Elk Grove City Zoning Code

Setback Measurement. Minimum setback distances for accessory structures from property lines and between accessory structures shall be measured to any portions of the structure(s), inclusive of any overhangs, projections, and railings, etc.

Construction Phasing. Accessory structures may be constructed only in conjunction with or after construction of the primary building(s) on the site. However, in agricultural and agricultural residential zoning districts, accessory structures may be constructed prior to the primary residential dwelling.

Maximum Lot Coverage. The total area of all structure(s), inclusive of both the primary and any accessory structures, on a lot shall not exceed the maximum lot coverage for structures as provided in Table 23.29-1.

Separation Between Structures. All accessory structures shall maintain the minimum distance between other buildings as required under EGMC Chapter 16.04 (California Building Code).

Height. The maximum height for all accessory structures on agricultural or agricultural residential property is forty (40' 0") feet. See additional development standards in Table 23.29-1 (Development Standards for Base Zoning Districts).

Setbacks. Enclosed and solid-roofed accessory structures shall be set back from all interior property lines not less than the height of the structure.

Accessory buildings shall be finished with materials and colors that complement the primary structure(s) on the site.

Walls longer than fifteen (15' 0") feet shall include doors, windows, or other architectural features to break up the massing of the wall.

Chimneys, television antennas, and roof-mounted solar collectors not exceeding a dimension of six (6' 0") feet at their base may exceed the height limits of the applicable zoning district by a maximum of five (5' 0") feet.

Steeples, carillon towers, and similar architectural elements may be erected to a maximum height of seventy-five (75' 0") feet from the ground, provided said structures are set back from all property lines a distance equal to the height of the structure.

Up to twenty (20' 0") feet, if located at a street intersection;

Up to twelve (12' 0") feet, if located midblock. These features shall not exceed a width of twenty-five (25' 0") feet or one-third (1/3) of the length of the building facade, whichever is less. Signs shall not be included within the additional height allowed.

Upon request by the applicant, the City shall not require that a housing development meeting the requirements of EGMC Section 23.50.020 (Eligibility for density bonus and incentives and concessions) provide a vehicular parking ratio, inclusive of parking for persons with a disability and guests that exceeds the following:

If the total of parking spaces required for a housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subsection, a development may provide “on-site parking” through tandem parking or uncovered parking, but not through on-street parking.

Notwithstanding subsection (D)(1) of this section, if a development includes at least twenty (20%) percent low income units for housing developments described in EGMC Section 23.50.020(A) and at least eleven (11%) percent very low income units for housing developments described in EGMC Section 23.50.020(B), or is a development that includes at least forty (40%) percent moderate-income units for housing developments meeting the criteria of EGMC Section 23.50.020(D), and is located within one-half (1/2) mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code, and there is unobstructed access to the major transit stop from the development, then, upon the request of the developer, the City shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds one-half (1/2) space per bedroom. For purposes of this subsection, “unobstructed access to a major transit stop” means a resident is able to access the major transit stop without encountering natural or constructed impediments. For purposes of this subsection, “natural or constructed impediments” includes, but is not limited to, freeways, rivers, mountains, and bodies of water, but does not include residential structures, shopping centers, parking lots, or rails used for transit.

Notwithstanding subsection (D)(1) of this section, if a 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, then, upon the request of the developer, the City shall not impose vehicular parking standards if the development meets either of the following criteria:

Notwithstanding subsections (D)(1) and (D)(6) of this section, if a 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, and the development is either a special needs housing development, as defined in Section 51312 of the Health and Safety Code, or a supportive housing development, as defined in Section 50675.14 of the Health and Safety Code, then, upon the request of the developer, the City shall not impose any minimum vehicular parking requirement. A development that is a special needs housing development shall have 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.

Notwithstanding subsections (D)(3) and (D)(4) of this section, if the City or an independent consultant has conducted an areawide or jurisdiction-wide parking study in the last seven (7) years, then the City may impose a higher vehicular parking ratio not to exceed the ratio described in subsection (D)(1) of this section, based upon substantial evidence found in the parking study, that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low income and very low income individuals, including seniors and special needs individuals. The City shall pay the costs of any new study. The City shall make findings, based on a parking study completed in conformity with this subsection, supporting the need for the higher parking ratio.

A request pursuant to this subsection shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to this subsection (D).

The waiver or reduction would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon health and safety or the physical environment and for which the City determines 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;

This would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or

The waiver or reduction would be contrary to State or Federal law.

Prior to the award of a density bonus and any related incentives or concessions, the applicant shall enter into an agreement with the City to ensure the continued affordability of all target units.

For all target units, the agreement shall specify the household income classification, number, location, size, and construction scheduling and shall require target units in a project and phases of a project to be constructed concurrently with the construction of nontarget units. The agreement shall include such other provisions as necessary to establish compliance with the requirements of this chapter.

For developments providing ten (10%) percent lower income target units, the City shall provide a twenty (20%) percent increase above the otherwise maximum allowable residential density as of the date of application, plus a one and one-half (1.5%) percent supplemental increase over that base for every one (1%) percent increase in low income target units above ten (10%) percent, up to a thirty-five (35%) percent bonus at twenty (20%) percent low income target units, after which an additional three and three-quarters (3.75%) percent bonus shall be provided for each one (1%) percent increase. The maximum density bonus allowed including supplemental increases is fifty (50%) percent.

For developments providing five (5%) percent very low income target units, the City shall provide a twenty (20%) percent increase above the otherwise maximum allowable residential density as of the date of application, plus a two and one-half (2.5%) percent supplemental increase over that base for every one (1%) percent increase in very low income target units above five (5%) percent, up to a thirty-five (35%) percent bonus at eleven (11%) percent very low income target units, after which an additional three and three-quarters (3.75%) percent bonus shall be provided for each one (1%) percent increase. The maximum density bonus allowed including supplemental increases is fifty (50%) percent.

For senior citizen housing developments, a flat twenty (20%) percent of the number of senior units.

