The purpose of this chapter is to provide uniform performance standards which are designed to minimize and mitigate the potential impacts of development within the City and promote compatibility with surrounding areas and land uses. (§ 2, Ord. 14-13, eff. October 8, 2014)

The provisions of this chapter shall apply to all new and existing land uses, including permanent and temporary uses, in all zoning districts. Existing uses on the effective date of this chapter shall not be altered or modified to conflict with, or further conflict with, these standards. (§ 2, Ord. 14-13, eff. October 8, 2014)

A.    Air pollution. Sources of air pollution shall comply with rules established by the Environmental Protection Agency (Code of Federal Regulations, Title 40) and the California Air Resources Board. No person shall operate a regulated source of air pollution without a valid operation permit issued by the San Joaquin Valley Air Pollution Control District (SJVAPCD). Uses, activities, or processes that require SJVAPCD approval of a permit to operate shall file a copy of the permit with the Department within thirty (30) days of its approval.

B.    Dust and dirt. Land use activities that may create dust emissions (e.g., construction, grading, etc.) shall be conducted in a manner designed to create as little dust or dirt emission beyond the boundary line of the parcel as possible and shall do the following:

1.    Scheduling. Grading activities shall be scheduled to ensure that repeated grading will not be required, and that implementation of the proposed land use will occur as soon as possible after grading;

2.    Operations during high winds. Clearing, earth-moving, excavation operations, or grading activities shall cease when the wind speed exceeds twenty-five (25) miles per hour averaged over one hour;

3.    Area of disturbance. The area disturbed by clearing, demolition, earth-moving, excavation operations, or grading shall be the minimum required to implement the allowed use;

4.    Dust control. During clearing, demolition, earth-moving, excavation operations, or grading, dust emissions shall be controlled by regular watering, paving of construction roads, or other dust-preventive measures (e.g., hydro seeding, etc.), subject to the review and approval of the Director.

a.    Material(s) excavated or graded shall be watered to prevent dust. Watering, with complete coverage, shall occur at least twice daily, preferably in the late morning and after work is done for the day.

b.    Material(s) transported off site shall be either sufficiently watered or securely covered to prevent dust;

5.    On-site roads. On-site roads shall be paved as soon as feasible. During construction, roads shall be watered periodically, and/or shall be chemically stabilized; and

6.    Revegetation. Graded areas shall be revegetated as soon as possible to minimize dust and erosion. Portions of the construction site to remain inactive longer than ninety (90) days shall be seeded and watered until grass cover is grown and maintained, subject to the discretion of the Director.

C.    Exhaust emissions. Any gas or diesel fired backup power generator rated at fifty (50) horsepower or greater shall require prior approval from the San Joaquin Valley Air Pollution Control District (SJVAPCD).

D.    Odor emissions. Any activity that causes noxious odorous emissions in a matter or quantity that is detrimental to or endangers the public comfort, health, safety, or welfare is declared to be a public nuisance and unlawful, and shall be modified to prevent further emissions release. (§ 2, Ord. 14-13, eff. October 8, 2014)

A.    Compliance. Operators of activities, processes, and uses shall comply with all applicable Federal Communications Commission regulations.

B.    Interference. Activities, processes, and uses shall not operate in a manner that produces electric and/or magnetic fields that adversely affect the public comfort, health, safety, and welfare of the community, including interference with normal radio, telephone, or television reception from off of the premises where the activity is conducted.

C.    Public nuisance. Existing or proposed uses that generate electrical disturbances that may be considered hazardous or a public nuisance shall be contained, modified, or shielded to prevent disturbances.

D.    Power shut down. Operators of activities, processes, and/or uses shall not cause power to be shut down in an area without prior approval of the City of Clovis.

E.    Enforcement. As provided for in Chapter 92 of this title. (§ 2, Ord. 14-13, eff. October 8, 2014)

A.    Exterior lighting.

1.    Exterior lighting shall be:

a.    Architecturally integrated with the character of on-site and adjacent structure(s);

b.    Directed downward and shielded so that all direct light and glare is confined within the boundaries of the subject parcel;

c.    Installed so that lights not blink, flash, or be of unusually high intensity or brightness. The “blink and flash” provision does not apply to allowed seasonal decorations in residential areas, Section 9.34.060(P). The unusually high intensity or brightness provision shall apply in all instances; and

d.    Appropriate in height, intensity, and scale to the uses they are serving.

2.    Exterior lighting shall not:

a.    Exceed one hundred fifty (150) watts (or equivalent) or directly illuminate or be visible from adjacent properties.

b.    Result in:

(1)    Indirect illumination of adjacent properties in excess of one-half (0.5) foot-candles;

(2)    A point of overlap between light patterns greater than seven feet (7') for pedestrian lighting systems; or

(3)    An intensity of lighting within the physical limits of an area required to be lighted that is greater than seven (7) foot-candles.

B.    Security lighting. Security lighting shall be provided at all entrances/exits to structures. The minimum illumination shall be two (2) foot-candles at ground level in front of the entrance/exit.

C.    Shielded lighting. Light sources shall be shielded to direct light rays onto the subject parcel only. The light source, whether bulb or tube, shall not be directly visible from an adjacent property or public street rights-of-way. This section does not apply to public street lighting, sign illumination, or traffic safety lighting. (§ 2, Ord. 14-13, eff. October 8, 2014)

All new or modified development shall be built per the currently adopted California Fire Code, related Municipal Code provisions, and current Clovis Fire Code standards and policies. (§ 2, Ord. 14-13, eff. October 8, 2014)

A.    Investigation required. Development shall comply with the provisions of the Alquist-Priolo Earthquake Fault Zoning Act (Public Resources Code, Section 2621 et seq.) and the Safety Element of the City’s General Plan.

B.    Exemptions. In cases where subsection A of this section applies, exemptions from the provisions of this section may be granted under the following circumstances:

1.    The proposal is limited to an addition or alteration to an existing structure that does not exceed twenty-five percent (25%) of the square footage of the structure before the proposed addition or alteration.

2.    A waiver is granted based on a determination that there is no undue hazard of significant rupture.

C.    Geologic investigation.

1.    If a geotechnical report is required by subsection A of this section, a geologic/soils investigation shall be prepared by a State registered geologist or soils engineer. The City has the option to require a second party review of the investigation by a State registered geologist who is either an employee or under contract to the City.

2.    The applicant shall be responsible for all associated review costs. The content of the geologic/soils investigation reports shall include the following: purpose and scope of investigation, geologic setting, site description and conditions, methods of investigation, subsurface and geophysical investigations, conclusions, and recommendations. Copies of all geologic investigations shall be kept on file at the Department. (§ 2, Ord. 14-13, eff. October 8, 2014)

A.    Purpose of section. The purpose of this section is to establish standards to protect the public comfort, health, safety, and welfare of those living and working in the City and to implement goals and policies of the Noise Element of the General Plan.

B.    Declaration of Council policy. Excessive noise levels are detrimental to the health and safety of individuals. Excessive noise is considered a public nuisance and the City discourages annoying, excessive, or unnecessary noises from all sources. Causing, creating, maintaining, or allowing to cause, create, or maintain any noise in a manner prohibited by the provisions of this section, elsewhere in the Municipal Code, or the Noise Element, is a public nuisance and shall be punished in compliance with Chapter 92 of this title (Enforcement).

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

1.    A-weighted sound level. The sound level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA.

2.    Ambient noise. The composite of all noise from sources near and far, excluding the alleged intrusive noise source. In this context, ambient noise shall constitute the normal or existing level of environmental noise at a given location.

3.    Community noise equivalent level (CNEL). A twenty-four (24) hour energy equivalent level derived from a variety of single-noise events, with weighting factors of five (5) and ten (10) dBA applied to the evening (7:00 p.m. to 10:00 p.m.) and nighttime (10:00 p.m. to 7:00 a.m.) periods, respectively, to allow for the greater sensitivity to noise during these hours.

4.    dB (decibel). A unit used to express the relative intensity of a sound as it is heard by the human ear.

5.    dBA. The “A-weighted” scale for measuring sound in decibels; weighs or reduces the effects of low and high frequencies in order to simulate human hearing. Every increase of ten (10) dBA doubles the perceived loudness though the noise is actually ten (10) times more intense.

6.    Emergency alarm, machinery, or vehicle. Any alarm, machinery, or vehicle employed, operated, performed, or used in an effort to protect, provide, or restore safe conditions in the community, or work by private or public utilities when restoring utility service.

7.    Emergency work. Work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.

8.    Impulsive noise. A sound of short duration, usually less than one second and of high intensity, with an abrupt onset and rapid decay.

9.    Intrusive noise. The alleged offensive noise that intrudes over and above the existing ambient noise at the receiving property.

10.    Ldn (day-night average sound level). The A-weighted average sound level for a given area (measured in decibels) during a twenty-four (24) hour period with a ten (10) dB weighting applied to nighttime sound levels. The Ldn is approximately numerically equal to the CNEL for most environmental settings.

11.    Leq. The energy equivalent level, defined as the average sound level on the basis of sound energy (or sound pressure squared), typically measured over a shorter time period than CNEL (e.g., fifteen (15) minutes, thirty (30) minutes, or one hour). The Leq is a “dosage” type measure that is the basis for the descriptors used in current standards (e.g., the twenty-four (24) hour CNEL California).

12.    Noise disturbance. An alleged noise that violates an applicable noise standard of this section, elsewhere in the Municipal Code, or the General Plan.

13.    Noise level (LN). The noise level expressed in decibels that exceeds the identified (LN) value a percentage of total time measured. For example, an L25 noise level means that noise level that is exceeded twenty-five percent (25%) of the time measured.

14.    Sound level meter. An instrument (e.g., amplifier, microphone, output meter, and frequency weighting network), for the measurement of sound levels, that satisfies the requirements pertinent for Type S2A meters in American National Standards Institute specifications for sound level meters.

D.    Noise standards. The following noise standards, unless otherwise specifically indicated, shall apply to all property with a designated noise zone:

1.    If the ambient noise level exceeds the resulting standard, the ambient shall be the standard.

2.    It is unlawful for any person to create any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any property measured at the property line, to exceed either of the following within the incorporated area of the City:

a.    The noise standard for the applicable zone for any fifteen (15) minute period;

b.    A maximum impulsive noise level equal to the value of the noise standard plus twenty (20) dBA for any period of time (measured using A-weighted slow response). Impulsive noise which repeats four (4) or more times in any hour between 10:00 p.m. and 7:00 a.m. shall be measured as continuous sound and meet the noise standard for the applicable zone.

3.    When properties of two (2) different noise zones abut one another, the maximum exterior noise level shall be the lower of the two (2) noise zones where one zone is residential, and in other contexts shall be the average of the two (2) zones.

4.    Commercial, industrial, and recreational uses which create impulsive noise as part of their regular processes, such as through the use of pile drivers, forge hammers, punch presses, and gunshots, shall not be located in any zone district adjacent to a residential zone district unless a noise study is completed demonstrating the impulsive noise does not exceed the standards at the property line for the residential zone district. Impulse noise from these uses shall be measured as continuous sound. The noise study shall be subject to review and approval by the Director or his or her designee, and shall be completed as part of any discretionary permit process for the use or prior to obtaining a building permit. This provision shall not apply to uses existing on the effective date of the ordinance codified in this title.

5.    Emergency electrical generators in residential zone districts shall comply with the California Building Code and California Residential Code, as amended, for the installation and operation of the emergency generator. Test cycle operation shall be limited to the hours between 10:00 a.m. and 4:00 p.m. Emergency electrical generators are intended to provide emergency power to run air conditioning, medical equipment and other household appliances in the event of a rolling blackout or other power grid failure.

E.    Measurement of sound levels. Measurement of sound levels shall be as follows:

1.    Sound level meter. Sound levels shall be measured on the A-weighting network of a sound level meter meeting the requirements of ASA Standards S14-1971 for General Purpose Sound Level Meters, or the latest revision published by the American National Standards Institute, Inc., using the slow meter response. The meter shall be calibrated and used according to the manufacturer’s instructions.

2.    Location of microphone. Measurements shall be taken with the microphone located at any point on the property line of the noise source, but no closer than three feet (3') from any wall and not less than three feet (3') above the ground.

3.    Minimum of two (2) readings. A minimum of two (2) readings shall be taken for a period of ten (10) minutes each with ten (10) minute intervals between measurements. The sound level shall be the average of these readings.

F.    Activities exempt from regulations. The following activities shall be exempt from the provisions of this section:

1.    Emergency exemption. The emission of sound for the purpose of alerting persons to the existence of an emergency, or the emission of sound in the performance of emergency work.

2.    Warning devices. Warning devices necessary for the protection of public safety, (e.g., ambulance, fire, and police sirens, and train horns).

3.    Railroad activities. All locomotives and rail cars operated by a railroad that is regulated by the State Public Utilities Commission.

4.    Federal or State pre-exempted activities. Any activity, to the extent regulation thereof has been pre-exempted by Federal or State law.

5.    Pre-existing uses. Uses existing at the time of the effective date of the ordinance codified in this title, which are in compliance with all applicable standards in effect prior to adoption, and which are not otherwise operating as a nuisance in violation of Article 6 of Chapter 27 of Title 5.

6.    Public health and safety activities. All transportation, flood control, and utility maintenance and construction operations conducted by government entities or utility companies at any time on public rights-of-way, and those situations that may occur on private property deemed necessary to serve the best interests of the public and to protect the public’s health and well-being, including, but not limited to: debris and limb removal; removal of damaged poles and vehicles; removal of downed wires; restoring electrical service; repairing traffic signals; repair of water hydrants; repair of mains, gas lines, oil lines, and sewers; repair and maintenance of flood control and storm water facilities; repair and maintenance of streets and sidewalks.

7.    Ordinary municipal activities. Ordinary municipal activities conducted by the City or other entity having jurisdiction in the City, including, but not limited to: solid waste collection; street sweeping; operation, maintenance, and repair of water production, treatment, and distribution facilities; operation, maintenance, and repair of sewage treatment, collection and distribution facilities; and vacuuming catch basins.

8.    Public safety training activities. Training activities by fire, law enforcement, and public utility officials that cannot reasonably take place within the parameters of this section, including but not limited to training that involves: hydrant testing, pumping hose lays, running chain saws, operating power tools, demolition, vehicle noise, and use of generators.

9.    Public celebrations. Public celebrations, holidays, or occasions generally celebrated, or public parades held under authorized permits; any sporting event or activity conducted under the direction and supervision of any public or private school.

G.    Acts deemed violations of section. The following acts are a violation of this section:

1.    Noise-related nuisances defined in Chapter 27 of Title 5. Violations of Article 6 of Chapter 27 of Title 5 pertaining to unlawful noise-related nuisances shall also be considered a violation of this section.

2.    Construction noise. Construction activities shall be subject to the provisions of Section 5.27.604, which sets forth the permissible hours for construction activity. At all other times, no person shall operate, or cause to be operated, tools or equipment used in alteration, construction, demolition, drilling, or repair work so that the sound creates a noise disturbance across a residential property line, except for emergency work. Stationary equipment (e.g., generators) shall not be located adjacent to any existing residences unless enclosed in a noise attenuating structure, subject to the review and approval of the Director.

3.    Places of public entertainment. Operating, playing, or allowing the operation or playing of a drum, musical instrument, phonograph, radio, sound amplifier, television, or similar device that produces, reproduces, or amplifies sound in a place of public entertainment at a sound level greater than ninety-five (95) dBA (read by the slow response on a sound level meter) at any point that is normally occupied by a customer is prohibited, unless conspicuous signs are located near each public entrance, stating “Warning: Sound Levels Within May Cause Hearing Impairment.”

4.    Stationary nonemergency signaling devices. Sounding or allowing the sounding of an electronically amplified signal from a stationary bell, chime, siren, whistle, or similar device intended primarily for nonemergency purposes, from any place, for more than ten (10) consecutive seconds in any hourly period is prohibited.

5.    Compacting mechanisms. Operating or allowing the operation of the compacting mechanism of any motor vehicle that compacts refuse and that creates, during the compacting cycle, a sound level in excess of eighty-five (85) dBA when measured at fifty feet (50') from any point of the vehicle is prohibited between the hours of 9:00 p.m. and 5:00 a.m.

6.    Vehicle or motorboat repairs and testing. Repairing, rebuilding, modifying, or testing any motor vehicle, motorcycle, or motorboat in a manner as to cause a noise disturbance across property lines or within a noise-sensitive zone is prohibited.

H.    Responsibility to eliminate or reduce acts deemed violations of section. Improvements to eliminate or reduce negative impacts between uses deemed violations of this section shall be provided by the new use, rather than the existing use. (§ 2, Ord. 14-13, eff. October 8, 2014; § 1(2) (Atts. 1, 2), Ord. 20-18, eff. February 3, 2021; § 1(2) (Att. A), Ord. 23-05, eff. August 9, 2023)

A.    Compliance. Land use activities that may produce odors or noxious matter (e.g., fumes, gases, heat, smoke, vapors, etc.) shall comply with the rules and regulations of the State Health and Safety Code and the San Joaquin Valley Air Pollution Control District (SJVAPCD).

B.    Public nuisance. Noxious odorous emissions in a matter or quantity that would be detrimental to, or endanger the public comfort, health, safety, or welfare of the community, are declared to be a public nuisance and unlawful, and shall either be modified to prevent the release of further emissions or shall be punished in compliance with Chapter 92 of this title (Enforcement). (§ 2, Ord. 14-13, eff. October 8, 2014)

Uses that generate vibrations that may be considered a nuisance or hazard on any adjacent property shall be corrected, cushioned, or isolated to prevent the continued generation of vibrations. Uses shall be operated in compliance with the following provisions:

A.    Not perceptible along property line. Uses shall not generate ground vibration that is perceptible without instruments by the average person at any point along or beyond the property line of the parcel containing the activities which generate the vibration.

B.    No discomfort or annoyance. Uses, activities, and processes shall not generate ground vibration that causes discomfort or annoyance to reasonable persons of normal sensitivity or which endangers the comfort, health, or peace of residents whose property abuts the property lines of the subject parcel.

C.    No interference. Uses shall not generate ground vibration that interferes with the operations of equipment and facilities on adjoining parcels.

D.    Temporary construction exempt. Vibrations from temporary construction/demolition and vehicles that leave the subject parcel (e.g., trucks) are exempt from the provisions of this section. (§ 2, Ord. 14-13, eff. October 8, 2014)

A.    Storm Water Pollution Prevention Plan required. Site grading in excess of one acre shall include a Storm Water Pollution Prevention Plan (SWPPP).

B.    Notice of intent required. A notice of intent (NOI) shall be submitted to the State Water Resources Board before commencement of construction. (§ 2, Ord. 14-13, eff. October 8, 2014)

The purpose of this chapter is to provide property development and use standards which are designed to ensure that all development produces an environment of stable and desirable character that is harmonious with existing and future development, and protects the use and enjoyment of neighboring properties, consistent with the General Plan. (§ 2, Ord. 14-13, eff. October 8, 2014)

A.    Applies to more than one zoning district. The standards of this chapter apply to more than one zoning district (e.g., residential, commercial, manufacturing, etc.) and, therefore, are combined in this chapter. These standards shall be considered in combination with the standards for each zoning district in Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards). Where there may be a conflict, the standards specific to the zoning district shall override these general standards.

B.    Compliance. All structures, additions to structures, and uses shall comply with the standards of this chapter as determined applicable by the Director, except as specified in Chapter 84 of this title (Nonconforming Uses, Structures, and Parcels). (§ 2, Ord. 14-13, eff. October 8, 2014)

A.    Vehicular access required. There shall be vehicular access from a dedicated and improved street, recognized private road, or alley to approved off-street parking facilities on properties requiring off-street parking facilities.

B.    Pedestrian access required. There shall be pedestrian access from a dedicated and improved street, trail, or recognized private road to property used for residential or business purposes.

C.    Paved turning areas required. There shall be adequate paved turning areas on parcels facing on and having access to major and secondary highways to allow motor vehicles to enter the street in a forward direction.

D.    Minimum accessway width. If vehicular access in a residential zone is by way of a driveway parallel with a side lot line, the accessway shall have a minimum unobstructed width (e.g., clear of any obstructions) of ten feet (10') from the street or alley to the building site, which shall be for both pedestrian and vehicular access. (§ 2, Ord. 14-13, eff. October 8, 2014)

The following standards are in addition to any specific development standards contained in this Development Code and shall be considered for all development projects, in compliance with Chapter 56 of this title (Site Plan Review), which would ensure a functional site plan, with an architecturally pleasing design:

A.    Access and vehicle circulation. Site access, parking, loading and drive aisles shall be designed to function in a safe and efficient manner, in compliance with Chapter 32 of this title (Off-Street Parking and Loading);

B.    Lighting. Exterior lighting shall be energy efficient, stationary, shielded and directed away from adjoining properties and public rights-of-way, and shall comply with Section 9.22.050 (Exterior light and glare);

C.    Screening. Mechanical equipment, storage, solid waste and recyclable material storage areas and utilities shall be located out of public view or otherwise screened from public view, in compliance with Section 9.24.080 (Screening and buffering);

D.    Signs. Any proposed sign(s) shall be integrated with the project’s design and shall not overwhelm or dominate the development project, in compliance with Chapter 34 of this title (Sign Standards);

E.    Surrounding development. The proposed development shall be compatible and harmonious with surrounding development, including the siting of the development project as it relates to the character of the neighborhood and the street, the massing of structures, and architectural detailing; and

F.    Transitions between land uses. The proposed development project shall be designed to protect adjacent land uses by promoting a compatible transition in terms of scale and character and buffering between areas of different land uses and zoning districts. (§ 2, Ord. 14-13, eff. October 8, 2014)

Development proposals shall be evaluated in compliance with the California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA), General Plan environmental policies and any City environmental guidelines. (§ 2, Ord. 14-13, eff. October 8, 2014)

A.    Purpose. The purpose of this section is to establish requirements for fences, walls, and hedges to ensure that these elements:

1.    Minimize screening of scenic views and sunlight;

2.    Provide adequate buffering between different land uses;

3.    Provide suitable screening of allowable outdoor equipment and activities;

4.    Prevent visual obstructions at street and highway intersections; and

5.    Are designed to provide aesthetic enhancement of commercial and industrial land uses.

B.    Applicability.

1.    All fences, walls, and hedges. The provisions of this section shall apply to all fences, walls, and hedges unless otherwise stated.

2.    Site plan review. Fences and walls for multifamily, commercial, and industrial development projects are subject to site plan review in compliance with Chapter 56 of this title.

3.    Exemptions. These regulations do not apply to fences or walls required by regulations of a State or Federal agency, or by the City for reasons of public safety, or to retaining walls which are regulated by Section 9.24.100 (Setback regulations and exceptions).

C.    General height limitations. Fences, walls, and hedges may be erected and properly maintained to the heights identified in Table 3-3, and measured from the highest adjoining finish grade.

Notes:

*    In granting the site plan review (See Chapter 56 of this title), the Director may approve additional height to enclose or screen specific areas or uses.

**    The maximum height of the fence located within a thirty-foot (30') street corner cutoff shall not exceed three feet (3') as illustrated in Figure 3-1. Also see Section 9.24.060(K) (corner cutoff areas).

***    Greater heights may be granted, as part of a subdivision approval.

FIGURE 3-1
TRAFFIC SAFETY VISIBILITY AREA
(CORNER CUTOFF)
(Also see Figure 3-3)

D.    Measurement of fence or wall height. Where there is a difference in the ground level (e.g., finish grade) between two (2) adjoining parcels, the height of a fence or wall constructed along the common property line shall be determined by using the highest finish grade.

E.    Walls along arterial and collector streets. If a wall is required, or if the developer of a site located along either an arterial or collector street chooses to install (or is required to install) a wall, the wall shall be installed and maintained in compliance with the following requirements:

1.    Arterial and collector streets. A combination of a landscaped berm and wall equal to a minimum of six feet (6') and a maximum of eight feet (8') in height.

2.    Wall height. The wall should be a minimum of six feet (6') in height as measured from the highest grade side. The wall(s) shall be masonry block or an equivalent material.

FIGURE 3-2
APPROPRIATE WALL TREATMENTS

F.    Walls required between different zoning districts. Walls shall be provided and maintained between different zoning districts in the following manner:

1.    Nonresidential.

a.    Where a nonresidential zoning district adjoins property in a residential zoning district (other than a public right-of-way), a solid masonry wall, a minimum of six feet (6') in height, shall be constructed on the zone boundary line, subject to site plan review in compliance with Chapter 56 of this title;

b.    The wall(s) may be constructed higher than seven feet (7') if the viewshed is not impacted, subject to site plan review in compliance with Chapter 56 of this title;

c.    This requirement for a solid masonry wall in a nonresidential zoning district may be waived, subject to site plan review (Chapter 56 of this title); provided, the adjacent parcel within the residential zoning district is designated for nonresidential use by the General Plan;

2.    Design and construction. The walls shall be of solid masonry construction and shall be of a decorative design when in view of public rights-of-way subject to the review and approval of the Director; and

3.    Modification of requirements. In granting site plan review (See Chapter 56 of this title), the Director may waive or modify requirements for walls between different zoning districts where a solid masonry wall already exists on the adjoining property if the following findings can be made in a positive manner:

a.    The existing wall meets, or would be modified to conform to, the intent of this subsection;

b.    Suitable landscaping would be installed adjacent to the existing wall to supplement and enhance the desired physical separation;

c.    The existing wall would be protected to prevent vehicle damage, if necessary; and

d.    Concurrence of the adjoining property owner(s) would be obtained, to modify the existing wall to meet the requirements of this subsection.

G.    Allowable fence materials. All fences, except for security fencing installed in compliance with subsection I of this section, constructed or installed within the City shall be limited to the following materials, or combination of materials:

1.    Chain link;

2.    Concrete/block;

3.    Latticework fencing;

4.    Wood; and

5.    Wrought iron.

H.    Special fence and wall requirements.

1.    Outdoor equipment, storage, and work areas. Screening of allowable outdoor equipment and activities shall be provided in compliance with Section 9.24.090 (Screening and buffering).

2.    Temporary fencing. Temporary fencing may be necessary to protect archaeological or historic resources and/or trees during site preparation and construction. Temporary fencing for these purposes shall be subject to the review and approval of the Director.

3.    Pasture fences. In districts allowing the keeping of animals, pasture fences are permitted. These shall not exceed four feet (4') in height, with a maximum of four (4) strands. These shall be electrified only on the inside of the fence, with appropriate signage attached. This will exclude razor wire, concertina fencing, and coiled barbed wire.

4.    Corrugated metal fencing. Corrugated metal fencing shall be subject to the review and approval of the Director.

5.    Vinyl fencing. Vinyl fencing shall be subject to the review and approval of the Director.

I.    Security fencing. This subsection provides standards for the installation and maintenance of security fencing which shall be subject to the following criteria and standards:

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

a.    Barbed wire. A strand of twisted wire armed with barbs or sharp points.

b.    Chain link. Heavy steel wire woven in a diamond pattern mesh.

c.    Coiled barbed wire. A strand of barbed wire that is used in a coil looping form.

d.    Concertina fencing. A type of razor wire or barbed wire in which pairs of loops are clipped together in a coil configuration.

e.    Razor wire. A continuous coil of stainless steel ribbon with razor type barbs or sharp points.

f.    Security fencing. Barbed wire, coiled barbed wire, concertina wire, razor wire, or other similar products, but excluding electrified security fencing defined herein and subject to additional standards.

g.    Electrified security fencing. Fencing that complies with the installation and operation requirements set forth in California Civil Code Section 835, as that section may be amended from time to time, and the standards described in this section.

2.    General standards.

a.    Security fencing.

(1)    A warning sign shall be posted when security fencing is used. Warning signs, at least eight and one-half inches (8-1/2") by eleven inches (11") in size, shall be posted no more than ten feet (10') apart on the outside of the fence that does not abut an interior property line. The signs shall have letters at least one inch in height and shall give sufficient warning that the fence incorporates security fencing materials.

(2)    Security fencing shall be properly maintained at all times by the property owner to ensure the public comfort, health, safety, and welfare of the community. The property owner shall be responsible for repairing the security fencing within twenty-four (24) hours from the time the City issues the property owner a notice of correction.

(3)    Angle of installation. The security fencing shall be installed and maintained at a forty-five (45) degree or a ninety (90) degree angle into the property it is securing, measured from the vertical axis representing the fence. The security fencing shall not extend over adjoining public or private property.

b.    Electrified security fencing.

(1)    Civil Code Section 835 compliance. The electrified security fence and perimeter fence must meet all requirements described in Civil Code Section 835 as that section may be amended from time to time.

(2)    Where the electrified security fence is powered by an electrical energizer with both of the following output characteristics: an impulse repetition rate not exceeding one hertz (hz), and an impulse duration not exceeding ten (10) milliseconds or 10/10,000 of a second.

(3)    The electrified security fence meets at least the 2006 international standards and specifications of the International Electrotechnical Commission for electric fence energizers in “International Standard IEC 60335, Part 2-76,” or any later approved standards and specifications.

(4)    OSHA/NRTL approval. The electrical components/configuration of the electrified security fence shall be approved by an Occupational Safety and Health Act (OSHA) Nationally Recognized Testing Laboratory (NRTL), and written confirmation of such approval must be provided to the City with the site plan submittal.

(5)    The electrified security fence is identified by prominently placed warning signs that are legible from both sides of the fence. At a minimum, the warning signs shall meet all of the following criteria:

(a)    The warning signs are placed at each gate and access point, and at intervals along the fence not exceeding thirty (30') feet apart.

(b)    The warning signs are adjacent to any other signs relating to chemical, radiological, or biological hazards.

