not less than six feet nor more than seven feet in height, established along the side and rear lot lines adjoining said zones, except that:

a. Where such wall is located within 10 feet of any street, highway, or alley and would interfere with the line of sight of the driver of a motor vehicle leaving the property on a driveway, or moving past a corner at the intersection of two streets or highways, said wall shall not exceed a height of 42 inches.

b. Such wall shall be not less than four feet in height above the surface of the adjoining property. If said wall is more than six feet in height above said adjoining property, it shall be set back from the adjoining property line a distance of one foot for each one foot in height above six feet.

E. Landscaping.

1. Where a wall is required to be set back from a lot line, the open area between said lot line and said wall shall be landscaped and permanently maintained.

2. Required parking facilities for 10 or more motor vehicles shall, in addition, include interior landscaping to cover not less than two percent of the area devoted to outdoor parking facilities.

3. Required landscaping shall be subject to the provisions of Chapter 9.34 BGMC, Landscaping, and Chapter 9.58 BGMC, Site Plan Review.

F. Lighting. Lighting of outdoor parking areas shall be arranged to prevent glare or direct illumination in any adjacent residential or agricultural zone.

G. Carports Opening to Street in Residential Areas. Carports or other parking spaces not fully enclosed, opening to, or facing the front property line or side property line adjacent to a street shall be prohibited.

H. Maintenance. Parking spaces, driveways, maneuvering aisles, and turn-around areas shall be kept free of dust and litter at all times, and markings, paving walls, light standards, and all other facilities shall be permanently maintained.

I. Bicycle Parking Spaces and Facilities.

1. Development Standards for Bicycle Parking Spaces.

a. General Requirements. All bicycle parking spaces shall be:

i. Directly adjacent to a bicycle rack or within a secure, single bicycle locker and allow for convenient, unobstructed access to such bicycle rack or locker; and

ii. Located so as not to block pedestrian entrances, walkways, or circulation patterns in or around nearby facilities or structures.

iii. New or existing automobile parking spaces required by the code for all uses may be replaced by bicycle parking at a ratio of one standard or compact automobile parking space for every four required or nonrequired bicycle parking spaces provided.

iv. Automobile parking spaces for nonresidential projects or buildings located within one-half mile of a major transit stop, as defined in Subdivision (b) of Section 21155 of the California Public Resources Code, may replace up to 30 percent of the required automobile parking spaces with bicycle parking.

v. For buildings with less than 20 required automobile parking spaces, up to four automobile parking spaces may be replaced.

b. Bicycle Racks. When using bicycle racks, they shall be:

i. Installed to support an entire bicycle, including the frame and wheels, so that the frame and wheels can be locked without damage when using a customary, heavy-duty cable, or U-shaped bicycle lock;

ii. Securely anchored to a permanent surface; and

iii. Installed to allow bicycles to remain upright when locked, without the use of a kickstand.

c. Bicycle Lockers. When using bicycle lockers, they shall be:

i. The minimum size of 30 inches by 72 inches by 48 inches; and

ii. Securely anchored to a permanent surface.

d. Location of Bicycle Parking Spaces.

i. Located in a well illuminated, secure, and covered area;

ii. Access to and from nearby public streets and sidewalks for the target users of the bicycle parking, who may or may not include the general public;

iii. Located at surface levels near main pedestrian entrances to nearby facilities or structures, or in the parking garages of such facilities or structures; and

iv. Bicycle racks or lockers may not be visible from the public right-of-way and shall be accessible only to residents and owners, operators, and managers of a residential facility when the involved use is residential.

e. Signage. Signage identifying the location of such bicycle parking shall be included in the project design. Preferred signage locations for this purpose shall be building access ways, streets, and sidewalk approaches, and nearby bicycle paths or facilities.

J. EV Parking Spaces and Facilities.

1. Development Standard for EV Parking Spaces.

a. Location. When ADA space is provided, the electric vehicle charging space shall be located adjacent to an accessible parking space meeting the requirements of the California Building Code, Chapter 11A, to allow use of the EV charger from the accessible parking space.

i. The charging space shall be located on an accessible route, as defined in the California Building Code, Chapter 2, to the building.

b. Size. Any parking space served by electric vehicle supply equipment and any parking space intended as a future electric vehicle charging space shall qualify as a required standard automobile parking space where such parking space meets or exceeds the minimum length and width requirements for a standard automobile parking space identified in BGMC 9.38.070.

c. Signage. Signage shall be installed for electric vehicle charging spaces, restricting the electric vehicle charging spaces for electric vehicles only. (Ord. 938 §§ 13, 14, 2023; Ord. 806 § 1, 2007).

A. A site plan shall be submitted to the planning commission, pursuant to the provisions of Chapter 9.58 BGMC, Site Plan Review, prior to the establishment of any required parking facilities for 10 or more motor vehicles. Said plan shall contain a detailed parking arrangement, accurately dimensioned, showing individual parking spaces not less than nine feet by 20 feet in size, aisles and driveways indicating adequate ingress and egress.

B. For required parking facilities having less than 10 spaces where no site plan has been submitted, or where the detailed parking arrangement required in subsection (A) of this section is inadequate to accurately compute parking spaces, and the planning commission so finds, required parking spaces shall be determined on the basis of 400 square feet of usable lot area per motor vehicle. (Ord. 806 § 1, 2007).

The following provisions shall apply to all required loading facilities:

A. Required loading facilities shall be located on the same lot or parcel of land as the use served.

B. The minimum area required for a loading space shall be not less than 250 square feet where the gross floor area of all buildings on the lot or parcel of land is not more than 20,000 square feet.

C. The minimum area required for a loading space shall be not less than 500 square feet where the gross floor area of all buildings on the lot or parcel of land is more than 20,000 square feet and not more than 50,000 square feet.

D. The minimum area required for a loading space shall be not less than 750 square feet where the gross floor area of all buildings on a lot or parcel of land exceeds 50,000 square feet.

E. The minimum required loading area shall be not less than 10 feet in width and 25 feet in length, and shall have an unobstructed height of not less than 14 feet.

F. The required loading area shall be accessible from a street, highway or alley.

G. The planning commission may, without notice or hearing, grant a modification of the loading facilities required by this section where topographic features, subdivision plans, or other conditions create an unnecessary hardship or unreasonable situation making it impractical to require compliance with said requirements. All requests for modification shall be subject to the provisions of Chapter 9.58 BGMC, Site Plan Review. (Ord. 806 § 1, 2007).

For the purposes of this title, the sign regulations shall govern all forms of advertising, public notices, and other similar activities. The intent and purpose of the sign regulations is to:

A. Establish regulations governing signs and other advertising media within the various zone classifications of the city, and to expressly prohibit all signs and other advertising of any type whatsoever except as herein specifically permitted. This chapter shall not regulate the construction and/or structural phases of signs and other advertising, which are regulated by the city building laws.