For common interest developments providing ten (10%) percent moderate income target units, the City shall provide a five (5%) percent increase above the otherwise maximum allowable residential density as of the date of application, plus a one (1%) percent increase in moderate income units above ten (10%) percent, up to a thirty-five (35%) percent bonus at forty (40%) percent moderate income target units, after which an additional three and three-quarters (3.75%) percent bonus shall be provided for each one (1%) percent increase. The maximum density bonus allowed including supplemental increases is fifty (50%) percent.

For developments providing ten (10%) percent of the total units for transitional foster youth, disabled veterans, or homeless persons, a flat twenty (20%) percent of the number of the type of units giving rise to a density bonus.

For developments providing twenty (20%) percent of the total units for lower income students in a student housing development the density bonus shall be calculated as follows:

For developments providing one hundred (100%) percent of the units for lower income households as provided in EGMC Section 23.50.020(G), a flat eighty (80%) percent of the number of units for lower income households; except that if the development is located within one-half (1/2) mile of a major transit stop, as defined in Section 21155(b) of the Public Resources Code, or is located in a very low vehicle travel area, as defined in Section 65915(o)(10) of the California Government Code, there shall be no maximum density and the minimum allowed building height shall be three (3) stories or thirty-three feet (33' 0").

The City shall grant an additional density bonus for projects, provided that the resulting housing development would not restrict more than fifty (50%) percent of the total units to moderate-income, lower income, or very low income households, when the applicant proposes to construct a housing development that conforms to the requirements of subsection (A) of this section, agrees to include additional rental or for-sale units affordable to very low income households or moderate income households, and that meet any of the following requirements:

The additional density bonus allowed under this section shall be calculated as follows:

One (1) incentive or concession for projects that include at least ten (10%) percent of the total units for lower income households, at least five (5%) percent for very low income households, or at least ten (10%) percent for persons and families of moderate income in a development in which the units are for sale.

Two (2) incentives or concessions for projects that include at least seventeen (17%) percent of the total units for lower income households, at least ten (10%) percent for very low income households, or at least twenty (20%) percent for persons and families of moderate income in a development in which the units are for sale.

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

Four (4) incentives or concessions for projects meeting the criteria of EGMC Section 23.50.020(G). If the project is located within one-half (1/2) mile of a major transit stop, as defined in Section 21155(b) of the Public Resources Code, or is located in a very low vehicle travel area, as defined in Section 65915(o)(10) of the California Government Code, the applicant shall also receive a height increase of up to three (3) additional stories, or thirty-three (33' 0") feet.

One (1) incentive or concession for a project that includes at least twenty (20%) percent of the total units for lower income students in a student housing development. If a project includes at least twenty-three (23%) percent of the total units for lower income students in a student housing project, the applicant shall instead receive two (2) incentives or concessions.

Four (4) incentives or concessions for projects that include at least sixteen (16%) percent of the units for very low income households or at least forty-five (45%) percent for persons and families of moderate income in a development in which the units are for sale.

A reduction in the site development standards or a modification of the requirements of this title that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code, including but not limited to a reduction in setback and square footage requirements and in the ratio of vehicle parking spaces that would otherwise be required and that results in identifiable, financially sufficient, and actual cost reductions.

Approval of mixed-use zoning in conjunction with the housing development if the nonresidential land uses will reduce the cost of the housing development and the nonresidential land uses are compatible with the housing development and existing or planned development in the area in which the housing development will be located.

Other regulatory incentives or concessions proposed by the applicant or the City that result in identifiable and actual cost reductions to provide for affordable housing costs as defined in Section 50052.5 of the California Health and Safety Code, or for rents for the targeted units to be set as specified in Section 65915(c) of the California Government Code.

Priority processing of a housing development that qualifies for a density bonus based on income-restricted units.

When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the City (other than that land typically dedicated as part of a subdivision, such as roadways/rights-of-way, parks, utility sites and easements, landscape corridors, and similar land) and agrees to include a minimum of ten (10%) percent of the total units before the density bonus for very low income households, the applicant shall be entitled to a fifteen (15%) percent increase above the otherwise maximum allowable residential density, plus a one (1%) percent supplemental increase for each additional percentage of very low income units to a maximum density bonus of thirty-five (35%) percent for the entire development.

The density bonus provided in this subsection shall be in addition to any other density bonus provided by this chapter up to a maximum combined density bonus of thirty-five (35%) percent.

The applicant shall be eligible for the increased density bonus described in this subsection if all of the following conditions are met:

Nothing in this subsection shall be construed to enlarge or diminish the authority of the City to require a developer to donate land as a condition of development.

Housing developments meeting the requirements of EGMC Section 23.50.020 (Eligibility for density bonus and incentives and concessions) and including a child care facility that will be located on the premises of, as part of, or adjacent to the housing development shall receive either of the following:

The City shall require the following as conditions of approving the housing development:

Notwithstanding any other requirements of this section, the City shall not be required to provide a density bonus or incentive or concession for a child care facility if it makes a written finding, based upon substantial evidence, that the community has adequate child care facilities.

When an applicant for approval to convert apartments to a condominium project agrees to the following, the City shall grant either a density bonus of twenty-five (25%) percent over the number of apartments, to be provided within the existing structure or structures proposed for conversion, or provide other incentives of equivalent financial value. In either case, the applicant shall agree to pay for the reasonably necessary administrative costs incurred by the City.

An applicant for approval to convert apartments to a condominium project may submit to the City a preliminary proposal pursuant to this subsection prior to the submittal of any formal requests for subdivision map approvals. The City shall, within ninety (90) days of receipt of a written proposal, notify the applicant in writing of the manner in which it will comply with this subsection.

For purposes of this subsection, “other incentives of equivalent financial value” shall not be construed to require the City to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the City might otherwise apply as conditions of conversion approval.

Nothing in this subsection shall be construed to require the City to approve a proposal to convert apartments to condominiums.