(c)    The warning signs are marked with a written warning or a commonly recognized symbol for shock, a written warning or a commonly recognized symbol to warn people with pacemakers, and a written warning or commonly recognized symbol about the danger of touching the fence in wet conditions.

(6)    The height of the electrified security fence does not exceed ten feet (10') or more than two feet (2') higher than an existing perimeter fence, whichever is greater. The electrified security fence shall be located behind a perimeter fence that is not less than five feet (5') in height. The amount of separation between the perimeter fence and the electrified security fence shall be in accordance with the 2006 international standards and specifications of the International Electrotechnical Commission for electric fence energizers in “International Standard IEC 60335, Part 2-76,” or any later approved standards and specifications.

(7)    Hours of activation. No electrified security fence may be energized during hours when the property protected by such fencing is open to the public, except when personnel is available on site to deactivate the electrified security fence.

(8)    Emergency access.

(a)    A knox box, key box, or other similar approved device shall be provided as a means to disconnect the electrified security fence. This device shall be located outside the primary entrance of the property and shall not be obscured in any manner from the street/driveway access.

(b)    In the event that access by the City of Clovis Police and/or Fire Department is required due to an emergency or urgent circumstance, and the knox box or similarly approved device is absent or nonfunctioning, Police and/or Fire Department personnel shall be authorized to gain entry to the property in order to disable the electrified security fence. As a condition of permit issuance, the applicant and property owner shall agree in writing to waive any and all claims for damages relating to such entry to disable the electrified security fence against the City of Clovis or its personnel under such circumstances.

(9)    Fire Department registration. The applicant or owner of the property upon which the electrified security fence will be installed shall submit a completed registration form for the fence to the Clovis Fire Department.

(10)    Electrified security fencing shall be properly maintained at all times by the property owner to ensure the public comfort, health, safety, and welfare of the community. The property owner shall be responsible for repairing the security fencing within twenty-four (24) hours from the time the City issues the property owner a notice of correction.

(11)    Indemnification. All applicants issued a permit to install or use an electrified security fence as provided in this section shall agree in writing, in a form approved by the City Attorney, as a condition of permit issuance, to indemnify, defend, and hold harmless, the City of Clovis and its officers, officials, employees, agents, and volunteers from any and all claims, actions, proceedings, costs, expenses, losses, damages, obligations, and liabilities related to the electrified security fence, including but not limited to those arising out of any personal injury, including death, or property damage caused by the electrified security fence.

3.    Security fencing and electrified security fencing permitted only in industrial zoning districts, subject to site plan review under Chapter 56 of Title 9.

a.    Concertina wire, razor wire, and/or similar products shall be prohibited in conjunction with a residential and commercial land use activity.

b.    Plans for the use of security fencing and electrified security fencing shall be approved by the Director, and a building permit shall be obtained before installation of the security fencing.

c.    All security fencing, including electrified security fencing, shall be appropriately screened from public view, to the satisfaction of the Director, to ensure that the fencing would not be visible from any residential area/neighborhood or public street rights-of-way.

d.    Fences or walls shall be a minimum of six feet (6') in height before the installation of barbed wire or coiled barbed wire, and shall not exceed eight feet (8') in height, including the barbed wire or coiled barbed wire.

e.    Concertina wire, razor wire, or similar products shall only be allowed when the fence or wall has a minimum height of eight feet (8'), before the installation of the wire, and shall not exceed ten feet (10') in height, including the concertina wire or razor wire.

f.    The installation and use of electrified fencing not meeting the definition of electrified security fencing in Civil Code Section 835 and not meeting the standards and requirements applicable to electrified security fencing in this section is prohibited in the City.

4.    Angle of installation. The security fencing shall be installed and maintained at a forty-five (45) degree or a ninety (90) degree angle into the property it is securing, measured from the vertical axis representing the fence. The security fencing shall not extend over adjoining public or private property.

5.    Authority to waive or modify requirements. The Director may waive or modify the requirements of this subsection in compliance with Chapter 62 of this title (Administrative Use Permits).

J.    Swimming pool enclosure required.

1.    Swimming pools shall be entirely enclosed by structures or fences or walls not less than five feet (5') in height.

2.    All fencing shall be in place and approved by the Building Inspector before water is run into the pool.

3.    All lighting of pool areas shall be shielded in compliance with Section 9.22.050 (Exterior lighting and glare) to ensure that the light does not shine toward abutting parcels.

K.    Traffic safety visibility areas (corner cutoff). The following regulations shall apply to all intersections of streets, alleys, and private driveways in order to provide adequate visibility for vehicular traffic. There shall be no visual obstructions that exceed a height of thirty-six inches (36") within the corner cutoff areas (see Figure 3-3).

1.    Intersecting a street or highway. There shall be a corner cutoff area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of forty-five (45) degrees with the front, side, or rear property line. It shall pass through the points located on both the front and side (or rear) property lines at a distance of thirty feet (30') from the intersection of the lines at the corner of an alley, highway, or street (see Figure 3-3).

2.    Private driveway intersecting an alley or street. There shall be a corner cutoff area on each side of a private driveway intersecting an alley or street. The cutoff lines shall be in a horizontal plane, making an angle of forty-five (45) degrees with the front, side, or rear property line. They shall pass through a point not less than six feet (6') from the edges of the driveway where it intersects the alley or street right-of-way.

3.    Alley intersecting an alley or street. There shall be a corner cutoff area on each side of an alley intersecting an alley or street. The cutoff lines shall be in a horizontal plane, making an angle of forty-five (45) degrees with the front, side, or rear property line. They shall pass through a point not less than ten feet (10') from the edges of the alley where it intersects the alley or street right-of-way.

4.    Irregular shaped parcel. Where, due to an irregular shaped parcel, a line at a forty-five (45) degree angle does not provide for proper intersection visibility, a corner cutoff shall be defined by a line drawn from a point on the front (or rear) property line that is not less than thirty feet (30') from the intersection of the front and side (or rear) property lines and through a point on the side property line that is not less than thirty feet (30') from the intersection of the front and side (or rear) property lines.

5.    Downtown Commercial District (C-3) exemption. The corner cutoff requirement is waived in the Downtown Commercial District unless the Director finds that doing so would create an undue safety hazard at a specific location. Extra width sidewalks, slower traffic speeds and the general expectation by the public of urban street visibility mitigate the general need for corner cutoffs in this district.

FIGURE 3-3
SAFETY VISIBILITY AREA

L.    Allowed fences, walls, and hedges.

1.    Seven feet (7') high. Fences, walls, and hedges, not greater than seven feet (7') in height, shall be allowed on or within all rear and side property lines on interior parcels, corner parcels, and on or to the rear of all front setback lines.

2.    On reverse corner parcels. No solid fence, wall, or hedge over three feet (3') in height shall be allowed in any required front or street side setback of a reverse corner parcel. The only exception to this provision shall be for chain-link or wrought iron fencing with a minimum of a fifty percent (50%) see-through construction or for modifications granted through an administrative use permit.

3.    Tennis courts or other outdoor game areas. Fences or structures over seven feet (7') in height, to enclose tennis courts or other outdoor game areas located within the rear half of the parcel, shall be composed of wire mesh capable of admitting at least ninety percent (90%) of light as measured on a reputable light meter. A fence shall be allowed in the required side or rear setback subject to the Director’s review and approval, granted in compliance with Chapter 56 of this title (Site Plan Review). (§ 2, Ord. 14-13, eff. October 8, 2014; § 1 (Att. 1), Ord. 16-07, eff. May 4, 2016; § 1(2) (Atts. 1, 2), Ord. 20-18, eff. February 3, 2021; § 1(2) (Att. A), Ord. 23-05, eff. August 9, 2023)

A.    Compliance with State law. The following standards are intended to ensure that the use, handling, storage, and transportation of hazardous substances comply with all applicable State laws and that appropriate information is reported to the City in a timely manner.

B.    Definition of hazardous substances. For the purposes of this section, “hazardous substances” shall include all substances on the comprehensive master list of hazardous substances compiled and maintained by the California Department of Health Services.

C.    Reporting requirements. All businesses required by State law to prepare hazardous materials release response plans shall submit copies of the plans, including any revisions, to the Director at the same time the plans are submitted to the Fire Department.

D.    Underground storage. Underground storage of hazardous substances shall comply with all applicable requirements of State law and California Fire Code. Businesses that use underground storage tanks shall comply with the following notification procedures:

1.    Notify the Fire Department of any unauthorized release of hazardous substances immediately and take steps necessary to control the release; and

2.    Notify the Fire Department and the Director of any proposed abandoning, closing, or ceasing operation of an underground storage tank and the actions to be taken to dispose of any hazardous substances.

E.    Aboveground storage. Aboveground storage tanks for flammable liquids may be allowed subject to the review and approval of the Fire Department. (§ 2, Ord. 14-13, eff. October 8, 2014)

All structures shall meet the following standards relating to height, except for fences, walls, and hedges, which shall be in compliance with Section 9.24.060 (Fences, walls, and hedges).

A.    Maximum height. The height of structures shall not exceed the standard established by the applicable zoning district in Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards).

B.    Height measurement. Maximum height shall be measured as the vertical distance from finish grade to the highest point on the structure.

C.    Exceptions to height limits. Exceptions to the height limits identified in this Development Code shall apply in the following manner:

1.    Roof-mounted structures.

a.    Roof-mounted structures for the housing of chimneys, church steeples, elevators, flagpoles, lofts, silos, stairways, towers, ventilating fans, water tanks, or similar equipment required to operate and maintain the structure, shall be allowed, up to a maximum of fifteen feet (15') above the allowed structure height, but only when properly screened from public view subject to the approval of an over height exception by the Commission.

b.    The total square footage of all roof-mounted structures that are allowed to exceed the maximum height shall not occupy more than twenty-five percent (25%) of the total roof area of the structure.

2.    No additional habitable space. No roof structure or any space above the height limits specified for the subject zoning district shall be allowed for the purpose of providing additional habitable (e.g., living or floor) space. (§ 2, Ord. 14-13, eff. October 8, 2014; § 1(2) (Atts. 1, 2), Ord. 20-18, eff. February 3, 2021)

A.    Compliance. This section establishes standards for the screening and buffering of adjoining land uses, equipment and outdoor storage areas, loading and unloading areas, and surface parking areas. It is the intent of this section that mechanical equipment, utilities and service areas are screened using an architecturally integrated design and construction.

B.    Screening required between different land uses.

1.    The maximum height of walls shall comply with the provisions of Section 9.24.060 (Fences, walls, and hedges). Walls shall be architecturally treated on both sides, subject to the review and approval of the Director.

2.    Pedestrian access gates, or an alternative means of screening, may be provided between the R&T Business Park and the abutting residential developments, subject to the review and approval of the Director.

C.    Mechanical equipment, loading docks, and refuse areas.

1.    All screen walls within commercial/office areas (viewable from public) shall be constructed of materials consistent with the development’s architecture. Chain-link fencing, lattice and grooved wood siding are not acceptable materials.

2.    Roof-, ground-, wall- and/or window-mounted mechanical equipment (e.g., air conditioning, generating, heating, swimming pool/spa, ventilation ducts, and exhaust equipment, etc.), loading docks, refuse storage areas, and utility services shall be appropriately screened from public view from abutting public streets and rights-of-way and abutting area(s) zoned for residential or open space uses.

3.    Roof access ladders shall be placed within the interior of the building or placed out of public view or view from adjacent residential areas.

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

5.    Landscaping shall be incorporated adjacent to the fences and/or walls to visually soften these elements, subject to the review and approval of the Director.

6.    Loading docks shall be appropriately screened from public view from abutting public streets and rights-of-way and abutting area(s) zoned for residential or open space uses.

7.    Loading docks shall be noise attenuated to meet General Plan standards in a manner that is visually compatible with the project.

8.    Where a depressed loading zone is located within fifty feet (50') of a residential zoned property, there shall be a minimum eight-foot (8') high solid grout masonry wall on the residential side of the loading zone. The noise source shall be contained within the height of the sound wall.

9.    Where a grade level loading zone is located within fifty feet (50') of a residential zoned property, there shall be a minimum twelve-foot (12') high solid grout masonry wall on the residential side of the loading zone. The noise source shall be contained within the height of the sound wall.

10.    Refuse, recycle and/or trash compactor enclosures shall not be placed adjacent to a residential area. The enclosure shall be placed a minimum of fifty feet (50') from the residential property line, or as otherwise approved through an administrative use permit.

11.    Fire sprinkler risers and equipment shall be placed within the structure or out of public view.

FIGURE 3-4
EQUIPMENT SCREENING

D.    Outdoor storage and work yards. Outdoor storage and work yards, and any similar outdoor uses, shall be screened from public view.

E.    Parking areas abutting public streets and rights-of-way. An opaque screen is to be installed along parking areas abutting public streets and rights-of-way. The screening shall have a height of not less than thirty-six inches (36") and not more than forty-two inches (42") at maturity. Where the finish grade of a parking area is lower at the boundary line than an abutting property elevation by at least twenty-four inches (24"), the change in elevation may be used in combination with additional screening to satisfy the requirements of this subsection, subject to the review and approval of the Director, granted in compliance with Chapter 56 of this title (Site Plan Review).

1.    Opaque screening options. The opaque screen shall consist of one, or a combination, of the following:

a.    Landscaped berm. A berm constructed of earthen materials and landscaping to form an opaque screen;

b.    Fences. A solid fence constructed of wood, or other suitable materials, a minimum nominal thickness of two inches (2") to form an opaque screen; and/or

c.    Walls, including retaining walls. A wall of block, brick, concrete, stone, tile, or other similar type of solid decorative masonry material, a minimum of six inches (6") thick.

2.    Approval of Director required. The location, design (e.g., colors and materials), and construction of the opaque screen shall be subject to the review and approval of the Director, granted in compliance with Chapter 56 of this title (Site Plan Review).

F.    Building materials and garden supply areas. Outdoor building materials and garden supply areas shall be screened with fencing, landscaping, meshing, walls, or similar materials to minimize visibility of the storage areas, subject to the review and approval of the Director, granted in compliance with Chapter 56 of this title (Site Plan Review). (§ 2, Ord. 14-13, eff. October 8, 2014)

This section establishes standards to ensure the provision of open areas around structures for: visibility and traffic safety; access to and around structures; access to natural light, ventilation, and direct sunlight; separation of incompatible land uses, and space for privacy and landscaping.

A.    Setback requirements.

1.    All structures shall conform to the setback requirements identified for each zoning district by Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), and with any special setbacks established for specific uses by this Development Code and applicable specific plan. Portions of a structure, including eaves or roof overhangs, shall not extend beyond a property line or into an access easement or street right-of-way.

2.    Each setback shall be open and unobstructed from the ground upward, except as provided in this section.

B.    Exemptions from setback requirements. The minimum setback requirements of this Development Code shall apply to all structures, except for the following:

1.    Fences or walls constructed within the height limitations of this Development Code.

2.    Decks, steps, terraces, and other site design elements that are placed directly upon the finish grade and do not exceed a height of eighteen inches (18") above the surrounding finish grade at any point.

3.    Retaining walls less than four feet (4') in height above finish grade.

4.    Structures allowed under an approved rear yard encroachment.

a.    An accessory building may be located within the rear yard setback when such building is not located on an easement.

b.    An accessory building having an opening on an alley for vehicular access and parking shall be located not less than twenty-six feet (26') from the opposite side of the alley or not less than five feet (5') from the property line.

c.    Any accessory building permitted within the rear yard setback shall have provisions for all roof drainage to be taken care of on the subject lot.

d.    Where any building or structure, except swimming or wading pools, occupies space in a required rear yard, the amount of space so occupied shall be provided elsewhere on the lot, exclusive of required yard areas. Such substitute space shall have minimum area of sixteen (16) square feet.

5.    Pool/HVAC equipment in the rear and side yards shall be placed in accordance with Fire Department standards.

C.    Measurement of setbacks. Setbacks shall be measured as follows:

1.    Front setbacks. The front setback shall be measured at right angles from the nearest face of the property line adjoining the street to the nearest point of the wall of the structure, except as follows:

a.    Corner parcels. The front setback on a corner parcel measurement shall be taken from the nearest point of the structure to the nearest point of the nearest property line adjoining the public street to which the property is addressed and the street from which access to the property is taken. Whenever a future street right-of-way line is officially established, the required setback shall be measured from the established street right-of-way line(s).

b.    Flag lots. The measurement shall be taken from the nearest point of the wall of the structure to the point where the access strip meets the bulk of the parcel, establishing a building line parallel to the lot line nearest the public street or right-of-way.

2.    Street side setbacks. The side setback on the street side of a corner parcel shall be measured from the property line adjoining the street.

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

4.    Rear setbacks. The rear yard shall be measured at right angles from the nearest point on the rear property line of the parcel to the nearest line of the structure, establishing a setback line parallel to the rear property line that extends between the side yards, except:

a.    The rear yard on the street side of a double frontage parcel shall be measured from the nearest point of the rear property line adjoining the street. However, if an access easement or street right-of-way line extends into or through a rear setback, the measurement shall be taken from the nearest point of the easement or right-of-way line.

b.    Where the side lot lines converge to a point, a line ten feet (10') long within the parcel parallel to and at a maximum distance from the front lot line shall be deemed the rear lot line for the purpose of determining the depth of the required rear setback (see Figure 3-5).

5.    Irregular shaped parcels. The Director shall determine the designation of front, side and rear setbacks on irregularly shaped lots having more than four (4) property lines.

FIGURE 3-5
IRREGULAR SHAPED PARCELS

D.    Allowed projections into setbacks. The following architectural features may extend into the front, side, and rear setbacks, only as follows:

1.    Chimney. A fireplace chimney, up to six feet (6') in width, may extend thirty inches (30") into a required setback, but no closer than three feet (3') to a side or rear property line.

2.    Cantilevered architectural features. Cantilevered architectural features on the main structure, including balconies, bay windows, canopies, cornices, eaves, solar devices, and pop-out tubs, that do not increase the floor area enclosed by the structure, may extend into required setbacks in compliance with Table 3-4.

3.    Porches and stairways. Covered, unenclosed porches, located at the same level as the entrance floor of the structure and outside stairways and landings that are not enclosed, may extend into required setback in compliance with Table 3-4.

4.    Setback requirements for specific elements/features:

a.    Ponds, pools, and other site design elements.

(1)    Under eighteen inches (18"). Site design elements less than eighteen inches (18") above finish grade are exempt from meeting setback requirements. Landscape ponds may be located in a required front or side setback, subject to applicable building and health codes.

(2)    Pool setbacks. Pool setbacks shall be measured from the waterline, and shall be set back a minimum of five feet (5') from the property line.

(3)    Eighteen inches (18") and over. Detached decks, ponds, steps, and other site design elements that are placed directly upon the finish grade, and which equal or exceed a height or depth of eighteen inches (18") above the surrounding finish grade at any point, shall conform to the setback requirements established for the applicable zoning district.

b.    Retaining walls. Meaning a wall which structurally retains earth.

(1)    Up to six feet (6'). Retaining walls up to six feet (6') in height may be located within a required setback.

(2)    Decorative landscape retaining walls. Decorative landscape retaining walls shall not exceed three feet (3') in height above the finished grade.

(3)    Construction materials. Required retaining walls shall not be constructed of stacked blocks unless engineered. Poured concrete shall be used unless this provision is modified by the Director in compliance with Chapter 56 of this title (Site Plan Review). If the face of the retaining wall is visible from the public street, the wall shall be constructed of decorative masonry, subject to the review and approval of the Director. (§ 2, Ord. 14-13, eff. October 8, 2014; § 1 (Att. 1), Ord. 16-07, eff. May 4, 2016; § 1(2) (Atts. 1, 2), Ord. 20-18, eff. February 3, 2021; § 1(2) (Att. A), Ord. 23-05, eff. August 9, 2023)

This section provides standards for the provision of solid waste (refuse) and recyclable material storage areas in compliance with State law (California Solid Waste Reuse and Recycling Access Act, Public Resources Code Sections 42900 through 42911, as these sections exist or may be amended).

A.    All structures and uses. All structures and uses within the multifamily (with five (5) dwelling units or more), commercial, industrial, and mixed use zoning districts shall provide refuse and recyclable material enclosures subject to the review and approval of the City’s Public Utilities Director.

B.    Location requirements. Refuse and recyclable materials enclosures shall be located in the following manner:

1.    Combined together. Recycling baskets, refuse and green waste carts, and future recycling carts shall be adjacent/combined with one another. They may be located on the outside of a structure in an approved fence/wall enclosure, a designated interior court or yard area with appropriate access or in a side or rear setback, with appropriate screening, in compliance with subsection (C)(4) of this section (Be screened). Storage area(s) shall not be located in a required front or street side setback, parking space, landscaped or open space areas, or any area(s) required by the Municipal Code.

2.    Unobstructed access. Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance, as required by the collection methods and vehicles utilized by the Public Utilities Department. The location of and access to the enclosures shall be designed to ensure that the collection vehicles would be able to enter and exit in a forward direction.

3.    Screening required. Storage bins (e.g., recycling carts and solid waste dumpsters) shall be screened in compliance with Section 9.24.090 (Screening and buffering) and subsection (C)(4) of this section (Be screened).

4.    Minimum distance from adjacent structures. Enclosures shall not be located closer than twenty feet (20') from doors or operable windows of adjacent structures.

C.    Design and construction. The design and construction of the refuse and recyclable materials enclosures shall be in compliance with the City’s standard specifications subject to the review and approval of the City Engineer, and shall:

1.    Be compatible. Be compatible with the surrounding structures and land uses;

2.    Concrete pad required. Provide a concrete pad within the fenced or walled area(s) and a concrete apron which facilitates the handling of the individual bins or containers;

3.    Protection from adverse conditions. Protect the areas and the individual bins or containers provided within from adverse environmental conditions that might render the collected materials unmarketable; and

4.    Be screened.

a.    Be appropriately located and screened from view on all sides.

b.    Screening of the solid waste and recyclable material storage bins shall consist of solid decorative masonry walls, metal gates, and landscaping.

c.    The size of the metal gates shall be determined by the City Engineer, based on the use and the projected waste stream.

d.    Overhead trellises may be required to screen views from above.

e.    The design shall be architecturally compatible with the surrounding structures and subject to the review and approval of the City Engineer and the Director. (§ 2, Ord. 14-13, eff. October 8, 2014)

A.    Public Streets. All public street design and related improvements shall conform both in alignment and width to the Circulation Element of the General Plan, any applicable specific plan, and the City’s standard specifications, and the rights-of-way for these streets shall be dedicated to the City. The street design shall conform to any proceedings affecting the division of land which may have been initiated or approved by the Council or approved by the Council upon initiation by other legally constituted authorities of the County or State, and shall be subject to the approval of the City Engineer.

B.    Private Streets. All private streets and drives shall conform to the standards approved under a discretionary action approved by the City Council for a planned development set forth in Section 9.66.090 (Circulation standards) or adopted City standards. (§ 2, Ord. 14-13, eff. October 8, 2014)

All utilities (e.g., cable television, electric and telephone facilities, fire alarm conduits, street lighting wiring, and other wiring conduits and similar facilities) on and serving the project site, except for electrical lines of 16 KV or greater, shall be installed underground. The undergrounding shall be accomplished in compliance with the utility’s rules and tariff schedules on file with the California Public Utilities Commission. The review authority may grant a modification or waiver of this requirement if it finds that the general purposes and nature of the proposed development, and conditions of the site or vicinity, make underground installation infeasible. (§ 2, Ord. 14-13, eff. October 8, 2014)

As required by Government Code Section 65915, this chapter offers density bonuses and incentives or concessions for the development of housing that is affordable to the types of households and qualifying residents identified in Section 9.26.020 (Eligibility for bonus, incentives, or concessions). This chapter is intended to implement the requirements of Government Code Section 65915 et seq., and the Housing Element of the General Plan. As used in this chapter and when otherwise required by Government Code Section 65915 et seq., “housing development” means a development project for five (5) or more residential units, including a mixed-use development, that meets the requirements of Government Code Section 65915(i). (§ 2, Ord. 14-13, eff. October 8, 2014; § 1 (Att. A), Ord. 21-06, eff. December 1, 2021)

In order to be eligible for a density bonus and other incentives or concessions as provided by this chapter, a proposed housing development shall comply with the following requirements and shall satisfy all other applicable provisions of this Development Code, except as provided by Section 9.26.040 (Allowed incentives or concessions).

A.    Resident requirements. A housing development proposed to qualify for a density bonus shall be designed and constructed so that it includes at least one of the following:

1.    Ten percent (10%) of the total number of proposed predensity bonus, base units are for lower-income households, as defined in Health and Safety Code Section 50079.5;

2.    Five percent (5%) of the total number of proposed predensity bonus, base units are for very low-income households, as defined in Health and Safety Code Section 50105;

3.    The project is a senior citizen housing development as defined in Civil Code Sections 51.3 and 51.12, or is a mobile home park that limits residency based on age requirements for housing older persons in compliance with Civil Code Sections 798.76 and 799.5;

4.    Ten percent (10%) of the total number of proposed predensity bonus, base units in a common interest development as defined in Civil Code Section 4100 are for persons and families of moderate income, as defined in Health and Safety Code Section 50093; provided, that all units in the development are offered to the public for purchase;

5.    Ten percent (10%) of the total number of proposed predensity bonus, base units of housing for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541 of the Government Code, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Section 11301 et seq.), where such units are subject to a recorded affordability restriction of fifty-five (55) years and provided at the same affordability level as very low income units;

6.    Twenty percent (20%) of the total number of proposed predensity bonus, base units are for lower income students and made available at an affordable rent in an exclusively student housing development, as specified in Government Code Section 65915(b)(1)(F), where such units are subject to a recorded affordability restriction of fifty-five (55) years and priority is given to students experiencing homelessness; or

7.    One hundred percent (100%) of all units in the development, including total units and density bonus units, but exclusive of a manager’s unit or units, are for lower income households, as defined by Health and Safety Code Section 50079.5, except that up to twenty percent (20%) of the units in the development, including total units and density bonus units, may be for moderate-income households, as defined in Health and Safety Code Section 50053.

B.    Applicant selection of basis for bonus. For purposes of calculating the amount of the density bonus in compliance with Section 9.26.030 (Allowed density bonuses), the applicant who requests a density bonus shall elect whether the bonus shall be awarded on the basis of subsection (A)(1), (2), (3), (4), (5), (6), or (7) of this section. A preliminary application submitted pursuant to Section 9.50.055, or a final application if no preliminary application is submitted, shall include the number of bonus units requested pursuant to this section.

C.    Bonus units not included in calculation. Except as provided in subsection (A)(7) of this section, a density bonus granted in compliance with Section 9.26.030 (Allowed density bonuses) shall not be included when determining the number of housing units that is equal to the percentages required by subsection A of this section.

D.    Minimum project size to qualify for density bonus. The density bonus provided by this chapter shall be available only to a housing development of five (5) or more dwelling units.

E.    Condominium conversion projects. A condominium conversion project for which a density bonus is requested shall comply with the eligibility and other requirements in Government Code Section 65915.5.

F.    Existing Units; Replacement. When a proposed project affects existing units and/or any other circumstances identified in Government Code Section 65915(c)(3) apply, a proposed development must replace the affected units and comply with all other requirements of Government Code Section 65915(c)(3), as specified, in order to be eligible for a density bonus or other incentives or concessions. (§ 2, Ord. 14-13, eff. October 8, 2014; § 2 (Att. C), Ord. 19-05, eff. May 8, 2019; § 1 (Att. A), Ord. 21-06, eff. December 1, 2021)

The Director shall determine the amount of a density bonus allowed in a housing development in compliance with this section. For the purposes of this chapter, “density bonus” means a density increase over the otherwise maximum allowable residential density under the applicable Land Use Plan designation and zoning district as of the date of preliminary or final application by the applicant to the City.

A.    Density bonus. A housing development that complies with the eligibility requirements in Section 9.26.020(A)(1), (2), (3), (4), (5), (6), or (7) shall be entitled to density bonuses as follows, unless a lesser percentage is proposed by the applicant:

1.    Bonus for units for lower-income households. A housing development that is eligible for a bonus in compliance with the criteria in Section 9.26.020(A)(1) (ten percent (10%) of units for lower-income households) shall be entitled to a density bonus calculated as follows:

2.    Bonus for units for very low-income households. A housing development that is eligible for a bonus in compliance with the criteria in Section 9.26.020(A)(2) (five percent (5%) of units for very low-income households) shall be entitled to a density bonus calculated as follows:

3.    Bonus for senior citizen development. A housing development that is eligible for a bonus in compliance with the criteria in Section 9.26.020(A)(3) (senior citizen development or mobile home park) shall be entitled to a density bonus of twenty percent (20%) of the number of senior housing units.

4.    Bonus for moderate-income units in common interest development. A housing development that is eligible for a bonus in compliance with the criteria in Section 9.26.020(A)(4) (ten percent (10%) of units in a common interest development for persons and families of moderate income) shall be entitled to a density bonus calculated as follows:

5.    Bonus for transitional foster youth, disabled veterans, or homeless persons development. A housing development that is eligible for a bonus in compliance with the criteria in Section 9.26.020(A)(5) (transitional foster youth, disabled veterans, or homeless persons) shall be entitled to a density bonus of twenty percent (20%) of the units of the type giving rise to a density bonus.

6.    Bonus for lower income students in a student housing development. A housing development that is eligible for a bonus in compliance with the criteria in Section 9.26.020(A)(6) (lower income students in student housing) shall be entitled to a density bonus of thirty-five percent (35%) of the student housing units.