B. Recognize and strongly subscribe to the right to advertise, and to keep such right within reasonable boundaries consistent with goals and objectives of the community by restraining its image, character, community design, and the economic advantages which rest largely on the quality of the city’s appearance. Advertising must be balanced between the right to advertise and the right of the community to be protected against a visual and public trumpeting of overbearing commercialism. In order to protect the best interests of the community, the regulations contained in this chapter will prevent the invasion, abuse and intrusion of blatant commercialism that is not conducive to manmade and natural beauty and the environmental dignity of the city. (Ord. 806 § 1, 2007).

For the purpose of this section, the following terms shall have the following meanings:

A. “Abandoned sign” shall mean a sign which no longer identifies or advertises a bona fide business, lessor, service owner, product, or activity, and/or for which no legal owner can be found.

B. “Area of sign” (or “sign area”) shall mean the surface area within the outer limits, including any frame or border, of a single-faced sign. The area of a sign without a border, frame, or background shall be computed by enclosing the entire sign, or collectively all of the letters or other units thereof, within sets of parallel lines touching the outer limits of the sign.

C. “Attached sign” shall mean any sign that is fastened, attached, connected, or supported in whole or in part by a structure.

D. “Banner sign” shall mean a temporary canvas or plastic sign attached to the wall of a building for the promotion of a business’s grand opening only.

E. “Billboard” (also known as “advertising structure”) shall mean a sign and sign structure primarily located along major transportation routes for display to the traveling public and designed to accommodate sales messages, which may be changed from time to time. Billboards are normally located off site and generally owned by an outdoor advertising company.

F. “Building face” shall mean the surface area of a building elevation excluding any vertical projections, such as a parapet or pylon, more than four feet above the top wall plate. Building face area shall be determined by the community development director or his duly authorized deputy in the case of A-frame structures or other similar structures upon which the exposed roof area comprises an unusually large portion of the elevation; no more than half of the roof portion of the elevation shall be included.

G. “Copy” (or “sign copy”) shall mean any and all letters, words, numerals, characters, illustrations, insignias, symbols, statuary or any other advertising material placed upon a sign.

H. “Copy area” shall mean the actual area of the sign copy which shall be determined by sets of parallel lines touching and encompassing the individual unit or words comprising the sign copy.

I. “Directional sign” shall mean a sign designed to guide or direct vehicular or pedestrian traffic and containing no copy other than directional words or symbols.

J. “Electronic billboard” shall mean signs, signboards, or outdoor advertising displays utilizing digital message technology capable of changing the static message, copy, or graphic on the sign electronically or wirelessly via computer or any other means. This includes, without limitation, billboards also known as digital billboards or LED billboards.

K. “Electronic display sign” means a permanently installed sign on private property that changes displays for temporary advertisements or messages for a business conducted, product or services available or rendered, goods produced, sold, or event directly associated with the property on which the sign is located and which message may be changed at reasonable intervals by electronic process or remote control and which does not include any flashing, blinking, intermittent, or moving light or lights during the operation of the sign.

L. “Freestanding sign” shall mean a detached sign or a sign which is not attached to or supported by a building, including, but not necessarily limited to, signs erected upon the ground, supported by poles, columns or uprights.

M. “Monument sign” means a freestanding sign that is detached from a building and having a support structure that is a solid-appearing base constructed of a permanent material, such as concrete block or brick, and where the bottom edge of the sign face is no more than 24 inches above the ground.

N. “Motion sign” shall mean a sign any part of which revolves, exhibits motion or animation, or which flashes, pulsates, blinks, scintillates, changes color, or simulates such characteristic; except, for the purposes of this title, barber poles, public service, time and temperature signs or change-copy signs shall not be considered motion signs if the messages are displayed at intervals no less than five seconds apart.

O. “Nameplate” shall mean any sign that indicates the name of the occupant of the property and which also may include the address and the identification of the building.

P. “Nonconforming sign” shall mean a sign erected legally which does not comply with the most current adopted sign restrictions and regulations.

Q. “Off-site sign” shall mean any sign which is not located on the same property of the business or entity advertising by such sign, unless within a commercial or industrial center. An off-site sign does not include instances where a ground, roof or projecting sign may be located on an adjacent parcel of land in order to comply with minimum frontage requirements for these types of signs.

R. “On-site sign” shall mean a sign on which the copy refers only to occupants, products, services, or uses on or disposition of the real property upon which the sign is located. In certain instances, an on-site sign may be located on an adjacent property in order to satisfy minimum frontage requirements for a ground, roof or projecting sign.

S. “Pole sign” means a freestanding sign detached from a building so that the bottom edge of the sign is six or more feet above finished grade elements and mounted on one or more poles that are architecturally dissimilar to the design of the sign.

T. “Projecting sign” shall mean any sign attached to, supported by, or suspended from, any part of a building or structure and projecting more than 18 inches therefrom. This definition does not include roof signs.

U. “Pylon sign” means a freestanding sign in excess of eight feet in height that is detached from a building and is supported by one or more structural elements which are architecturally similar to the design of the sign.

V. “Real estate sign” shall mean a temporary on-site sign on which the copy refers only to the sale, lease, rental, or other disposition of real property.

W. “Roof sign” shall mean any sign erected upon or above the roof of the building, or any sign projecting more than four feet above the top wall plate of a building, or a sign that projects more than four feet above the fascia in the case of a sign on a sloping or shed roof, or a sign affixed to a parapet wall that projects above the highest point of such wall.

X. “Sign” shall mean any object or device designed, intended, or used for verbal or nonverbal visual communication, including, but not necessarily limited to, letters, numerals, words, characters, figures, illustrations, insignias, posters, billboards, or any other object designed or used to identify, advertise, or attract attention to any person, property, building, business, product, or service, and includes sign structure.

Y. “Sign area” means the entire area, within a perimeter defined by a continuous line composed of right angles, which encloses the extreme limits of lettering, logo, trademark, or other graphic representation, together with any frame, supports, structural elements or trim forming an integral part of the display used to differentiate the sign face from the background against which it is placed.

Z. “Sign face area” means the entire surface area upon, against or through which sign copy including lettering, logo, trademark, or other graphic representation is placed.

AA. “Sign structure” shall mean any structure designed, intended, or used to support, enclose, or illuminate a sign, including portions of any building or structure when so designed or used.

BB. “Wall sign” shall mean a single-faced sign attached to and parallel to the building face, projecting not more than 12 inches in thickness from the surrounding building face and without projecting above the nearest roofline.

CC. “Window sign” shall mean any sign painted upon, affixed, or abutting the surface of a window, permitted only for special events and/or promotions and not covering more than 25 percent of the entire window area along a particular facade.

(Ord. 886 § 6, 2018; Ord. 867 § 4, 2015; Ord. 806 § 1, 2007).

The following sign permit requirements shall apply:

A. Sign Permit Required. A sign permit shall be required to erect, construct, alter, paint, relocate or reconstruct any sign within the city. Sign permits shall be issued by the city community development department.

B. Building Permit Required. In addition to a sign permit, issuance of a building permit may also be required. This determination shall be made by the building and safety division of the community development department.

C. Application. Application for a sign permit shall be submitted to the community development department for review by the city. Submittal of a completed application shall include scaled and dimensioned drawings of the proposed sign, which include but are not limited to the following elements: size, height, location, letter type, advertising message, colors, materials, method or type of lighting and such other information as may be required to assure compliance with all appropriate regulations of the city.

