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Greenfield City Zoning Code

Division IV

SITE PLANNING AND GENERAL DEVELOPMENT REGULATIONS

§ 17.46.010 Purpose:

The purpose of this chapter is to identify and regulate detached accessory structures to ensure that such structures do not create public safety or nuisance issues, do not create an adverse aesthetic from street right of ways, and do not create a negative impact (light, air, drainage, or aesthetic) on surrounding properties.
(Ord. 473 § 3, 2007)

§ 17.46.020 Permit Requirements And Exceptions:

Accessory structures governed by this chapter shall go through a simple plan check (zoning clearance) at the time a building permit is issued to ensure compliance with applicable regulations. However, in accordance with division II, "Administration And Permit Procedures", of this title, some larger, enclosed accessory structures may require a design review approval to ensure compliance with all applicable provisions of this title. Accessory structures may be subject to building permit requirements. The following structures shall be exempt from the requirements of this chapter as specified below and are subject to compliance with all other provisions of this title:
A. 
Accessory Structures: Enclosed and/or solid roofed accessory structures that are one hundred twenty (120) square feet or smaller in size with no portion of the structure equal to or greater than eight feet (B') in height. Structures shall not be located in a required front yard. In order to maintain necessary fire breaks, all combustible accessory structures shall be set back a minimum of three feet (3') from side and rear property lines with a minimum six foot (6') separation between structures.
B. 
Landscape Features: Landscape features that are one hundred twenty (120) square feet or smaller in size with no portion of the structure equal to or greater than eight feet (B') in height. In order to maintain necessary fire breaks, combustible landscape features shall be set back a minimum of three feet (3') from all interior property lines with a minimum six foot (6') separation between structures.
C. 
Play Equipment: Structures and surfaces used for recreational purposes including play structures, jungle gyms, and sports courts such as tennis and basketball courts, excluding associated fencing.
D. 
Deck/Patio: A porch or platform that is generally constructed with wood, concrete, or stone that is above the natural grade or located over a basement or story below.
E. 
Pool/Spa: Any structure intended for swimming or recreational bathing that contains water over eighteen inches (18") deep. Swimming pool includes inground and aboveground structures and includes, but is not limited to, hot tubs, spas, portable spas and nonportable wading pools.
(Ord. 473 § 3, 2007)

§ 17.46.030 Development Standards:

A. 
Supplemental Structures: The development standards in this section are intended to supplement the standards in the underlying zoning district for accessory structures. If similar accessory structures are attached to the main building, the governing regulations shall be as listed in this chapter. In the event of conflict between these standards and the underlying zoning district regulations, the provisions of this section shall apply.
1. 
Setback Measurement: Minimum setback distances for accessory structures from property lines and between accessory structures includes all portions of the structure(s) (e.g., overhangs, projections, railings) for the purpose of compliance with minimum structural fire breaks.
2. 
Construction Phasing: Accessory structures may be constructed in conjunction with or subsequent to (but not in advance of) construction of the primary building(s) on the site. Exceptions may be granted in the residential estate zoning district where accessory structures may be constructed prior to the primary residential dwelling.
B. 
Development Standards By Type Of Accessory Structure: Table 17.46-1 of this section establishes development standards based on the type of accessory structure as defined in section 17.46.020, "Permit Requirements And Exceptions", of this chapter. In no event shall the accessory structure(s) collectively exceed a maximum thirty percent (30%) coverage of the actual rear yard area. In the residential estate zoning district, the maximum rear yard coverage is twenty five percent (25%).
TABLE 17.46-1
DEVELOPMENT STANDARDS FOR ACCESSORY STRUCTURES
Accessory Structure
Minimum Setback Distance From Property Line
Minimum Distance Between Structures
Maximum Height
Front
Street Side
Interior (Including Rear)
Structures:
Enclosed
Varies1
12.5 ft.2
10 ft.2
10 ft.
16 ft.2, 3
Solid roofed
Varies1
12.5 ft.2
10 ft.2
10 ft.
16 ft.2, 3
Landscape features
No minimum
12.5 ft.
10 ft.3, 4
5 ft.4
16 ft.
Notes:
1. The minimum setback distance shall be consistent with the minimum setback distance for the main structure in the underlying zoning district.
2. Enclosed and solid roofed accessory structures (>120 square feet) located on residential estate property shall have a minimum setback from all interior property lines not less than the height of the structure.
3. See additional development standards in section 17.30.040, table 17.30-1, "Residential Estate Zoning District Development Standards", of this title.
4. 5 foot minimum setback for 8 feet and less in height.
(Ord. 473 § 3, 2007)