7.    Bonus for units for lower-income and moderate-income households. A housing development that is eligible for a bonus in compliance with the criteria in Section 9.26.020(A)(7) (lower-income and moderate-income households) shall be entitled to a density bonus of eighty percent (80%) of the number of units of lower income households.

a.    If the housing development described in this subsection (A)(7) is located within one-half (1/2) mile of a major transit stop, there shall be no maximum controls on density. “Major transit stop” means a site containing an existing rail or bus rapid transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two (2) or more major bus routes with a frequency of service interval of fifteen (15) minutes or less during the morning and afternoon peak commute periods, and also includes major transit stops that are included in the applicable regional transportation plan.

b.    A housing development that receives a waiver from maximum controls on density shall only be eligible for a waiver or reduction of a height increase of up to three (3) additional stories, or thirty-three feet (33'), as expressly provided in Section 9.26.040(C)(4).

8.    Density bonus for land donation. When an applicant for a tentative map, parcel map, or other residential development approval donates land to the City in compliance with this subsection, the applicant shall be entitled to a density bonus for the entire development, as follows; provided, that nothing in this subsection shall be construed to affect the authority of the City to require a developer to donate land as a condition of development.

a.    Basic bonus. The applicant shall be entitled to a fifteen percent (15%) increase above the otherwise maximum allowable residential density under the applicable Land Use Plan designation and zoning district for the entire development, and an additional increase as follows:

b.    Increased bonus. The increase identified in the table above shall be in addition to any increase in density required by subsections (A)(1) through (7) of this section up to a maximum combined mandated density increase of thirty-five percent (35%) if an applicant seeks both the increase required in compliance with this subsection (A)(8), as well as the bonuses provided by subsections (A)(1) through (7) of this section.

c.    Eligibility for increased bonus. An applicant shall be eligible for the increased density bonus provided by this subsection if all of the following conditions are met:

(1)    The applicant donates and transfers the land no later than the date of approval of the final map, parcel map, or residential development application.

(2)    The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low-income households in an amount not less than ten percent (10%) of the number of residential units of the proposed development.

(3)    The transferred land is at least one acre in size, or of sufficient size to permit development of at least forty (40) units; has the appropriate Land Use Plan designation; is appropriately zoned for development as affordable housing; and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible.

(4)    No later than the date of approval of the final map, parcel map, or of the residential development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low-income housing units on the transferred land, except that the City may subject the proposed development to subsequent design review to the extent authorized by Government Code Section 65583.2(i) if the design is not reviewed by the City before the time of transfer.

(5)    The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with Section 9.26.070 (Continued availability), which shall be recorded on the property at the time of dedication.

(6)    The land is transferred to the City or to a housing developer approved by the City. The City may require the applicant to identify and transfer the land to the approved housing developer.

(7)    The transferred land shall be within the boundary of the proposed development or, if the City agrees, within one-quarter (1/4) mile of the boundary of the proposed development.

B.    Greater or lesser bonuses. The City may choose to grant a density bonus greater than provided by this section for a development that meets the requirements of this section, or grant a proportionately lower density bonus than required by this section for a development that does not fully comply with the requirements of this section. The applicant may elect a lesser percentage of density increase than what is provided in this section.

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

D.    Requirements for amendments or discretionary approval. The granting of a density bonus shall not be interpreted, in and of itself, to require a General Plan amendment, Zoning Map amendment, or other discretionary approval.

E.    Location of bonus units. The developer may locate density bonus units in the housing project in other than the areas where the units for the lower-income households are located. (§ 2, Ord. 14-13, eff. October 8, 2014; § 2 (Att. C), Ord. 19-05, eff. May 8, 2019; § 1 (Att. A), Ord. 21-06, eff. December 1, 2021)

A.    Applicant request and City approval.

1.    An applicant for a density bonus in compliance with this chapter may submit to the City a proposal for the specific incentives or concessions listed in subsection D of this section (Type of incentives) that the applicant requests in compliance with this section, and may request a meeting with the Director. The applicant may file a request either before filing a final application for City approval of a proposed project or concurrently with a final application for project approval. A preliminary application submitted pursuant to Section 9.50.060, or a final application if a preliminary application is not submitted, shall include any incentives, concessions, waivers, or parking reductions requested pursuant to this section.

2.    The Director shall grant an incentive or concession request that complies with this section unless the Director makes either of the following findings in writing, based upon substantial evidence:

a.    The incentive or concession is not required to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Section 9.26.070(B) (Unit cost requirements); or

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

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

1.    As required by Government Code Section 65915(e), the City will not apply a development standard that will have the effect of physically precluding the construction of a development meeting the criteria of Section 9.26.020(A) (Resident requirements), at the densities or with the concessions or incentives allowed by this chapter.

2.    An applicant may submit to the City a proposal for the waiver or reduction of development and zoning standards that will have the effect of physically precluding the construction of a development meeting the criteria of Section 9.26.020(A) (Resident requirements), at the densities or with the concessions or incentives allowed by this chapter on a specific site, including minimum parcel size, side setbacks, and placement of public works improvements. The proposal must identify the specific waiver(s), concession(s), or incentive(s) sought and demonstrate that the request satisfies the requirements of Government Code Section 65915(e).

3.    Nothing in this subsection shall be interpreted to require the City to waive or reduce development standards that would have an adverse impact upon health, safety, or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, or upon any real property that is listed in the California Register of Historical Resources, or to grant any waiver or reduction that would be contrary to state or federal law.

C.    Number of incentives. The applicant shall receive the following number of incentives or concessions:

1.    One incentive or concession. One incentive or concession for a project that includes at least ten percent (10%) of the total units for lower-income households, at least five percent (5%) for very low-income households, or at least ten percent (10%) for persons and families of moderate income in a common interest development.

2.    Two (2) incentives or concessions. Two (2) incentives or concessions for a project that includes at least seventeen percent (17%) of the total units for lower-income households, at least ten percent (10%) for very low-income households, or at least twenty percent (20%) for persons and families of moderate income in a common interest development.

3.    Three (3) incentives or concessions. Three (3) incentives or concessions for a project that includes at least twenty-four percent (24%) of the total units for lower-income households, at least fifteen percent (15%) for very low-income households, or at least thirty percent (30%) for persons and families of moderate income in a common interest development.

4.    Four (4) incentives or concessions. Four (4) incentives or concessions for projects where one hundred percent (100%) of all units in the development, including total units and density bonus units, but exclusive of a manager’s unit or units, are for lower income households, as defined by Health and Safety Code Section 50079.5, except that up to twenty percent (20%) of all units in the development, including total units and density bonus units, but exclusive of a manager’s unit or units, may be for moderate-income households, as defined in Health and Safety Code Section 50053.

a.    If the housing development described in this subsection (C)(4) is located within one-half (1/2) mile of a major transit stop, the applicant shall also receive a height increase of up to three (3) additional stories, or thirty-three feet (33'). “Major transit stop” means a site containing an existing rail or bus rapid transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two (2) or more major bus routes with a frequency of service interval of fifteen (15) minutes or less during the morning and afternoon peak commute periods, and also includes major transit stops that are included in the applicable regional transportation plan.

D.    Type of incentives. For the purposes of this chapter, concession or incentive means any of the following:

1.    A reduction in the site development standards of this Development Code (e.g., site coverage limitations, setbacks, reduced parcel sizes, and/or parking requirements (see also Section 9.26.050 (Parking requirements in density bonus projects)), or a modification of architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission in compliance with Health and Safety Code Section 18901 et seq., that would otherwise be required, that results in identifiable, financially sufficient, and actual cost reductions to provide for affordable housing costs and/or rents;

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

3.    Other regulatory incentives proposed by the applicant or the City that will result in identifiable, financially sufficient, and actual cost reductions to provide for affordable housing costs and/or rents; and/or

4.    In its sole and absolute discretion, a direct financial contribution granted by the Council, including writing down land costs, subsidizing the cost of construction, or participating in the cost of infrastructure.

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

F.    Exceptions. Notwithstanding the provisions of this chapter, nothing in this section shall be interpreted to require the City to:

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

2.    Grant a density bonus, incentive, or concession, or waive or reduce development standards, if the bonus, incentive, concession, waiver, or reduction would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

3.    Grant a density bonus, incentive, or concession, or waive or reduce development standards, if the bonus, incentive, concession, waiver, or reduction would be contrary to state or federal law. (§ 2, Ord. 14-13, eff. October 8, 2014; § 1 (Att. A), Ord. 21-06, eff. December 1, 2021)

A.    Applicability. This section applies to a development that meets the requirements of Section 9.26.020 (Eligibility for bonus, incentives, or concessions) but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in this section in compliance with Section 9.26.040 (Allowed incentives or concessions).

B.    Number of parking spaces required.

1.    At the request of the applicant, the City shall require the following vehicular parking ratios for a project that complies with the requirements of Section 9.26.020 (Eligibility for bonus, incentives, or concessions), inclusive of handicapped and guest parking:

a.    Zero (0) to one bedroom: One on-site parking space.

b.    Two (2) to three (3) bedrooms: One and one-half (1 1/2) on-site parking spaces.

c.    Four (4) and more bedrooms: Two and one-half (2 1/2) on-site parking spaces.

2.    If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number.

C.    Adjustments to parking requirements.

1.    If the development includes at least twenty percent (20%) low-income units or at least eleven percent (11%) very low-income units, and the development is located within one-half (1/2) mile of a major transit stop, as defined in Section 21155 of the Public Resources Code, and there is unobstructed access to the major transit stop from the development, the parking ratio, inclusive of handicapped and guest parking, shall not exceed one-half (1/2) spaces per unit.

2.    At the request of the applicant, if the development consists solely of rental units, exclusive of a manager’s unit or units, with an affordable housing cost to lower income families, as provided in Section 50052.5 of the Health and Safety Code, no vehicular parking standards will apply:

a.    If the development is located within one-half (1/2) mile of a major transit stop, as defined in Section 21155 of the Public Resources Code, and there is unobstructed access to the major transit stop from the development.

b.    If the development is a for-rent housing development for individuals who are sixty-two (62) years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code and the development has either paratransit service or unobstructed access, within one-half (1/2) mile, to fixed bus route service that operates at least eight (8) times per day.

c.    If the development is either a special needs housing development, as defined in Health and Safety Code Section 51312, or a supportive housing development, as defined in Health and Safety Code Section 50675.14, and the development has either paratransit service or unobstructed access, within one-half (1/2) mile, to fixed bus route service that operates at least eight (8) times per day.

D.    Location of parking. For purposes of this section, a development may provide on-site parking through uncovered parking, but not through on-street parking.

E.    Religious Institution Affiliated Housing Development Projects. The requirements of Government Code Section 65913.6 shall apply to any “religious institution affiliated housing development project,” as defined, that proposes to eliminate parking as part of the housing development project. Except as specifically required by Government Code Section 65913.6, all other applicable provisions of this section and this chapter shall apply to the proposed housing development project. (§ 2, Ord. 14-13, eff. October 8, 2014; § 2 (Att. C), Ord. 19-05, eff. May 8, 2019; § 1 (Att. A), Ord. 21-06, eff. December 1, 2021)

A.    Housing developments. A housing development that complies with the resident and project size requirements of Sections 9.26.020(A) and (D), and also includes as part of that development a child care facility other than a large or small family day care home, that will be located on the site of, as part of, or adjacent to the development, shall be subject to the following additional bonus, incentives, and requirements.

1.    Additional bonus and incentives. The City shall grant a housing development that includes a child care facility in compliance with this section either of the following:

a.    An additional density bonus that is an amount of floor area in square feet of residential space that is equal to or greater than the floor area of the child care facility; or

b.    An additional incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

2.    Requirements to qualify for additional bonus and incentives.

a.    The City shall require, as a condition of approving the housing development, that:

(1)    The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable in compliance with Section 9.26.070 (Continued availability); and

(2)    Of the children who attend the child care facility, the children of very low-income households, lower-income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low-income households, lower-income households, or families of moderate income in compliance with Section 9.26.020(A) (Resident requirements).

b.    The City shall not be required to provide a density bonus for a child care facility in compliance with this section if it finds, based upon substantial evidence, that the community has adequate child care facilities.

B.    Commercial and industrial developments. A developer of a commercial or industrial development project, containing at least fifty thousand (50,000) square feet of floor area, may be granted a density bonus when that developer agrees to set aside at least two thousand (2,000) square feet of interior floor area and three thousand (3,000) outdoor square footage to be used for a child care facility, other than a large or small family day care home, in compliance with Government Code Section 65917.5 (Commercial density bonus).

1.    Allowable density bonuses. The allowable density bonus may be one of the following:

a.    A maximum of five (5) square feet of floor area for each one square foot of floor area contained in the child care facility located in an existing child care facility; or

b.    A maximum of ten (10) square feet of floor area for each one square foot of floor area contained in the child care facility located in a new child care facility.

2.    Requirements to qualify for the additional density bonus shall include all of the following:

a.    For purposes of calculating the allowable density bonus under this subsection, both the total area contained within the exterior walls of the child care facility and all outdoor areas devoted to the use of the facility in compliance with applicable State child care licensing requirements shall be considered.

b.    The child care facility shall be of a sufficient size to comply with all applicable State licensing requirements in order to accommodate at least forty (40) children.

c.    This facility may be located either on the project site or may be located off site as agreed upon by the developer and the City.

d.    If the child care facility is not located on the site of the development project, the City shall determine whether the location of the child care facility is appropriate and whether it complies with the purpose and intent of this section.

e.    The granting of a density bonus shall not preclude the City from imposing necessary conditions on the development project or on the additional square footage in compliance with Government Code Section 65917.5 (Commercial density bonus). (§ 2, Ord. 14-13, eff. October 8, 2014; § 1 (Att. A), Ord. 21-06, eff. December 1, 2021)

The units that qualified the housing development for a density bonus and other incentives and concessions shall continue to be available as affordable units in compliance with the following requirements, as required by Government Code Section 65915(c). See also Section 9.26.110 (Control of resale).

A.    Duration of affordability. The applicant shall agree to, and the City shall ensure, the continued availability of the units that qualified the housing development for a density bonus and other incentives and concessions, as follows:

1.    Low- and very low-income units. The continued affordability of all low- and very low-income qualifying units shall be maintained for fifty-five (55) years, or a longer time if required by the construction or mortgage financing assistance program, mortgage insurance program, rental subsidy program, or by City policy or ordinance.

2.    Moderate-income units in common interest development. The continued availability of moderate-income units in a common interest development shall be maintained for a minimum of ten (10) years, or a longer time if required by City policy or ordinance.

B.    Unit cost requirements. The rents and owner-occupied costs charged for the housing units in the development that qualify the project for a density bonus and other incentives and concessions shall not exceed the following amounts during the period of continued availability required by this section:

1.    Rental units. Rents for the lower-income density bonus units shall be set at an affordable rent as defined in Health and Safety Code Section 50053.

a.    For housing developments specified in Section 9.26.020(A)(7), rents for all units in the development, including both base density and density bonus units, shall be as follows:

i.    The rent for at least twenty percent (20%) of the units in the development shall be set at an affordable rent, as defined in Health and Safety Code Section 50053.

ii.    The rent for the remaining units in the development shall be set at an amount consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee.

2.    Owner-occupied units. Owner-occupied units shall be available at an affordable housing cost as defined in Health and Safety Code Section 50052.5. (§ 2, Ord. 14-13, eff. October 8, 2014; § 1 (Att. A), Ord. 21-06, eff. December 1, 2021)

A.    Location/dispersal of units. As required by the Director in compliance with Section 9.26.090 (Processing of bonus requests), designated units shall be reasonably dispersed throughout the project where feasible, shall contain on average the same number of bedrooms as the nondesignated units in the project, and shall be compatible with the design or use of remaining units in terms of appearance, materials, and finish quality.

B.    Phasing. If a project is to be phased, the density bonus units shall be phased in the same proportion as the nondensity bonus units, or phased in another sequence acceptable to the City. (§ 2, Ord. 14-13, eff. October 8, 2014; § 1 (Att. A), Ord. 21-06, eff. December 1, 2021)

A.    Permit requirement. A request for a density bonus and other incentives and concessions shall be evaluated and decided through the density bonus request processing procedures. In addition to the requirements of the density bonus request processing procedures, the following procedures shall also apply for the processing of applications requesting a density bonus to determine eligibility:

1.    Density bonus eligibility. Once a final application has been deemed complete, the applicant shall be informed in writing of the amount of density bonus allowed as calculated by Section 9.26.030;

2.    Density bonus parking ratio. If a modified parking ratio is requested by the applicant pursuant to Government Code Section 65915 as part of the density bonus, the applicant shall be notified of the applicable parking ratio(s) as required by Section 9.26.050; and

3.    Incentives, concessions, or waivers eligibility. If incentives, concessions, and/or waivers are requested by the applicant pursuant to Government Code Section 65915, and outlined in Section 9.26.040, the applicant shall be notified of whether the application contains the adequate information necessary for the Department to make a determination as to those incentives, concessions, or waivers or reductions of development standards.

B.    Findings for approval. In addition to the density bonus request processing procedures, the approval of a density bonus and other incentives and concessions shall require that the review authority first make all of the following additional findings:

1.    The residential development will be consistent with the General Plan and any applicable specific plan, except as provided by this chapter for density bonuses, and other incentives and concessions;

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

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

4.    There are sufficient provisions to guarantee that the units will remain affordable for the required time period. (§ 2, Ord. 14-13, eff. October 8, 2014; § 2 (Att. C), Ord. 19-05, eff. May 8, 2019; § 1 (Att. A), Ord. 21-06, eff. December 1, 2021)

A.    Agreement required. An applicant requesting a density bonus shall agree to enter into a density bonus agreement (referred to as the “agreement”) with the City in the City’s standard form of agreement.

B.    Agreement provisions.

1.    Project information. The agreement shall include at least the following information about the project:

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

b.    A description of the household income group to be accommodated by the housing development;

c.    Duration of the use restrictions for designated dwelling units of the time periods required by Section 9.26.070 (Continued availability);

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

e.    A description of the additional incentives and concessions being provided by the City;

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

g.    Other provisions to ensure successful implementation and compliance with this chapter.

2.    Minimum requirements. The agreement shall provide, at minimum, that:

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

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

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

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

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

f.    Compliance with the agreement will be monitored and enforced in compliance with the measures included in the agreement.

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

a.    Designated dwelling units shall be owner-occupied by eligible households, or by qualified residents; and

b.    The initial purchaser of each designated dwelling unit shall execute an instrument or agreement which:

(1)    Restricts the sale of the unit in compliance with this chapter, or other applicable City policy or ordinance, during the applicable use restriction period;

(2)    Contains provisions as the City may require to ensure continued compliance with this chapter and State law; and

(3)    Shall be recorded against the parcel containing the designated dwelling unit.

c.    The agreement shall include an equity sharing provision, as required by Government Code Section 65915(c).

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

a.    The tenant qualifications, affordable rent category(ies), and designating dwelling units for qualified tenants;

b.    Provisions requiring owners to maintain books and records to demonstrate compliance with this chapter;

c.    Provisions requiring owners to submit an annual report to the City demonstrating compliance with this chapter; and

d.    The applicable use restriction period shall comply with the time limits for continued availability in Section 9.26.070 (Continued availability).

C.    Execution of agreement.

1.    Following approval of the agreement, and execution of the agreement by all parties, the City shall record the completed agreement on the parcels designated for the construction of designated dwelling units, at the County Recorder’s Office.

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

3.    The agreement shall be binding on all future owners, developers, and/or successors-in-interest. (§ 2, Ord. 14-13, eff. October 8, 2014; § 1 (Att. A), Ord. 21-06, eff. December 1, 2021)

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

A.    Limits on resale price. The price received by the seller of an affordable unit shall be limited to the purchase price plus an increase based on the local consumer price index, an amount consistent with the increase in the median income since the date of purchase, or the fair market value, whichever is less. Before offering an affordable housing unit for sale, the seller shall provide written notice to the City of their intent to sell. The notice shall be provided by certified mail to the Director.

B.    Units to be offered to the City. Home ownership affordable units constructed, offered for sale, or sold under the requirements of this section shall be offered to the City or its assignee for a period of at least ninety (90) days from the date the notice of intent to sell is delivered to the City by the first purchaser or subsequent purchasers. Home ownership affordable units shall be sold and resold from the date of the original sale only to households determined to be eligible for affordable units in compliance with this section. The seller shall not levy or charge any additional fees nor shall any “finder’s fee” or other monetary consideration be allowed other than customary real estate commissions and closing costs.

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

D.    City to monitor resale of units. The City may monitor the resale of ownership affordable units. The City or its designee shall have a ninety (90) day option to commence purchase of ownership affordable units after the owner gives notification of intent to sell. Any abuse in the resale provisions shall be referred to the City for appropriate action. (§ 2, Ord. 14-13, eff. October 8, 2014; § 1 (Att. A), Ord. 21-06, eff. December 1, 2021)

A.    Judicial relief. As provided by Government Code Section 65915(d)(3), the applicant may initiate judicial proceedings if the City refuses to grant a requested density bonus, incentive, or concession. (§ 2, Ord. 14-13, eff. October 8, 2014; § 1 (Att. A), Ord. 21-06, eff. December 1, 2021)

The purpose of this chapter is to achieve the following:

A.    Enhance the appearance of all development by providing standards relating to the quality, quantity, and functional aspects of landscaping and landscape screening;

B.    Protect public health, safety, and welfare by minimizing the impact of all forms of physical and visual pollution, controlling soil erosion, screening incompatible land uses, preserving the integrity of existing residential neighborhoods, and enhancing pedestrian and vehicular traffic and safety;

C.    Decrease the use of water for landscaping purposes by requiring the efficient use of irrigation, appropriate plant materials, and regular maintenance of landscaped areas; and

D.    To achieve water conservation by raising the public awareness of the need to conserve water through education and motivation to embrace an effective water management program.

E.    To encourage landscaping which enhances the sequestering of greenhouse gases. (§ 2, Ord. 14-13, eff. October 8, 2014)

A.    Landscaping required. All projects shall provide and maintain landscaping in compliance with the provisions of this chapter.

B.    Landscaping plans subject to Department review. Landscape plans, and plans for the ornamental use of water, including fountains and ponds, shall be submitted to the Department for review for compliance with the requirements of this chapter. Landscaping shall not be installed until the applicant receives approval of the final landscape plan. Changes to the approved landscape plans that affect the character or quantity of the plant material or irrigation system design are required to be resubmitted for review and approval before installation. (§ 2, Ord. 14-13, eff. October 8, 2014)

A.    Concept plan required. A landscape concept plan shall be submitted as part of an application for a site plan review or subdivision map.

B.    Intent of concept plan. The concept plan shall meet the intent of this section by exhibiting a design layout that demonstrates the desired landscaping program in terms of function, location, size/scale, theme, and similar attributes. The concept plan shall provide the applicable review authority with a clear understanding of the landscaping program before the preparation of detailed construction landscape and irrigation plans. (§ 2, Ord. 14-13, eff. October 8, 2014)

Detailed landscape and irrigation plans (construction documents) for on-site landscaping shall be prepared following approval of the land use entitlement application by the applicable review authority. This section, and those that follow, provide standards for preparation of the detailed landscape and irrigation plans, in compliance with Article 5 of Chapter 5 of Title 6 (Water Efficient Landscape Requirements).

A.    Registered landscape architect required. Landscape and irrigation plans shall be prepared by a State registered landscape architect, or other landscape professional determined to be competent by the Parks Division.

B.    Landscape plan contents. The landscape plan shall be drawn on project base sheets, be fully dimensioned, and include the information specified in Section 9.28.050(C) (Landscape design plan).

C.    Irrigation plan contents. A fully dimensioned irrigation plan shall be drawn on project base sheets separate from the landscape design plan. The scale and format shall be the same as the landscape design plan. The irrigation design plan shall provide information specified in Section 9.28.050(D) (Irrigation design plan). (§ 2, Ord. 14-13, eff. October 8, 2014)

A.    Applicability.

1.    Package required. A landscape documentation package conforming to the requirements of this subsection shall be submitted for review and approval by the applicable review authority for all projects in which the total landscaped area, including parking lot landscaping, is greater than two thousand five hundred (2,500) square feet.

2.    Less than two thousand five hundred (2,500) square feet. Projects with less than two thousand five hundred (2,500) square feet of landscaped area shall follow submittal requirements specified by the Director.

B.    Contents of the landscape documentation package. Each landscape documentation package shall be prepared in compliance with, and shall include all of the elements specified in, the City’s Water Efficiency Ordinance.

C.    Landscape design plan. A landscape design plan meeting the following requirements shall be submitted as part of the landscape documentation package.

1.    Plant selection and grouping.

a.    Any plants may be used in the landscape, providing for an attractive and sustainable environment.

b.    Plants shall be selected based upon their adaptability to the climatic, geologic, and topographical conditions of the site. Existing trees shall be preserved and incorporated whenever possible.

2.    Water features. Only recirculating water shall be used for decorative water features.

D.    Irrigation design plan. An irrigation design plan meeting the following requirements shall be submitted as part of the landscape documentation package.

1.    Irrigation design criteria.

a.    Runoff and overspray. Soil types and infiltration rates shall be considered when designing irrigation systems. All irrigation systems shall be designed to avoid runoff, low head drainage, overspray or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, or structures. Proper irrigation equipment and schedules shall be used to closely match application rates to infiltration rates in order to minimize runoff.

b.    Special attention required. Special attention shall be given to avoid runoff on slopes and to avoid overspray in planting areas with a width less than ten feet (10').

c.    Irrigation efficiency. For the purpose of determining the maximum water allowance, irrigation efficiency is assumed to be 0.625. Irrigation systems shall be designed, maintained, and managed to meet or exceed 0.625 efficiency, and in compliance with Section 6.5.503 (Landscape documentation package submittal requirements).

2.    Recycled water. The installation of recycled water irrigation systems (dual distribution systems) shall be consistent with the City’s policy for recycled water.

E.    Soil analysis and preparation.

1.    A certified soil analysis satisfying the following conditions shall be submitted as part of the landscape documentation package, in compliance with Section 6.5.503 (Landscape documentation package submittal requirements).

a.    Determination of soil texture, indicating the percentage of organic matter;

b.    An approximate soil infiltration rate (either measured or derived from soil texture/infiltration rate tables). A range of infiltration rates should be noted where appropriate; and

c.    Measure of pH and total soluble salts.

2.    An agronomic soils test from a certified laboratory as to required fertilizers for amending and backfill.

3.    A mulch of at least two inches (2") in depth shall be applied to all planting areas except turf.

4.    Before the issuance of the certificate of occupancy, the landscape architect or authorized landscape professional shall provide the City with a written/certified verification of completion and compliance with all of the applicable the requirements of this chapter. (§ 2, Ord. 14-13, eff. October 8, 2014)

Landscaping shall be provided in the locations specified in this section.

A.    Setbacks. All setback and open space areas required by this Development Code shall be landscaped, except where a required setback is occupied by a sidewalk or driveway, or where a required setback is screened from public view and it is determined by the Director that landscaping is not necessary to fulfill the purposes of this section.

B.    Unused areas. All areas of a project site not intended for a specific use, including pad sites held for future development, shall be landscaped unless it is determined by the Director that landscaping is not necessary to fulfill the purposes of this subsection. The Director shall determine the level or intensity of landscaping to be provided for vacant pad sites based on an approved phasing plan. Landscaping within vacant pad sites shall not be counted towards meeting the landscape area requirements of this chapter.

C.    Parking areas. Parking areas shall be landscaped in compliance with Chapter 32 of this title. (Parking and Loading Standards). (§ 2, Ord. 14-13, eff. October 8, 2014)

Landscape areas and materials shall be designed, installed, and properly maintained in compliance with the following:

A.    General design standards. The following features shall be incorporated into the design of the proposed landscape and shown on the required landscape plans.

1.    Public/private separation. Publicly maintained areas shall be separated from privately maintained areas with, at a minimum, a concrete mow strip.

2.    Integral part of project design. Landscaping shall be planned as an integral part of the overall project design and not simply located in excess space after parking areas and structures have been planned.

3.    Consideration for access. Pedestrian access to sidewalks and structures shall be considered in the design of all landscaped areas.

4.    Minimum dimensions. Landscaped areas shall not be less than five feet (5') in any dimension in order to be counted as meeting the minimum requirements of this chapter.

5.    Concrete curb. Landscape adjacent to driveways and parking areas shall be protected from vehicle damage through the provision of a minimum six-inch (6") high and six-inch (6") wide concrete curb or other suitable type of barrier, as approved by the Director.

6.    Concrete mow strips. Concrete mow strips, when necessary, shall be a minimum of four inches (4") in width.

B.    Plant materials. Plant materials shall be selected and installed to comply with the following requirements:

1.    Mix of materials. A mix of plant materials shall be provided in compliance with the following table (Table 3-9). Calculations documenting the required mix shall be shown on the landscape plan.

Note:

*    A greater percentage of specimen trees may be utilized with a corresponding reduction in the number of fifteen (15) gallon trees subject to the review and approval of the Director.

2.    Drought-tolerant. Plant materials shall emphasize drought-tolerant and/or climate appropriate species.

3.    Spacing of trees.

a.    When trees are spaced in rows, the total dimension shall be verified and the trees equally spaced within the designated area.

b.    Where trees are shown in an informal pattern, the landscape contractor shall space the material as shown maintaining an unequal spacing as illustrated on the plans, and as determined by the Director.

4.    Mature trees. Mature specimen trees (e.g., twenty-four-inch (24"), thirty-six-inch (36"), and forty-eight-inch (48") box) shall be provided to ensure variety and emphasis at main focal areas.

5.    Trees to be staked. All trees shall be staked or guyed (on a case-by-case basis) subject to the review and approval of the Director.

6.    Clear of service lines. Trees and shrubs shall be planted so that at maturity they do not interfere with utility lines and traffic safety sight areas.

7.    Protection of property rights. Trees and shrubs shall be planted and maintained in a manner that protects the basic rights of adjacent property owners, particularly the right to solar access.