D. Issuance. The community development director or his authorized deputy shall issue a sign permit for the erection, construction, alteration, painting, relocation, or reconstruction of a sign whenever an application therefor has been properly submitted and approved in compliance with all appropriate laws and regulations of the city. Every sign permit issued by the director or his authorized deputy shall expire and become null and void if the work authorized by such sign permit has not been completed within 180 days or within such time period as may be authorized. The director may, in writing, suspend or revoke a sign permit issued under provisions of this chapter whenever the sign permit is issued on the basis of a material omission or misstatement of fact, or in violation of any ordinance or any of the provisions of these regulations.

E. Referral to Commission. The community development director may refer signs which otherwise comply with the standards set forth in these regulations to the planning commission for their review and approval, if the community development director determines that the sign(s) have not been appropriately designed, located, installed, resulted in sign clutter, or would otherwise be contrary to the purpose and intent of these regulations and cause a detrimental effect on adjacent and surrounding property.

F. Effect of Issuance. No permit for a sign issued hereunder shall be deemed to constitute permission or authorization to maintain a public or private nuisance, nor shall any permit issued hereunder constitute a defense in an action to abate a nuisance.

G. Fees. Sign permits shall be subject to such fees as may be established by resolution of the city council.

H. Inspection. The applicant shall notify the community development department upon completion of the installation of work for which the permits were issued.

I. Appeals. Any applicant aggrieved by the decision of the community development director regarding the issuance of a sign permit may appeal the decision to the planning commission. Upon written request, the community development department will schedule the appeal for review and determination by the planning commission. If the decision of the planning commission is not considered to be satisfactory, a final appeal may be brought before the city council for a final determination within 10 days after a written notice of appeal with the city clerk. The city council may affirm, modify or reverse the action of the commission. The decision of the city council will be final. (Ord. 806 § 1, 2007).

A sign matrix is hereby established to determine the type of on-site signs that may be constructed within the city. For projects consisting of more than one building or occupancy, the community development department will require that a master sign program for the entire project be submitted and approved.

(Ord. 951 § 4, 2024; Ord. 813 § 2, 2009; Ord. 806 § 1, 2007).

A sign matrix for billboards is hereby established to determine the zones in which they are conditionally permitted and the standards they must abide by:

(Ord. 806 § 1, 2007).

A sign matrix is hereby established to determine the zones in which electronic signs are conditionally permitted and the standards which they are to comply with. Electronic display signs shall be exempt from the design criteria established in Chapter 9.48 BGMC, Eastern and Florence Avenues Facade Design Standards.

(Ord. 909 § 2, 2020; Ord. 867 § 5, 2015).

A sign matrix for signs within the overlay districts is hereby established to determine the standards they must abide by:

(Ord. 886 § 7, 2018; Ord. 806 § 1, 2007).

A. Purpose and Intent. Electronic billboards are recognized as a legitimate form of commercial advertising in the city; however, the size, number, location, and illumination of electronic billboards can have significant influence on the city’s visual character and quality of life and can, without appropriate controls, create or contribute to visual blight conditions. The purpose and intent of this section are to allow for development of modern forms of billboards in a planned manner within the electronic billboard overlay district (EBOD) in accordance with the regulations and standards established herein. In addition, the purpose and intent of this section are also to provide for the voluntary relocation and replacement of conforming and nonconforming billboards to electronic billboards within the electronic billboard overlay district (“EBOD”) in accordance with the regulations and standards set forth herein.

B. General Requirements.

1. The requirements of this chapter shall apply to the installation or construction of any new electronic billboard within the EBOD, the relocation of any nonelectronic billboard to the EBOD, the expansion and modification of an existing electronic billboard, including the construction of additional face(s) and/or the digitization of an existing billboard within the EBOD.

2. Electronic billboards shall be permitted in the EBOD only after an agreement has been negotiated and executed between the electronic billboard operator and city (“agreement”) 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 installation and operation of any electronic billboard or modification of an existing billboard within the EBOD.

3. An existing billboard or electronic billboard in existence on the effective date of the ordinance codified in this section pursuant to a prior agreement (including any amendments or extensions thereof) or other lawful permit may be relocated and rebuilt as an electronic billboard only within the EBOD. All electronic billboards constructed within the EBOD shall comply with this chapter and all applicable requirements of the California Business and Professions Code and the California Code of Regulations. In accordance with the California Business and Professions Code Section 5440, new billboards not associated with relocation as described in subsection (B)(4) of this section shall only be allowed in those portions of the EBOD not designated as “landscaped freeways” pursuant to the California Business and Professions Code Section 5216.

4. In accordance with the California Business and Professions Code Section 5443.5, relocated billboards shall be allowed only in the EBOD as an electronic billboard and shall not be permitted in any location which would result in violation of any applicable federal, state, or local law. Billboards to be relocated to the EBOD may originate in areas outside the EBOD, provided the agreement required by this chapter documents its location and removal, and the benefits associated with such relocation. 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;

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

c. The applicant chooses to completely demolish and relocate an existing billboard, including a legal nonconforming billboard, and construct a new electronic billboard within the EBOD in order to reduce the overall negative aesthetic impacts of billboards on the city and its residents and to provide public benefits for such relocation pursuant to the agreement for the project;

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

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

5. 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.

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

7. No electronic billboard shall be approved for construction, modification, or expansion, and no electronic billboard may be maintained, unless the applicant provides evidence that a designated maintenance service is available by telephone and able to respond to a repair call “24/7” in the event an electronic billboard becomes damaged or is malfunctioning.

8. All electronic 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.

C. Physical Requirements.

1. The minimum distance between electronic billboards or static billboards placed within the EBOD or between billboards and the freeway right-of-way 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.

2. All utilities for an electronic billboard shall be underground.

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

4. The maximum total electronic billboard face area on any vertical plane for any electronic billboard shall be 672 square feet, with a maximum height of 14 feet and maximum width of 48 feet per sign face.

5. The maximum height of any electronic billboard, including nondigital sign faces, shall be 65 feet as measured from the bottom of the billboard supports to the highest point of the sign face.

6. All electronic 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.

7. Electronic billboards projecting over a driveway or driving aisle shall have a minimum clearance of 30 feet between the lowest point of the sign and the finished driveway grade. Billboards shall comply with any California Department of Transportation requirements for placement and operation. No part of any electronic billboard shall cross onto an adjacent private property.

8. Electronic billboards projecting over a pedestrian walkway shall have a minimum clearance of 30 feet between the lowest point of the sign and the walkway grade.

9. Electronic billboards not projecting over drive areas shall have a minimum clearance of 30 feet between the lowest point of the electronic billboard and finish grade level.

10. Electronic billboard structures shall be free of any visible bracing, angle iron, guy wires, cable, and/or similar supporting elements. All exposed portions of an electronic billboard, including backs, sides, structural support members and support poles, shall be screened to the satisfaction of the director of community development.

11. Electronic billboards shall be placed at least 150 feet from any residential zone or residential use. The measurement shall be from the closest edge of the billboard to the nearest residential zone or boundary line of property on which a residential use is located. However, this distance requirement may be reduced or eliminated if the city council makes the finding regarding light impacts set forth in subsection (F) of this section.