§ 17.48.010 Purpose:

This chapter describes the required methodsfor measuring the height of structures in compliance with the height limits and exceptions to the height limits established by this title.
(Ord. 473 § 3, 2007)

§ 17.48.020 Building Heights:

A. 
Except as otherwise provided in section 17.48.040, "Exceptions To Height Limit', of this chapter, the height of structures shall not exceed the height limit for the applicable zoning district established by division III, "Zoning Districts, Allowable Uses And Development Standards", of this title.
B. 
Additional height provisions for fences and walls are listed in chapter 17.52, "Fences And Walls", of this title.
(Ord. 473 § 3, 2007)

§ 17.48.030 Height Measurement:

A. 
Height Measurement On Level Sites: The allowable height shall be measured as the vertical distance from the finished grade to the midpoint of a sloping roof, or the parapet height, or the deck height of a flat roof without parapet.
B. 
Height Measurement On Sloped Sites: For sloped lots or buildings with varied floor elevations, the height of a building is measured as the vertical distance from the average level of the ground under the building to the allowed number of feet above and parallel to the finish grade. The average level of ground is determined by adding the elevations of the highest and lowest foundation points of the building and dividing by two (2).
(Ord. 473 § 3, 2007)

§ 17.48.040 Exceptions To Height Limit:

Exceptions to height limits are listed below:
A. 
Residential Districts: Chimneys, television antennas, and solar collectors not exceeding a dimension of six feet (6') at their base may exceed the height limits of the applicable zoning district by a maximum of five feet (5').
B. 
Nonresidential Districts: Minor projections, including elevator and mechanical equipment enclosures, may exceed the height limit by fifteen feet (15'); provided, they are screened by a parapet or pitched roof. Additionally, architectural features including clock towers, cupolas, and similar structures may exceed the height limit as listed below. See also chapter 17.94, "Wireless Communications Facilities", of this title.
1. 
Up to twenty feet (20'), if located at a street intersection;
2. 
Up to twelve feet (12'), if located midblock. These features shall not exceed a width of twenty five feet (25') 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.
(Ord. 473 § 3, 2007)

§ 17.50.010 Purpose And Intent.

This chapter is intended to provide incentives for the production of housing for very low-income, lower-income, or senior households and the development of childcare facilities. In enacting this chapter, it is the intent of the city of Greenfield to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the city's housing element. Other developer incentives refer to density incentives that developers can choose to incorporate in their project if they meet specific criteria which implement the goals, objectives, and policies of the city's general plan. This chapter shall be interpreted and applied consistent with California Government Code Section 65915.
(Ord. 473 § 3, 2007; Ord. 533 § 2(part), 2018)

§ 17.50.020 Eligibility For Density Bonus And Other Incentives.

The city of Greenfield shall either grant a density bonus and concessions or incentives as set forth in section 17.50.030, "Types Of Density Bonus And Other Incentives Allowed," or provide other incentives or concessions of equivalent financial value based upon the land cost per dwelling unit, when the applicant for the housing development seeks to construct at least any one of the following:
A. 
Ten percent (10%) of the total units of a housing development for low-income households; and
B. 
Five percent (5%) of the total units of a housing development for very low-income households; and
C. 
A senior citizen housing development or mobilehome park that limits residency based on age requirements for housing for older persons; and
D. 
Ten percent (10%) of the total dwelling units in a common interest development, including a community apartment project, condominium project, planned development, or stock cooperative, as defined in Section 4100 et seq. of the California Civil Code, for persons and families of moderate income, provided all units in the development are offered to the public for purchase; and
E. 
Ten percent (10%) of the total units of a housing development for transitional foster youth, disabled veterans, or homeless persons, as defined in Section 65915(b)(1)(E) of the California Government Code. All such units shall be subject to a recorded affordability restriction of fifty-five (55) years and shall be provided at the same affordability level as very low-income units.
(Ord. 473 § 3, 2007; Ord. 533 § 2(part), 2018)

§ 17.50.030 Types Of Density Bonus And Other Incentives Allowed.