8.    Prevent damage. Trees planted near public curbs or sidewalks shall be of a species and installed in a manner that prevents physical damage to the curbs, gutters, sidewalks, and other public improvements.

9.    Groundcover. Groundcover of live plant material is strongly recommended. Limited quantities of bark, colored rock, gravel, and similar materials may be used in combination with a living groundcover. (§ 2, Ord. 14-13, eff. October 8, 2014)

Upon completion of the installation of the landscaping and the irrigation system, an irrigation audit shall be conducted by a certified landscape irrigation auditor before the final field observation, in compliance with Section 6.5.503 (Landscape documentation package submittal requirements). (§ 2, Ord. 14-13, eff. October 8, 2014)

A.    Maintenance defined. Maintenance of approved landscaping shall consist of regular watering, mowing, pruning, fertilizing, clearing of debris and weeds, monitoring for pests and disease, the removal and timely replacement of dead plants, and the repair and timely replacement of irrigation systems and integrated architectural features consistent with the approved site plan.

B.    Maintenance agreement required. Before the issuance of a certificate of occupancy, the landowner shall file, with the Department, a perpetual maintenance covenant subject to the review and approval of the City Engineer. The covenant shall ensure that if the landowner or subsequent owner fails to properly maintain the installed landscaping, the City will be able to file an appropriate lien(s) against the property in order to accomplish the required maintenance. A copy of the final landscape plan shall be recorded with the maintenance agreement.

C.    General landscape maintenance in nonresidential, multifamily and planned developments.

1.    Planting areas shall be pruned and maintained to ensure a healthy and thriving condition.

2.    Trees and landscaping material shall not be pruned inconsistent with industry standards. Tree-trimming must meet and maintain the International Society of Arboriculture and American National Standards Institute standards as interpreted by a City representative.

3.    Dead, dying and diseased vegetation shall be replaced.

4.    Planted areas shall be maintained in a relatively weed-free condition and clear of undergrowth which may cause undue fire hazards.

5.    Invasive species shall be eradicated.

6.    Landscape shall be maintained to avoid obstructing motorists’ views.

7.    Mulch shall be replenished as needed. Supplemental soil amendments shall be added when necessary to support and maintain healthy plant growth.

8.    Plants shall be fertilized and watered at such intervals as are necessary to promote optimum growth.

9.    Integrated pest management principles and practices shall be included in the maintenance program.

D.    General irrigation maintenance in nonresidential, multifamily and planned developments.

1.    Landscape irrigation shall be applied at a rate not exceeding the infiltration rate of the soil (minimizing erosion and water waste) but sufficiently to allow for healthy plant growth.

2.    Routine inspections shall be performed to guard against runoff and erosion and to detect plant or irrigation system failure.

3.    The irrigation system and its components shall be repaired and replaced as necessary.

E.    Compliance with City’s nuisance and vacant buildings ordinance. The provisions of the City’s nuisance ordinance pertaining to property related nuisances (Article 1 of Chapter 27 of Title 5) and vacant buildings (Article 3 of Chapter 27 of Title 5) shall apply to the maintenance of private landscaping. Violations of this section are subject to the abatement procedures in Chapter 28 of Title 5. (§ 2, Ord. 14-13, eff. October 8, 2014)

The following special maintenance requirements are for all landscape and irrigation installations that will ultimately be accepted by the City for perpetual maintenance.

A.    Maintenance period required. A minimum ninety (90) day maintenance period shall be required for all irrigation systems, and shall run concurrent with the landscape planting maintenance period. The maintenance period shall begin after all landscape construction activities have been completed, and upon receiving written approval by the City Engineer.

B.    Responsibility during the maintenance period.

1.    The landscape contractor shall continuously maintain all areas included in the project during the progress of the project, through all establishment periods, and until acceptance of the work by the City Engineer, for maintenance.

2.    After all irrigation/landscape work indicated on the drawings or specified within this chapter has been completed, inspected, and approved by the City Engineer, the City shall issue a written approval to the landscape contractor to commence the ninety (90) day maintenance period.

3.    The maintenance period work shall include, at a minimum on a weekly basis, all litter pickup and removal, cultivating, edging, mowing, mulching, pest and disease control, plant replacement, trimming, watering, and weeding necessary to bring the planted areas to a healthy growing condition and any additional work needed to keep the areas neat and attractive. During the maintenance period, the landscape contractor shall be charged prevailing rates for all water used.

4.    Before the final inspection, the landscape contractor shall apply a pre-emergent herbicide at the recommended rate.

5.    The maintenance period shall cease and begin anew any time the landscape contractor fails to adequately control weeds, replace unsuitable plants, water, or perform other work necessary for the proper establishment of all new landscaping.

6.    During the maintenance period, any plant indicating weakness or probability of dying shall be replaced at the landscape contractor’s expense. Constant diligence shall be maintained to prevent disease, insects, and/or rodent infestations and proper prevention or control measures shall be taken. All areas included in the work shall be substantially clean and free of debris and weeds. All plant materials shall be live, healthy, and free of infestations.

7.    Any erosion or slipping of soil caused by watering shall be repaired at the landscape contractor’s expense.

8.    All walks, curbs, and gutters shall be kept clear of debris, dust, mud, and standing water by sweeping, mopping, or hosing down as required for complete cleanliness.

C.    Landscape guarantee required.

1.    All plant and lawn areas shall be guaranteed as to growth and health for a period of twelve (12) months after acceptance of the work for maintenance (e.g., at the end of the maintaining period).

2.    Any areas that are not healthy and growing shall be replaced under this section at no additional cost to the City.

3.    The landscape contractor, within seven (7) days of written notification by the inspector, shall remove and replace all guaranteed plant material that for any reason fails to meet the requirements of the guarantee.

4.    Replacement shall be made with plant material as indicated or specified for the first planting, and all replacement material shall be guaranteed as specified for the original guaranteed material. (§ 2, Ord. 14-13, eff. October 8, 2014)

In enacting this chapter, the City recognizes the substantial aesthetic, environmental, and economic importance of its tree population. The purpose of this chapter is to establish regulations and standards to protect and manage trees on private property to ensure that development is compatible with and enhances the City’s quality and character. (§ 2, Ord. 14-13, eff. October 8, 2014)

This chapter shall apply to every owner of private property within the City, and to every person responsible for undertaking the removal of a tree on private property, unless exempted by this chapter. (§ 2, Ord. 14-13, eff. October 8, 2014)

It is unlawful to remove any protected tree specified in Section 9.30.040 (Protected trees) from private property without first obtaining a tree removal permit in compliance with Section 9.30.060 (Tree removal permit/application requirements). (§ 2, Ord. 14-13, eff. October 8, 2014)

Except as otherwise provided in Section 9.30.050 (Exemptions), the following trees shall not be removed from private property without first obtaining a tree removal permit:

A.    Heritage trees. Heritage trees in all zoning districts;

B.    Condition of approval. Any tree required to be planted or retained as a condition of approval of a development application or a building permit in all zoning districts;

C.    Multi-trunk trees. For multi-trunk trees, any tree which has at least one trunk twelve inches (12") or greater in diameter or thirty-eight inches (38") or greater in circumference, measured four feet (4') above the adjacent grade, except for developed single-family residential properties.

D.    Twelve inches (12") or greater in diameter. Any tree which measures twelve inches (12") or greater in diameter or thirty-eight inches (38") or greater in circumference, measured four feet (4') above the adjacent grade in all zoning districts, except for developed single-family residential properties.

E.    Parkway trees. Parkway trees and any tree located on public property.

F.    Trees required by site plan review. Trees required or memorialized under site plan review. (See Chapter 56 of this title) (§ 2, Ord. 14-13, eff. October 8, 2014)

The following tree types and conditions are exempt from this chapter and may be removed without approval of a tree removal permit:

A.    Emergencies. Trees that pose an immediate threat to persons or property during an emergency or are determined to constitute an emergency, upon order of the Director, the Public Utilities Director, or any member of the Police or Fire Departments.

B.    Public nuisance. Any tree in a condition to constitute a public nuisance, as defined in Chapter 1 of Title 10, when the declaration of a public nuisance has been made by the Building Official, the Director, the Fire Chief, or the Public Utilities Director.

C.    Public utilities. Trees that undermine or impact the safe operation of public utilities.

D.    Fruit trees. Fruit tree(s) in any zoning district.

E.    Eucalyptus trees. All trees of the genus Myrtaceae.

F.    Developed single-family residential. Any tree located on developed single-family residential property, except as specified in Section 9.30.040 (Protected trees). (§ 2, Ord. 14-13, eff. October 8, 2014)

A.    Application information.

1.    Applications for a tree removal permit shall be available from and filed with the Public Utilities Department and shall contain the following:

a.    A written explanation of why the tree(s) should be removed;

b.    Photograph(s) of the tree(s);

c.    Arborist report;

d.    Signature of the property owner and homeowners association (when applicable) and proof of a vote of the homeowners association;

e.    Replanting plan (see Section 9.30.090 (Replacement Trees));

f.    Other information deemed necessary by the Director to evaluate the tree removal request; and

g.    Permit fee, if applicable.

2.    The Director may modify or waive the requirements of this section if deemed appropriate (e.g., arborist reports for R-1 properties).

B.    Additional application requirement for all properties except developed R-1. Applications for a tree removal permit on all properties except developed single-family residential properties shall include a tree survey plan indicating the number, location(s), variety or species, and size(s) (measured four feet (4') above grade) of the tree(s) to be removed. (§ 2, Ord. 14-13, eff. October 8, 2014)

A.    General criteria. The review authority shall issue a tree removal permit if any one of the following general criteria is met.

1.    Diseased or danger of falling. The tree(s) is irreparably diseased or presents a danger of falling that cannot be controlled or remedied through reasonable preservation and/or preventative procedures and practices so that the public health or safety requires its removal.

2.    Potential damage. The tree(s) can potentially cause substantial damage to existing or proposed main structure(s) (e.g., dwellings, other main structures, or public infrastructure) or interfere with utility services and cannot be controlled or remedied through reasonable relocation or modification of the structure or utility services.

3.    Economic enjoyment and hardship. The retention of the tree(s) restricts the economic enjoyment of the property or creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties, and the applicant has demonstrated to the satisfaction of the review authority that there are no reasonable alternatives to preserve the tree(s). A minor reduction of the potential number of residential units or structure size due to the tree location does not represent a severe limit of the economic enjoyment of the property.

B.    Additional recommendations. The applicable review authority may refer the application to another department or the Commission for a report and recommendation.

C.    Inspections and permit availability. City staff shall have the authority to conduct on-site inspections of all trees proposed for removal. If a tree removal permit is approved, the permit shall be on site at all times before and during the removal of a tree and/or shall be made available to any City official at the site, upon request.

D.    Action. Based on the criteria identified in this section, the review authority shall approve, conditionally approve, or deny the application. Conditions of approval may include any of the following:

1.    Revisions to development plans to accommodate existing trees;

2.    Replacement trees of a species and size planted at locations designated by the review authority in compliance with Section 9.30.090 (Replacement trees);

3.    Payment of an in-lieu fee in compliance with Section 9.30.100 (Site limitations/in-lieu fee for replacement); or

4.    A combination of replacement trees and in-lieu fees that in total provide for the number of replacement trees required by this chapter. (§ 2, Ord. 14-13, eff. October 8, 2014)

A.    Tree removal requests filed independent of development applications.

1.    Director’s review. The Director shall be the review authority for tree removal requests, except for heritage trees, filed independent of a development application. The Director shall render a decision within ten (10) business days from the date a tree removal application is filed and deemed complete.

2.    Posting and notice. The decision of the Director shall be mailed to the applicant and to all owners of record located within a three-hundred-foot (300') radius of the subject property on the same day the decision is made. In addition, the site or tree shall be posted with a sign by the Department for at least ten (10) calendar days indicating the decision of the Director, and specifying the appeal period and the method of appeal.

B.    Tree removal requests filed with a development application.

1.    Review authority. The review authority for tree removal requests filed in conjunction with a development application shall be the same review authority as established for the accompanying development application.

2.    Public hearing. If a public hearing is normally required by this Development Code, the tree removal request shall be considered concurrently, in compliance with Chapter 88 of this title (Public Hearings).

3.    Posting. The Department shall also post the site or tree under consideration with a sign indicating the proposed removal and the date, time, and place of the hearing at least ten (10) calendar days before the hearing date.

C.    Heritage tree removal requests. Notwithstanding any other provision of this section, the following provisions shall apply to requests for the removal of heritage trees.

1.    Requests filed independent of development applications. The Commission shall be the review authority for all tree removal requests for heritage trees filed independent of a development application.

2.    Requests filed in conjunction with a development application. The review authority for heritage tree removal requests filed in conjunction with a development application shall be the same review authority as established for the accompanying development application. Before the hearing by the review authority, requests to remove heritage trees filed in conjunction with a development application shall be referred to the Protected Tree Advisory Committee who shall make a recommendation to the review authority.

3.    Public hearing. A public hearing by the review authority shall be required for all heritage tree removal requests in compliance with Chapter 88 of this title (Public Hearings).

4.    Posting. The Department shall post the site or tree under consideration with a sign indicating the proposed removal and the date, time, and place of the hearing at least ten (10) calendar days before the hearing date.

D.    Final decision/timing of tree removal. No tree for which a tree removal permit is required shall be removed until all conditions of the permit have been satisfied and the decision has become final. In addition, tree(s) approved for removal in conjunction with a development application shall not be removed before the issuance of a building permit or unless all of the conditions of approval of the development application are satisfied.

E.    Concurrent filing. All tree removal requests associated with a development application shall be filed concurrently with the development application and shall be subject to the provisions of this chapter.

Notes:

(1)    Minimum size and greater: measured four feet (4') above grade adjacent to the trunk.

(2)    Appeals shall be filed in writing with the City Clerk within ten (10) days from the decision on the permit.

(3)    Developed single-family residential property zoned R-1 or planned development.

(4)    Fruit trees, defined as any tree that has the characteristic of bearing edible fruit, common to commercial production varieties including stone fruits (e.g., prunes, peaches etc.), citrus (e.g., lemons, oranges), nut varieties (e.g., almonds), English walnut (except for California black walnut), peppers (Schinus), and olives (Oleaceae), etc. A “fruit tree” shall not mean any tree that bears a fruit or nut produced primarily as seed, (e.g., oaks, pines, etc.).

(5)    Any variety of eucalyptus tree.

(6)    Includes any development application that requires Commission or Council approval, except development applications not involving addition of new single-family units in R-1 or planned development single-family developments (e.g., fence exception or conditional use permit). Applications for removal of heritage trees in conjunction with a development application shall first be referred to the Protected Tree Advisory Committee (PTAC) for a recommendation.

(§ 2, Ord. 14-13, eff. October 8, 2014)

A.    Number and size of replacement trees.

1.    When a permit has been issued, the minimum number and size of replacement trees shall be based on the necessity, number, size, and species of trees requested to be removed. The species of replacement tree(s) shall continue the diversity of trees found in the community.

2.    The minimum guidelines for tree replacement shall be in compliance with the following table (Table 3-11):

B.    Replanting plan. A replanting plan may be made a requirement of the tree removal permit, and is subject to approval by the review authority before the issuance of the tree removal permit unless an in-lieu fee in compliance with Section 9.30.100 (Site limitations/in-lieu fee for replacement) is approved by the review authority. The replanting plan shall be subject to the following:

1.    The replanting plan shall include a site plan of the subject property with the location and species of the proposed replacement trees.

2.    All replacement trees required by the approved replanting plan shall be obtained and planted at the expense of the applicant.

3.    If the tree removal request was filed in conjunction with a development application, in compliance with Section 9.30.080 (Review authority and permit process), all replacement trees shall be installed before the issuance of a certificate of occupancy for the development.

4.    If the tree removal request was not filed in conjunction with a development application, all replacement trees shall be installed within thirty (30) days from the date the tree removal permit is issued, or as determined by the Public Utilities Director.

5.    City staff shall be permitted to enter the property to verify the installation of the replacement trees.

C.    Maintenance of replacement trees. Replacement trees shall be maintained in compliance with Section 9.28.090 (Maintenance of private landscaping).

D.    Maintenance bond. The review authority may require a faithful performance bond, maintenance bond, or other security deposit when tree replacement is required by this chapter. The bond shall be in an amount of money and for a period of time determined by the Director to ensure acquisition and proper planting and maintenance of the replacement trees. The bond shall be paid to the City before the issuance of the tree removal permit. (§ 2, Ord. 14-13, eff. October 8, 2014)

A.    Site limitations. If the site layout cannot reasonably accommodate the number of trees required in compliance with the replacement ratios and/or tree spacing consistent with standard forestry practices, the review authority shall either:

1.    Approve an increase in the size of the on-site replacement trees and reduce the number of trees required. The quantity and quality of the replacement trees shall be sufficient to produce a reasonable tree canopy for the size of the parcel; or

2.    Require payment of an in-lieu fee in compliance with subsection B of this section (In-lieu fee), for the required number of trees or any portion thereof.

B.    In-lieu fee. Payment of a fee shall be made to the City for tree planting elsewhere in the community should on-site location of the replacement trees not be possible, subject to the following:

1.    The in-lieu fee shall be based on the fair market value of the number of trees required by Section 9.30.090 (Replacement trees) for the same or equivalent species, delivered and installed, as determined by the Planning and Development Services Director.

2.    The fees will be used to purchase trees that will be planted within the public right-of-way or on other public property as directed by the Public Utilities Department. Where feasible, trees will be planted in the vicinity in which the tree(s) was removed.

3.    Payment of the in-lieu fee shall be made before the issuance of the tree removal permit. (§ 2, Ord. 14-13, eff. October 8, 2014)

The Director may delegate any or all of the administrative duties authorized by this chapter to one or more Department or City staff members. (§ 2, Ord. 14-13, eff. October 8, 2014)

A.    Applications. Applications for designation of a heritage tree on private or public property may be initiated by any person subject to the property owners’ written consent. The applicant requesting heritage tree designation shall submit an application in compliance with instructions provided by the Director and shall include the following:

1.    Assessor’s parcel number of the site;

2.    Description detailing the proposed heritage tree’s special aesthetic, cultural, or historic value of community interest; and

3.    Photographs of the tree(s).

B.    Protected Tree Advisory Committee review. The Protected Tree Advisory Committee shall conduct a review of the proposed heritage tree, based upon information or documentation as it may require from the applicant, the Commission, staff, or from other available sources. A tree may be designated as a heritage tree upon a finding that it is unique and important to the community due to any of the following factors:

1.    It is an outstanding specimen of a desirable species;

2.    It is one of significant age and/or girth in the City; or

3.    It has agricultural, cultural, economic, educational, historical, indigenous, or social heritage significance in the City.

C.    Protected Tree Advisory Committee hearing. The Protected Tree Advisory Committee shall hold a public hearing on any proposed designation within thirty (30) days after the application is deemed complete and shall render a decision to approve, deny, or continue the hearing for more information.

D.    Recordation of heritage tree designation. If the heritage tree designation is approved, the City shall record the designation with the County Recorder’s Office and a copy shall be provided to the property owner and the Department. A listing of designated heritage trees and their locations shall be listed on the historic resources inventory and maintained by the Department.

E.    Posting and notice. Hearings for heritage tree designation shall be subject to public hearing notice procedures specified in Chapter 88 of this title (Public Hearings). In addition, the Department shall post the site or tree under consideration at least ten (10) calendar days before the hearing date with a sign identifying the nature of the application and the date, time, and place of the hearing. (§ 2, Ord. 14-13, eff. October 8, 2014)

A.    Appeals. Any person aggrieved by a decision of the review authority as specified in this chapter may appeal the decision in compliance with Chapter 90 of this title (Appeals).

B.    Decisions on appeals. No decision made in compliance with this chapter shall be final until all appeal rights have expired. All appeal hearings shall be public hearings subject to Chapter 88 of this title (Public Hearings).

C.    Posting and notice. In addition to the public hearing procedures specified in Chapter 88 of this title, the site or tree under consideration shall also be posted with a sign at least ten (10) calendar days before the hearing date of the appeal. The sign shall state the nature of the appeal under consideration by the appeal body, and the date, time, and place of the hearing. (§ 2, Ord. 14-13, eff. October 8, 2014)

The Public Utilities Department shall maintain a “tree technical manual.” The tree technical manual shall include information to assist implementation of this chapter (e.g., tree removal permit), tree disclosure statement, standards for protection of trees during construction and/or demolition, pruning standards, tree protection, and maintenance standards. (§ 2, Ord. 14-13, eff. October 8, 2014)

A.    Declared to be a misdemeanor. The violation of any provision of this chapter is declared to be a misdemeanor and shall be punishable in compliance with Section 9.92.030 (Violations). In addition, any person unlawfully removing or destroying any tree without a properly issued tree removal permit shall be subject to the following:

1.    Tree replacement penalty. For trees unlawfully removed, replacement trees shall be planted at an equivalent market value of the trees removed plus an hourly administrative charge for overseeing the violation action and tree replacement. The exact replacement ratio shall provide, in the opinion of the Director, an equivalent aesthetic quality which shall be based on the size, height, location, appearance, and other characteristics of the unlawfully removed tree(s).

2.    Combination of cash payment and tree replacement. If the site layout cannot reasonably accommodate the required number of trees in compliance with the tree replacement penalty ratios and/or tree spacing consistent with standard forestry practices, the Director may approve a combination of a cash payment either in whole or in part and a portion of the replacement trees in compliance with this section. The cumulative value of the cash payment and the replacement trees shall be equivalent to the aesthetic, environmental, and monetary value of the unlawfully removed tree(s). Where development is proposed on the site, the standard landscaping required for new development shall not be countable towards the replacement penalty.

3.    Payment for value of unlawfully removed tree(s). Where replacement trees will not provide equivalent aesthetic quality because of the size, age, or other characteristics of the unlawfully removed tree(s), the Director shall estimate the value of the removed tree(s) using the latest edition of the Guide for Establishing Values of Trees and Other Plants, prepared by the Council of Tree and Landscape Appraisers, as a resource. In cases where the tree(s) has been completely removed, the Director shall rely on available evidence (photographs, testing, etc.) to determine the replacement value. Upon the determination of the value, the Director may require a cash payment to the City to be added to a street tree fund for the cost of purchasing trees for installation within the public right-of-way or on other public property as determined by the Planning and Development Services Director.

4.    Combination of cash payment and tree replacement. If the site layout cannot reasonably accommodate the required number of trees in compliance with the tree replacement penalty ratios and/or tree spacing consistent with standard forestry practices, the Director may approve a combination of a cash payment either in whole or in part and a portion of the replacement trees in compliance with this section. The cumulative value of the cash payment and the replacement trees shall be equivalent to the aesthetic, environmental, and monetary value of the unlawfully removed tree(s).

B.    Maintenance of replacement trees. Replacement trees shall be maintained in compliance with Section 9.28.090 (Maintenance of private landscaping).

C.    Maintenance bond. The review authority shall require a faithful performance bond, maintenance bond, or other security deposit for the replacement trees required by this section. The bond shall be in an amount of money and for a period of time determined by the Director to ensure acquisition, proper planting, and maintenance of the replacement trees.

D.    Maintenance pruning violation(s). Any tree(s) damaged by indiscriminate pruning practices shall be considered a removed tree(s) in compliance with the provisions of this chapter. (§ 2, Ord. 14-13, eff. October 8, 2014)

Nothing in this chapter shall be deemed to impose any liability upon the City or upon any of its officers or employees, nor relieve the owner or occupant of any private property from the duty to keep in safe condition any trees upon the subject property or upon a public right-of-way over the subject property. (§ 2, Ord. 14-13, eff. October 8, 2014)

The purpose of this chapter is to provide off-street parking and loading standards to:

A.    Provide for the general welfare and convenience of persons within the City by ensuring sufficient off-street parking facilities to meet the needs generated by specific uses;

B.    Provide accessible, attractive, secure, and well-maintained parking and loading facilities;

C.    Increase public safety by reducing congestion on public streets;

D.    Ensure access and maneuverability for emergency vehicles; and

E.    Provide loading and delivery facilities in proportion to the needs of allowed uses. (§ 2, Ord. 14-13, eff. October 8, 2014)

Every use, including a change or expansion of a use or structure, shall have appropriately maintained off-street parking and loading areas in compliance with the provisions of this chapter. A use shall not be commenced and structures shall not be occupied until improvements required by this chapter are satisfactorily completed, as determined by the Director. (§ 2, Ord. 14-13, eff. October 8, 2014)

A.    Parking and loading spaces to be permanent. Off-street parking and loading spaces shall be permanently available, marked, and maintained for parking or loading purposes for the use they are intended to serve.

B.    Parking and loading to be unrestricted. Owners, lessees, tenants, or persons having control of the operation of the premises for which parking or loading spaces are required by this chapter shall not prevent, prohibit, or restrict authorized persons from using these spaces without prior review and approval of the Director.

C.    Vehicles for sale. Vehicles, trailers, or other personal property shall not be parked upon a public or private street, parking lot, or public or private property for the purpose of displaying the vehicle, trailer, or other personal property for sale, hire, or rental, unless the property is appropriately zoned, the vendor is licensed to transact the applicable business at that location, and has obtained all appropriate land use entitlements and other required approvals.

D.    Restriction of parking and loading areas used for multifamily and nonresidential. Required off-street parking, loading, circulation, and access areas shall be used exclusively for the temporary parking and maneuvering of vehicles and shall not be used for the display, repair, or storage of vehicles, trailers, boats, campers, mobile homes, merchandise, or equipment, or for any other use not authorized by the provisions of this Development Code.

E.    Nonconforming status. Existing uses or structures shall not be deemed to be nonconforming solely because of the lack of off-street parking or loading spaces or parking lot improvements; provided, that facilities being used for off-street parking or loading shall not be further reduced in number. Structures with parking or loading space deficiencies shall be allowed to be occupied by new uses allowed in the zoning district; provided, that:

1.    The new use has the same or lesser parking or loading space requirement as the existing or previous use; or

2.    The new use has a greater parking or loading requirement than the existing or previous use, and a sufficient number of additional parking or loading spaces have been provided to accommodate the increased amount of spaces required for the new use. (§ 2, Ord. 14-13, eff. October 8, 2014)

Each land use shall provide at least the minimum number of off-street parking spaces required by this chapter, except where a greater number of spaces is required through land use entitlement approval or where an exception has been granted through approval of a discretionary permit.

A.    Parking requirements by land use. Each land use shall be provided the number of parking spaces required by Table 3-12. Additional spaces may be required through discretionary entitlement approval. All sites shall provide adequate off-street parking for the subject use in compliance with this chapter.

B.    Expansion of structure, change in use. When a structure is enlarged or increased in capacity or intensity, or when a change in use requires more off-street parking, additional parking spaces shall be provided in compliance with this section. Also see Section 9.32.030(E) (Nonconforming status).

C.    Multi-tenant sites. A site with multiple tenants shall provide the aggregate number of parking spaces required for each separate use; except where the site was developed comprehensively as an integrated center, the parking ratio shall be that required for the center as determined through land use entitlement approval.

D.    Parking required by entitlements and/or development agreements. Parking requirements established by conditional use permits, development agreements, or similar entitlements supersede the provisions of this chapter.

E.    Uses not listed. Land uses not specifically listed by subsection A of this section (Parking requirements by land use) shall provide parking as required by the Director. The Director shall use the requirements of Table 3-12 as a guide in determining the minimum number of parking spaces to be provided.

F.    Rounding of quantities. When calculating the number of parking spaces required, fractional spaces 0.5 or greater shall be rounded up to the nearest whole number.

G.    Company-owned vehicles. The number of parking spaces required by this section does not generally include spaces needed for the parking of company-owned vehicles. Parking spaces for company-owned vehicles shall be provided in addition to the requirements for a particular land use.

H.    Bicycle storage requirements. All nonresidential land uses shall provide bicycle parking/storage facilities in compliance with Section 9.32.090 (Bicycle storage requirements).

I.    Vehicle charging stations. Vehicle charging stations shall be administratively allowed in commercial and industrial land uses through the issuance of a building permit. Review of the application to install an electric vehicle charging station shall be limited to the building official’s review of whether it meets all health and safety requirements of local, State, and Federal law. However, if the Building Official of the City makes a finding, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, the City may require the applicant to apply for an administrative use permit.

Note:

*    All nonresidential land uses shall provide bicycle parking/storage facilities in compliance with Section 9.32.090 (Bicycle storage requirements).

Note:

*    All nonresidential land uses shall provide bicycle parking/storage facilities in compliance with Section 9.32.090 (Bicycle storage requirements).

Notes:

**    Each two (2) car garage or carport shall have and maintain a clear inside dimension of at least twenty feet (20') by twenty-two feet (22'). If a third car bay is provided, it shall have and maintain a clear inside dimension of at least ten feet (10') by twenty feet (20').

***    Tandem parking shall not be allowed to satisfy this garage requirement. The Director of Planning and Development Services may approve offset garages through the administrative use permit (AUP) approval process.

Note:

*    All nonresidential land uses shall provide bicycle parking/storage facilities in compliance with Section 9.32.090 (Bicycle storage requirements).

Notes:

*    All nonresidential land uses shall provide bicycle parking/storage facilities in compliance with Section 9.32.090 (Bicycle storage requirements).

**    All employee parking shall take place on site. Employee parking in the public street shall be prohibited. If employee parking in the public street occurs, it shall constitute grounds for revocation of the conditional use permit in compliance with Section 9.92.060 (Revocation and modifications).