D. Operational Requirements.

1. No electronic billboard shall display any statement or words of an obscene, indecent, or immoral character, as that phrase is used in Business and Professions Code Section 5402 and judicial decisions interpreting the same.

2. Each electronic billboard shall be connected to the National Emergency Network and provide emergency information, including child abduction alerts (i.e., “Amber Alerts”), in accordance with local and regional first responder protocols.

3. Electronic Billboard Operating Criteria.

a. Each static message shall not include flashing lights or the varying of light intensity.

b. Minimum Display Time. Each message shall be displayed for a minimum of four seconds.

c. Electronic billboards shall not operate at brightness levels of more than 0.3 foot-candles above ambient light, as measured using a foot-candle meter, at a preset distance as set forth under this section.

d. Preset distances to measure the foot-candles impact vary with the expected viewing distances of each size sign and shall comply with the following:

e. Each electronic billboard shall have a light-sensing device that will adjust the brightness as ambient light conditions change.

4. Each electronic billboard shall be designed and required to freeze the display in one static position, display a full black screen, or turn off, in the event of a malfunction.

5. Walls or screens at the base of the electronic billboard shall not create a hazard to public safety or provide an attractive nuisance and shall be continually maintained free from graffiti.

6. Electronic billboards shall not be operated in such a fashion as to constitute a hazard to safe and efficient operation of vehicles on streets or freeways and shall comply with all applicable local, state, and federal laws and regulations. Electronic billboards when operated in accordance with the operating criteria in subsection (D)(3) of this section shall be deemed to be in compliance with this subsection and all requirements of the California Department of Transportation.

7. No electronic billboard shall simulate or imitate any directional, warning, danger or information sign, or any display likely to be mistaken for any permitted sign intended or likely to be construed as giving warning to traffic; for example, using such words or phrases as “stop” or “slow down.”

8. No electronic billboard shall involve any red or blinking or intermittent light that may be mistaken for warning or danger signals nor shall its illumination impair the vision of travelers on the adjacent freeway and for roadways. Electronic billboards when operated in accordance with the operating criteria in subsection (D)(3) of this section shall be deemed to be in compliance with this subsection.

9. Electronic billboards shall be operated and maintained in compliance with Business and Professions Code Section 5403.

E. The requirements set forth under subsections (B), (C), and (D) of this section shall be in addition to any other conditions and requirements contained in the agreement, provided they are not in conflict. If any condition or requirement imposed in an agreement conflicts with the general requirements set forth in these subsections (B), (C), and (D) of this section, the general requirements of subsections (B), (C), and (D) of this section shall control. For purposes of this subsection, conditions or requirements contained in an agreement that are more restrictive than those contained in the general requirements of subsections (B), (C), and (D) of this section shall not be in conflict.

F. Application Requirements – Review Procedures.

1. Application Requirements. An entity wishing to erect a new electronic billboard, completely demolish and relocate an existing nonconforming or conforming billboard, or modify and convert an existing billboard into an electronic billboard within the EBOD, shall submit a request in writing for approval of an agreement as described under subsection (B) of this section 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 electronic billboard or the relocated or modified billboard to be converted to an electronic billboard and the billboard(s) being permanently removed, where applicable;

c. Information that establishes that the entity proposing the agreement has legal or equitable interest in the proposed new or relocated billboard being removed or modified along with proof of legal or equitable interest in the site proposed for the above said purpose(s), including, but not limited to, a fee interest, lease, easement or other entitlement, demonstrating the right to install and operate the billboard on the subject property. Information to be provided shall include the written consent of the property owner if not readily ascertainable from the foregoing documents.

d. Conceptual design drawings for the billboard(s) that includes technical specifications to determine the electronic 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. Photos of all existing signage, architectural renderings and elevations of the proposed electronic billboard, and a scaled site plan and elevations showing the locations of all existing structures and improvements on the property, and the proposed billboard.

g. Photo simulations shall be provided of the before-and-after physical site appearance from views as specified by the director of community development.

h. A photometric study prepared by a city-approved lighting engineer demonstrating compliance of the electronic billboard with the operational criteria of this section.

i. The applicant shall 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 of the application.

j. The applicant shall pay the cost of any environmental studies and reports necessary for the completion of the environmental review of the proposal pursuant to the California Environmental Quality Act.

k. Such other documents, materials, or information deemed reasonably necessary by the director of community development.

2. Review Process.

a. All agreements shall be reviewed by the planning commission at a duly noticed public hearing. The public hearing shall be noticed in accordance with Chapter 9.54 BGMC. The planning commission shall review the agreement and, after a duly noticed public hearing, make a recommendation to the city council based on applicable development standards, the location of the proposed new, relocated or modified or expanded billboard, and whether the proposed electronic billboard meets the findings contained in this section.

b. The city council shall conduct a duly noticed public hearing, no later than 60 days after the planning commission recommendation, to review and consider the agreement. The hearing before the city council shall be noticed pursuant to Chapter 9.54 BGMC and may be continued from time to time. In order to approve a request for an agreement, the city council shall make the findings contained in this section.

c. Findings for Approval of an Agreement. The following findings shall be made by the planning commission in making its recommendation to the city council and by the city council in approving any application for an agreement to construct new, relocate or modify, or expand a billboard within the EBOD:

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

ii. The proposed installation site is compatible with the uses and structures on the site and in the surrounding area;

iii. The proposed electronic billboard would not create a traffic or safety problem, including problems associated with on-site access circulation or visibility;

iv. The proposed electronic billboard would not interfere with on-site parking or landscaping required by city ordinance or permit;

v. The proposed electronic billboard would not otherwise result in a threat to the general health, safety and welfare of city residents; and

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

vii. It has been determined that artificial light and glare impacts of the proposed electronic billboard at less than 150 feet from a residential zone or residential use are not significantly greater than they would be at a distance of 150 feet, as demonstrated to the satisfaction of the city by a study of the particular site. (Ord. 921 §§ 2, 3, 2022; Ord. 886 § 8, 2018).

Uses along portions of Eastern and Florence Avenues shall abide by the sign standards found in Chapter 9.48 BGMC, Eastern and Florence Avenues Facade Design Standards. (Ord. 806 § 1, 2007).

A. Corner Lot Signs. On corner lots, the amount of sign area permitted for one street frontage is not transferable to another. A sign erected at the corner and visible from both streets shall not exceed the maximum area allowed for the longest frontage.

B. Exposed Sign Face Structural Elements Prohibited. All signs except those abutting against a wall, building, or architectural projection of a building shall be double-faced or the rear of any side of a sign face or cabinet visible to the public shall be provided with a flat-surfaced cover to obscure structural members or elements of the sign face or cabinet.

C. Focus of Direct Light on Residential Property Prohibited. No artificial light of any kind used to illuminate any sign, nor any reflective material, shall be so placed, erected or constructed so as to focus direct light onto adjacent properties.

D. Structural Supports Limited. More than two supporting columns or visible structural supports are prohibited unless approved by the community development director as an architectural or decorative feature.