A. 
Project Specific Density Bonus: A housing development that satisfies all applicable provisions of this chapter shall be entitled to the following density bonus:
1. 
For developments providing lower-income target units, a twenty percent (20%) base density bonus plus a one and one-half percent (1 1/2%) supplemental increase over that base for every one percent (1%) increase in low-income units above ten percent (10%). The maximum density bonus allowed including supplemental increases is thirty-five percent (35%);
2. 
For developments providing very low-income target units, a twenty percent (20%) base density bonus plus a two and one-half percent (2 1/2%) supplemental increase over that base for every one percent (1%) increase in very low-income units above five percent (5%). The maximum density bonus allowed including supplemental increases is thirty-five percent (35%);
3. 
For senior developments, a flat twenty percent (20%) density bonus; and
4. 
For common interest developments providing moderate-income target units a five percent (5%) base density bonus plus a one percent (1%) increase in moderate-income units above ten percent (10%). The maximum density bonus allowed including supplemental increases is thirty-five percent (35%).
B. 
Number Of Other Incentives Or Concessions: In addition to the eligible density bonus percentage described above, an applicant may request the following incentives or concessions in connection with its application for a density bonus:
1. 
One incentive or concession for housing developments that include 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 or families of moderate income in a common interest development; and
2. 
Two (2) incentives or concessions for housing developments that include at least twenty percent (20%) 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 or families of moderate income in a common interest development; and
3. 
Three (3) incentives or concessions for projects that include at least thirty percent (30%) 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 or families of moderate income in a common interest development.
C. 
Available Incentives And Concessions: The following incentives and concessions are available for compliance with this chapter:
1. 
A reduction in the site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5, Section 18907, Division 13, of the California Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in ratio of vehicle parking spaces that would otherwise be required and that results 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 50053 of the California Health and Safety Code;
2. 
Approval of mixed use development 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 surrounding development; and
3. 
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 50053 of the California Health and Safety Code.
D. 
Denial Of Request For Incentives Or Concessions: The city shall grant incentive(s) or concession(s) requested by the applicant unless the city makes a written finding, based upon the substantial evidence, of either of the following:
1. 
The incentive or concession does not 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 50053 of the California Health and Safety Code; and
2. 
The incentive or concession would have a specific, adverse impact, as defined in Section 65589.5(d)(2) of the California Government Code, upon public health and safety or physical environment or 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.
3. 
The city shall bear the burden of proof for the denial of a requested concession or incentive.
E. 
Development Incentive For Donation Of Land:
1. 
An applicant for a tentative subdivision map, parcel map, or other residential development approval who donates land to the city in accordance with Section 65915(g) of the California Government Code shall receive a fifteen percent (15%) base development incentive plus a one percent (1%) supplemental increase over that base for every one percent (1%) increase in land donated above the minimum ten percent (10%). The maximum density bonus allowed including supplemental increases is thirty-five percent (35%).
2. 
An applicant shall only be eligible to receive the development incentive described in this subsection if all the conditions listed in Section 65915(g)(2)(A) through (H) of the California Government Code are met.
3. 
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.
F. 
Additional Density Bonus And Incentives Or Concessions For Development Of A Childcare Facility:
1. 
Housing developments meeting the requirements of section 17.50.020 and including a childcare facility that will be located on the premises of, as part of, or adjacent to, the housing development shall receive either of the following:
a. 
An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility.
b. 
An additional incentive or concession that contributes significantly to the economic feasibility of the construction of the childcare facility.
2. 
The density bonus housing agreement for the housing development shall ensure that:
a. 
The childcare 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 target units are required to remain affordable; and
b. 
Of the children who attend the childcare facility, the children of very low-income households, low-income households, or persons or families of moderate income shall equal a percentage that is equal to or greater than the percentage of target units that are required pursuant to section 17.50.020, "Eligibility For Density Bonus And Other Incentives."
3. 
The city shall not be required to provide a density bonus or incentive or concession for a childcare facility if it makes a written finding, based upon substantial evidence, that the community has adequate childcare facilities.
G. 
General Provisions Related To Density Bonuses And Incentive And Concessions:
1. 
All density calculations resulting in fractional units shall be rounded up to the next whole number.
2. 
The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.
3. 
The number of units added by a density bonus awarded pursuant to this section shall not be included when determining the number of housing units upon which the density bonus is based.
4. 
Upon request by the applicant, the city shall not require that a housing development meeting the requirements of section 17.50.020 provide a vehicular parking ratio, inclusive of handicapped and guest parking that exceeds the following:
a. 
Zero to one bedroom: one on-site parking space.
b. 
Two (2) to three (3) bedrooms: two (2) on-site parking spaces.
c. 
Four (4) and more bedrooms: two and one-half (2 1/2) on-site parking spaces.
d. 
If the development is a for-rent housing development for individuals who are sixty-two (62) years of age or older, and the project has paratransit service or is within one-half (1/2) mile to fixed bus route service that operates at least eight (8) times per day, the ratio shall not exceed one-half (1/2) spaces per unit, inclusive of handicapped and guest parking.
e. 
If the development is a special needs housing development, as defined in Section 51312 of the California Health and Safety Code, and the project has paratransit service or is within one-half (1/2) mile to fixed bus route service that operates at least eight (8) times per day, the ratio shall not exceed three-tenths (3/10) spaces per unit, inclusive of handicapped and guest parking.
If the total number 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.
5. 
The city shall not apply any development standard that would have the effect of precluding the construction of a housing development meeting the requirements of section 17.50.020 at the densities or with the concessions or incentives permitted by this section. An applicant may submit to the city a proposal for the waiver or reduction of development standards. Nothing in this subsection, however, shall be interpreted to require the city to waive or reduce development standards if the waiver or reduction would have a specific adverse impact, as defined in Section 65589.5(d)(2) of the California Government Code, upon public health, safety or the physical environment 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.
6. 
This section does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the city, or the waiver of fees or dedication requirements.
(Ord. 473 § 3, 2007; Ord. 533 § 2(part), 2018)