(§ 2, Ord. 14-13, eff. October 8, 2014; § 1 (Att. 3), Ord. 18-19, eff. September 5, 2018; § 1(2) (Atts. 1, 2), Ord. 20-18, eff. February 3, 2021; § 1(2) (Att. A), Ord. 23-05, eff. August 9, 2023)

A.    Shared parking reduction. Where two (2) or more adjacent nonresidential uses have distinct and differing peak parking usage periods, (e.g., a theater and a bank), a reduction in the required number of parking spaces may be approved by the Director; provided, that the most remote parking space shall be located within three hundred feet (300') of the use it is intended to serve or as reviewed and approved by the Director.

B.    Parking study may be required. The Director may require the applicant to submit a parking study, prepared by a person/firm experienced in preparing parking plans, to assist the Director in determining the appropriate shared parking reduction.

C.    Reciprocal access agreement required. The property owners involved in the joint use of parking facilities shall record a reciprocal access agreement, approved by the City Attorney, with the County Recorder. A copy of the agreement shall be filed with the Director. (§ 2, Ord. 14-13, eff. October 8, 2014)

Parking areas shall include parking spaces accessible to the disabled in the following manner and in accordance with State and Federal law:

A.    Number of spaces, design standards. Parking spaces for the disabled shall be provided in compliance with the current edition(s) of the California Building Codes under Title 24, and adopted standards of the Clovis Engineering Department;

B.    Reservation of spaces required. Disabled access spaces required by this section shall be reserved by the property owner/tenant for use by the disabled throughout the life of the use;

C.    Upgrading of markings required. If amendments to State law change standards for the marking, striping, and signing of disabled parking spaces, disabled accessible spaces shall be upgraded in compliance with the new State standards. Upgrading shall be completed by affected property owners within sixty (60) days of being notified in writing by the Department of new State standards; and

D.    Fulfilling of requirements. Disabled accessible parking spaces required by this section shall count toward fulfilling off-street parking requirements. (§ 2, Ord. 14-13, eff. October 8, 2014; § 1(2) (Atts. 1, 2), Ord. 20-18, eff. February 3, 2021)

A.    Access. Access to off-street parking areas shall be provided in the following manner:

1.    Suitable maneuvering room. Parking areas shall provide suitable maneuvering room so that vehicles enter an abutting street in a forward direction. Parking lots shall be designed so as to prevent access at any point other than at designated access drives. The Director may approve exceptions for single-family homes and duplexes;

2.    Distance from driveways on local streets. Parking spaces shall not be located within twenty feet (20') of an access driveway, measured from the property line;

3.    Distance from driveways on major streets. Parking spaces and drive aisles shall be configured in such a way as to promote smooth flow of traffic onto the site from adjacent streets. The length of driveways or “throat length” shall be designed to prevent vehicles from backing into the flow of traffic on the public street or causing unsafe conflicts with on-site circulation. Entrance designs shall be subject to approval by the City Engineer; and

4.    Minimum clearance. A minimum unobstructed clearance height of fourteen feet (14') shall be maintained above areas accessible to vehicles.

B.    Access to adjacent sites. Applicants are encouraged to provide shared vehicle and pedestrian access between adjacent properties for convenience, safety, and efficient circulation. A joint access agreement guaranteeing the continued availability of the shared access between the properties and running with the land shall be recorded by the owners of the abutting properties, as reviewed and approved by the Director.

C.    Location. Off-street parking areas shall be located in the following manner:

1.    Front and street side setbacks: Not allowed. No parking spaces shall be located within the front and street side setback areas within multifamily and nonresidential developments.

2.    Accessibility of spaces. All parking spaces shall be accessible by drives and aisles in compliance with Section 9.32.080 (Driveways and site access: Nonresidential and multifamily developments).

3.    Located on same parcel. All required parking shall be located on the same parcel as the uses served, except that parking may be located on a parcel adjacent to the parcel served, subject to the review and approval of Director, and further subject to a recorded covenant running with the land recorded by the owner of the parking lot guaranteeing that the required parking will be maintained exclusively for the use or activity served.

4.    Bicycle spaces. Bicycle spaces shall be located as close as is practical to the entrance(s) to the use they are intended to serve. Spaces shall be situated so that they do not obstruct the flow of pedestrians at entrances or sidewalks.

D.    Parking space and lot dimensions.

1.    Minimum dimensions. The minimum standard parking space dimensions shall be ten feet (10') wide by twenty feet (20') long with up to a two-foot (2') overhang, in compliance with subsection (H)(5) of this section (Bumper overhang areas). (See Figure 3-8.)

2.    Parallel space dimensions. Parallel parking spaces shall be a minimum of eight feet (8'), six inches (6") wide by twenty-two feet (22') long.

3.    Minimum vertical clearance. Every parking space shall maintain a vertical height clearance of at least seven feet (7').

4.    Diagonal space dimensions. These shall be in accordance with Figure 3-8.

5.    Special parking standards. Through a publicly noticed hearing, the Planning Commission may adopt special parking standards which the Commission deems necessary or desirable to provide for the safe and commodious parking of vehicles. Such standards may include, but are not limited to, the width and length of parking spaces, the location and arrangement of parking, striping and marking, wheel stops, pavement standards, landscaping, ingress and egress, lighting and loading space requirements. Reduced parking stall dimensions shall not be less than nine and one-half feet (9.5') wide by eighteen feet (18') deep and only permitted in areas furthest from the main entrance, and only for those stalls in addition to the parking spaces required under Table 3-12.

6.    Parking structures. The minimum standards for parking spaces and aisle dimensions in a parking structure shall be established through a conditional use permit.

7.    Single-family residential garages. Each single-family residential garage spaces shall have a minimum inside dimension of ten feet (10') by twenty-two feet (22') or twenty feet (20') by twenty-two feet (22') in the case of a two (2) car garage.

8.    Single-family residential and residential PD garages. Each single-family residential planned development garage space shall have a minimum inside dimension of ten feet (10') by twenty feet (20').

FIGURE 3-7
PARKING SPACE AND LOT DIMENSIONS, RESIDENTIAL

FIGURE 3-8
PARKING SPACE AND LOT DIMENSIONS, COMMERCIAL

E.    Directional arrows and signs.

1.    Directional arrows required. In parking facilities, parking spaces, aisles, approach lanes, and maneuvering areas shall be clearly marked with directional arrows and lines to ensure the safe and efficient flow of vehicles.

2.    Traffic signs. The Director may require the installation of the traffic signs in addition to directional arrows to ensure the safe and efficient flow of vehicles within a parking facility.

F.    Drainage.

1.    Not allowed over sidewalks. Surface water from parking lots shall not drain over sidewalks or adjacent parcels.

2.    Design of drainage improvements. Parking lots shall be designed in compliance with the storm water quality and quantity standards of the City’s best management practices (e.g., National Pollutant Discharge Elimination System (NPDES)).

G.    Grades of entrances, spaces, and driveways.

1.    Entrance driveways. Driveways shall not exceed a maximum grade of fifteen percent (15%) or six percent (6%) measured along the driveway centerline. Where there is a change in the slope of the driveway, it shall be demonstrated that vehicles will be able to pass over the change in slope without interference with the vehicle’s undercarriage.

2.    Interior driveways. Ramps or driveways within the interior of a parking area shall have a maximum grade of twenty percent (20%). If a ramp or driveway exceeds ten percent (10%), the design shall include transitions (at each end of the ramp) not less than eight feet (8') in length, having a slope equal to one-half the ramp or driveway slope.

3.    Parking spaces. Parking spaces and abutting access aisles shall have a maximum grade of six percent (6%), measured in any direction.

H.    Landscaping. Landscaping shall be provided in compliance with the following requirements.

1.    Landscape plan required. A comprehensive landscape and irrigation plan shall be submitted for review and approval by the applicable review authority in compliance with Chapter 28 of this title (Landscaping Standards).

2.    Landscape materials. Landscaping materials shall be provided throughout the parking lot area using an appropriate combination of trees, shrubs, and groundcover. Drought-tolerant landscape materials shall be emphasized in compliance with Chapter 28 of this title (Landscaping Standards).

3.    Curbing, irrigation. Areas containing plant materials shall be bordered by a concrete curb at least six inches (6") high and six inches (6") wide, and provided with an automatic irrigation system. Alternative barrier designs may be approved by the Director.

4.    Location of landscaping. Parking lot landscaping shall be located so that pedestrians are not required to cross landscaped areas to reach building entrances from parked cars. This should be achieved through proper orientation of the landscaped fingers and islands.

5.    Bumper overhang areas. To increase the parking lot landscaped area, a maximum of three feet (3') of the parking stall depth may be landscaped with low-growth, hearty materials in lieu of paving, allowing a three-foot (3') bumper overhang while maintaining the required parking dimensions. Utilization of the bumper overhang concept shall not allow a vehicle to extend into or over a pedestrian walkway, vehicle access driveway, or required landscape setback. The additional landscaped area is considered part of the parking space and shall not be counted towards satisfying parking lot landscaping requirements.

6.    Perimeter parking lot landscaping.

a.    Adjacent to streets. Parking areas adjoining a public street shall be designed to provide a landscaped planting strip equivalent to the required setback for the subject zoning district.

(1)    The landscaping shall be designed and maintained to screen cars from view from the street to a height of between thirty-six inches (36") and forty-two inches (42").

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

(3)    Trees shall be provided at a rate of at least one for every twenty (20) lineal feet of landscaped area. A lower ratio of tree planting may be approved by the Director when larger species of trees are used.

(4)    Plant materials, signs, or structures within a traffic safety sight area of a driveway shall not exceed thirty-six inches (36") in height.

b.    Adjacent to side or rear property lines. Parking areas shall provide a perimeter landscaped strip where the facility adjoins a side or rear property line. The width of the perimeter landscaped strip shall be equivalent to the required setback for the subject zoning district, or five feet (5'), whichever would result in a wider landscaped strip. Trees shall be provided at a minimum rate of one tree for each twenty (20) lineal feet of landscaped area. A lower ratio of tree planting may be approved by the Director when larger species of trees are used.

7.    Interior parking lot landscaping.

a.    Landscaped islands required. All parking lots shall include appropriately designed, installed, and maintained landscaped islands, subject to the review and approval of the Director.

b.    Shading required. Fifty percent (50%) of paved parking lot surfaces shall be shaded by tree canopies within fifteen (15) years of planting. A “paved parking lot” shall include parking stalls, driveways, and maneuvering areas. Trees planted to satisfy the requirements of these guidelines are landscaping as defined by Municipal Code and are subject to established landscaping requirements. Parking lot shading shall be in compliance with the following standards and requirements:

(1)    Site plan required. A landscape plan which details the degree of compliance with these requirements is required.

(a)    The landscape plan shall show all of the following:

(i)    All landscaped areas;

(ii)    Tree canopies drawn to scale representing the estimated canopy at a fifteen (15) year growth period;

(iii)    The total area in square feet of the paved parking lot, driveways, and maneuver areas; and the area shared by tree canopies.

(iv)    A schedule listing total parking area, shaded areas, and the percentage of parking area shaded shall be included.

(v)    A schedule of the specific names of all proposed trees and their sizes.

(b)    The landscape plan shall be reviewed and approved or denied by the Department before the issuance of building permits. However, the landscape plan is encouraged to be submitted at the time the site plan review is conducted in compliance with Chapter 56 of this title.

(2)    Methodology.

(a)    In order to simplify the process of determining compliance, the true angle of deflection of natural sunlight shall not be considered. Shaded areas shall be presumed to be only those portions of a paved parking lot located directly beneath the shading canopy or drip line.

(b)    Shading shall be provided by tree canopies, except that any portion of a paved parking lot located directly beneath and shaded by a manmade structure (e.g., covered parking and overhangs) shall be deleted from the requirements of these performance standards and shall be subtracted from the area of the parking lot to be shaded.

(c)    Credit shall be given only for surface area shaded. Multiple canopies shading the same surface area shall not be counted as multiple credits.

(d)    Landscape planters located beneath the canopy may be considered as shaded parking areas for the purpose of determining compliance with these performance standards.

(e)    When more than ten (10) trees are to be planted, mixing of tree species shall be required.

(f)    Trees planted along the perimeter of a parking lot may be counted as providing shade for the full areas of their canopy.

(g)    If the degree of overlap between trees is less than fifteen percent (15%), all trees may be counted as shading one hundred percent (100%) of their canopy. If the degree of overlap between trees is fifteen percent (15%) or greater, then it will be necessary to perform individual calculations in order to determine the area of shading.

(h)    A ten percent (10%) minor deviation of the shading standard may be approved by the Director in compliance with the granting of a minor deviation, if it is found that the normal standards of this subsection would impose an undue hardship. (See Chapter 68 of this title.)

(3)    Minimum tree requirement.

(a)    Provide one medium size tree for every five (5) required parking spaces. (This requirement may be modified by the Director if the standards for shading and perimeter planting have been met.)

(b)    Disperse trees over the parking lot to provide fifty percent (50%) shading of the parking area surface within fifteen (15) years. This requirement may be reduced to forty percent (40%) for an existing development if it can be demonstrated, to the satisfaction of the Director, that the constraints of the existing site would make it impossible to meet the normal standard. Trees shall also be planted in the required landscaped areas along the periphery of the development in order to shade and enhance adjacent property and the public right(s)-of-way.

(c)    Trees shall be maintained in good health. However, trees may not be trimmed or pruned to reduce the natural height or overall crown of the tree, except as necessary for the health of the tree and public safety; or as may otherwise be approved by the Department.

(4)    Minimum planter size (to be located between tiers of parking).

(a)    Continuous planter.

(i)    Parking stall: minimum of six feet (6').

(ii)    Tree planters: minimum of six feet (6') by six feet (6').

(b)    Along periphery: minimum of ten feet (10') except as may be approved by the Department.

c.    Planters required. Trees shall be in planters located throughout the parking area. In order to be considered within the parking area, trees shall be located in planters that are bounded on at least three sides by parking area paving. Planters shall have a minimum interior dimension of five feet (5') and be of sufficient size to accommodate tree growth. All ends of parking lanes shall have landscaped islands.

d.    Larger projects. Parking lots with more than one hundred (100) spaces shall provide a concentration of landscape elements at main entrances, including specimen trees (e.g., twenty-four-inch (24"), thirty-six-inch (36"), and forty-eight-inch (48") box), flowering plants, enhanced paving, and project identification.

I.    Lighting. Parking areas shall have lighting capable of providing adequate illumination for security and safety. Lighting standards shall be energy efficient and in scale with the height and use of the on-site structure(s). All illumination, including security lighting, shall be directed downward, away from adjacent properties and public rights-of-way in compliance with Section 9.22.050 (Exterior light and glare).

J.    Recreational and commercial vehicles.

a.    All motor vehicles incapable of movement under their own power, other than in cases of emergency, shall be stored in an entirely enclosed space or carport. An entirely enclosed space shall include an area surrounded by a solid wood fence or masonry wall of not less than five feet (5') in height.

b.    No recreational vehicle (motor home, mini-motor home, camper/truck, house trailer, camper (not mounted on a truck), boat, boat trailer, or other similar vehicle) shall be stored or parked on any lot in any single-family residential district, except as provided in subsections (J)(b)(1) and (2) of section.

(1)    Side and rear yards when screened by a solid five-foot (5') to six-foot (6') fence or hedge.

(a)    No such vehicle shall exceed the height specified for an accessory building.

(b)    No vehicle shall be parked or stored within five feet (5') of the rear property line unless the height of the vehicle is less than the height of the fence. This does not apply to properties with rear alleys.

(c)    There shall be a minimum clearance of two feet (2') between recreational vehicles or trailers and the side of the house or the fence when stored in the side yard.

(2)    Front yards.

(a)    Motor homes, mini-motor homes, and camper/trucks not exceeding twenty-five feet (25') in length (as per the manufacturer’s stated length) may be parked or stored upon a driveway subject to the limitations of this subsection.

(b)    The following shall not be parked or stored upon a driveway: any motor vehicle exceeding twenty-five feet (25') in length or any commercial vehicle prohibited by Section 4.5.1014, unless such vehicle is a passenger vehicle, any nonmotorized vehicle, and any equipment; provided, however, any vehicle and any equipment may be temporarily parked or stored upon a driveway for the purposes of loading or unloading persons or personal property or for the preparation of the vehicle or equipment in connection with the commencement of or return from a planned trip, outing, or vacation. No such parking or storage shall exceed twenty-four (24) hours.

(c)    Motor homes, mini-motor homes, or camper/trucks may be stored or parked in the front setback (driveway) only if it is physically impossible or impractical to park or store such vehicle in the side or rear yard, pursuant to subsection (J)(b)(1) of this section, or in a garage or carport. No such vehicle shall be parked or stored within any part of a front yard or street side yard (on a corner lot) which is not a surfaced parking area. No such vehicle or equipment shall be parked or stored in such a manner that any portion overhangs the property line of that lot. Wherever possible, such vehicles shall be parked outside of the required front yard. No such vehicle shall be parked or stored in any sidewalk or other area of the street at the entrance of the driveway to the lot, except to the extent that it is necessary to temporarily leave a vehicle standing in such area in order to open or close a door or other enclosure to a garage, carport, or parking area on the lot, or to accomplish other similar necessary actions incidental to the ingress or egress of the vehicle to or from the lot; provided, however, any such temporary standing of a vehicle in any such area of the street shall not be a hazard to pedestrians, motorists, or vehicles on the street and shall not be in violation of any traffic or street parking regulation imposed pursuant to this Code or the Vehicle Code of the State.

(d)    The front setback area shall be limited to a single motor home, mini-motor home, or camper.

(e)    All vehicles stored in the front yard setback shall be in an operable condition.

c.    The on-street parking and storage of recreational vehicles shall be subject to the regulations of parking established pursuant to subsections (J)(c)(1) through (4) of this section and the Vehicle Code of the State.

(1)    Any motor-driven recreational vehicle not exceeding twenty feet (20') in length, except a commercial vehicle or motor truck which is not a passenger vehicle, shall be exempt from the provisions of this subsection.

(2)    No equipment or other nonvehicular property and no nonmotorized vehicle unattached to a motor vehicle shall be parked or stored in any residential street, subject to subsection (J)(c)(4) of this section.

(3)    Any recreational vehicle (not otherwise exempt pursuant to subsection (J)(c)(1) or (2) of this section) may park on any street between the hours of 6:00 a.m. of one day to 6:00 a.m. of the next day (a twenty-four (24) hour period) without restriction pursuant to this subsection.

(4)    A bona fide guest of a resident may park a recreational vehicle or trailer on the street in front of the host’s residence for a period of seven (7) days upon notification of the Police Department.

d.    The keeping or maintaining of commercial vehicles, as set forth in Section 4.5.1014, shall be prohibited in all residential districts except the R-A District. In the R-A District, such vehicles shall be permitted as allowed by the district in the front yard provided they are behind the required front setback and are parked behind a solid five-foot (5') fence. Nonconforming status shall not be granted.

e.    Except as described in subsection (J)(g) of this section, no motor vehicle shall be parked in the front yard setback of any residential district unless on all-weather surface as described in subsection (J)(f) of this section, and then only in an area commonly recognized as normally and regularly set aside for motor vehicle parking in contemporary residential construction projects.

f.    All-weather surfaces shall not cover more than fifty percent (50%) of the front yard setback area and shall be comprised of one or more of the following materials:

(1)    Asphalt;

(2)    Concrete;

(3)    Concrete block/turf stone; or

(4)    Other material approved by the Director of Planning and Development Services.

g.    Properties zoned R-A and properties of a nonconforming status on January 1, 1988, located within the boundaries of the original City limits (Minnewawa, Sierra, Barstow, and Sunnyside Avenues) shall be allowed to continue to park upon and retain those dirt or oiled driveways or those parking areas which meet the criteria set forth in subsection (J)(e) of this section, unless improvements are made to the property exceeding fifty percent (50%) of the property’s value, at which time all-weather surface shall be constructed in accordance with subsection (J)(f) of this section.

K.    Striping and identification.

1.    Vehicle spaces. Parking spaces shall be clearly outlined with four-inch (4") wide lines painted on the surface of the parking facility.

2.    Disabled spaces. Parking spaces for the disabled shall be striped and marked in compliance with applicable State and ADA (Americans with Disabilities Act) standards.

L.    Surfacing.

1.    Vehicle spaces. Parking spaces and maneuvering areas shall be paved and permanently maintained with asphalt, concrete, or other all-weather surfacing approved by the Director.

2.    Motorcycle areas. Motorcycle parking areas shall be paved with concrete or equivalent all-weather surfacing, subject to the review and approval of the Director.

3.    Bicycle areas. Bicycle parking areas shall be surfaced so as to keep the area in a dust-free condition, subject to the review and approval of the Director.

M.    Wheel stops/curbing. Continuous concrete curbing at least six inches (6") high and six inches (6") wide shall be provided for parking spaces located adjacent to fences, walls, landscaped areas, property lines, and structures. The continuous curbing shall be placed to allow for a minimum two feet (2') of vehicle overhang area within the dimension of the parking space, subject to the review and approval of the Director. A parking overhang shall occur within a required landscape setback. Individual wheel stops are discouraged. (§ 2, Ord. 14-13, eff. October 8, 2014)

Driveways providing site access shall be from an improved street, alley, or other public and/or private right-of-way, and shall be designed, constructed, and properly maintained as follows:

A.    Number of driveways.

1.    Up to two (2) driveways shall be allowed for each parcel two (2) acres or more in size unless the City Engineer determines that more than two (2) driveways are required to accommodate traffic volumes on specific projects. Additional driveways shall not be allowed if it is determined to be detrimental to traffic flow on the adjacent street(s).

2.    Whenever a property has access to more than one street, access shall be generally limited to the lowest volume street where the impact of a new access will be minimized, unless otherwise approved by the City Engineer.

3.    Access to arterials and collector streets shall be spaced to provide for reasonable access to properties while maximizing traffic safety and traffic flow. Emphasis should be placed on maximizing on-site reciprocal access and minimizing the number of street access points.

4.    All access spacing and control requirements shall be determined by the City Engineer.

B.    Distance from street corners.

1.    Driveways to parking areas shall be located a minimum of two hundred fifty feet (250') from the nearest intersection, as measured from the closest curb return to the closest side of the driveway approach, unless modified by the City Engineer.

2.    The required spacing on arterial, collector, expressway, local collector, and local streets shall be based on anticipated traffic volumes and the Circulation Element of the General Plan.

C.    Driveway width and length.

1.    Two (2) way aisles. Two (2) way drive aisles within parking areas shall be a minimum of twenty-six feet (26') in width for general circulation and aisles required for fire access, subject to the review and approval of the City’s Fire Marshal.

2.    One-way aisles. One-way aisles shall be a minimum of seventeen feet (17') in width unless required for fire access, in which case the minimum width shall be subject to the review and approval of the City’s Fire Marshal.

3.    Parking aisles. Aisles that provide access primarily to parking stalls, and are not required for fire access, may be twenty-six feet (26') in width.

4.    Maximum driveway width. The maximum driveway width shall be thirty-six feet (36') for multifamily residential and forty-one feet (41') for nonresidential, exclusive of the area provided for a median divider. However, in no case shall the driveway width exceed thirty percent (30%) of the total curb face of the subject parcel, except for cul-de-sac lots or lots of unusual configuration where the director may allow a greater percentage.

D.    Clearance from obstruction. The nearest edge of a driveway apron or curb return shall be at least three feet (3') from the nearest alley or adjacent property line and eight feet (8') from the nearest street right-of-way, and at least five feet (5') from the nearest centerline of a fire hydrant, light standard, traffic signal, utility pole, or other similar facilities. Driveways shall have a minimum overhead clearance of fourteen feet (14') in height, except within a parking structure which may be reduced to seven feet (7').

E.    Traffic safety visibility area. Structures or landscaping over thirty-six inches (36") in height shall not be allowed within a traffic safety sight distance area formed by the intersection of public rights-of-way, driveways, or alleys, as determined by the City Engineer.

FIGURE 3-9
TRAFFIC SAFETY VISIBILITY AREA (CORNER CUTOFF)
(See Figure 3-1)

(§ 2, Ord. 14-13, eff. October 8, 2014; § 1(2) (Atts. 1, 2), Ord. 20-18, eff. February 3, 2021)

Bicycle storage facilities shall be provided for all nonresidential land uses in the following manner:

A.    Number of storage spaces required. Bicycle storage spaces shall be provided at a rate of two percent (2%) of the number of required off-street vehicle parking spaces. The Director may modify this requirement where it can be demonstrated that a lesser number of bicycle spaces can adequately serve the intended use(s). Bicycle storage spaces for uses located within the R-T District shall be provided at a rate of five percent (5%) of the number of required off-street vehicle parking spaces.

B.    Bicycle storage design and devices. Bicycle storage areas shall be designed and provided as follows:

1.    Storage equipment. Each bicycle storage space shall include a stationary parking device to adequately support the bicycle.

2.    Storage layout.

a.    Aisles. Access to bicycle storage spaces shall be at least five feet (5') in width.

b.    Unenclosed spaces. Each bicycle space shall be a minimum of two feet (2') in width and six feet (6') in length and have a minimum of seven feet (7') of overhead clearance.

c.    Relationship to structure entrances. Bicycle spaces shall be conveniently located and generally within close proximity to the main entrance of a structure and shall not conflict with pedestrian access.

d.    Relationship to motor vehicle parking. Bicycle storage spaces shall be separated from motor vehicle parking spaces or aisles by a fence, wall, curb, or by at least five feet (5') of open area, marked to prohibit motor vehicle parking.

e.    Bicycle parking amenities. Additional amenities, including enclosed bicycle parking, shower facilities, and bike and personal lockers should be provided, as determined to be appropriate by the applicable review authority and consistent with City standards and State and Federal requirements. (§ 2, Ord. 14-13, eff. October 8, 2014)

A.    Number of loading spaces required. All nonresidential land uses with three thousand five hundred (3,500) square feet of floor area or more shall provide off-street loading space(s) in compliance with Table 3-13. Requirements for uses not specifically listed shall be determined by the Director based upon the requirements for comparable uses and upon the particular characteristics of the proposed use.

B.    Standards for off-street loading and unloading areas. Off-street loading and unloading areas shall be provided in the following manner:

1.    Dimensions. Loading spaces shall be not less than twelve feet (12') in width, forty feet (40') in length, with fourteen feet (14') of vertical clearance.

2.    Location. The location shall ensure that the vehicles would not be able to extend into or over a public right-of-way (e.g., pedestrian walkway or street) when using, or waiting to use, the loading and unloading areas.

3.    Lighting. Loading areas shall have lighting capable of providing adequate illumination for security and safety. Lighting standards shall be energy efficient and in scale with the height and use of adjacent structure(s) in compliance with Section 9.22.050 (Exterior light and glare).

4.    Loading bays.

a.    Loading bays and roll-up doors shall be painted to blend with the exterior structure wall(s) and generally located on the rear of the structure.

b.    Areas for loading and unloading shall be designed to avoid potential adverse noise, visual, and illumination impacts on neighboring residences. These areas shall be concealed from view of the public and adjoining land uses. Concealment and screening may be accomplished by use of any of the following, subject to the review and approval of the Director, and in compliance with Section 9.24.090 (Screening and buffering):

(1)    Design the structures to enclose the loading and unloading service areas thereby providing for their concealment;

(2)    Construct perimeter eight-foot (8') high solid grout walls for depressed loading areas, twelve-foot (12') for at-grade loading areas, to be architecturally coordinated with the main structures and on-site landscaping. Additional heights may be required to mitigate noise; or

(3)    Screen the loading and unloading areas with dense vegetative hedges, combined with the decorative eight-foot (8') to twelve-foot (12') high walls.

FIGURE 3-10
MASONRY WALLS CAN BE UTILIZED TO SCREEN LOADING AREAS

c.    When it is not possible or desirable to locate the loading/unloading facilities at the rear of the structures, the loading docks and loading doors shall be located on the side of the structures and shall be screened from the public street rights-of-way by a suitable combination of walls and landscaped berms, subject to the review and approval of the Director.

d.    The loading and unloading facilities shall be designed and placed on the site so that vehicles, whether rear loading or side loading, may be loaded or unloaded at any loading dock or door, or loading area, without extending beyond the property line.

e.    Special orientation or design treatment of the loading docks located in close proximity to neighboring residences shall be required in order to reduce the associated light and acoustical impacts to less-than-significant levels, subject to the review and approval of the Director. Within one hundred feet (100') of a residential district, an administrative use permit shall be required.

5.    Loading ramps. Plans for loading ramps or truck wells shall be accompanied by a profile drawing showing the ramp, ramp transitions, and overhead clearances.

6.    Striping. Loading areas shall be striped indicating the loading spaces and identifying the spaces for “loading only.” The striping shall be permanently maintained by the property owner/tenant in a clear and visible manner at all times.

7.    Compliance with applicable noise standards. For all uses that share a common property line with adjacent residential uses, outdoor loading and unloading activities shall comply with the City’s adopted noise standards, in compliance with Section 9.22.080 (Noise). (§ 2, Ord. 14-13, eff. October 8, 2014)

The purpose of this chapter is to provide minimum standards to safeguard life, health, property, and public welfare, and to preserve the character of the City by regulating the construction, design, height, lighting, location, maintenance, number, quality of materials, and size of signs and sign structures not enclosed within a structure, in order to accomplish the following:

A.    Provide a reasonable and comprehensive system of sign controls to ensure the development of a high quality environment;

B.    Encourage a desirable character with a minimum of clutter, while recognizing the need for signs as a major form of communication;

C.    Provide for fair and equal treatment of all sign users;

D.    Encourage signs that are well designed and pleasing in appearance such as monument signs and architecturally integrated signs;

E.    Provide for maximum public convenience by properly directing people to various activities; and

F.    Promote public safety by providing that official traffic regulation devices be easily visible and free from nearby visual obstructions, including blinking signs, excessive number of signs, or signs resembling official traffic signs. (§ 2, Ord. 14-13, eff. October 8, 2014)

A.    All signs. The standards in this chapter are intended to apply to all signs within the City.

B.    Allowed signs. Only signs authorized by this chapter shall be allowed unless otherwise expressly provided in this chapter.