E. Signs Encroaching on Public Right-of-Way. Marquee signs or other signs permitted to encroach over the public right-of-way shall be erected, constructed, or placed in compliance with regulations specified in Chapters 45 and 62 of the building code and all pertinent provisions of this section.

F. Use of Visible Supports Prohibited. Use of “angle iron” or “I-beams” for visible structural supports is prohibited unless covered with decorative material and approved by the community development director as an architectural or decorative feature. The use of exposed or visible guy wire supports is prohibited.

G. Street Address Required. In conjunction with the construction, repair, etc., of any sign requiring the issuance of a sign permit, the applicant shall install the numerical street address of his or her business in a prominent location to be visible by passing motorists. This shall be done in compliance with guidelines prepared by the community development department.

H. On-Site Signs. Unless otherwise specified, all signs constructed shall be on-site signs. (Ord. 806 § 1, 2007).

A legally established nonconforming sign lawfully in existence prior to the adoption date of the ordinance codified in this title may remain and be maintained, but shall be made to conform to all provisions of this chapter, including the following:

A. A nonconforming sign shall not be changed to another nonconforming sign.

B. A nonconforming sign shall not be structurally altered so as to extend its useful life. A sign shall be considered to be structurally altered if the construction materials are physically replaced with new materials. The replacement of face copy in a cabinet-type sign does not constitute structural alteration.

C. A nonconforming sign shall not be expanded or altered so as to change the size, shape, position, location or method of illumination of the sign, except as provided for under BGMC 9.40.065, “Electronic billboard regulations and standards.”

D. A nonconforming sign shall not be re-established after discontinuance of the use for 90 days or more. If any use is wholly discontinued for any reason, except pursuant to a valid order of a court of law, for a period of 90 days, it shall be presumed that such use has been abandoned. A use shall be presumed abandoned if the property or structures are vacant or if the occupants are no longer conducting business.

A written notice of this determination will be sent or delivered to the sign owner. The owner shall have 30 days to remove the sign or provide the department of community development with evidence that the use has not been discontinued. The planning commission shall review all evidence and shall determine whether or not the sign is abandoned. All other provisions of enforcement pursuant to Chapter 9.66 BGMC shall apply.

E. A nonconforming sign shall not be re-established after damage or destruction of more than 50 percent of its replacement value, including destruction by an act of nature. (Ord. 886 § 9, 2018; Ord. 806 § 1, 2007).

Lawfully erected signs or advertising displays pertaining to activities or occupants that are no longer using a property shall be removed from the premises, or sign copy on such signs shall be removed and covered over, within 90 days after the associated enterprise or occupant has vacated the premises. A sign is considered abandoned if the occupants are no longer conducting business for a period of 90 days. Such removal shall be in accordance with proper health and safety requirements.

A written notice of this determination will be sent or delivered to the sign owner. The owner shall have 30 days to remove the sign or provide the department of community development with evidence that the use has not been discontinued. The planning commission shall review all evidence and shall determine whether or not the sign is abandoned. The planning commission shall review all evidence and shall determine whether or not the sign is abandoned. All signs not removed within the required 30-day period shall be in violation of the code and owners of the sign and owners of the property shall be subject to penalties for violations under the enforcement and penalties provisions of this title. (Ord. 806 § 1, 2007).

The following signs are exempt from the permit requirements of this chapter; provided, however, that such signs are not exempt from BGMC 9.40.120, Prohibited signs, nor from otherwise applicable provisions of the city building code. Exempt signs shall not be included in the number and area of signs otherwise permitted.

A. Directional or Instructional Signs. On-site signs not to exceed six square feet in area per sign which provide only instructions such as identifying hospital emergency, restrooms, public telephones, directories, vacancies, walkways, no trespassing and those of similar nature; on-site directional signs not to exceed six square feet in area per sign nor more than one sign for each driveway access to a public right-of-way and restricted to four feet in height.

B. Flags. The flags, emblems, or insignias of any national or political subdivision utilized for noncommercial use.

C. Interior Signs. Signs located within the interior of any building, or within an enclosed lobby or court of any building, and signs located within the inner or outer lobby, court or entrance of any theater.

D. Memorial Signs or Tablets. Memorial signs or tablets, names of buildings, and dates of building erection, when cut into the surface or facade of the building.

E. Nameplates. One nameplate not exceeding two square feet in area for each dwelling unit or office.

F. Project Construction Signs. On-site construction or project signs advertising the architect, builder, financing, sale, lease, or related information if limited to 50 square feet in area for each street frontage, placed more than 100 feet from the street intersection if more than one sign used, and provided such sign is removed within 30 days after occupancy is authorized.

G. Public Notices and Governmental Signs. Official notices posted by public officers or employees in the performance of their duties; governmental signs for control of traffic and other regulatory purposes, street signs, danger signs, railroad crossing signs and signs of public service companies indicating danger and aids to service or safety.

H. Real Estate Signs. One six-square-foot on-site real estate sign for each frontage on a public street; provided, that such sign(s) shall be removed within 30 days following the sale, lease, or disposition of the real property.

I. Subdivision Tract Signs. One on-site tract sign not exceeding an area of 160 square feet located within the boundaries of a new subdivision, to advertise directions, price, terms and similar information, provided such advertising display is removed within a period of 18 months, unless an extension has been granted by the community development director.

J. Symbols or Insignias. Religious symbols, commemorative plaques of recognized historical agencies, or identification emblems of religious orders or historical agencies.

K. Political Signs. Pertaining to issues or candidates in a pending election; provided, that said signs are removed within 30 days after the election. (Ord. 806 § 1, 2007).

No person shall erect, construct, relocate, maintain or use any of the following type signs:

A. Balloon Signs. Fixed balloon signs or any lighter-than-air or gas-filled balloon(s) attached by means of a rope or tether to a fixed location are prohibited.

B. Indecent Signs. Signs that display nudity, vulgar language, or other items of adult content as defined in BGMC 9.20.045, Adult entertainment businesses.

C. Intensely Lighted Signs. No sign shall be permitted which because of its intensity of light constitutes a nuisance or hazard to vehicular traffic, pedestrians, or adjacent properties (with the exception of LED signs for public facilities and gas station pricing signs). Electronic billboards approved under BGMC 9.40.065 and which comply with the requirements thereunder shall not constitute an intensely lighted sign under this subsection.

D. Motion Signs. No motion signs shall be permitted (with the exception of LED signs for public facilities).

E. Noise- and Matter-Emitting Signs. No sign or device shall be permitted which emits sound, odor, or visible matter.

F. Painted-On Signs. No signs shall be permitted to be painted on the exterior of building walls.

G. Portable Signs. A-frame and other portable signs of a similar nature.

H. Public Areas. No sign shall be permitted which is placed on any curb, sidewalk, post, pole, electrolier, hydrant, bridge, tree, or other surface or appurtenance or over or across any street or public thoroughfare except as may otherwise expressly be authorized by these regulations.

I. Roof Signs. No signs shall be permitted to be mounted to the roof of a building or to project above the height of any parapet.