§ 17.50.040 Location Of Bonus Units.

The location of density bonus (inclusionary) units shall be reasonably dispersed throughout the development (where feasible), shall contain on average the same number of bedrooms as the noninclusionary units in the development, and shall be indistinguishable from the noninclusionary units in terms of design, appearance, materials, and finish quality.
(Ord. 473 § 3, 2007; Ord. 533 § 2(part), 2018)

§ 17.50.050 Continued Availability.

A. 
If a housing development providing low- or very low-income rental target units receives a density bonus, with or without any additional incentive, the rental target unit must remain restricted, through deed restriction or other legally binding instrument, to low- or very low-income households for a minimum of fifty-five (55) years from the date of issuance of the certificate of occupancy.
B. 
In the case of a housing development providing for sale very low-, low-, or moderate-income target units, the initial occupant of the target unit must be a person or family of very low, low, or moderate income, as required, and the units must be offered at an affordable housing cost, as that cost is defined in Section 50052.5 of the California Health and Safety Code. Upon resale, the seller of the target units shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The city shall recapture any initial subsidy, as defined herein, and its proportionate share of appreciation, as defined herein, which amount shall be used within five (5) years for any of the purposes described in Section 33334.2(e) of the California Health and Safety Code that promote homeownership.
1. 
The city's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to very low-, low-, or moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.
2. 
The city's proportionate share of appreciation shall be equal to the ratio of the city's initial subsidy to the fair market value of the home at the time of initial sale.
(Ord. 473 § 3, 2007; Ord. 533 § 2(part), 2018)

§ 17.50.060 Process And Conditions Of Approval.

The density bonus and concession or incentive requests shall be considered by the city council after the designated approving authority approves any necessary permits.
(Ord. 473 § 3, 2007; Ord. 533 § 2(part), 2018)

§ 17.51.010 Purpose.

The purpose of this chapter is to enhance the public welfare by meeting the city's regional share of housing needs, assisting in the implementation of the housing element goals, policies, and programs, and ensuring compatibility between future housing development and housing units affordable to persons of very low, low and moderate income by requiring that developable land in the city is utilized in a manner consistent with state and local land use and housing policies.
(Ord. 492 § 1(part), 2011)

§ 17.51.020 Definitions.