C.    Applicability to sign content. The provisions of this chapter do not regulate the message content of signs (sign copy), regardless of whether the message content is commercial or noncommercial. (§ 2, Ord. 14-13, eff. October 8, 2014)

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

A-frame sign. A portable sign with advertising messages mounted on one or two (2) surfaces with two (2) edges connected with the other two (2) edges spread so that the two (2) faces read from different directions.

Abandoned sign. A sign remaining in place or not maintained for a period of ninety (90) days which no longer advertises or identifies an ongoing business, product, or service available on the business premises where the sign is located.

Advertising structure. See “billboard.”

Aerial sign. A sign or device that is either floating or flying in the air but is secured to a structure or to the ground by strings or cables, and is primarily installed to attract attention to or to advertise a business, a business location, a service, a product, or an event.

Alteration. Any change of color, construction, copy, illumination, location, position, shape, sign face, size, or supporting structure of any sign.

Animated sign. A sign that uses movement or change of lighting to depict action or create a special effect or scene. This definition includes blinking, flashing, moving, and revolving signs; strobe, laser, fiber optic, searchlights; and string lighting of any type, including blinking or Tivoli lights.

Apartment/multifamily identification sign. A sign identifying an apartment or multifamily structure, an apartment or multifamily complex, or a planned unit development project by name and/or address.

Area of a sign. See “sign area.”

Awning sign. A sign painted or otherwise affixed permanently to the exterior surface of an awning. For purposes of this chapter, “awning” means shelter projecting from and supported by the exterior wall of a building and constructed of a rigid frame covered by a flexible skin (e.g., fabric, synthetic material, or thin sheet metal).

Banner. A temporary sign made of fabric or any nonrigid material with no enclosing framework.

Barber pole. A rotating or stationary cylindrical pole of traditional red, white, and blue striped design.

Base of the sign structure. The structural component of a freestanding sign located below the sign face.

Bench sign. Copy painted on or affixed to any portion of a bench.

Big box user sign. A sign identifying an operator of or a tenant within a big box retail development. See “big box retail” in Division 8 of this title (Definitions).

Billboard. A sign or advertising structure used as an outdoor display for advertising that does not pertain to the businesses or activity on the premises where the sign or advertising structure is located.

Bunting. A decoration made out of fabric, sheet metal, synthetic, or any thin pliable material that is securely attached to at least two (2) ends of a rigid frame attached to a pole or projecting from a structure.

Business frontage. That portion of a building frontage occupied by a single business tenant having a public entrance within the building frontage.

Business identification sign. A sign which serves to identify the name(s), address (s), and lawful use of the premises upon which it is located.

Cabinet sign (can sign). A sign which contains all the text and/or logo symbols within a single enclosed cabinet and may or may not be illuminated.

Changeable copy sign. A sign designed to allow the changing of copy through electrical, manual, or mechanical means, including time and temperature.

Channel letters. Three (3) dimensional individually cut letters or figures, illuminated or nonilluminated, affixed to a structure.

Civic event sign. A temporary sign, other than a commercial sign, posted to advertise a civic event sponsored by a civic-fraternal organization, place of worship, public agency, school, or similar noncommercial organization.

Commercial message content or speech. Any message, the prevailing thrust of which is to propose a commercial transaction.

Contractor or construction sign. A sign which states the name of the developer and contractor(s) working on the site and any related architectural, engineering, or financial organizations involved with the project.

Convenience sign. A sign that conveys information (e.g., entrance, no parking, restrooms, etc.) or minor business identification for directional purposes, and is designed to be viewed on site by pedestrians and/or motorists.

Copy. Designs, figures, letters, numbers, words, or other symbolic representations incorporated into a sign.

Current value. The original cost or valuation of a sign depreciated in compliance with this chapter.

Directional sign. An on-site sign no greater than two (2) square feet in size and three feet (3') high, giving only information and direction to the viewer and containing no advertising message.

Directory sign. A sign for listing the tenants and their suite numbers of a multi-tenant structure or center.

Double-faced sign. A sign constructed to display its message on the outer surfaces of two (2) identical and/or opposite parallel planes.

Edge of roof. On a pitched roof, the lowest portion of the fascia board covering the roof rafters, or if no fascia board exists, the lowest point of the roof rafters. On a flat roof, the top of the parapet wall.

Electronic reader board sign. A sign with a fixed or changing display/message composed of a series of lights, but not including time and temperature displays.

Externally illuminated sign. A sign illuminated from an exterior light source.

Fence sign. A sign attached to or painted onto a freestanding fence or wall.

Flag. A fabric, material, or textile of any shape or size, with colors, patterns, and the like used as symbols of a nation, state, or company, or used for attracting attention; a pennant.

Flashing sign. A sign that contains an intermittent or sequential flashing light source.

Freestanding sign. A sign standing on the ground, which is self-supporting, not attached to a structure. Signs mounted on architecturally integrated extensions of structures shall not be considered freestanding.

Freeway oriented sign. A freestanding sign that is primarily oriented to the traveling public using a freeway or expressway, and installed for the sole purpose of identifying major business locations within certain nonresidential zoning districts in close proximity to a freeway or expressway.

Frontage – building. The linear dimension of a structure that faces upon a public street (excluding an alley) or public/private parking lot, if appropriate, and is roughly parallel that street or parking lot.

Frontage occupancy. A single lineal dimension measured horizontally along the front of a structure which defines the limits of a particular business or use at that location and which has direct public pedestrian access through an exterior wall.

Frontage site. The length of a site along the street or other principal public thoroughfare, but not including a length along an alley, freeway, railroad, or watercourse.

Future tenant identification sign. A temporary sign that identifies the names of future businesses that will occupy a site or structure.

Gasoline/fuel price sign. An on-site sign identifying the brand and/or type and price of fuels sold.

Governmental sign. Signs placed by a governmental entity and/or required by local, State, or Federal law.

Grand opening. A temporary promotional activity, not exceeding thirty (30) calendar days, used by newly established businesses, within sixty (60) days after initial occupancy, to inform the public of their location and services available to the community. “Grand opening” does not mean an annual or occasional promotion of retail sales by a business.

Graphic. All depictions, lettering, logos, patterns, pictures, and symbols, including color, on a sign.

Height of sign. The vertical distance from the uppermost point used in measuring the area of a sign to the average finish grade immediately below and adjoining the sign or the top of the nearest curb of the public street on which the sign fronts, whichever measurement is the greatest.

Holiday decoration sign. Temporary signs, in the nature of decorations, clearly incidental and customarily associated with nationally recognized holidays and which contain no advertising message.

Holiday promotional sign. See Section 9.34.120(B)(9)(a).

Human sign. A sign as defined in Section 9.34.070(A)(8).

I-frame sign. A portable sign with advertising messages mounted on one or two (2) surfaces with two (2) generally parallel edges constructed so that the two (2) faces read from different directions.

Illegal sign. A sign which includes any of the following:

1.    A sign erected without first complying with all regulations in effect at the time of its construction or use;

2.    A sign that was legally erected, but whose use has ceased, the structure upon which the display is placed has been abandoned by its owner, or the sign is not being used to identify or advertise an ongoing business for a period of at least ninety (90) days;

3.    A sign that was legally erected which later became nonconforming and then was damaged to the extent of fifty percent (50%) or more of its current replacement value;

4.    A sign which is a danger to the public or is unsafe; or

5.    A sign which is a traffic hazard not created by relocation of streets or highways or by acts of the City.

Inflatable sign. A form of inflatable device or a sign that is displayed, painted, or printed on the surface of a balloon or any other form of inflatable background, and is primarily installed outside a building to attract attention to or to advertise a business, a business location, an event, a product, or a service.

Internally illuminated sign. A sign whose light source is located in the interior of the sign so that the rays go through the face of the sign, or internal light source which is attached to the face of the sign and is perceived as a design element of the sign.

Institutional sign. A sign identifying the premises of, or announcing the activities conducted by, a hospital, place of worship, rest home, school, or similar institutional facility.

Light-emitting diode (LED) sign. A sign illuminated by use of light-emitting diode (LED) lights.

Logo. The emblem, insignia, name, symbol, or trademark of a company or organization.

Major tenant. A tenant in a business center leasing a large portion (e.g., seven thousand (7,000) square feet) of the leasable space in the center.

Mansard roof. A roof having an almost vertical face on three (3) or more sides on the exterior portion of the roof and an almost horizontally flat roof on the interior portion of the roof.

Menu/preview board. A display sign that indicates items and prices sold within an establishment.

Message center display sign. A display sign that has a changeable message board that is remotely controlled by electrical or electronic means.

Marquee (canopy) sign. A sign which is attached to or otherwise made a part of a permanent roof-like structure which projects beyond the building wall in the form of a canopy to provide protection from the weather.

Mascot. A person or thing that is used to symbolize a particular event, business or organization.

Mobile/vehicle sign. A sign affixed, attached, mounted, or painted upon any surface of a motor vehicle, trailer, or similar conveyance parked on public or private property for the purpose of advertising a business or a business location within the City or outside the City.

Monument sign. An independent, freestanding structure supported on the ground having a solid base as opposed to being supported by poles or open braces.

Multiple tenant site/center. A commercial or industrial development consisting of two (2) or more separate businesses that share either the same parcel or structure and use common access and parking facilities.

Mural. A picture on an exterior surface of a structure that does not contain the name of the business, product, or service located on the premises.

Neon sign. Glass tube lighting in which a gas and phosphors are used in combination to create a colored light. Similar banding type lighting illuminated by LEDs, etc, shall be treated as “neon signs” for application of the sign ordinance.

Noncommercial message content, or speech. Any message that is not determined to be commercial speech, as defined above.

Nonconforming sign. An advertising structure or sign which was lawfully erected and maintained before the adoption of this Development Code, and which has subsequently come under the requirements of this Development Code, but does not comply with this Development Code.

Obscene sign. Signs when taken as a whole, which to the average person applying contemporary statewide standards, appeals to prurient interest and depicts or describes in a patently offensive manner sexual conduct which lacks serious artistic, literary, political, or scientific value.

Official flag. The official flag of the United States of America, the State of California, other government agencies, civic organizations, corporate organizations, and private or nonprofit organizations.

Off-site advertising sign. A sign structure or billboard, whether freestanding or mounted on an existing building, built for the purpose of advertising an establishment, product, or service that is not available on the property upon which the sign is located at the time the sign structure was erected.

Off-site directional sign. A sign identifying an emergency facility, publicly owned facility, or a temporary subdivision sign, but excluding real estate signs.

Off-site sign. Any sign identifying a facility, product, service, or use which is not located, manufactured, or sold on the same premises as the sign or which identifies a facility, product, service, or use by a brand name which, although manufactured or sold on the premises, does not constitute the principal item manufactured or sold on the premises.

Off-site subdivision sign. A temporary off-site, freestanding sign designed, erected, and maintained to serve the public by providing directions and information regarding new developments and/or community facilities.

Painted sign. A sign painted or silkscreened onto a structure wall or freestanding structure.

Parking lot sign. An on-site sign that is designed and erected solely for the purposes of directing vehicular and/or pedestrian traffic within a site.

Pennant. See “flag.”

Permanent sign. A sign constructed of durable materials and intended to exist for the duration of time that the occupant or use is located on the premises.

Placed or displayed. Carved, constructed, erected, glued, painted, posted, printed, tacked, or otherwise fastened, fixed, or made visible in any manner whatsoever.

Pole sign. A freestanding sign supported by one or more poles.

Political sign. A temporary sign designed for the purpose of advertising support of, or opposition to, a candidate or proposition for a public election.

Portable sign. A sign that is not permanently affixed to a structure or the ground.

Privilege sign. A standardized sign supplied at nominal cost or free to a retailer where a minor portion of the sign face (e.g., up to twenty-five percent (25%) of the sign face), by text and/or style, identifies the product of a national or regional distributor or manufacturer, and the remainder of the sign face is available to identify the local retailer.

Project sign. A temporary sign describing in words and/or drawings a planned future development project to be located on the same property.

Projecting sign. A sign, other than a wall sign, suspending from, or supported by, a structure and projecting outward.

Promotional sign. A sign erected on a temporary basis to promote new hours of operation, new management, the sale of new products, a new service, or to promote a special sale (see Section 9.34.120(B)(9)).

Property frontage. The front or frontage is that side of a parcel or development site abutting a public street right-of-way.

Public entrance. An entrance into a structure recognized as a main or principal entrance. Fire-exit-only doorways shall not be included as public entrances. Only one public entrance may be utilized for allowable wall sign calculations.

Reader board sign. See “changeable copy sign.”

Real estate sign. A sign indicating that a property, or any portion thereof, is available for inspection, lease, rent, sale, or directing people to a property, but not including temporary subdivision signs.

Roof line. A horizontal plane projected parallel to the plane of the roof fascia line or top of a parapet wall or an angular plane projected parallel to the verge rafter of a gable roof.

Roof sign. A sign constructed upon or over a roof, or placed so as to extend above the edge of the roof.

Shopping Center. A large commercial center located within the P-C-C (Planned Commercial Center) or the U-C (Urban Center) District.

Sign. Any device, display, figure, message, painting, placard, structure, or other contrivance, or any part thereof, situated outdoors or indoors, which is designed, constructed, intended, or used to advertise, or to provide data or information in the nature of advertising, to direct or attract attention to a business, event, institution, location, object, person, or service by any means, including colors, designs, figures, fixtures, illumination, letters, projected images, symbols, or words.

Sign area. The entire area within a perimeter defined by a continuous line composed of right angles, not exceeding eight (8) geometrical lines, which enclose the extreme limits of lettering, logo, trademark, or other graphic representation, together with any frame or structural trim forming an integral part of the display used to differentiate the sign from the background against which it is placed.

Sign clearance. The vertical distance between the bottom of a sign and the sidewalk or roadbed grade nearest the base of the sign.

Sign copy. Any design, figures, graphics, letters, logos, numbers, words, or other symbolic representation incorporated into a sign.

Sign face. See “sign area.”

Sign program. A coordinated program of one or more signs for an individual business establishment or a business/commercial center.

Sign seal. A sticker or other approved method of identifying a sign having all necessary City approvals and permissions for its display.

Sign structure. Any structure which supports or is capable of supporting any sign. A sign structure may or may not be an integral part of a building. For the purpose of a freestanding sign, the sign structure shall include the aggregate area of the sign, including the sign copy and all structural elements of the sign.

Snipe sign. A temporary sign or poster that advertises shows or events.

Special event banner/sign. A temporary banner or sign that is intended to inform the public of a unique action, happening, occasion, or purpose (e.g., grand opening or community event).

Stabber sign. A temporary sign installed by penetrating the ground.

Subdivision directional sign. An off-premises sign providing information on the location of a subdivision whose parcels or units are being offered for lease, rent, or sale.

Subdivision identification sign. An on-premises sign advertising developed or undeveloped real property which has been divided into five or more parcels or units for lease, rent, or sale. (Signs advertising fewer than five (5) parcels shall be treated as “real estate signs.”)

Temporary sign. Any sign intended to be displayed for a limited period of time (meaning a maximum of thirty (30) days in any one calendar year, unless otherwise allowed by this chapter) and capable of being viewed from any neighboring property, parking area, or public right-of-way.

Under canopy sign. A sign suspended under an arcaded walk, canopy, or marquee in front of a structure, which shall be located a minimum of seven feet (7') above the walkway.

Vehicle sign. A sign which is attached to or painted on a vehicle which is parked on or adjacent to any property, the principal purpose of which is to attract attention to a business located or a product sold on the property.

Wall sign. A sign which is attached to or painted on the exterior wall of a structure with the display surface of the sign approximately parallel to the wall.

Windblown device. A human created device that visibly moves when blown by the wind, other than banners or flags.

Window area. Windows shall be viewable from the exterior of the area to the interior of the area. Window area shall be computed by calculating each window pane or panel. The area shall be separate for each building face, and for each window. A group of window panes or panels may be considered one window if they are adjoining on the building face and are less than six inches (6") apart. Display cases are not considered to be part of a window area. The window shall be a real window by standard definition, not a representational or false window.

Window sign. Any sign affixed, painted, placed, or posted in or on any window exposed to public view. Also includes any interior sign which faces any window exposed to public view and which is located within three feet (3') of the window. (§ 2, Ord. 14-13, eff. October 8, 2014)

A.    Sign review permit required. Except for certain exempt signs (see Section 9.34.060 (Exempt signs)), no sign shall be altered, constructed, erected, re-erected, or relocated, except as provided by this chapter, unless a sign review permit has been issued by the Director.

B.    Sign review permit fee. A sign review permit shall not be issued until the applicant has paid the applicable permit fees in compliance with the City’s Fee Schedule.

C.    Plans required. Sign review plans shall include three (3) sets of working drawings of the site showing all sign locations, elevations of structures and signs, an illustrative sample of the sign copy, exact colors, materials, methods of attachment, and methods of illumination. Plans shall be fully dimensioned and drawn to scale. Plans shall include all existing signs as well as all proposed signs. Additional information may be required by the Director. (§ 2, Ord. 14-13, eff. October 8, 2014)

A.    Purpose.

1.    The purpose of a comprehensive sign program is to integrate a project’s signs with the design of the structures to achieve a unified architectural statement.

2.    A comprehensive sign program provides a means for the flexible application of sign regulations for multi-tenant projects and projects with more than five (5) permanent signs in order to encourage creativity and provide incentive and latitude in the provision of multiple signs and to achieve, not circumvent, the intent of this chapter.

3.    A comprehensive sign program is required for a Zoning Map amendment to the U-C and P-C-C Districts in compliance with Chapter 86 of this title (Amendments).

B.    Application requirements. The following information is required for the submittal of a rezone and/or a conditional use permit application for a comprehensive sign program:

1.    Plans. Plans, to scale, to include the following:

a.    Sign details indicating sign area, colors, dimensions, letter height, letter style, materials, and method of illumination for all signs;

b.    Site plan indicating the location of all proposed signs with sign area dimensions;

c.    Structure elevation(s) with sign locations depicted and with dimensions; and

d.    A summary table showing the complete sign program and total square footage of all on-site signs.

2.    Replacement of signs. A statement explaining how revisions/modifications/replacement of tenant signs will be carried out to limit the possibility of holes being left in the structure’s exterior by mounting brackets, electrical connections, or similar items;

3.    Temporary signs. A statement of how the use of temporary banners, signs, and similar advertising devices will be monitored by the applicant to ensure compliance with the requirements of this chapter; and

4.    Other. Supplemental information required by the Director.

C.    Lessees to be informed of comprehensive sign program. Lessees within developments subject to the requirements of an approved comprehensive sign program shall be made aware of the program in their lease and their responsibility to follow the approved comprehensive sign program.

D.    Findings. In approving an application for a rezone or a conditional use permit authorizing a comprehensive sign program, the applicable review authority shall make the following findings, in addition to those required for a rezone or a conditional use permit in compliance with Chapter 64 of this title:

1.    The comprehensive sign program satisfies the purpose and intent of this chapter;

2.    The signs enhance the overall development, are in harmony with, and are visually related to other signs included in the comprehensive sign program and to the structure and/or uses they identify, and to surrounding development;

3.    The comprehensive sign program accommodates future revisions which may be required due to changes in uses or tenants; and

4.    The comprehensive sign program complies with the standards of this chapter, except that flexibility is allowed with regard to sign area, height, location, and/or number to the extent that the comprehensive sign program will enhance the overall development and will more fully accomplish the purpose of this chapter.

E.    Revisions to comprehensive sign programs.

1.    Revisions to a comprehensive sign program may be approved by the Director if it is determined that the revision is minor and that the intent of the original approval, and any conditions attached thereto, are not affected.

2.    For revisions that would substantially deviate from the original approval, the Director may require a modification to the original conditional use permit approval to be considered by the applicable review authority.

3.    Revisions to a comprehensive sign program originally approved as part of a Zoning Map amendment to the U-C and P-C-C Districts in compliance with Chapter 86 of this title (Amendments) shall require an amendment to the U-C or P-C-C as well. (§ 2, Ord. 14-13, eff. October 8, 2014; § 1(2) (Att. A), Ord. 23-05, eff. August 9, 2023)

The following signs are exempt from the permit requirements of this chapter, provided they conform with the applicable standards identified in this chapter, but shall be limited by Section 9.34.070 (Prohibited signs).

A.    Addresses.

1.    Street number and/or name signs not exceeding one square foot per sign for single-family or duplex structures and four (4) square feet per sign for all other uses.

2.    One sign per street frontage shall be allowed.

3.    This shall include signs which identify the location of the office of the manager of the property;

B.    Commemorative plaques. Memorial signs and tablets approved under site plan review, structure names and/or erection dates when cut into a permanent surface or constructed on noncombustible materials, and religious symbols and similar emblems when submitted with the design of the structure and approved in compliance with this Development Code;

C.    Community activity signs.

1.    Signs associated with a charitable, civic, cultural, educational, or religious organization not exceeding thirty-two (32) square feet in size.

2.    Signs shall be temporary and nonilluminated, located on private property only, and shall not create a site visibility hazard;

D.    Construction announcement signs. Signs placed on real property upon which construction is to take place, which signs contain information regarding the individuals and firms directly connected with the construction project, including the name of the contractor, the subcontractors, the provider of financing, the real estate licensee, and future tenants.

1.    Signs for sites less than two (2) acres shall be limited to a maximum size of thirty-two (32) square feet (four feet (4') by eight feet (8')) in aggregate sign area.

2.    Signs for sites of two (2) acres or greater shall not exceed one hundred twenty-eight (128) square feet (eight feet (8') by sixteen feet (16')) in aggregate sign area.

3.    Signs shall not be displayed more than twelve (12) months before the construction of the project.

4.    Time extensions may be approved by the Director.

5.    Construction announcement signs shall be removed within thirty (30) days after the issuance of the certificate of occupancy for a majority of the development;

E.    Credit cards, trading stamps, and association membership. Credit cards accepted, trading stamps or other like promotional incentives given, and association membership signs when not exceeding one-half (1/2) square foot per window sign and one and one-half (1-1/2) square feet per hanging sign, and a maximum total of four in number;

F.    Directional signs. Signs bearing no advertising message or company logo, limited to directional arrows, “Exit,” “Enter,” or “Drive-Thru,” and located on the site may be erected when necessary to facilitate circulation within the site or facilitate egress and ingress.

1.    Signs shall not be counted against the site’s maximum allowed sign area.

2.    No sign shall exceed two (2) square feet in area.

3.    The number, placement, and size of informational signs may be limited by the Director. Directional signs shall not be located at site driveways;

G.    Directory signs. Directory signs not exceeding twelve (12) square feet in area, located within a project and not visible from the street, may be erected when necessary to facilitate business locations within larger multi-tenant sites. Freestanding signs shall not have an overall height exceeding five feet (5'). These signs shall not count against the site’s maximum allowed sign area;

H.    Flags. Flags of any nation, political subdivision, or fraternal or religious organization and those flags determined by the Commission to be of a noncommercial, nonprofit civic character; provided, the pole height does not exceed the maximum height of the underlying zone district and the height of the flag is not more than one-fourth (1/4) the height of the pole.

1.    A sign application may be submitted to the Commission for a flagpole higher than the maximum height of the underlying zone district or a flag which exceeds one-fourth (1/4) the height of the pole where the applicant can demonstrate that the proposed flag and/or pole is consistent with the intent and purpose of this chapter.

2.    This subsection is not intended to allow the clustering or display of flags for the purpose of commercial attraction as determined by the Commission;

I.    Informational signs for the safety and convenience of the public. Signs including “danger,” “impaired clearance,” “no smoking,” “restrooms,” “telephone,” and other signs of a similar nature (“drive-in window,” “parking in rear,” and parking facility signs) may be allowed up to five (5) square feet in area under this subsection;

J.    Interior signs.

1.    Signs located in the interior of any structure or within an enclosed court or lobby of any structure or group of structures, and which are not visible from any public right-of-way, shall not be subject to the size and location criteria within this chapter.

2.    Signs which require electrical connections or engineered supports shall be required to obtain all required permits;

K.    Nonprofit, cultural, and promotion posters. Temporary display posters in connection with nonprofit civic and cultural events and with noncommercial health, safety, and welfare campaigns (e.g., Heart Fund, Red Cross, United Crusade, and performing arts). Posters shall be removed within fourteen (14) days after the termination of the event;

L.    Official signs. Official signs posted in the discharge of any governmental function by public officials in the performance of their duties (including traffic and street name signs, as well as emblems, notices, or other forms of identification and signs required by law);

M.    Political signs. Signs associated with a candidate for an elected office, political party, or ballot measure, or which make a political statement, not exceeding thirty-two (32) square feet in area per candidate or issue per site, subject to the following:

1.    The sign shall be erected not earlier than the closing date of the filing for candidacy and shall be removed within fourteen (14) days after the election. However, those candidates remaining after the primary election may continue to display their signs until fourteen (14) days after the next general election.

2.    No campaign or political sign shall be attached to fence posts, trees, or utility poles, except on private property where signs may be attached to fence posts and/or trees with the permission of the property owner.

3.    No campaign or political sign shall be attached and erected on public property or within the public right-of-way.

4.    Campaign or political signs placed upon private property shall not be erected in a manner which, in whole or in part, would create a hazardous condition to pedestrian or traffic alike, either by obstructing the free use of exits, structure or site, or by creating visual distraction, whether by color, glare, or representing a traffic control device.

5.    In cases where campaign or political signs are not removed within the specific time period, the Director shall have the remaining signs removed at the candidate’s expense;

N.    Real estate signs. Real estate signs subject to the following:

1.    For sale or lease. On-site or structure signs not exceeding four (4) square feet for single-family or duplexes and sixteen (16) square feet for multifamily, business, and industrial sites of up to two (2) acres in area, thirty-two (32) square feet total sign area for multifamily, business, and industrial sites of two (2) acres or larger, and one in number per street frontage;

2.    Open house: On site. On-site or structure signs, between the hours of 10:00 a.m. and 7:00 p.m. daily, not exceeding four (4) square feet per sign and one in number per site or structure; and

3.    Open house: Off-site residential. Open house signs for single-family, including duplexes, between the hours of 10:00 a.m. and 7:00 p.m. daily, not exceeding four (4) square feet per sign and one in number in the neighborhood of sales; not to be located in any center median of a public road or in a sidewalk right-of-way; and directional arrows with addresses not exceeding four (4) in number in the neighborhood of sales. In adopting this exemption for off-site residential open house signs, the Council finds as follows:

a.    The City has a compelling interest to exempt certain signs to further the purpose and objectives of this chapter and to allow for the use of signs with minimal aesthetic impact because of their size and temporary nature.

b.    The single-family residential real estate industry is distinct from other industries in that there are generally no storefronts available for advertising and most homes are not located adjacent to heavily traveled streets. This makes off-site signs that advertise available homes necessary for potential buyers to find them.

c.    Real estate signs do not advertise goods or services, but actual locations. Directing potential buyers to an available home is necessary to facilitate real estate transactions as potential buyers must be able to find and view the available homes.

d.    Single-family real estate sales are temporary and infrequent as opposed to sales from commercial businesses. Exempting single-family open house real estate signs will not lead to a proliferation of unsightly signs because they will be used only during very limited times when there is an open house, will be removed at the end of each day of use, and once a home is sold will no longer be used.

e.    Exempting off-site open house real estate signs is necessary to allow homeowners to efficiently advertise and sell their properties as quickly as possible and to assist potential buyers in finding available homes;

O.    Replacing sign copy.

1.    The removing and replacing of only the sign copy without increasing or decreasing the area in conforming signs is allowed.

2.    The sign container, including the structural and electrical connections, shall remain unchanged.

3.    Any change to the sign container shall be reviewed and approved in compliance with this chapter.

4.    This subsection is not intended to allow changeable copy signs;

P.    Residential nameplates.

1.    A nameplate not exceeding two (2) square feet in area and one in number and displaying only (a) the name of the premises upon which it is displayed; and (b) the name of the owner or lessee of the premises; and (c) the address of the premises.