An applicant shall be ineligible for a density bonus or other incentives under this subsection if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentive was previously provided.

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

The rent for the remaining units in the development shall be set at an amount consistent with the maximum rent levels for lower income households, as those rents and incomes are determined by the California Tax Credit Allocation Committee.

Requirements. An applicant shall agree and ensure that, for a qualified for-sale unit, the purchaser of the unit shall meet either of the following conditions:

An equity sharing agreement shall be required pursuant to subsections (B)(1)(b)(i) and (B)(1)(b)(ii) of this section unless it conflicts with the requirements of another public funding source or law or may defer to the recapture provisions of the public funding source. The following shall apply to the equity sharing agreement:

The amount of the density bonus, calculated pursuant to EGMC Section 23.50.040 for which the proposed project is eligible;

If the applicant requests a parking ratio pursuant to EGMC Section 23.50.030, the parking ratio for which the proposed project is eligible; and

If the applicant requests incentives or concessions pursuant to EGMC Section 23.50.040 or waivers or reductions of development standards pursuant to EGMC Section 23.50.040, whether the applicant has provided adequate information for the City to make a determination as to those incentives, concessions, or waivers or reductions of development standards.

The concession or incentive is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c).

The concession or incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or on any real property that is 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.

The concession or incentive would be contrary to State or Federal law.

Review and approval of applications for the proposed development;

Project marketing and lease-up; and

Long-term compliance of the applicant and successors-in-interest to the applicant, with respect to the affordable housing units.

Within any required yard area the fence may be constructed to a maximum height of six (6' 0") feet.

Outside of the required yard area the fence may be constructed to a maximum height of ten (10' 0") feet; provided, that the fence is set back from interior property lines a distance equal to or greater than the height of the fence.

Timing of Construction. As provided in EGMC Section 23.52.030, retaining walls shall only be constructed as part of an approved grading plan for the site at the time of initial development of the residential subdivision, multifamily development, or nonresidential development, as part of a roadway improvement project, or as part of the necessary stabilization of the soil for the primary intended use of the property as determined by the City Engineer.

Height Limit. There shall be no height limits for retaining walls when constructed along the exterior property lines of the project or the final interior property lines in the case of a residential subdivision. Otherwise, a retaining wall over four (4' 0") feet in height shall be benched so that no individual wall exceeds a height of six (6' 0") feet, with the depth of each bench a minimum of three (3' 0") feet.

Fences and gates approved for screening purposes in residential and agricultural-residential districts shall be solid wood, solid vinyl, masonry, tubular steel, or wrought iron. Agricultural-residential districts may utilize chain-link outside of the required yards, including for fencing approved for screening purposes. No chain-link fencing is allowed within required yards.

Fences and gates approved for screening purposes in industrial or commercial districts shall be metal, tubular steel, masonry, or wrought iron. Industrial districts may utilize chain-link within the interior side yard and the rear yard, excluding the front and street side yards, only when adjacent to other industrial zones or uses, including for fencing approved for screening purposes. Chain-link fencing may be used in areas located outside of any required yard, including for fencing approved for screening purposes.

Barbed wire fencing shall not be constructed or placed on top of a fence except in agricultural, open space, or industrial areas. Minor design review is required for barbed wire fencing abutting residential or commercial areas.

Alternative materials may be approved by the Community Development Director, Zoning Administrator, or Planning Commission as part of a discretionary entitlement approval.

Setbacks. All setback areas required by this title shall be landscaped in compliance with this chapter, except where a required setback is occupied by a sidewalk or driveway, or is enclosed and screened from abutting public rights-of-way. Required minimum landscape areas are listed in Table 23.54-1.

Unused Areas. All areas of a multifamily or nonresidential project site not intended for a specific use (including areas planned for future phases of a phased development), shall be landscaped with existing natural vegetation, wildflowers, native grasses, or similar.

Parking Areas. Within parking lots, landscaping shall be used for shade and climate control, to enhance project design, and to screen the visual impact of vehicles and large expanses of pavement consistent with the provisions of this chapter.

Landscape Design. Landscaping shall be designed as an integral part of the overall site plan with the purpose of enhancing building design, public views and spaces, and providing buffers, transitions, and screening.

Plant Type. Landscape planting shall include drought-tolerant, ornamental, and native species (especially along natural corridors), shall complement the architectural design of structures on the site, and shall be suitable for the soil and climatic conditions specific to the site.

Planting Size, Spacing, and Planter Widths. In order to achieve an immediate effect of a landscape installation and to allow sustained growth of planting materials, minimum plant material sizes, plant spacing, and minimum planter widths (inside measurement) are as follows:

A minimum of forty (40%) percent of the required front yard shall be pervious surface.

A minimum of fifty (50%) percent of the required yard area shall be pervious surface.

A minimum of ten (10%) percent of the total lot area shall be pervious.

Landscaped Islands. In addition to the perimeter landscaping required by this chapter, parking lots of five (5) spaces or more shall provide a landscaped island measuring a minimum of eight (8' 0") feet by sixteen (16' 0") feet at a ratio of one (1) island for every eight (8) spaces. As a minimum, the islands shall be placed every ten (10) spaces. In conjunction with a land use or development permit application, the designated approving authority may eliminate or reduce the number of required landscaped islands when paved and parking areas are used for materials, storage, stock, and trade (e.g., vehicle sales and storage). When a request to eliminate or reduce the number of required landscaped islands is not part of a land use or development permit application, a minor design review permit shall be required.

Planters. All landscaping shall be within planters bounded by a curb at least six (6") inches high. No planter shall be smaller than twenty-five (25 ft²) square feet, excluding curbing. Each planter shall include an irrigation system.

Parking lots, driveways, trash enclosures/areas, public phones, and group mailboxes shall be illuminated with a minimum maintained one (1 fc) foot-candle of light and an average not to exceed four (4 fc) foot-candles of light.