J. Traffic Hazards. Signs which, by color, wording, design, location, illumination or similar characteristics, interfere with or may be confused with any authorized traffic sign, signal or control device regulating the safe and efficient flow of traffic; or which may create a safety hazard by obstructing a clear view of pedestrian or vehicular traffic; or which obstruct access to required parking areas.

K. Vehicle-Supported Signs. No person shall park any vehicle or trailer on private property or public right-of-way which has attached thereto or located thereon any sign or advertising device for the basic purpose of advertising products or services or directing people to a business or activity. This section is not intended to apply to standard advertising or identification practice where such signs are painted on or permanently attached to a business or commercial vehicle. (Ord. 886 § 10, 2018; Ord. 806 § 1, 2007).

A. Maintenance and Repair. Each sign shall be operated safely and in good condition, including the replacement and repair of defective parts, painting, repainting, cleaning, and other acts required for the maintenance of a permitted sign.

B. Dangerous or Defective Signs. No person shall maintain or permit to be maintained on any premises owned or controlled by such person any sign which is in a dangerous or defective condition. Any such sign shall be promptly removed or repaired by the business or property owner. (Ord. 806 § 1, 2007).

A. Existing Signs. All signs legally existing as of the effective date of the ordinance codified in this chapter shall be allowed to remain as long as such signs are in compliance with the sign maintenance provisions of these regulations and do not result in changes to the location, height, size or copy of the sign.

B. Alterations to Existing Signs. No sign permit for an on-site sign shall be issued to alter an existing sign in terms of location, height, size or significant change of copy (i.e., more than 33 percent of the total copy area of the sign) until all existing signs for the same use or occupancy are brought into conformance with the provisions of these regulations. Compliance shall occur either prior to or concurrently with the alteration of the existing sign.

C. New Signs. No sign permit shall be issued to construct a new sign for a use or occupancy until all existing signs for the same use or occupancy are in compliance with the provisions of these regulations. Compliance shall occur either prior to or concurrently with the construction of the new sign. (Ord. 806 § 1, 2007).

The uses listed within this chapter shall be allowed only on a temporary basis as noted. A special event permit application shall be subject to review and approval by the community development director, with the exception of items listed in BGMC 9.42.020, which are subject to review and approval by the planning commission through a site plan review application. (Ord. 806 § 1, 2007).

A site plan review application shall be required to be reviewed and approved by the planning commission for the following private uses:

A. Carnivals, private.

B. Circuses, private.

C. Street fairs, private.

D. Other private uses determined by the community development director to be similar. (Ord. 806 § 1, 2007).

Business owners seeking outside sales for special events may apply for a special event permit to be reviewed and approved by the community development department for a specified time period. The following uses shall be eligible based on meeting the stated criteria:

A. Carnivals, Circuses, Street Fairs, and Other Similar Uses. Permitted with a special event permit if located on publicly owned or leased property, or on any general curriculum public or private school grounds, or on property improved with a permanently established church. The sponsorship of such carnival shall be confined to a public agency or religious, fraternal, or service organization directly engaged in civic or charitable endeavors within the city.

B. Seasonal Sales. Allowed in all zones except R-1 and R-2. Permitted uses include all nationally recognized holidays. Business set-up and sales may begin no earlier than 30 days before the holiday with the exception of the Christmas holiday. The sale of Christmas trees and wreaths may take place between November 1st and December 25th, both dates inclusive, to the extent permitted by other statutory and ordinance provisions. Any structures, facilities, and materials used for seasonal sales shall be removed from the premises within 48 hours following the holiday, and the property restored to a clean condition.

C. Holiday Sales. A business owner may apply for an outside sales display in front of his/her own storefront for a nationally recognized holiday only. The special event permit application must be received by the community development department at least seven business days before the event.

D. Grand Openings or Closing Sales. A business owner may apply for an outside sales display in front of his/her own storefront for grand openings or closing sales one time only and within 60 days after opening or before closing.

E. Parking Lot Sales. A multi-tenant shopping center with three or more lease spaces may apply for a parking lot sale. The sales are limited to the businesses leasing the spaces in the center. Parking must be accommodated to prevent any overspill onto the streets or adjacent properties. These uses shall be limited to a period of four times per year, not to exceed three consecutive days.

F. Marathon Dances. Following BGMC 5.28.060, marathon dances are prohibited unless the city issues a special event permit for the dance as a temporary use. The dance may not commence until after a 24-hour period has passed from the time of approval.

G. Filming. The special event permit application must be received by the community development department at least seven business days before the event and must meet the provisions of BGMC Title 5 for business license requirements.

H. Other Similar Events. The community development director may approve a special event permit for a use not described in this section but which the director finds similar and appropriate. The director may also defer the event to the planning commission for review and approval through a site plan review application if he or she deems it necessary for the public welfare. (Ord. 806 § 1, 2007).

The following structures shall be allowed on a temporary basis subject to the time frame and standards noted:

A. Real Estate Sales Office (Trailer or Modular). Permitted for a maximum period of two years and solely for the purpose of conducting sales of lots in a subdivision upon which such office is located, provided such office shall not be used in conjunction with a general real estate business. At the end of two years from the start of construction, any structure used for such purpose shall either be removed or restored for a use permitted in the zone where located, except that the commission may, upon a showing of need by the owner of the property, extend the permitted time for a period not to exceed one additional year.

B. Roll-Off Storage Containers. Permitted for storage purposes only, subject to the following standards:

1. Property must be zoned industrial and be a minimum of one acre in area.

2. Containers may not be visible from any public right-of-way.

3. Screening for containers may not exceed the fence height limits of this title.

4. Containers may not be located on any parking spaces, loading spaces, or drive aisles nor may they obstruct any windows, doorways, or required emergency access.

5. Containers must be kept in good maintenance and painted to complement the existing permanent structures.

6. A site plan review application must be reviewed and approved by the community development director or designee prior to locating the containers on site.

7. Containers are allowed for a maximum time frame of two years. An extension of the site plan review application may be obtained following submittal of a new application and site inspection by city staff.

C. Roll-Off Trash Containers Greater Than Five Cubic Yards. Permitted for construction activity only in association with an approved building permit subject to the following standards:

1. Permitted for a maximum of 60 days and three times per year.

2. May not be located on any parking spaces, loading spaces, or drive aisles nor may they obstruct any windows, doorways, or required emergency access.

D. Tents for Special Events. Tents may only be used in association with a special event permit and require clearance from the building and fire departments as part of the special event permit process.

E. Other Temporary Structure. The community development director may determine that another temporary structure not listed in this section is permitted subject to a site plan review. The time frame and location of said structure shall be at the discretion of the director. (Ord. 806 § 1, 2007).

The following uses shall be required to maintain an on-site refuse dumpster and trash enclosure constructed with the minimum standards outlined in this chapter:

A. Residential. Parcels occupied by five or more residential multifamily rental units shall be required to maintain a trash enclosure area. Existing properties that do not conform to this standard shall be required construction of the enclosure upon adding more than 50 percent total floor area or increasing the density of the site by one or more units.