2.    The nameplates shall be affixed flush to the structure in which any home occupation is located and shall not be illuminated;

Q.    Seasonal decorations. Holiday greetings, decorations, and displays (e.g., Christmas, Fourth of July, and Thanksgiving) excluding advertising signs disguised as seasonal decorations;

R.    Signs required by law. Signs displayed by private individuals when required by law or regulations of any governmental agency; and

S.    Window signs. Temporary window signs (non-internally-illuminated) announcing a change in management, individual product and/or price signs, special sales, or similar information and designed to be viewed from adjacent parking lots within a business center, public rights-of-way, sidewalks, or streets. This subsection is not intended to allow additional permanent signs. Window signs are not to exceed twenty-five percent (25%) of the window’s area. Temporary window signs shall have a maximum display time of thirty (30) days. The temporary window sign area shall not exceed the permanent sign area allowed for the elevation (also see Section 9.34.100(E)). (§ 2, Ord. 14-13, eff. October 8, 2014; § 1(2) (Att. A), Ord. 23-05, eff. August 9, 2023)

In addition to any sign not specifically in compliance with this chapter, the following signs shall be prohibited:

A.    Signs having one or a combination of the following characteristics:

1.    Changeable copy signs. Signs designed to have changeable copy as a part or all of their copy, except as specifically provided by this chapter;

2.    Fluorescent colors. Any permanent signs containing florescent colors as all or part of their copy;

3.    Imitative of official signs. Signs (other than when used for traffic direction) which contain or are an imitation of an official traffic sign or signal, or contain the words go, caution, danger, slow, stop, warning, or similar words, or signs which imitate or may be construed as other public notices (e.g., zoning violations, building permits, business licenses, etc.);

4.    Natural despoliation. Signs which are burned, cut, limed, painted, or otherwise marked on a field, rock, tree, or other natural item;

5.    Obscene or offensive to morals. Containing pictures, statements, or words of an indecent, immoral, or obscene character which, taken as a whole, appeal to the prurient interest in sex, and which signs are patently offensive and, when taken as a whole, do not have serious artistic, literary, political, or scientific value;

6.    Privilege signs. Any sign containing the manufacturer’s name and/or emblem which exceeds one-fourth (1/4) of the face of the sign;

7.    Inconsistent signs. Signs which are inconsistent with the intent of this chapter such as placement of signs on tower elements of a building which would conflict with the intent of this chapter to preclude signs on or above the roof or in excess of the height allowed for freestanding signs. Such sign shall not be permitted except by a variance action; and

8.    Human signs. Human signs shall be prohibited. Human signs are defined as persons wearing, carrying and/or moving a sign, or functioning as a sign to attract the attention of motorists or pedestrians to a business, product or event. Human signs include sign spinners and costumed humans. In adopting this prohibition on human signs, the Council finds as follows:

a.    The problems associated with sign spinners and human signs remain the same as identified when the Council first approved a ban on human signs, and include: eliminating unnecessary distractions which may jeopardize pedestrian or vehicular traffic safety, avoiding sidewalk congestion, enhancing the character and natural beauty of the community and its various neighborhoods and districts, protecting commercial districts from sign clutter and visual blight, general aesthetics, and implementation of the community design objectives expressed in the General Plan.

b.    Without a complete ban on sign spinners and human signs, they could proliferate on every street corner and in front of every business. The Council finds that sign spinners and human signs are more distracting and more hazardous to traffic, pedestrians, and the individual sign holders than other forms of advertisement. They are aesthetically displeasing, distracting, and when on or near sidewalks and street corners, interfere with pedestrian crossings and driver sight distances. Further, because of the proximity between sign spinners and drivers of vehicles, sign spinners are at an increased safety risk from distracted drivers as well as drivers who may violate traffic safety rules.

c.    The City has received numerous complaints about sign spinners from citizens in the community about their appearance, distraction, and near miss accidents with them. The City has also received complaints from competing businesses that see illegal sign spinners as having an unfair competitive advantage. For the reasons noted above, allowing sign spinners and human signs would open the door to a proliferation of these types of signs, in violation of community aesthetic goals and substantially increasing the potential for vehicle and pedestrian conflicts and the safety hazards associated with them. Therefore, a complete ban is essential to meet the City’s goals and objectives.

B.    Moving signs having one or a combination of the following characteristics:

1.    Animated signs. Animation (e.g., mechanical movement of parts of the sign, projections on or within the sign, or changes on the shape or content of the sign face), except that this is not intended to exclude “time and temperature” devices approved in compliance with this chapter. This shall include, but is not limited to, blinking, flashing, flickering, moving, moving textual messages, rotating signs, and frames which appear to rotate, except as allowed in this chapter;

2.    Banners. Banners, except as allowed in this chapter;

3.    Flashing signs. Flashing of lights or changing of color intensity, except as allowed in this chapter;

4.    Smoke or sounds. Where there is any production of smoke, sound, or other substances; and

5.    Windblown devices. Windblown and wind-aided devices and inflated signs whose movement is designed to attract attention (e.g., balloons, flags, pennants, or other inflated objects, or reflective attachments to sign faces), except as allowed in this chapter.

C.    Signs which are portable. A-frame and I-frame signs, except as allowed in this chapter.

D.    Obstructive to use or visibility, hazardous locations. No sign shall be erected in any manner which, in whole or in part, would create a hazardous condition to pedestrians or traffic alike, either by obstructing the free use of exits, structure or site, or by creating visual distraction, being color, glare, or sound, or representing a traffic control device, including signs in one of more of the following locations:

1.    Bench signs. Signs located on benches or on other similar structures provided for the use of passengers along the route of a bus shall be prohibited;

2.    In storage. Signs may not be located on a premises so as to be visible from beyond the property line after removal, before erection, or while in storage;

3.    Mansard roof signs. Signs located on the upper one-third (1/3) of a mansard roof shall be prohibited. Signs located on the lower two-thirds (2/3) of a mansard roof shall be counted as wall signs. Mansard roofs shall be designed to provide for sign placement in an architecturally integrated fashion, except as allowed in this chapter;

4.    Miscellaneous temporary signs and posters. The posting, tacking, or otherwise affixing of signs of a miscellaneous character, visible from a public way, located on the walls of structures, barns, or sheds or on fences, poles, posts, trees, or other structures shall be prohibited, unless specifically allowed by this chapter;

5.    Projecting. Signs projecting more than twelve inches (12") from the face of a structure shall not be allowed;

6.    Roof signs, except mansard roof signs. Roof signs, except mansard roof signs, and those allowed by this chapter;

7.    Signs on humans or animals. Signs carried or supported in any form by a human or animal shall be prohibited;

8.    Signs on vehicles. No vehicle may be used as a platform or substitute for a billboard, freestanding sign, or movable sign, whether parked on private property or the public right-of-way. This is specifically intended to include the use of vehicles as a freestanding or off-premises sign;

9.    Stabber signs. Stabber signs may not be installed;

10.    Utility pole or post signs. Signs may not be mounted or affixed onto either a public or private utility pole or post; and

11.    Within public places. Within any public parking lot, public street, right-of-way, or sidewalk, unless they maintain a minimum clearance of fourteen feet (14') above the adjoining grade level and after acquiring an encroachment permit from the Department, except marquee signs as defined by this chapter, unless specifically provided for in this chapter.

E.    Permanent signs that advertise continuous sales. Permanent signs that advertise continuous sales, special prices, etc. shall not be allowed. (§ 2, Ord. 14-13, eff. October 8, 2014; § 1(2) (Att. A), Ord. 23-05, eff. August 9, 2023)

A.    Removal.

1.    Signs advertising an activity, business, product, or service no longer conducted on the premises on which the sign is located, or sign frames, structural members, or supporting poles remaining unused for one hundred eighty (180) days or longer, shall be removed from the site.

2.    Signs will be considered abandoned or dilapidated where the sign or element of it is excessively weathered or structurally unsound or where the copy can no longer be seen or understood by a person with normal eyesight under normal viewing conditions.

B.    Continuation of abandoned signs.

1.    The owner of a sign, the purpose of which has been abandoned, who desires to make subsequent use of the structural portions of the sign in its present location, may, within one hundred eighty (180) days after the abandonment, make an application to the Director for an extension of time.

2.    Where the sign conforms to all other requirements of this chapter, and where the owner submits reasonable evidence to secure use for the sign (a new tenant for the structure or the arrival of a new product line for the existing tenant), the Director may grant extensions of time.

3.    The Director may require the owner, as a condition of approving the extension, to remove some or all of the elements of the sign that allows the remaining sign(s) to be neat and unobtrusive in appearance in harmony with the structure to which it is attached, and that this be done within thirty (30) days after approval of the extension, or the extension shall be deemed invalid.

4.    Signs which are determined by the Director to be structurally unsound and dangerous or hazardous to the public safety or welfare shall be removed immediately upon notification by the Director.

C.    Failure to comply. If the owner or lessee fails to remove the sign, the Director shall give the owner thirty (30) days’ written notice to remove it. Upon failure to comply with the notice, the Director may have the sign removed at the owner’s expense. (§ 2, Ord. 14-13, eff. October 8, 2014)

A.    Approval required. No sign shall be altered, constructed, displayed, or maintained within the City except in compliance with a permit approved in compliance with this chapter, unless the sign is specifically exempted from the permit requirements. Signs may be erected and maintained in the zoning district where applicable structures are allowed with an approved permit.

B.    Compliance with other codes. The erection or placement of all signs shall meet the requirements of the State Public Utilities Commission, the Underwriter’s Laboratory, the Uniform Sign Code as adopted by the City, the regulations of the Department, and all other relevant Federal, State, and local laws and regulations.

C.    Shopping center signs.

1.    The sign program for shopping centers shall be approved with the site plan review in compliance with Chapter 56 of this title.

2.    The design criteria for all signs to be located within a shopping center or a mall-type development shall be approved by the Director, before any individual sign permit application for the development is reviewed by the Building Inspection Division.

3.    The review shall ensure that signs located within a shopping center are harmonious and of compatible design.

4.    Shopping center signs located within the P-C-C (Planned Commercial Center) or the U-C (Urban Center) District shall be reviewed as part of the Zoning Map amendment process, in compliance with Chapter 86 of this title (Amendments).

D.    Lighting for exterior illuminated signs. Lighting for exterior illuminated signs shall not create a hazardous glare for pedestrians or vehicles, either in a public street or on any private premises. Each sign shall be designed so that illumination does not exceed ten (10) candlepower at a distance of ten feet (10'), measured from the base of the sign.

1.    Blinking. Signs shall not have blinking, flashing, or fluttering lights or other illuminating devices that have a changing light brightness, color, or intensity.

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

3.    Energy efficient fixtures. Light sources shall utilize energy efficient fixtures to the greatest extent possible.

4.    Not a hazard. Neither the direct nor reflected light from primary light sources shall create a hazard to operators of motor vehicles.

5.    Reflective bulbs. Reflective-type bulbs and incandescent lamps that exceed fifteen (15) watts shall not be used on the exterior surface of signs so as to expose the face of the bulb or lamp to public rights-of-way or adjacent structures and properties.

6.    Light-emitting diode (LED) signs. LED lighting shall not exceed 10 candlepower at a distance of ten feet (10'), measured from the base of the sign.

7.    Sign separation. Illuminated freestanding signs shall not be placed within fifty feet (50') of an adjacent residential property.

E.    Screening light sources.

1.    Whenever an illuminated advertising device is allowed, every part of its light source shall be concealed from view, and the light shall not travel from the light sources straight to the viewer’s eye, but instead shall be visible only from a reflecting or diffusing surface.

2.    Exemptions from this requirement shall be neon tubing which conforms to subsection D of this section (Lighting for exterior illuminated signs), and is counted in the total permanent sign area.

3.    As used in this subsection, “light source” shall mean a bulb or tube from which light is emitted when the bulb or tube is activated (electronically or otherwise), including incandescent filament bulbs, electric discharge bulbs, and fluorescent tubes.

F.    Measurement of wall sign areas.

1.    Wall signs consisting of one or two (2) lines of copy.

a.    Wall signs consisting of one or two (2) lines of copy painted on or attached to a structure wall where the portion of the wall behind the sign is the same color as the rest of the wall and does not serve as a frame area shall be measured by the smallest regular geometric shape not exceeding eight (8) sides which encompasses the emblem, symbol, or words composing the sign. (See subsection (F)(6) of this section (How to further measure wall sign area).)

b.    Areas between words in a line and between lines shall not be measured as long as they are reasonably spaced. (See subsection (F)(6) of this section (How to further measure wall sign area).)

2.    Other wall signs. Three (3) lines or more of copy or nonlinear arrangement shall be measured as that area which can be enclosed within the smallest regular geometric shape not exceeding eight (8) sides which encompasses the total message, including the open space between cutout figures, letters, objects, panels, or symbols. (See subsection (F)(6) of this section (How to further measure wall sign area).)

3.    Signs which are framed or have distinguishing color background. Signs which are framed or have distinguishing color background shall be measured by taking the entire area of the sign and background, including the framing surface.

4.    Multiple face signs.

a.    The area of all faces shall be added together to determine the total sign area.

b.    However, a double-faced sign may be erected having the allowed sign area on each side of the sign; provided, the maximum dimension between the two (2) faces shall not exceed twenty-four inches (24").

c.    Both faces of a double-faced sign which exceeds twenty-four inches (24") between the two (2) faces shall be counted together to determine the total sign area.

5.    Neon tube lighting (or LED lighting). Illuminated neon tubing or LED rope lighting when outlining portions of structures or windows shall be deemed to have a minimum width of at least six inches (6") in the calculation of sign area. Where an area bordered by lighting is substantially a closed geometric shape, all the area enclosed shall be considered the sign area.

6.    How to further measure wall sign area. The surface area of a sign shall be calculated by enclosing the extreme limits of all emblem, logo, representation, writing, or other display within a single continuous perimeter composed of squares or rectangles with no more than eight (8) lines.

FIGURE 3-11
SIGN AREA MEASUREMENT

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

b.    Vertical plane. Where a sign consists of one or more three-dimensional objects (e.g., balls, clusters of objects, cubes, sculpture or statue-like trademarks), the sign area shall be measured as the total surface area of the object(s).

c.    Time and temperature. For signs that incorporate time and temperature devices, the area devoted to the time and temperature devices shall be included in the total allowable area of the sign.

G.    Measurement of sign height. See Section 9.34.100(B)(3) (Measurement of sign height).

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

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

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

3.    Freestanding signs should contain the street address of the parcel or the range of addresses for a multi-tenant center. The address(es) shall not be included in the total allowable area of the sign. (§ 2, Ord. 14-13, eff. October 8, 2014)

A.    Awning signs.

1.    Building frontages. Signs on awnings shall only be located on building frontages, including those fronting a parking lot or pedestrian way.

2.    Ground level/second story only. Signs on awnings are limited to ground level and second story occupancies only.

3.    Illumination. Awning illumination shall be subject to review and approval in compliance with Chapter 56 of this title (Site Plan Review).

B.    Freestanding signs.

1.    Street frontages only. Freestanding signs are allowed only on frontages adjoining a public street.

2.    Setback. Freestanding signs shall not be located closer than one foot from a property line and shall be subject to review and approval regarding line-of-sight requirements identified in subsection (B)(6) of this section (Not project or obstruct).

3.    Measurement of sign height.

a.    Sign height shall be measured as the vertical distance from the uppermost point used in measuring the area of the sign to the average finish grade immediately below and adjoining the sign or the top of the nearest curb of the public street on which the sign fronts, whichever measurement is the greatest.

b.    The maximum height of the signs shall be in compliance with the various tables provided in this chapter.

4.    Measurement of sign area. See Figure 3-11, Sign Area Measurement.

5.    Separation. There shall be a minimum of fifty feet (50') between two (2) freestanding signs on adjoining sites to ensure adequate visibility for all signs. The Director may modify this requirement in situations where its enactment would be impractical due to the locations of existing signs on adjacent properties.

6.    Not project or obstruct. Signs shall not project over public property, rights-of-way, or vehicular easements. Signs shall not be less than one foot inside the property line and shall not interfere with the safety of vehicular traffic entering into or exiting from the site or with vehicular street traffic or pedestrians. On corner lots it is the intent of this section that signs not be placed at the corner of one street frontage to be viewed from another street frontage. Signs shall not obstruct corner traffic safety sight areas.

7.    Landscaping required. Landscaping shall be provided at the base of the supporting structure equal to twice the area of one face of the sign. For example, thirty (30) square feet of sign area shall require sixty (60) square feet of landscaped area.

8.    Address plate required. Freestanding monument signs shall contain an address plate identifying the project or use by specific street address. The address plate shall not exceed four (4) square feet in area. Numbers shall be a minimum of six inches (6") in height. Address plates shall not be included in the total allowable area of the sign.

9.    Freestanding signs shall architecturally integrate with the related development.

C.    Under canopy signs. Under canopy signs shall be allowed in commercial centers; provided, each shall not exceed six square feet in sign area, nor shall the sign extend lower than seven feet (7') above the area over which it is suspended, and shall be mounted perpendicular to the building face. Only one sign shall be displayed for each frontage with a public entrance.

D.    Wall signs.

1.    Building frontages only. Signs shall be located only on building frontages unless specifically approved by the Director.

2.    Allowed projection. Signs shall not project from the surface upon which they are attached more than required for construction purposes, and in no case more than twelve inches (12").

3.    Height. Signs shall not be placed upon a roof or project above the edge of the roof or parapet of a structure and shall be measured in compliance with subsection (B)(3) of this section (Measurement of sign height).

4.    Not obstruct window. Signs shall not be placed to obstruct any portion of a window.

E.    Window signs.

1.    Ground level/second story only. Signs shall be allowed only on windows located on the ground level and second story of a building frontage.

2.    Painted inside of window. Signs shall be painted or mounted only on the inside of the windows and doors.

3.    Twenty-five percent (25%) maximum. Signs shall not occupy more than twenty-five percent (25%) of the window area of any one window including permanent and temporary signs.

4.    Unobstructed observation. The lowermost portion of the entire window(s) (a minimum of twenty-four inches (24")) shall be clear of any signs in order to allow for unobstructed observation by security personnel (e.g., City police, private security, etc.).

5.    Temporary Signs. Temporary window signs (non-internally-illuminated) announcing special sales, a change in management, individual product and/or price signs, or similar information and designed to be viewed from adjacent streets, sidewalks, public rights-of-way or parking shall cover not more than fifty percent (50%) of any single window, fifty percent (50%) of the entire surface area of a group of windows and shall not be so affixed as to block a clear view of exits or entrances or to create a safety hazard to persons exiting or entering. The total area of the window signs shall not be greater than the permanent on-building sign area allowed for the business/use. (§ 2, Ord. 14-13, eff. October 8, 2014)

A.    Purpose. The Director may grant minor adjustments in order to prevent unnecessary hardships which would result from a strict and literal interpretation and enforcement of certain regulations required by this chapter. A practical difficulty or unnecessary hardship may result from the size, shape, or dimensions of a site or the location of existing structures on the site, from geographic, topographic, or other physical conditions on the site, or in the immediate vicinity, or from street locations or traffic conditions in the immediate vicinity which would affect the placement of signs on the site or structure.

B.    Exception purposes. The Director may grant a minor adjustment if it can be demonstrated that an exception is necessary to facilitate an improved aesthetic relationship between the signs and the structures upon which they are mounted, or to overcome an unusual site condition.

C.    Procedure. All minor adjustments for signs shall be referred to the Director where the applicant desires one or more adjustments from the requirements of this chapter (deviations from those regulations identified in Section 9.34.070 (Prohibited signs) shall only be processed as variance requests); provided, the total amount of adjustments is limited to twenty-five percent (25%) of the allowed sign area. The Director may allow adjustments within the limits listed in this section. Appropriate findings, consistent with this chapter, shall be made a part of the granting of the adjustment.

1.    Transfer and/or increase of sign area.

a.    To overcome a disadvantage because of an exceptional setback between the street and the sign or orientation of the sign location;

b.    To achieve an effect which is essentially architectural, graphic art, or sculptural and which, in the opinion of the Director, enhances the sign and site’s development;

c.    To permit more sign area in a single sign than is allowed, but less than the total allowed for the entire site, where a more orderly and concise pattern of signs will result;

d.    To allow a sign compatible with other conforming signs in the vicinity;

e.    To establish the allowable amount and location of signs when no street frontage exists or when, because of an unusual parcel shape (e.g., a flag lot), the street frontage is excessively narrow in proportion to the average width of the parcel; and

f.    To allow sign area to be transferred to a street building frontage when the main entrance does not face the street.

2.    Alternative sign locations.

a.    On site. To transfer allowed signage from a structure wall to an allowed freestanding sign based upon the finding that the alternative location is necessary to overcome a disadvantage caused by an unfavorable orientation of the front wall to the street or parking lot or an exceptional setback;

b.    Parcels not fronting on any street. Under sign review, approval may be given for the placement of a sign on an access easement to a parcel not having street frontage, at a point where viewable from the adjoining public street; and

c.    Other. Alternative locations may be granted in order to further the intent and purpose of this chapter or where normal placement would conflict with the architectural design of a structure, including transfer of sign area on the same building.

3.    Alternative types of signs. To facilitate compatibility with the architecture of structures on the site and improve the overall appearance of the site.

D.    Fees. A minor adjustment fee, in compliance with the City’s Fee Schedule, shall be collected when the application for a minor adjustment is submitted to the Department.

E.    Notices of minor adjustments. When the Director approves a minor adjustment, the Director shall have the discretion to provide notice (e.g., providing written notice to adjacent properties). If notices are provided by the Director, property owners and business operators existing at the time, located adjacent to the affected property within three hundred feet (300') from the location of the sign, shall be notified of the decision in compliance with Chapter 88 of this title (Public Hearings). The notice shall identify the proposed adjustment and the available appeal process. The decision shall not take effect until the appeal period ends in compliance with Chapter 90 of this title (Appeals).

F.    Appeals. Appeals for minor adjustments shall be processed in compliance with Chapter 90 of this title (Appeals).

G.    Revocation of sign review permit. Following due notice to the applicant, any approved sign review permit may be revoked or modified if the Director determines that the sign or sign program for which the permit was granted:

1.    Advertises the availability or sale of goods, property, or services no longer available; or

2.    Is not constructed, installed, or properly maintained in compliance with the approved sign review permit. To be properly maintained, all signs, together with all anchors, braces, guys, and supports, shall be kept in presentable condition and repair, including periodic repainting and cleaning, as well as the replacement of worn or defective parts. (§ 2, Ord. 14-13, eff. October 8, 2014; § 1(2) (Atts. 1, 2), Ord. 20-18, eff. February 3, 2021; § 1(2) (Att. A), Ord. 23-05, eff. August 9, 2023)

A.    Residential signs. This subsection shall apply to all districts designated by this Development Code as residential.

1.    Maximum allowed size.

a.    For single-family residences only. One wall-mounted sign not exceeding two (2) square feet in area shall be allowed for the identification of a home occupation.

b.    For multiple-family residences/developments only. One monument sign per street frontage not to exceed one square foot per ten feet (10') of lot frontage with a minimum area of twelve (12) square feet and a maximum area of twenty-four (24) square feet shall be allowed. The height of the sign shall not exceed six feet (6').

c.    For planned unit developments. Signs shall be approved in conjunction with the conditional use permit for a residential planned unit development.

2.    Location. Multifamily development signs may be freestanding or wall mounted. When freestanding, the signs shall not be less than one foot inside the property line, nor closer than one hundred feet (100') from another freestanding sign on the same parcel. If building mounted, signs shall be flush mounted on the wall.

3.    Illumination. Nonilluminated signs or external illumination of the sign area only shall be allowed.

4.    Special uses. See Table 3-30 (Special Uses) for those uses (other than residential) allowed in the applicable residential zoning district. (§ 2, Ord. 14-13, eff. October 8, 2014)

A.    Commercial signs. This subsection shall apply to all districts designated as commercial or professional office and shall specifically apply to the following zoning districts: C-1, C-2, C-3, C-P, C-R, U-C, and R-T. In mixed use developments, the predominant use of the site shall be the basis for determining sign area standards.

1.    Residential uses. Signs for residential uses shall be allowed in compliance with Section 9.34.120 (Residential sign standards).

2.    Commercial uses: Freestanding signs.

a.    Size and height. The sign area of each face and the sign height shall not exceed those areas and heights identified in Table 3-14, 3-15, or 3-16, as applicable to the type of sign.

Note:

*    In addition to the freestanding sign allowance, shopping centers with a street frontage of seven hundred (700) lineal feet or greater shall be allowed secondary tenant freestanding identification signs. The number of secondary signs shall not exceed one for each main drive approach for a maximum of two (2) signs. Sign area shall not exceed thirty (30) square feet for each sign, with individual panels of no more than ten (10) square feet. Identification signs shall not exceed a maximum height of ten feet (10'). The signs shall be granted for minor tenants within the center, located more than one hundred fifty feet (150') from the street the business intends to serve.

3.    Commercial developments: On-building “frontage” identification signs.

a.    Area allowed for frontages with public entrances. Each business frontage having a public entrance shall be allowed on-building identification signs with the allowable area computed in compliance with Table 3-17. Only one public entrance shall be utilized for calculating allowable primary sign area.

Note:

*    Major tenants having one hundred thousand (100,000) square feet or more gross leasable area shall be eligible for additional on-building sign area under special approval by the Director. In these cases, the Director may increase the maximum allowable areas for major tenants identified in Table 3-17 from one hundred (100) to two hundred (200) square feet where the building entrance setback is located less than or equal to one hundred fifty (150') feet from the nearest street property line; or from one hundred fifty (150) to three hundred (300) square feet where the building entrance setback is located more than one hundred fifty feet (150') from the nearest street property line; whichever applies. Without further increasing the allowed on-building sign area, the Director may allow major tenants to transfer, in whole or in part, the on-building sign area allowance from a side street frontage without a public entrance to a frontage with a public entrance. The Director may approve an increase in the building sign by transferring up to seventy-five percent (75%) of the allowable freestanding sign area.

b.    Area allowed for street frontages without public entrances. Each business occupying the end of a structure, having a street frontage without a public entrance, shall be allowed one-half (1/2) square foot of sign area for each one foot of leased building frontage. The maximum area shall be limited to twenty-five (25) square feet for buildings up to one hundred thousand (100,000) square feet and fifty (50) square feet for buildings over one hundred thousand (100,000) square feet.

c.    Minimum sign area. Each commercial use which has direct pedestrian access through an exterior building wall which is visible from a public right-of-way shall be allowed twenty-five (25) square feet of building sign area, regardless of structure occupancy frontage. Commercial uses having a sole access from the interior of any structure or from an enclosed court or lobby shall not be allowed the minimum building wall sign area referred to in this subsection.

d.    Privilege signs. Where a number of commodities with different brand names or symbols are sold on the premises, up to one-fourth (1/4) of the area of a business sign, or twenty-five (25) square feet of the sign area, whichever is the lesser, may be devoted to the advertising of one or more of the commodities by brand name or symbol as an accessory function of the business sign; provided, the advertising is integrated with and a part of the remainder of the business sign.

e.    Under canopy signs. Under canopy signs shall be allowed in commercial centers; provided, each shall not exceed six (6) square feet in sign area, nor shall the sign extend lower than seven feet (7') above the area over which it is suspended, and shall be mounted perpendicular to the building face. The signs shall identify only a business name within a business center. Only one sign shall be displayed per frontage with a public entrance.

f.    Transfer of sign area. When approved by the Director, the sign area may be transferred in part or in whole from a frontage with a public entrance to one without a public entrance; provided, the signs on a given frontage do not exceed the allowable area, as computed in compliance with Table 3-17.

g.    Location. The location of the signs shall not be less than one foot inside the property line and shall not interfere with the safety of vehicular traffic entering into or exiting from the commercial development or with vehicular street traffic or pedestrians. On corner parcels, it is the intent of this subsection that signs not be placed at the corner of one street frontage to be viewed from another street frontage. Generally, multiple freestanding signs for independent businesses and commercial developments shall be centered on the street frontage on which they are placed.

h.    Number. Only one freestanding sign shall be allowed for and upon each street frontage. Without increasing the total freestanding sign allowance for corner parcels, the Director may allow the linear footage of two (2) or more connecting street frontages to be combined for corner parcels in order to obtain a greater face area for a freestanding sign along a particular frontage than would otherwise normally be allowed, subject to the following restrictions:

(1)    The height of the freestanding sign does not exceed that normally allowed for the street frontage on which the sign is placed, based on values identified for the linear footage on that street; and

(2)    The combined face area of the freestanding sign does not exceed that normally allowed for the street frontage on which the sign is placed by more than twenty-five percent (25%).

i.    Shopping center: Minor tenant directional signs. In addition to the freestanding sign allowance identified in Table 3-16 (Shopping Center Signs), shopping centers shall be allowed on-site directional signs for minor tenant identification in compliance with the following standards:

1.    The number of directional signs shall not exceed one for each main driveway.

2.    Signs shall not exceed ten (10) square feet of sign area for each sign, with individual panels of no more than three (3) square feet.

3.    Minor tenant directional signs shall have a maximum height of six feet (6') and shall be architecturally integrated with the shopping center site.

4.    Signs shall be located a minimum of forty feet (40') from the nearest street property line, and the location shall be subject to the review and approval of the Director.

5.    It is not the intent of this subsection to create additional signs to be viewed from a public right-of-way.

j.    Shopping center: Tenant identification signs. In addition to the freestanding sign allowance identified in Table 3-16 (Shopping Center Signs), shopping centers with a street frontage of seven hundred (700) lineal feet or greater shall be allowed secondary tenant freestanding identification signs in compliance with the following standards:

1.    The number of secondary signs shall not exceed one for each main drive approach for a maximum of two (2) signs.

2.    Sign area shall not exceed thirty (30) square feet for each sign, with individual panels of no more than ten (10) square feet.

3.    The identification signs shall not exceed a maximum height of ten feet (10').

4.    The identification signs shall be granted for minor tenants within the center, located more than one hundred fifty feet (150') from the street the business intends to serve.

k.    Drive-in and drive-through facility signs. In addition to the sign area allowed under the commercial zoning district regulations, drive-in and drive-through restaurants shall be allowed the following boards/signs in compliance with the following standards:

1.    One menu board, to be located at the ordering device in association with the drive-through window use, for each drive-through lane, not to exceed twenty (20) square feet in area or six feet (6') in height.

2.    Changeable copy is limited to the menu board.

3.    Each drive-through lane shall be allowed a maximum of one preview board in addition to the menu board. The preview board shall be no more than twenty (20) square feet in area and not exceed six feet (6') in height.

4.    The minimum distance from the center of the menu board to the center of any proposed preview board shall be no less than twenty-five feet (25').

5.    All menu boards and preview boards shall utilize low intensity illumination.

6.    All corporate advertising shall be eliminated from the menu and preview boards.

7.    Menu and preview boards shall not be visible from the street. Additional landscape areas or shrub plantings may be required to provide appropriate screening.

8.    Approval of all menu and preview board signs shall be in compliance with Chapter 64 of this title (Conditional Use Permits) and a formal sign permit shall be submitted for review and approval in compliance with Section 9.34.040 (Sign permit review) before installation of any signs at the site.