Pedestrian walkways shall be illuminated with a minimum maintained one-half (0.5 fc) foot-candle of light and an average not to exceed two (2 fc) foot-candles of light.

Exterior doors of nonresidential structures shall be illuminated during the hours of darkness with a minimum maintained one (1 fc) foot-candle of light, measured within a five (5' 0") foot radius on each side of the door at ground level.

In order to minimize light trespass on abutting residential, agricultural-residential, and agricultural property, illumination measured at the nearest residential structure or rear yard setback line shall not exceed the moon’s potential ambient illumination of one-tenth (0.1 fc) foot-candle.

The hours of operation of the associated use extend into the required off hours (lighting may stay on during the hours of operation of the use);

Illuminating flags representing country, state, or other civic entity (also see EGMC Section 23.62.090 (B)(4)); and

Functioning as security lighting (e.g., illuminating a pathway, building entry, etc.).

The mounting height of outdoors sports field and outdoor performance area lighting fixtures shall be reviewed on a case-by-case basis by the designated approving authority.

The hours of operation for the lighting system for any game or event shall not exceed one (1) hour after the end of the event.

Attached Exterior Lighting Fixtures.

Freestanding Exterior Lighting Fixtures.

Temporary (maximum ninety (90) consecutive days) lighting used for seasonal decoration.

Low voltage landscape lighting less than fifteen (15) volts.

Outdoor string lighting with bulbs not exceeding one hundred forty (140) lumens per bulb.

Exterior lighting fixtures existing and legally installed prior to the effective date of this section are exempt from the requirements of this section pursuant to the provisions of EGMC Chapter 23.84 (Nonconforming Uses, Buildings, and Structures).

Repair of any defects in the surface of the parking area, including holes and cracks.

Resurfacing, slurry coating, and restriping of a parking area with identical delineation of parking spaces.

Repair or replacement in the same location of damaged planters and curbs.

Sprinkler line repair or refurbishment of landscaped areas with similar plant species.

Except as otherwise permitted herein, all required off-street parking spaces shall be accessible to and located on the same lot as the use and/or development requiring such spaces.

Required off-street parking spaces shall not be located within any required front yard or required street-side yard setback of any parcel. However, parking spaces in addition to the first two (2) required (pursuant to Table 23.58-2) may be allowed in the front and street-side side yards of single-family residential lots (including in residential, agricultural-residential, and agricultural zones) in compliance with all of the following conditions:

Except as otherwise provided in this title, the City may, through approval of a special parking permit as provided in EGMC Section 23.16.037, allow for a portion or all of the vehicle parking required by this chapter to be provided by on-street parking spaces. Each on-street parking space, where permitted, shall be defined as twenty-five (25' 0") lineal feet of unrestricted curb.

Required off-street parking spaces shall not be used for any purpose that at any time would prevent vehicles from parking in required parking spaces, except as permitted by EGMC Chapter 23.92 (Temporary Uses).

Parking facilities shall be used for automobile parking only. No sales, dead storage, repair work, dismantling, or servicing of any kind shall be permitted without necessary permits for such use. The only exception to this rule is for temporary use of parking areas when the remaining number of unobstructed parking spaces complies with the minimum parking requirements for the permanent use(s) of the property in accordance with Table 23.58-2.

Residential Guest Parking. For residential tenant and guest parking, the spaces must be marked per the required minimum standards for tenant and guest parking.

Inoperable/Unregistered Vehicles, Trailers, and Vessels. Any vehicle, trailer, or vessel which is inoperable and/or unregistered shall be stored consistent with the following standards. These requirements do not apply to farm equipment located on property zoned for agricultural use or to auto vehicle dismantling facilities.

Commercial Vehicle Parking. Commercial vehicles weighing four (4) tons or more are prohibited on any street or parcel within a residential or agricultural-residential zoning district or neighborhood except long enough for typical residential delivery and pickup, moving, and towing. Commercial vehicles weighing less than four (4) tons may be permitted in residential zoning districts and neighborhoods consistent with applicable provisions of this title. See EGMC Chapter 23.82, Home Occupations.

Recreational Vehicle, Trailer, and Vessel Parking. Recreational vehicles, trailers, and vessels of an owner, tenant, guest, or visitor may be parked on any highway (street) for a maximum period of seventy-two (72) hours as provided in EGMC Section 10.24.070(B). Any request to extend this period for guests and visitors shall be submitted in writing to the Chief of Police for consideration and authorization. Recreational vehicle, trailer, and vessel storage is prohibited in required front and street side yards except as provided in EGMC Section 23.84.031. Vehicle owners are advised to verify that vehicles are parked consistent with any applicable covenants, conditions, and restrictions applicable to that subdivision.

However, recreational vehicle, trailer, and vessel parking is permitted outside of required front and street side yard setback areas and within interior side and rear yards when screened by a solid six (6' 0") foot tall fence, wall, and/or landscape barrier. Note, the street side yard shall extend the length of the lot all the way to the rear property line and shall take precedence over the required rear yard area. Screening shall be consistent with EGMC Chapter 23.52, Fences and Walls. The screening requirement does not apply to parcels with two (2) or more gross acres or within the Rural Area Community Plan area.

“Square feet” means “gross square feet” and refers to building area unless otherwise specified.

Where parking spaces are required based upon a per employee ratio, this shall be construed to be the total number of employees on the largest working shift.

For the purpose of calculating residential parking requirements, dens, studies, or other similar rooms that may be classified as bedrooms under the building code shall be considered bedrooms.

Where the number of seats is listed to determine required parking, seats shall be construed to be fixed seats. Where fixed seats provided are either benches or bleachers, such seats shall be construed to be not more than eighteen (18") linear inches for pews and twenty-four (24") inches for dining, but in no case shall seating be less than determined as required by the building code.

Notwithstanding subsections (A) and (E) of this section, and the requirements of Table 23.58-2, pursuant to Section 65863.2 of the California Government Code, no minimum required parking shall be required for any residential, commercial, office, or other development project (excluding hotels, motels, bed and breakfast inns, or other transient lodging other than a residential hotel) which is located within one-half (1/2) mile of a major transit stop.