B. Nonresidential. Commercial and industrial uses, as well as all other uses which require an on-site refuse dumpster, shall be required to maintain a trash enclosure area. Existing properties that do not conform to this standard shall be required to construct the enclosure upon adding more than 10 percent total floor area or requesting city approvals that require planning commission or city council action. (Ord. 893 § 8, 2020; Ord. 813 § 3, 2009; Ord. 806 § 1, 2007).

The following minimum standards shall apply to all new trash enclosures:

A. All proposals for new trash enclosures shall be subject to review and approval by the community development director or his/her designee.

B. No trash shall be allowed to project above the walls of the enclosure.

C. Enclosure shall be constructed in the rear of a property unless no other area exists. If visible from the street, the enclosure shall be screened with landscaping and/or constructed to be architecturally appealing to the satisfaction of the city planner.

D. Enclosure Specifications.

1. Walls. Masonry material consistent with Chapter 9.32 BGMC, Fences, Walls and Hedges.

2. Height and Dimensions. Six feet in height, no more or less, unless an architectural feature is proposed (e.g., decorative trellis) and minimum dimension of six feet in depth by eight feet in width.

3. Gates. No chain-link; must be of solid metal material and maintained closed at all times not in use. Gates must be provided with self-closing and self-latching devices.

4. Floor. Minimum of four inches of concrete with a six-inch concrete curb surrounding the walls to prevent dumpster from damaging walls.

5. Design, Colors, and Materials. The enclosure walls, gate, and trellis must match and complement the main structure on the site. The trellis must be metal and decorative (lattice-type) in style. (Ord. 893 § 8, 2020; Ord. 806 § 1, 2007).

A. Partially Developed Blocks. Where some lots or parcels of land in a block are improved or partially improved with buildings, each lot or parcel of land in said block shall have a front yard depth of not less than the average depth of the front yards of land adjoining on either side. A vacant lot or parcel of land, or a lot or parcel of land having more than the front yard depth required in the zone, shall be considered for this purpose as having a front yard of the required depth.

B. Key Lots. The depth of the required front yard on key lots or parcels of land shall not be less than the average depth of the required front yard of the adjoining interior lot or parcel of land and the required side yard of the adjoining reversed corner lot or parcel of land.

C. Pavement versus Landscape. Paved areas, including walkways and hardscape, within the front yard of a residential use shall not exceed 50 percent of the total front yard. (Ord. 806 § 1, 2007).

A. Width. Each interior lot or parcel of land with a lot width of 50 feet or less in zones having required side yards shall have side yards as required by the zone, but in no event shall the width of such required side yards be less than three feet.

B. Corner or Reversed Corner Lots.

1. Corner or reversed corner lots or parcels of land shall have side yards as required by the zone.

2. If the area of a corner or reversed corner lot or parcel of land is larger than the required area indicated for the zone in which the lot or parcel of land is located, then the length of the required side yard setback line on the street or highway side of the property shall be determined from the table in subsection (B)(3) of this section, and the remainder of the property on the side bounded by the street or highway shall have a required yard depth equal to the depth required for the adjacent front yard.

(Ord. 806 § 1, 2007).

Repealed by Ord. 933. (Ord. 806 § 1, 2007).

A. Location of Accessory Buildings with Regard to Interior Side and Rear Lot Lines.

1. Accessory structures shall be prohibited in the front yard and shall not be visible from the street.

2. When located in the rear yard on a corner lot, accessory structures must be fully enclosed and match the design of the primary structure, including the roof pitch.

3. Accessory structures greater than 120 square feet in area and more than six feet in height may be located within a required rear yard or interior side yard, but not less than five feet, provided such buildings are located:

a. Seventy-five feet, or more, from the front property line when the lot depth exceeds 100 feet; and

b. All combined structures do not cover more than 45 percent of the required rear yard area.

4. Accessory structures less than 120 square feet in area and less than six feet in height may be located up to the rear property line regardless of the distance from the front property line as long as all combined structures do not cover more than 45 percent of the required rear yard area.

B. Notwithstanding the provisions of this section, a detached accessory building having an opening more than six feet wide facing an existing or proposed alley shall be located not less than 20 feet from the center line of said alley. If the accessory structure is a garage or carport, all vehicles shall be maintained within the footprint of the structure to avoid overlap onto the alley. Otherwise, the opening must face the interior of the lot and meet the minimum turning radius requirements of the Bell Gardens Municipal Code.

C. Whenever a utility pole is situated on any property line, a distance of four feet shall be maintained between the accessory building and the side property line, providing access to said utility pole. (Ord. 813 § 4, 2009; Ord. 806 § 1, 2007).

A. In addition to accessory buildings permitted by BGMC 9.46.040, Location of accessory buildings in residential yards, the following structures may be erected or projected into any required yard of any zone:

1. Fences and walls as provided in Chapter 9.32 BGMC.

2. Signs as provided in Chapter 9.40 BGMC.

3. Landscape elements including trees, shrubs, and other plants.

B. The following projections may extend into a required front or rear yard a distance not to exceed six feet, provided such projections do not approach within two and one-half feet of any front, side or rear property line:

1. Cornices, eaves, belt courses, sills, buttresses or other similar architectural features.

2. Fireplace structures and bays, not wider than eight feet measured in the general direction of the wall of which it is a part, provided said fireplace or bay does not project more than three feet into any required front or rear yard setback.

3. Open and unclosed fire escapes, balconies, stairways and door stoops.

4. Awnings.

5. Planting boxes or masonry planters, not to exceed a height of 42 inches.

C. The following improvements shall not be permitted in the front yard of any property:

1. Pools and spas;

2. Pre-manufactured canopies/carports and storage sheds;

3. Mechanical equipment; and

4. Any other improvement determined by the community development director to be detrimental to the aesthetics of the neighborhood.

(Ord. 806 § 1, 2007).

A special setback or building line may be established in any zone on the frontage of any lot or parcel of land pursuant to the procedures of Chapter 9.56 BGMC, Amendments. Such a special setback or building line shall supersede that required by the zone classification of the lot or parcel of land upon which it is placed. (Ord. 806 § 1, 2007).

In all zones, building lines are hereby established parallel to the center line of every major and secondary highway, parkway and street equal to the setback, if any, otherwise required by this title or any other ordinance, plus:

A. Fifty feet from the center line of every major highway.

B. Forty feet from the center line of every secondary highway.

C. One-half the planned ultimate width of all streets pursuant to the standards of Division 6 of this title, Subdivision Regulations, unless, in the opinion of the commission, topographic features, subdivision plans, or other conditions create an unnecessary hardship or unreasonable regulation and the commission deems a lesser width adequate. The commission shall designate the distance from the center line in any case where said ultimate width is not specified. (Ord. 806 § 1, 2007).

A. In all zones, on the intersections of any streets or highways with streets or highways on which BGMC 9.46.070, Property adjoining a street or highway, imposes any setback or building line, a person shall not use any building or structure, except as permitted within a setback by BGMC 9.46.050, Location of other structures and projections into yards, within those triangles formed by the intersection of the setback lines established by BGMC 9.46.070 on such streets or highways for a distance of 17 feet from such intersection on each of such lines and a line connecting the ends of such lines. If there is no setback line on one of such streets or highways, the property line shall be substituted.