9.    Any proposed carhop and walk-up menu boards shall not exceed six (6) square feet in area and shall be located in areas approved in compliance with the conditional use permit process.

10.    Directional signs: see Section 9.34.060(F), Directional signs.

l.    Freeway oriented signs. In addition to signs allowed by Section 9.34.120 (Residential sign standards), sites five (5) acres or more in size and located in the C-2 District or an accredited college or university use on sites five (5) acres or more in size and located in the R-T District and directly adjacent to State Route 168 are allowed one on-site freeway freestanding identification sign and on-building freeway identification sign, subject to the following standards:

1.    The maximum height for freeway freestanding identification signs is twenty feet (20'), to be measured from the finish grade of the property (at the base of the sign) to the top of the sign. Allowed sign area shall be calculated per standards outlined in Table 3-30, Special Uses.

2.    The Director may grant a greater height, up to a maximum height of thirty-five feet (35'), through the administrative use permit process, in compliance with Chapter 62 of this title.

3.    A request to exceed the twenty-foot (20') height maximum shall be subject to a flag test to be performed by the applicant, with a member of City staff in attendance.

4.    On-building freeway identification signs are allowed with sign area to be calculated at a ratio of one square foot of sign applicable review authority for each lineal foot of lease space for a major tenant (e.g., seven thousand (7,000) square feet or greater) having freeway frontage with a maximum on-building sign area not to exceed two hundred (200) square feet.

5.    For an accredited college or university located in the R-T District, a video and changeable copy light emitting diode (LED) display is allowable identifying campus activities and events, recruitment, graduation and similar ceremonies, on-site conferences, campus housing and staff and faculty announcements only requiring an administrative use permit. This display shall be of a video or fixed image, conform to light intensity requirements of the Clovis Municipal Code and require review and approval by the State of California Department of Transportation.

The Director may grant a greater height, up to a maximum height of fifty feet (50'), through the administrative use permit process, in compliance with Chapter 62 of this title.

4.    Office uses: Freestanding signs.

a.    Maximum size and height. Professional office developments within the C-P District may use one of two (2) optional freestanding sign programs: a single freestanding sign listing the name and address of the office center or the business in the case of a single business development, or multiple low-profile freestanding signs in the case of multiple tenants. The sign area and the sign height shall not exceed those listed in Table 3-18.

Note:

*    An increase in the height may be granted by the Director where the Director feels a taller sign structure shall enhance the design of the development.

b.    Location. The location of the signs shall not be less than one foot inside the property line and shall not interfere with the safety of vehicular traffic entering into or exiting from a professional office complex or with vehicular street traffic or pedestrians.

c.    Number. The allowable number of freestanding signs shall be as follows:

(1)    Single tenant. The total face area may be utilized in one sign or be divided among two (2) signs per street frontage, with a maximum height of eight feet (8'); provided, a minimum distance of one-half (1/2) of the width of the parcel is maintained between each sign and the street corner of the parcel. This provision shall be for frontages having two hundred one feet (201') or greater of the total street frontage and shall be reviewed and approved by the Director.

(2)    Multiple tenants. When a professional office structure development has more than one tenant, individual low-profile freestanding signs for each multi-tenant building may be allowed in lieu of a single freestanding sign for the site, as allowed by subsection (A)(4)(c)(1) of this section. Developments with multiple buildings shall consolidate these signs as much as possible, limiting the number to no more than one per each two (2) buildings. The low-profile signs shall be uniform in construction (except for copy) and shall not exceed four feet (4') in height, eight feet (8') in length, and two feet (2') in width per business. The total face area shall be limited to two (2) times the face area allowed in Table 3-18. The low-profile signs shall be limited to copy on one side and placed parallel to the street.

d.    Directory signs. For directory signs located within the interior of a professional office complex, there shall be no quantity limits (see Section 9.34.060(F)). For directory signs located at a professional office complex street entrance, only one sign, located at least forty feet (40') from the street entrance property line, shall be allowed when the Director determines the design, location, and shape of the center, or other special circumstances exist and warrant special consideration. All directory signs shall be limited to twelve (12) square feet in area and freestanding directory signs shall have a height limit not to exceed five feet (5').

5.    Office uses: On-building identification signs.

a.    Size. Each business frontage having a public entrance shall be allowed on-structure identification signs having an area of one-half (1/2) square foot per front foot of structure, up to a maximum of fifty (50) square feet of sign area. Structures set back one hundred fifty feet (150') or more from the facing street shall be allowed one square foot of sign area per front foot of structure, up to maximum of seventy-five (75) square feet. Only one public entrance may be utilized for calculating the allowable primary sign area.

b.    Area allowed for street frontages without public entrances. Each business occupying the end of a structure, having a street frontage without the public entrance, shall be allowed one-half (1/2) square foot of sign area for each one foot of leased building frontage. The maximum area shall be limited to twenty-five (25) square feet.

c.    Location. When approved by the Director, the sign area may be transferred from a frontage with a public entrance to one without a public entrance; provided, the ratio of signs per lineal foot is not exceeded on any one elevation.

6.    R-T industrial developments. This subsection shall apply to all R-T industrial developments.

a.    R-T industrial developments: Freestanding monument signs.

(1)    Size and height. The sign area of each face and sign height shall not exceed the areas and heights identified in Table 3-19.

(2)    Location. The location of the signs shall not be less than one foot inside the property line and shall not interfere with the safety of vehicular traffic entering into or exiting from an R-T development or with vehicular traffic or pedestrians.

(3)    Number. The total face area may be utilized in one sign or, where specifically approved by the Director, the sign area may be divided among one sign per street frontage, with a maximum height in compliance with Table 3-19; provided, a minimum distance of one-half (1/2) of the width of the parcel is maintained between each sign and the street frontage of the parcel.

b.    R-T industrial developments: On-building identification signs.

(1)    Size and height. The sign area of each face shall not exceed those areas identified in Table 3-20.

(2)    Number allowed. The sign area of each business frontage may be utilized in one or more signs; provided, the total sign area of all signs on a given frontage does not exceed the maximum allowable area.

7.    R-T commercial developments: Freestanding monument signs. This subsection shall apply to all R-T commercial developments.

a.    Size and height. Commercial developments may use one of two (2) optional freestanding sign programs: a single freestanding sign listing the name and address of the center or the business in the case of a single business development. The sign area and the sign height shall not exceed those identified in Table 3-21.

An increase in the height may be granted by the Director where the Director feels a taller sign structure shall enhance the design of the development.

b.    Location. The location of signs shall not be less than one foot inside the property line and shall not interfere with the safety of vehicular traffic entering into or exiting from a commercial development or with vehicular street traffic or pedestrians.

c.    Number. The allowable number of freestanding signs shall be as follows:

(1)    The total face area may be utilized in one sign or be divided among the street frontage, with a maximum height in compliance with Table 3-21; provided, a minimum distance of one-half (1/2) of the width of the parcel is maintained between each sign and the street corner of the parcel. This provision shall be for frontages having two hundred one feet (201') or greater of the total street frontage and shall be reviewed and approved by the Director.

(2)    When a commercial development has more than one tenant, individual low-profile freestanding signs for each tenant may be allowed in lieu of a single freestanding sign for the site, as allowed by subsection (A)(7)(a) of this section. The low-profile signs shall be uniform in construction (except for copy) and shall not exceed four feet (4') in height, eight feet (8') in length, and two feet (2') in width per business. The total face area shall be limited to two (2) times the face area allowed in Table 3-21. Low-profile signs shall be limited to copy on one side and placed parallel to the street.

d.    Directory signs. For directory signs located within the interior of a commercial development, there shall be no quantity limits. For directory signs located along the exterior street frontages of a commercial development, only one sign shall be allowed for each approach entrance, or as determined by the Director when the design, location, and shape of the center or other special circumstances exist and warrant special consideration.

8.    R-T commercial developments: Freestanding signs. This subsection shall apply to all R-T commercial developments.

a.    Size and height. The sign area of each face and the sign height shall not exceed those areas and heights identified in Table 3-22, 3-23, or 3-24, as applicable to the type of sign.

Note:

*    In addition to the freestanding sign allowance, shopping centers with a street frontage of seven hundred (700) lineal feet or greater shall be allowed secondary tenant freestanding identification signs. The number of secondary signs shall not exceed one for each main drive approach for a maximum of two (2) signs. Sign area shall not exceed thirty (30) square feet for each sign, with individual panels of no more than ten (10) square feet. Identification signs shall not exceed a maximum height of ten feet (10'). The signs shall be granted for minor tenants within the center, located more than one hundred fifty feet (150') from the street the business intends to serve.

b.    Location. The location of the signs shall not be less than one foot inside the property line and shall not interfere with the safety of vehicular traffic entering into or exiting from the commercial development or with vehicular street traffic or pedestrians. On corner parcels it is the intent of this subsection that signs not be placed at the corner of one street frontage to be viewed from another street frontage. Generally, multiple freestanding signs for independent businesses and commercial developments shall be centered on the street frontage on which they are placed.

c.    Number. Only one freestanding sign shall be allowed for and upon each street frontage. Without increasing the total freestanding sign allowance for corner parcels, the Director may allow the linear footage of two (2) or more connecting street frontages to be combined for corner parcels in order to obtain a greater face area for a freestanding sign along a particular frontage than would otherwise normally be allowed, subject to the following restrictions:

(1)    The height of the freestanding sign does not exceed that normally allowed for the street frontage on which the sign is placed, based on values identified for the linear footage on that street; and

(2)    The combined face area of the freestanding sign does not exceed that normally allowed for the street frontage on which the sign is placed by more than twenty-five percent (25%).

9.    R-T commercial developments: On-building “frontage” identification signs. This subsection shall apply to all R-T commercial developments.

a.    Area allowed for frontages with public entrances. Each business frontage having a public entrance shall be allowed on-building identification signs with the allowable area computed in compliance with Table 3-25. Only one public entrance shall be utilized for calculating allowable primary sign area.

Note:

*    Major tenants having one hundred thousand (100,000) square feet or more gross leasable area shall be eligible for additional on-building sign area under special approval by the Director. In these cases, the Director may increase the maximum allowable areas for major tenants identified in Table 3-25 from one hundred (100) to two hundred (200) square feet where the building entrance setback is located less than or equal to one hundred fifty (150) square feet from the nearest street property line; or from one hundred fifty (150) to three hundred (300) square feet where the building entrance setback is located more than one hundred fifty feet (150') from the nearest street property line, whichever applies. Without further increasing the allowed on-building sign area, the Director may allow major tenants to transfer, in whole or in part, the on-building sign area allowance from a side street frontage without a public entrance to a frontage with a public entrance.

b.    Area allowed for street frontages without public entrances. Each business occupying the end of a structure, having a street frontage without a public entrance, shall be allowed one-half (1/2) square foot of sign area for each one foot of leased building frontage. The maximum area shall be limited to twenty-five (25) square feet.

c.    Minimum sign area. Each commercial use which has direct pedestrian access through an exterior building wall which is visible from a public right-of-way shall be allowed twenty-five (25) square feet of building sign area, regardless of structure occupancy frontage. Commercial uses having a sole access from the interior of any structure or from an enclosed court or lobby shall not be allowed the minimum building wall sign area referred to in this subsection.

d.    Privilege signs. Where a number of commodities with different brand names or symbols are sold on the premises, up to one-fourth (1/4) of the area of a business sign, or twenty-five (25) square feet of the sign area, whichever is the lesser, may be devoted to the advertising of one or more of the commodities by brand name or symbol as an accessory function of the business sign; provided, the advertising is integrated with and a part of the remainder of the business sign.

e.    Under canopy signs. Under canopy signs shall be allowed in commercial centers; provided, each shall not exceed six (6) square feet in sign area, nor shall the sign extend lower than seven feet (7') above the area over which it is suspended, and shall be mounted perpendicular to the building face. The signs shall identify only a business name within a business center. Only one sign shall be displayed per frontage with a public entrance.

f.    Transfer of sign area. When approved by the Director, the sign area may be transferred in part or in whole from a frontage with a public entrance to one without a public entrance; provided, the signs on a given frontage do not exceed the allowable area, as computed in compliance with Table 3-25.

10.    Temporary promotional signs.

a.    Holiday promotional signs. Within the eight (8) identified holiday periods identified below, temporary promotional signs, as allowed by this subsection, may be displayed within a commercial, office, or industrial area without a sign permit or prior review and approval by the Director. The allowed holidays and promotional display periods, totaling not more than fifty-seven (57) days, are as follows:

(1)    Valentine’s Day and the preceding six (6) days;

(2)    Easter and the preceding four (4) days;

(3)    Last day of the Clovis Rodeo and the preceding four (4) days;

(4)    Memorial Day and the preceding four (4) days;

(5)    July 4th and the preceding four (4) days;

(6)    Halloween and the preceding four (4) days;

(7)    Thanksgiving and the preceding nine (9) days;

(8)    Christmas/New Year’s (December 16th to December 31st).

b.    Special promotional signs. Special promotional signs may only be displayed in compliance with the following provisions:

(1)    To display special promotional temporary signs, a business shall submit a letter to the Director, indicating the proposed time period and type of display.

(2)    Temporary signs may be used in conjunction with an event or sale, and may be displayed by one of the following methods:

(a)    One such display per calendar year for a maximum single consecutive thirty (30) day period; or

(b)    One such display up to three (3) separate times per calendar year, for a maximum of fourteen (14) consecutive days during each display period, and with a minimum of seven (7) days separating each display period.

The method selected must be chosen by the business with the first display period for the year and contained in the letter to the Director. A failure to use all of the allowable time during a permissible display period may not be carried over to another display period, except that if during the first display period fourteen (14) days or less are used, the business may convert an initial election from thirty (30) consecutive days to up to three (3) fourteen (14) day periods. The business owner shall notify the Director of any change.

(3)    A promotional display shall not list individual product prices and shall require written notification to the Director.

(4)    Special promotional periods may be used in place of a holiday promotional period (identified in subsection (A)(10)(a) of this section), as long as they do not extend the maximum time periods.

(5)    A promotional display may not be used within a residential district.

11.    Grand opening signs. A-frame signs, I-frame signs, and portable changeable copy signs shall be limited to only one grand opening and a maximum display time of thirty (30) days per business, with written notification of their display given to the Director.

B.    Industrial signs.

1.    Application. This section shall apply to all districts designated by this Development Code as industrial. This section shall specifically apply to the following zoning districts: CM, M-P, M-1, and M-2. (See subsections (A)(6), (7), (8), and (9) of this section for the R-T Business Park sign standards.)

2.    Industrial uses: Freestanding signs.

a.    Size and height. The sign area of each face and sign height shall not exceed the areas and height identified in Table 3-26.

b.    Location. The location of signs shall not be less than one foot inside the property line and shall not interfere with the safety of vehicular traffic entering into or exiting from an industrial business center or with vehicular traffic or pedestrians.

c.    Number allowed. The total face area may be utilized in one sign for each street frontage.

3.    Industrial uses: On-building identification signs. Each industrial business frontage shall be allowed one square foot of sign area for each linear foot of structure frontage up to a maximum of three hundred (300) square feet.

a.    Area allowed for street frontages without public entrances. Each business occupying the end of a structure, having a street frontage without a public entrance, shall be allowed one-half (1/2) square foot of sign area for each one foot of leased building frontage. The maximum area shall be limited to twenty-five (25) square feet. (§ 2, Ord. 14-13, eff. October 8, 2014; § 1 (Att. 1), Ord. 18-11, eff. June 20, 2018: § 2 (Att. A), Ord. 20-07, eff. May 6, 2020; § 1(2) (Att. A), Ord. 23-05, eff. August 9, 2023)

A.    Special uses. Certain uses, because of their special sign needs or their allowance in residential as well as commercial or industrial districts, have been specifically listed in this section.

1.    Additional special uses. Additional sign standards allowed for specified special uses are identified in Table 3-27 (Special Use Commercial Sign Standards) and Table 3-30 (Special Uses).

B.    Design district sign regulations.

1.    Where design districts are established in the City in order to establish special sign regulations for a designated area, the provisions of the design district shall apply where there is a conflict with this chapter.

2.    The design district for the downtown shall be described as follows: the Southern Pacific Railroad right-of-way on the east, Eighth Street on the south, the alley between Pollasky and Woodworth Avenues on the west, and Second Street on the north. (§ 2, Ord. 14-13, eff. October 8, 2014)

A.    Illegal signs.

1.    Every sign in existence on September 5, 1984, and which was prohibited or illegal at the time of installation, and which does not conform to the provisions of this chapter, shall be an illegal sign and shall be removed immediately upon notification of illegality.

2.    All signs which were legal, nonconforming under the September 5, 1984, City of Clovis sign ordinance have exceeded the amortization periods set under that ordinance and are now illegal and shall be removed upon notification of illegality.

3.    Failure to remove an illegal sign shall be a violation of this chapter.

4.    Signs which are not constructed, maintained, or displayed in compliance with this chapter, and which are not legal, and which are nonconforming shall be illegal.

5.    Signs in the public right-of-way or on public property without approval shall be illegal and subject to immediate removal.

B.    Nonconforming signs.

1.    Every sign in existence on the effective date of the ordinance codified in this chapter which was lawful and of pre-existing standards, and which does not conform to the provisions of this chapter, shall be a legal, nonconforming sign. These signs shall be subject to removal under Table 3-29, Amortization. The period for removal is determined by taking the number of years the sign has been in existence to find the depreciation formula in Table 3-28. This figure is a percentage of the original cost based upon its period of existence. This depreciation value is then used in Table 3-29 to calculate the period for the removal.

2.    Any sign conforming to County laws at the time the property upon which it is located is annexed to the City of Clovis and which is made nonconforming or illegal under the provisions of this chapter shall be removed or brought into conformance within five (5) years after the date it became nonconforming. Any sign which has been declared nonconforming under County laws prior to annexation to the city shall be removed or brought into conformance with this chapter within the time period provided for under the County’s law; provided, that the time period is less than five (5) years.

3.    In the event the nonconforming sign is abandoned or discontinued, the sign shall be required to be brought into compliance with this chapter.

4.    For the purposes of this section, a change of copy or sign face shall not be deemed a discontinuance of use.

5.    For the purposes of this section, any structural alteration to any part of the sign shall be deemed a discontinuance of use.

6.    Notwithstanding the amortization schedule below, a nonconforming sign shall be made to comply immediately with the provisions of this chapter if:

a.    The owner, outside of a change of copy, requests permission to remodel and remodels a nonconforming sign display, or expands, alters, or enlarges the structure or land use upon which the advertising display is located, and the display is affected by the construction, enlargement, or remodeling, or the cost of construction, enlargement, or remodeling of the advertising display exceeds fifty percent (50%) of the cost of reconstruction of the structure;

b.    The owner relocates a sign;

c.    There is an agreement between the owner and the City for the removal of a sign on a given date;

d.    The sign display is temporary, as determined by the Director;

e.    The sign display is or may become a danger to the public or is unsafe; or

f.    The sign display constitutes a traffic hazard not created by the relocation of streets or highways or by acts of the City or County.

(§ 2, Ord. 14-13, eff. October 8, 2014)

A.    On-site temporary signs. On-site temporary signs are allowed in compliance with the following standards:

1.    Total sign area shall be limited to one hundred twenty-eight (128) square feet in one principal subdivision sign and up to sixty (60) square feet for each additional sign located at each street entrance to or within the subdivision, not to exceed a total of five (5) signs for the entire subdivision. All phases of a single tentative map by a single subdivider shall be considered as a single subdivision.

2.    Model home signs shall be limited to one sign for each model home, with a maximum of sixteen (16) square feet in total sign area per sign.

3.    For a single ten (10) day grand opening period, banners, flags, and additional temporary signs shall be allowed on site as long as they do not create a traffic safety hazard. A written letter shall be submitted to the Department notifying the City of the grand opening event.

4.    With a performance deposit set by resolution of the Council, flagpoles, flags, and banners may be allowed subject to the following standards:

a.    Flags and poles shall be immediately removed when the flags are no longer displayed.

b.    Flags/banners shall be removed or replaced when faded or tattered.

c.    Flagpole heights shall not exceed thirty feet (30').

d.    Flags shall not exceed fifteen (15) square feet in area.

e.    The number of flags/poles shall not exceed twenty-four (24) plus one for each model home. As approved in the subdivision master sign program, the flagpoles may be grouped.

f.    Flagpoles shall not be located within the public rights-of-way.

g.    Up to three (3) temporary banners may be displayed not to exceed four feet (4') by twenty feet (20') in size.

5.    Failure to comply with these standards shall cause the forfeiture of the performance deposit.

B.    Off-site temporary signs. Off-site temporary signs are allowed in compliance with the following standards:

1.    Signs shall be immediately removed when the subdivision is no longer being actively marketed.

2.    Signs shall be removed or replaced when damaged or in disrepair.

3.    Signs shall identify and market specific individual subdivision projects.

4.    Signs shall be located within a five (5) mile radius from the project they are approved to market.

5.    Signs shall not be located in the public rights-of-way or public easements, except for directional kiosks as authorized by this Development Code.

6.    Signs shall not exceed fifty (50) square feet in sign area; framing and other architectural elements surrounding the sign shall not be counted towards sign area if not specifically depicting advertising, direction and/or as determined by the Director to be noncommercial in nature.

7.    Not more than two (2) off-site signs shall be allowed in any geographical direction (north, south, east, and west) with up to eight (8) signs permitted for the entire development.

8.    Signs shall not be located closer than one hundred (100) yards from any directional kiosk, as authorized by this Development Code.

9.    Signs advertising residential developments outside of the City limits shall be prohibited. This section is not intended to prohibit signs for developments that are in the process of annexation.

10.    In allowing temporary off-site residential subdivision signs, the Council finds as follows:

a.    The City has a compelling interest in allowing off-site temporary signs for single-family residential subdivisions, subject to a comprehensive subdivision signage plan and permitting process, while not allowing similar opportunities for multifamily housing or other businesses.

b.    Special signage is needed by single-family developers to a greater degree than other businesses because development project sales are ordinarily conducted for a relatively limited period of time for any particular location, that is, only until all units in the subdivision are sold.

c.    The residential real estate industry is distinct from other industries in that there are generally no storefronts available for advertising and most new subdivisions by their very nature are located in areas where streets and highways are newly constructed. Such thoroughfares are seldom shown on maps available to persons seeking to purchase new homes. This makes off-site signs that advertise available homes necessary for potential buyers to find them. Businesses in established commercial centers or with more permanent sales locations do not share these problems and, thus, have less need for off-site signage. Similarly, commercial subdivisions are generally located in established areas of the City and have established methods of marketing their product through a network of commercial brokers.

d.    Subdivision signs are temporary and infrequent as opposed to sales from commercial businesses. Allowing off-site temporary signs for single-family residential subdivisions, subject to the limitations set forth herein and subject to a comprehensive subdivision signage plan and permitting process, will not lead to a proliferation of unsightly signs as would occur if the same opportunities were allowed for other commercial businesses.

e.    By requiring approval of a comprehensive subdivision signage plan and permitting process, the City will ensure that temporary off-site subdivision signs have minimal aesthetic impact.

C.    Subdivision signage plan and permits. Prior to the placement of any temporary subdivision signs, a complete subdivision signage program shall be submitted to the Director for review and approval. Approval shall be for a one-year period. For each additional year the subdivision is actively being marketed, an annual permit shall be filed. A performance deposit set by resolution of the City Council shall be required to ensure the timely removal of signs. All subdivision signs shall also be subject to any building code and building permit requirements.

D.    Subdivision directional signs. Subdivision directional signs are allowed in compliance with the following standards:

1.    Council findings.

a.    The Council finds that there is an unsightly and confusing proliferation of off-site directional signs, relating to the new residential development projects, including new rental projects, and other business.

b.    Development projects by their very nature are most frequently located in areas where streets and highways are newly constructed.

c.    These thoroughfares are seldom shown on maps available to persons seeking to purchase new homes; consequently, developers use signs to aid persons in locating their subdivisions.

d.    The result is a proliferation of signs which are: (1) unsightly and damaging to the appearance of areas subject to this subsection; (2) confusing to individuals; and (3) potentially unsafe in that drivers of motor vehicles, while searching for subdivisions or signs providing direction, are distracted from the operation of their vehicles.

e.    Directional signs are required by developers to a greater degree than other businesses because development project sales are ordinarily conducted for a relatively limited period of time for any particular location, that is, only until all units in the subdivision are sold.

f.    Listings in the conventional media, including the telephone yellow pages, are impractical.

g.    While other media, including broadcast media, websites, and newspapers are available, and maps could be disseminated in only some of the media, the most efficient method of directing prospective purchasers to development projects is the use of directional signs posted at intersections and other strategic locations.

h.    Businesses with more permanent sales locations do not share these problems and, thus, have less need of directional signs.

2.    Purpose. The purpose of this subsection is to provide a uniform, coordinated method of offering developers a means of providing directional signs to their projects, while minimizing confusion among prospective purchasers who wish to inspect development projects, while promoting traffic safety and reducing the visual blight of the present proliferation of directional signs.

3.    Authority. This subsection is in compliance with State law (State Planning and Zoning Law; Business and Professions Code, Section 5230; and Streets and Highways Code, Section 1460).

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

Developer. An association, corporation, district, estate, firm, individual, joint venture, partnership, syndicate, trust, or political subdivision that offers for sale a residential development of at least five (5) dwellings, including condominiums, planned unit developments, and single-family dwellings.

Directional sign. Any on- or off-site freestanding, nonflashing sign which is designed, erected, and maintained to serve as a public convenience in directing pedestrian and vehicular traffic, but not used for the purpose of advertising uses and activities on site.

Kiosk. A freestanding and multiple sided structure whose main purpose is to display signs or information.

Licensee. A corporation, firm, or person(s) authorized by a license agreement to design, erect, and maintain directional and kiosk signs within the City.

Off-site sign. Any sign which is not located on the business or activity site it identifies.

Person. An association, corporation, district, estate, firm, individual, joint venture, partnership, syndicate, trust, or political subdivision, or any other group acting as an independent unit.

5.    Direction signs prohibited. Directional and kiosk signs, including travel directional signs, other than those on site, are prohibited except as provided in this subsection.

6.    Authority to grant license. The Council may, by duly executed license agreement, grant to a qualified person the exclusive right to design, erect, and maintain directional and kiosk signs within all or part of the City.

7.    License required. No person shall erect or maintain any directional sign or kiosk sign within the City without first obtaining a license issued by the Department. Licenses may be issued to locate a single directional sign in the public right-of-way at locations approved by the Director. Licensees shall be selected by soliciting requests for proposals.

8.    Term. The term of each license shall be defined in the license agreement.

9.    Location of directional signs and kiosk structures. Directional signs and kiosk structures:

a.    Shall not obstruct the use of bike or multi-use trails, sidewalks, traffic control signs, or walkways;

b.    Shall not obstruct the visibility of vehicles, pedestrians, or traffic control signs;

c.    Shall, where feasible, be combined with advance street sign names; and

d.    Shall not be installed in the immediate vicinity of street intersections.

10.    Requirements for directional signs and kiosk structures. The requirements for directional signs and kiosk structures shall include all of the following:

a.    Sign structures shall be wood type with individual sign panels of uniform design and color throughout the City limits.

b.    Sign structures shall not exceed twelve feet (12') in height.

c.    The width of individual sign structures and sign panels shall not exceed five feet (5').

d.    Sign panels shall not be illuminated.

e.    Sign structure installation shall include the Caltrans standard of “breakaway” design features where required in right-of-way areas.

f.    The lettering for each tract identification shall be uniform and shall be reviewed and approved by the Director.

g.    Licensees shall maintain all signs in a neat, clean, and orderly manner.

h.    Licensees shall accept liability for all signs and shall provide insurance naming the City as additionally insured in a form and with a company acceptable to the City Attorney.

i.    All violations of the license agreement are to be corrected within forty-eight (48) hours (two (2) days).

j.    All signs erected on private property shall have written consent from the property owner with the City to have a right to enter property to remove any signs not in compliance. The consent shall be filed with the Director before issuance of a sign permit.

k.    The City, and its officers and employees, shall be held free and harmless of all costs, claims, and damages levied against them.

l.    No attachments, devices, display boards, flags, pennants, signs, streamers, tags, or other appurtenances or devices shall be attached to any directional sign.

m.    All signs shall have applicable Building Division permits.

n.    Placement of signs shall be in compliance with City permit specifications.

o.    All signs within the public rights-of-way shall have an encroachment permit.

p.    All nonconforming subdivision or apartment complex directional signs associated with the project in question shall be removed before the issuance of a new sign permit.

q.    For housing projects within a recorded tract, signs on approved sign structures shall be allowed for a maximum period of time concurrent with the approved time limit of the structure location or until the associated subdivision is sold out, whichever first occurs.

r.    The placement of each sign structure shall be reviewed and approved by the Director.

s.    A sign location plan shall be prepared showing the site of each directional sign and shall be submitted to the Department before the issuance of a sign permit.

t.    Any sign approved for a particular subdivision or apartment complex within the City shall not be changed to advertise another subdivision or apartment complex without prior approval of the Director.

11.    Directional signs structures and operation.

a.    Licensees shall make directional sign panels available to all persons or entities selling subdivisions (hereinafter referred to as “subdividers”) on a first-come, first-service basis.

b.    Licensees shall maintain a separate waiting list for each sign structure.

c.    A subdivider may apply to a licensee for a sign panel program consisting of a single sign panel on each of a series of sign structures as needed to guide prospective purchasers to the subdivision.

Note:    Vehicle sales, including recreational (new only with incidental used automobile sales), mobile homes, and boats, shall be handled under the general provisions for commercial signs. See Section 9.34.130(A).

(§ 2, Ord. 14-13, eff. October 8, 2014)