The term “major transit stop” has that same meaning as provided in Section 21064.3, as modified by Section 21155 of the California Public Resources Code, and includes any of the following:

Notwithstanding subsection (I)(1) of this section, the City may impose or enforce the minimum parking requirements contained in subsections (A) and (E) of this section and the requirements of Table 23.58-2 on a proposed development project that is within one-half (1/2) mile of a major transit stop if the Zoning Administrator makes written findings, within thirty (30) days of the receipt of a completed application, that not imposing or enforcing minimum parking requirements on the proposed development project would have a substantially negative impact, supported by a preponderance of the evidence in the record, on any of the following:

The provisions of subsection (I)(3) of this section shall not apply to a housing development project that satisfies any of the following:

The provisions of this section shall not eliminate or reduce the required provision for electric vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities that would have otherwise applied to the development if this section did not apply.

When a development project that qualifies for the provisions of this section voluntarily provides parking, the developer shall do one (1) or more of the following:

Shower/Locker Facilities. Developments with one hundred (100) or more employees may reduce their parking requirement by providing shower and clothing locker facilities for bicycle commuting employees. Maximum reduction: two (2%) percent of required parking.

Secure Bicycle Parking. Developments which provide additional secure bicycle parking facilities over and above the minimum requirement may reduce their parking requirement by one (1) vehicle space for every three (3) additional bicycle spaces provided. Maximum reduction: two (2%) percent of required parking if short-term bicycle parking spaces are provided, four (4%) percent of required parking if long-term/end-of-trip bicycle parking spaces are provided.

Located in a common parking lot or off site convenient to the use(s) requiring the parking; and

The applicant is able to show through a qualified parking study that there shall be no substantial conflicts between the subject uses with regard to principal hours of operation and periods of peak parking demand. A possible option for determining shared parking arrangements includes the Urban Land Institute publication “Shared Parking”; and

Right of joint use shall be evidenced by a deed, lease, contract, or similar written instrument that shall be approved as to form by the City Attorney upholding such joint use; and

In no instance shall the total parking required be less than would be required for any one (1) of the independent uses.

A religious institution affiliated housing development project is not required to replace religious-use parking spaces that are eliminated as part of that housing development, provided the number of religious-use parking spaces being eliminated does not exceed fifty (50%) percent of the number of religious-use parking spaces that are available at the time of permit application.

Any parking spaces available for the remaining religious use may count towards the required parking for the housing development project. Notwithstanding the foregoing, the City shall not allow the remaining religious-use parking spaces to count toward the number of parking spaces otherwise required for approval of the housing development project as provided herein to the extent that application of subsection (E)(4) of this section would prohibit City from requiring up to one (1) parking space per unit.

The curing of any preexisting deficit in the number of religious-use parking spaces shall not be imposed as a condition of approval of the housing development and the City shall not deny the parking reduction solely on the basis of the reduction in the total number of parking spaces available at the place of worship provided the total reduction does not exceed fifty (50%) percent of the existing parking spaces.

The reduction in parking spaces shall not reduce the minimum parking standards below one (1) space per unit; provided, however, that this limitation shall not apply to any religious institution affiliated housing development project if either of the following is true:

Paving and adequate drainage facilities as specified by the City Engineer.

Clear signage and pavement markings to indicate entrances, exits, aisle directions, and other features required to ensure the safe movement of vehicles.

Parking areas for commercial, industrial, and multiple-family residential uses, not including duplexes and single-family residences, shall be designed so that vehicles are not permitted to back out of the parking area onto a public street.

Landscaping. Landscaping shall be provided in compliance with EGMC Chapter 23.54, Landscaping.

Lighting. Parking areas shall have lighting capable of providing adequate illumination for security and safety. Lighting fixtures shall be energy-efficient. Lighting standards shall be 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 EGMC Chapter 23.56, Lighting.

Vehicle Overhang. Vehicular overhang is permitted, provided no vehicle shall overhang into a sidewalk which would reduce the unencumbered width of a sidewalk to less than four (4' 0") feet. A vehicle is permitted to overhang into a landscaped area by two (2' 0") feet; provided, that the required landscape area is extended by two (2' 0") feet.

Short-Term Bicycle Parking. Short-term bicycle parking spaces are intended for short periods of time and are usually targeted to visitors, customers, and other short-term users.

Long-Term Bicycle Parking. Long-term bicycle parking spaces are intended for periods of time longer than several hours and are targeted to employees, residents, and other long-term users.

Physical site planning constraints;

Proximity to existing bicycle parking;

Projects that cannot be classified into the provided land use categories;

Provision of enhanced bicycle facilities provided in the development;

Inclusion of the site within a larger development for which adequate bicycle parking is already provided; or

Unforeseen circumstances or individual land use changes.

When Loading Regulations Apply. This regulation applies to all industrial, commercial, office, and similar land uses. Buildings or tenant spaces smaller than ten thousand (10,000 ft²) square feet in size are exempt from the requirements of this section.

General Loading Area Requirements. The number of required loading spaces is based on the use of the building and the building size, minus any residential component square footage, as described in Table 23.58-5 (Required Minimum Loading Spaces). Where two (2) or more uses are located on the same premises, the number of loading area spaces required is the sum of the spaces required for each use.

Loading Area Standards.

With the exception of nonhabitable structures, all structures shall be located outside of the one hundred (100) year floodplain and a minimum twenty-five (25' 0") feet from the centerline of the creek or tributary.

Tributary channels shall remain in their natural state and shall not be altered (e.g., piped or channeled) unless the proposal is heard and approved by the appropriate authority in conjunction with any application for any discretionary planning entitlement faction. If no such application has been filed, the proponent of such alteration shall apply for design review approval to be heard by the designated approval authority.

All proposed projects within designated tributary floodplains shall meet the requirements and regulations set forth in EGMC Title 19, Trees.