B. Corner cut-offs as required in BGMC 9.26.030, Dedication standards, shall be provided as specified in Division 6 of this title, Subdivision Regulations. (Ord. 806 § 1, 2007).

A building or structure shall not be erected or maintained on a lot or parcel of land which abuts a street or highway having only a portion of its required width dedicated and where either no part of, or less than half of, such dedication would normally revert to said lot or parcel of land if the street or highway were vacated, unless the yards provided and maintained in connection with such building or structure have sufficient width or depth in that portion of the lot or parcel of land needed to complete the street or highway width, plus whatever width or depth of yards is required on the lot or parcel of land by this title. (Ord. 806 § 1, 2007).

A. Storage in Yards. No storage shall be permitted in any required front or side yards adjacent to a street or highway.

B. Motor Vehicles. No motor vehicles shall be repaired, dismantled or stored in any required front yard or in any side yard adjacent to a street or highway. (Ord. 806 § 1, 2007).

The commission may, without notice or hearing, grant a modification of yard requirement regulations where topographic features, subdivision plans, or other conditions create an unnecessary hardship or unreasonable situation making it impractical to require compliance with the yard requirements. All modified lots or parcels of land shall be subject to the provisions of Chapter 9.58 BGMC, Site Plan Review. (Ord. 806 § 1, 2007).

The Eastern and Florence Avenues Facade design standards have been established to support and implement the facade rehabilitation program for the commercial businesses located along Eastern Avenue and Florence Avenue within the city. These requirements are necessary to ensure that the goals and policies of the Central City Redevelopment Project Area Plan are accomplished in a manner that protects the health, safety, and welfare of the community, thereby strengthening the physical and economic viability of Eastern and Florence Avenues as a community business district. The goals of this chapter are identified as follows:

A. To strengthen the economic viability of Eastern and Florence Avenues as a vibrant community business center.

B. To enhance the pedestrian character and orientation of Eastern and Florence Avenues.

C. To enhance the visual appearance and quality of design and improvements to existing and proposed structures.

D. To encourage the restoration of existing architectural resources and other structures with character and significant features.

E. To encourage modernization of nonsignificant structures through flexibility and consistency in design.

F. To encourage compatibility of new in-fill developments.

G. To provide for the protection and buffering of residential uses.

H. To continue the community business revitalization program as a commitment and incentive to property owners and business tenants. (Ord. 806 § 1, 2007).

The Eastern and Florence Avenues business district encompasses all of Eastern Avenue and Florence Avenue within the city limits. The specific boundaries of the district are as shown on the adopted zoning map for the city. (Ord. 806 § 1, 2007).

Except as herein modified, all signs shall conform to Chapter 9.40 BGMC, Signs.

A. The sign regulations prescribed herein shall not affect existing signs which were previously established and in accordance with this title. However, any proposed modifications and/or additions to existing signs, including size, shape, colors, lettering and location, shall conform to all current provisions specified herein.

B. All signs in a state of disrepair shall be repaired so as to be consistent with the standards of this title, or removed within 30 days from receipt of notification that a state of disrepair exists.

C. Wall Signs.

1. Shall be entirely flush-mounted and securely attached to a building wall and may only extend from the surrounding wall a maximum of 12 inches.

2. May not extend above the nearest roofline nor extend or protrude beyond the building face.

3. Each business in a building shall be permitted a maximum of two wall-mounted signs facing the street and alley frontage (or three signs if the business is on a corner or has a street frontage of more than 75 feet).

D. Building Tenant Information/Identification Signs.

1. Each tenant is allowed a maximum of two square feet of signage per directory, in addition to the allowed wall signage for business identification.

2. New building/business identification signage, applied to new construction or existing buildings, shall be limited to one sign per principal entrance per frontage, not exceeding a maximum of 15 square feet each.

3. All existing built-in signs (permanent, maintenance-free signs that are constructed as an integral part of the building fabric) which can be identified as in good condition are exempt from these sign provisions. Marquees and canopies shall not be considered to be built-in signs.

4. Metal plaques listing the building name and/or historical information, permanently affixed in a flush manner to the building and in good condition, are exempt from these sign provisions.

E. Prohibited Signs.

1. Animated, flashing, or audible signs.

2. Awning signs.

3. Billboards.

4. Exposed neon signs.

5. Freestanding pole signs.

6. Painted signs on the building surface or exterior window surface.

7. Roof signs.

8. Rotating, moving or other such signs that simulate motion.

F. Sign Size.

1. The total permitted sign area of all signs on a building or site is 10 percent of the building face.

2. Building face area is the height of the building (not including the parapet) multiplied by its frontage.

3. Maximum height of letters shall be restricted to 18 inches. Greater letter sizes shall require the written approval of the city community development department.

G. Sign Design. Design shall be subject to review and approval by the city community development department to ensure that:

1. Sign colors shall complement building colors and materials and be limited to three colors.

2. In multi-tenant buildings, signage colors used for individual shops shall be complementary with each other.

3. Lettering styles shall complement each storefront in a single building.

4. In multi-tenant buildings, the height and placement of signs shall be consistent for each business or storefront. (Ord. 806 § 1, 2007).

Proposed improvements, renovations, and changes pertaining to the following design standards shall comply with the provisions of the applicable standard:

A. Materials.

1. Any exposed building elevation must be architecturally treated in a consistent manner, including the incorporation within the side and rear building elevations of some or all of the design elements used for the primary facades.

2. Consideration must be given to the adjacent structures so that the use of materials is complementary.

B. Colors.

1. Light earth tones, off-whites and light grays should be used as the primary or base building color.

2. Consideration must be given to the adjacent structures so that the use of colors is complementary.

3. Muted pastels or darker complementary colors could be used as trim colors, window and door frames, to accent architectural features or to coordinate graphic features.

C. Awnings.

1. Must be the same color and style for each opening on a single storefront or business.

2. Must be complementary in color and style for each storefront in a building.

3. Must be designed to coordinate with the architectural divisions of the building including individual windows and bays.

4. Must comply with California Building Code and fire department requirements.

5. In a state of disrepair, shall be repaired or removed within 30 days from receipt of notification that a state of disrepair exists.

D. Mechanical Equipment.

1. Individual air conditioning units for a building or storefront must be located to avoid interference with architectural detail and the overall design.

2. If air conditioning units have to be located in the storefront, then window units must be neutral in appearance and not project outward from the facade. The housing color must be compatible with the colors of the storefront. If possible, air conditioning units will be screened or enclosed by using an awning or landscaping.

3. Mechanical equipment located on roofs shall be screened by parapet walls or other material so that the equipment will not be visible from pedestrians at street level or by adjacent residential properties.

E. Prohibited Security Elements.

1. Chain-link, barbed and concertina wire fences are prohibited; tubular steel or wrought iron fences are acceptable.

2. All security bars or grilles shall be installed on the inside of the building.

3. Horizontally folding accordion grilles installed in front of a storefront or in the interior, if visible, are prohibited.

4. Roll-up-type shutters should be open, decorative grilles and concealed within architectural elements of the building. Solid-type shutters are prohibited. (Ord. 806 § 1, 2007).