No fill shall be permitted within the one hundred (100) year floodplain of designated tributaries unless:

A buildable area outside the one hundred (100) year floodplain of that tributary;

A buildable area that is located at least twenty-five (25' 0") feet from the centerline of the tributary and which provides for construction with a minimum habitable floor elevation that is at least one (1' 0") foot above the water surface elevation of the one hundred (100) year floodplain and is outside the floodway.

Notify the Fire Department of any unauthorized release of hazardous materials prescribed by City, County, State and Federal regulations;

Notify the Fire Department and the Sacramento County Health Department of any proposed abandoning, closing or ceasing operation of an underground storage tank and actions to be taken to dispose of any hazardous materials; and

Submit copies of the closure plan to the Fire Department.

The structure would be protected from the radiant heat of an explosion by berming or other physical barriers;

A one hundred (100' 0") foot setback would be impractical or unnecessary because of existing topography, streets, parcel lines or easements; or

A secondary containment system for petroleum pipelines and transition points shall be constructed. The design of the system shall be subject to the approval of the Fire Department.

The signs must be personally held by a person, or personally attended by one or more persons. “Personally attended” means that a person is physically present within five (5' 0") feet of the sign at all times.

The signs may be displayed only during the time period of sunrise to sunset, except on occasions when the City Council and/or the Planning Commission are holding public hearings or meetings; on such occasions, the display period is extended to thirty (30) minutes after such meeting is officially adjourned.

The maximum aggregate size of all signs held by a single person is six (6 ft²) square feet. For purposes of this rule, apparel and other aspects of personal appearance do not count towards the maximum aggregate sign area.

The maximum size of any one (1) sign which is personally attended by two (2) or more persons is fifty (50 ft²) square feet, measured on one (1) side only.

The sign must have no more than two (2) display faces and may not be inflatable or air-activated.

In order to serve the City’s interests in traffic flow and safety, persons displaying signs under this chapter may not stand in any vehicular traffic lane when a roadway is open for use by vehicles, and persons displaying signs on public sidewalks must give at least five (5' 0") feet width clearance for pedestrians to pass by. Persons holding signs may not block the view within a visibility triangle, as defined in this title.

The message substitution policy of EGMC Chapter 23.62 applies only to the traditional public forum areas.

Except as set forth herein, the banner(s) may be placed for a period of up to sixty (60) days and the City or applicant shall then cause the banner(s) to be removed at the City or applicant’s expense, as applicable, based on who placed the banner, subject to replacing of the banner at the same or different location at a later date;

The banner(s) should promote an event and/or activity sponsored entirely by the City or co-sponsored by the City, occurring within the City, calling attention to the City, its natural advantages, resources, enterprises, attractions, climate, facilities, businesses, and community;

The banner(s) may contain the name and date of the event, if any;

The banner(s) shall be secured tightly to the structures on which they are authorized to be attached; and

For non-City applicants that are co-sponsors with the City, the applicant must agree to defend, indemnify, and hold harmless the City from any damages arising from the banners in a form acceptable to the City Attorney.

Minor Uniform Sign Program. A minor uniform sign program does not allow for deviations from the signage standards in this title.

Major Uniform Sign Program. The intent of the major uniform sign program is to:

All devices which are excluded from the definition of a “sign”;

Official or legal notice required by a court or government agency (government/civic signs);

Signs erected and maintained in compliance with a government function or required by a law, ordinance, or government regulation, including signs erected by a public utility (government/ civic signs);

Signs on licensed commercial vehicles, including trailers, that are not used for the display of off-site commercial messages, or general advertising; provided, that the vehicles/trailers shall not be used as parked or stationary outdoor display signs;

Change of copy that does not alter the size, location, or illumination of a sign (see EGMC Section 23.62.050(D), Message Substitution);

Construction signs not to exceed one sign per street frontage and a maximum of twenty (20 ft²) square feet in area or a maximum of thirty-two (32 ft²) square feet if combined with a future tenant sign. Construction signs may not be illuminated. Such signs shall be removed at the earliest of the following events: final building inspection approval, issuance of a valid certificate of occupancy, or the opening for business to the public;

Directional signs, signs whose function is guiding traffic, parking, and loading on private property, with no advertising. Sign area shall not exceed twenty-four (24 ft²) square feet in residential districts and thirty-six (36 ft²) square feet in nonresidential districts. The maximum height for freestanding directional signs shall be six (6' 0") feet unless the Director allows additional height upon a written finding that the visibility would be impaired without the additional height. The area and number of directional signs do not count towards the total allowed as described in Table 23.62-1;

Directory signs, signs that are solely oriented to the pedestrian user which identify or list the names and locations of tenants at a multi-tenant site;

Flags, provided they meet the standards listed in Table 23.62-1;

Future tenant signs identifying or announcing the future use of a project while under construction. One sign shall be allowed per street frontage and the sign shall be removed upon occupancy of the site. In an integrated development, one sign per establishment is allowed. The maximum size of the sign shall be thirty-two (32 ft²) square feet and the maximum height shall be six (6' 0") feet. Future tenant signs may not be illuminated;

Gas pricing signs, as required by State law, which identify the brand, types, octane rating, etc., provided the signs do not exceed three (3 ft²) square feet (also see EGMC Section 23.72.040(I), automobile service stations);

Garage, Yard, Estate, and Other Home-Based Sales Signs. Signs advertising the one (1) day sale of items from a garage, yard, estate, or other home-based sale;

Incidental signs, with a maximum area of two (2 ft²) square feet per sign. The area and number do not count towards the total allowed as described in Table 23.62-1;

Menu/order board signs, as described herein and in EGMC Section 23.62.110(C), Standards for special category signs. A maximum of two (2) menu/order board signs shall be permitted for each drive-in or drive-through business; provided, that each sign not exceed a maximum of forty (40 ft²) square feet in sign area and that each sign be limited in height to eight (8' 0") feet. The area and number of menu/order board signs do not count towards the total allowed sign area as described in Table 23.62-1;

Name plates, as described below. Name plates may only be lit by either an indirect light (e.g., porch light) source, low-wattage spotlight without glare to the adjoining property, or internal light source with opaque (nontransparent) background.

Noncommercial signs as defined in this title, consistent with the following requirements and not located within or over a public right-of-way unless authorized pursuant to EGMC Chapter 23.61, or over the roofline of any building, and outside of any clear-vision triangle:

Public Notice. Any public notice or warning required by a Federal, State, or local law or regulation.

Real Estate Signs. Real estate signs are allowed on private property set back five (5' 0") feet from the public right-of-way and out of any required clear-vision triangle, with the following limitations:

Window Signage. Temporary window signage, provided that is consistent with the regulations in Table 23.62-3 (Temporary Sign Standards); for the purposes of this section, temporary window signage shall mean signage painted on or affixed to windows for a period of less than three (3) months. Permanent window signage, provided it does not exceed the overall sign area permitted for the facade, and is consistent with the regulations in Table 23.62-2 (Signs Permitted by Type and Development Characteristics); for the purposes of this section, permanent window signage shall mean signage not including directory and hours of operation which is painted on or affixed to windows for a period exceeding three (3) months.

Location. Signs may be placed only on awnings that are located on first- and second-story building frontages, including those fronting a parking lot or pedestrian way.

Maximum Area and Height. Sign area shall comply with the requirements established by Table 23.62-2 and EGMC Section 23.62.120, General development, maintenance, and removal. Sign area shall be calculated so as to only include the copy area. Copy area shall occupy a maximum of seventy-five (75%) percent of the awning face. No structural elements of an awning or canopy shall be located less than eight (8' 0") feet above the finished grade.

Illumination. Awnings shall not be illuminated from under the awning (back-lit) so that the awning appears internally illuminated. Lighting directed downwards that does not illuminate the awning is allowed.

Required Maintenance. Awning and canopy signs shall be regularly cleaned and kept free of dust and visible defects.

The style of the awning/canopy shall complement the architectural style of the building to which it is attached. Awnings shall have a simple horizontal valance if located over rectangular or square window/door openings. Domed or barrel shaped awnings shall be allowed for buildings with arched window/door openings.

Location. Blade or bracket signs shall be placed only on ground floor facade, except for businesses located above the ground level with direct exterior pedestrian access.

Maximum Area, Height, and Projection. The maximum sign area shall be four (4 ft²) square feet. The lowest point of a blade or bracket sign shall be a minimum eight (8' 0") feet above grade. The sign may project a maximum of five (5' 0") feet from the building.

Sign Structure. Sign supports and brackets shall be compatible with the design and scale of the sign.

Encroachment. Any blade or bracket sign which encroaches into the public right-of-way, or above it, or into City-owned property, is subject to an encroachment permit.

Location. Menu/order board signs shall not face onto the public right-of-way.

Illumination. Menu/order board signs shall only be illuminated by internal light source with opaque (nontransparent) background.

Maximum Size, Height, and Number. The size, height, and number of menu/order board signs shall be limited as described in EGMC Section 23.62.090(B)(9), Exempt signs, Menu/order board signs.

Location. A freestanding sign may be located only along a site frontage adjoining a public street and not within the clear-vision triangle. It shall be set back a minimum of ten (10' 0") feet from the right-of-way. See EGMC Section 23.62.120, General development, maintenance, and removal.

Maximum Area and Height. The sign shall comply with the height and area requirements established in Table 23.62-2.

Design. The mass/scale of a freestanding sign shall be consistent with the overall design of the building. The design and placement of the sign shall not interfere with the required clear-vision triangle.

Landscape Requirements. Landscaping shall be provided at the base of the supporting structure equal to twice (2) the area of one (1) face of the sign. For example, twenty (20 ft²) square feet of sign area requires forty (40 ft²) square feet of landscaped area. The City may reduce or waive this requirement if the sign is placed within the required landscape corridor as required under EGMC Section 23.54.050(E), Landscape Corridors.

Construction. Freestanding signs may be constructed with poles as a substructure; provided, that the poles are covered with architectural cladding or coverings so they appear as a solid structure.

Materials and design for freestanding signs shall be complementary to the materials and design of the buildings for the related development. For example, if the facade of the building is made of brick or brick veneer, a complementary freestanding sign would also include brick.

Readerboards with manually changeable copy are allowed on parcels where the primary use is human assembly with the presentation of changing programs, such as theaters, museums, music concert facilities, churches, etc. The total area for these signs shall be included in maximum allowed sign area as listed in Table 23.62-2.

Electronic readerboard signs are permitted subject to the requirements of EGMC Section 23.62.100(E) and the requirements of EGMC Section 23.62.180, as applicable.

Maximum Area and Height. The sign shall have a maximum area of ten (10 ft²) square feet and shall comply with the height requirements established by Table 23.62-2.

Design. The sign shall be designed in a manner that is architecturally compatible with other signs and with the structure on which it is placed.

Location. The sign shall not be placed to obstruct any portion of a window, doorway, transom, or other architectural detail.

Maximum Area and Height. The sign shall comply with the height and area requirements established in Table 23.62-2, and shall not project above the edge of a structure.

Projection from Wall. The sign shall not project from the surface upon which it is attached more than requirements for construction purposes and in no case more than twelve (12") inches. See EGMC Section 23.62.120, General development, maintenance, and removal, for three (3) dimensional elements on all signs.

Wall signs shall be compatible with the predominant visual architectural elements of the building facade.

Wall signs shall be placed to establish facade rhythm, scale, and proportion where such elements are weak. In many existing buildings that have a monolithic or plain facade, signs can establish or continue appropriate design rhythm, scale, and proportion.

Wall signs shall utilize a consistent proportion of signage to building scale. Examples include, but are not limited to, one-third (1/3) text to two-thirds (2/3) wall area or one-quarter (1/4) text to three-quarters (3/4) wall area. See Figure 23.62-2b (Text Scale).

Wall sign raceways shall be concealed from public view (e.g., within the building wall or painted to match the exterior color of the building where the sign is located) or otherwise integrated with the design of the sign and building so as to not detract from the architectural character of the building.

Direct and indirect lighting methods are allowed for wall signs; provided, that they are not harsh or unnecessarily bright. Light shall either be directed down or in such a way that it does not cause light trespass or glare onto adjoining properties or public rights-of-way.

Can signs are discouraged. Channel letters, reverse channel letters, and push pin letters are preferred.

If a tenant’s signage on one facade is comprised of multiple elements (e.g., logo and text), the elements shall be located and scaled with relationship to each other. See Figure 23.62-2c (Multiple Element Signs).

The surface area of a sign shall be measured by enclosing each of the outermost limits of writing, representation, emblem, or any fixture of similar character, together with any frame or material or color forming an integral part of the display or used to differentiate such sign from the back-ground against which it is placed (see Figure 23.62-3). If the sign (or a part of the sign that is enclosed by one rectangle that makes up the total sign) is composed of individual letters or symbols using the wall as the background with no added decoration (e.g., “channel letters”), the total sign area shall be calculated as seventy-five (75%) percent of the area of any rectilinear geometric figure that encloses the extreme limits of the characters or symbols.

Sign area is calculated by drawing an imaginary box around all writing and figures with a maximum of five (5) simple rectangles and calculating the area of each rectangle using standard mathematical formulas, then (when the sign is composed of channel letters) taking seventy-five (75%) percent of that calculation (e.g., seventy-five (75%) percent x (height x width) = sign area).

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

Signs composed of more than one sign face shall be computed as including only the maximum single display surface that is visible from any ground position at one time;

Where a sign consists of one (1) or more three (3) dimensional objects (e.g., balls, cubes, clusters of objects, sculpture, or statue-like trademarks), the sign area shall be measured as their maximum projection upon a vertical plane, as viewed from a position in the public right-of-way which produces the largest visual projection;

For signs that incorporate time and temperature devices, the area of these devices shall not be included in the total area of the sign; however, when time and temperature are combined with a commercial message or image, on the same visual plane, then the time and temperature indicators are included within the sign area;

Primary Building Frontage. Where the maximum allowed sign area is based upon the measurement of a building’s primary frontage, the primary frontage shall be the building frontage facing the street. In cases where a building has more than one (1) street frontage, the longest of the street frontages shall be considered the primary building frontage. In cases where a business has no building frontage facing a street, the building frontage with the primary business entrance shall be considered the primary building frontage. A single multi-tenant building has one primary frontage, the allowable sign area for which may be distributed at the discretion of the owner; however, in no event shall the combined sign area for all tenants exceed the allowable sign area for the building (see Figure 23.62-4);

All transformers, equipment, programmers, and other related items shall be screened and/ or painted to match the building or shall be concealed within the sign;

All permanent signs shall be constructed of quality, low-maintenance materials such as metal, concrete, natural stone, glass, and acrylics. Techniques shall be incorporated during construction to reduce fading and damage caused by exposure to sunlight or degradation due to other elements;

All signs shall be constructed in compliance with any applicable building, electrical, or other code in effect at the time of construction or maintenance, with particular respect to wind and seismic loads and overturning moment;

All freestanding signs that incorporate lighting shall have underground utility service;

Signs shall be cleaned, updated, and/or repaired as necessary to maintain an attractive appearance and to ensure safe operation of the sign. Unacceptable sign conditions include: broken or missing sign faces, broken or missing letters, chipped or peeling paint, water damage, missing or inoperative lights, exposed mechanical or electrical components, and missing or broken fasteners. Failure to respond to a written request from the City to perform maintenance work shall result in revocation of the sign’s permit or status as exempt from permit, subject to the appeal provisions stated in EGMC Section 23.62.080;

All temporary signs and banners shall be made of a material designed to maintain an attractive appearance for as long as the sign is displayed;

All illuminated signs shall be of such intensity or arranged in such a manner so as to avoid unreasonable glare for abutting properties or vehicular traffic.

External light sources shall be directed and shielded to limit direct illumination of an object other than the sign;

The light from an illuminated sign shall not be of an intensity or brightness that will create glare or other negative impact on residential properties in direct line of sight to the sign;

Unless otherwise permitted by another provision of this chapter, signs shall not have blinking, flashing, or fluttering lights, or other illumination devices that have a changing light intensity, brightness, or color;

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

Reflective-type bulbs and incandescent lamps that exceed fifteen (15) watts shall not be used on the exterior surface of signs so that the face of the bulb or lamp is exposed to a public right-of-way or adjacent property; and

Light sources shall utilize energy-efficient fixtures to the greatest extent possible.

Where the public right-of-way has not been improved to its ultimate width, signs shall be set back from the ultimate right-of-way as defined by the Public Works Department. Until such time as the right-of-way is improved to its ultimate width, the applicant may be granted an encroachment permit to allow the sign to be placed within the ultimate right-of-way; provided, that when the right-of-way is improved the owner of the sign shall be required to remove or otherwise relocate the sign (at their own cost) and shall be subject to the current standards as provided in this title. All encroachment permits for signs may be revoked by the City with thirty (30) days’ written notice.

Building signs are those signs that are permanently attached to a building (e.g., wall signs, blade/bracket signs, etc. (see Figure 23.62-6));

Freestanding signs are those that have their own unique foundation or are otherwise not attached to a building (e.g., monument sign shown in Figure 23.62-7);

The total allowed sign area may be distributed among the maximum number of signs permitted for each sign type. See Figure 23.62-4 for an example.

Allowable sign area is either a set square footage per business or is based on a ratio of sign area to primary building frontage. It is calculated as described in EGMC Section 23.62.120, General development, maintenance, and removal. Where a ratio is described, it applies up to the listed maximum sign area. See Figure 23.62-4.