For the purposes of this chapter the following definitions shall apply:
1. 
"Administrative manual"
means the manual prepared pursuant to section 17.51.030.
2. 
"Affordable"
means a cost for housing, whether for an owner-occupied or rental unit, that does not exceed "affordable housing cost" as set forth in California Health and Safety Code section 50052.5.
3. 
"Affordable housing agreement"
means an agreement between the city and the applicant governing how the applicant shall comply with this chapter.
4. 
"Affordable housing plan"
means a plan submitted to the city by the applicant that demonstrates the manner in which the applicant proposed to meet the requirements of this chapter.
5. 
"Applicant"
means a person or entity that applies for a residential development and, if the applicant does not own the property on which development is proposed, also means the owner or owners of the property.
6. 
"Appropriate authority"
means that person, official, or body designated by city regulations to hear, grant, deny, modify, condition, revoke, or otherwise act on permits required by the city's regulations.
7. 
"Approval"
means approval by the appropriate authority of any discretionary permit for residential development, including but not limited to subdivision approval, use permit approval, planned unit development approval and, if no other discretionary approval is required, a building permit for residential development.
8. 
"Building permit"
means a permit issued by the city building inspection department authorizing construction of one or more dwelling units.
9. 
"Dwelling"
means any structure or portion thereof designed or used as the residence or sleeping quarters of a household, including a live/work unit.
10. 
"First approval"
means the first approval, as the term "approval" is defined in this chapter, to occur with respect to a residential project.
11. 
"For-sale inclusionary unit"
means an inclusionary unit that is designated in an affordable housing agreement to be sold to a household eligible under this chapter.
12. 
"Household"
means one or more individuals who occupy one dwelling unit as a single housekeeping unit, whether or not related by blood or marriage.
13. 
"Housing authority"
means the housing authority of the county of Monterey.
14. 
"HCD"
means the state of California Department of Housing and Community Development.
15. 
"HUD"
means the United States Department of Housing and Urban Development.
16. 
"In-lieu fee"
means a fee paid in the manner specified in this chapter in place of constructing an inclusionary housing unit.
17. 
"Low income inclusionary unit"
means an inclusionary unit reserved for occupancy by low income households at an affordable rent or sales price.
18. 
"Low income household" or "lower income household"
means a household, including a very low income household, with an annual income which does not exceed HUD's annual determination for low income households with incomes of eighty percent (80%) of the median income, adjusted for household size.
19. 
"Market rate unit"
means a unit that is not subject to the rental, sale, or resale provisions of this chapter.
20. 
"Median income"
means the annual median income for Monterey County, adjusted for household size, as published periodically in Title 25 California Code of Regulations section 6932.
21. 
"Mixed use"
means the combination of two (2) or more housing unit types, such as single-family and multifamily.
22. 
"Mixed housing type"
means the combination of two (2) or more housing unit types, such as single-family and multifamily.
23. 
"Moderate income inclusionary unit"
means an inclusionary unit reserved for occupancy by moderate income households at an affordable rent or sales price.
24. 
"Moderate income household"
means a household, including a low income household and a very low income household, with an annual income which does not exceed one hundred twenty percent (120%) of the median income, adjusted for household size.
25. 
"Pending development"
means a residential development for which an application for a first approval was deemed complete by the city on or before the effective date of the ordinance codified in this chapter, so long as the number of dwellings does not increase after the first approval.
26. 
"Qualified nonprofit housing corporation"
shall mean CHISPA, the housing authority of Monterey County, or any other nonprofit housing corporation approved by the city.
27. 
"Rental inclusionary unit"
means an inclusionary unit designated in an affordable housing agreement to be rented to a household eligible under this chapter.
28. 
"Residential development"
means any project requiring subdivision approval, use permit approval, any other discretionary permit approval, building permit, or a combination thereof, for which an application or applications are submitted to the city and which would, by the construction or alteration of structures or the creation of new or additional lots, potentially allow the development of five (5) or more new or additional dwelling units, if approved.
29. 
"Subdivision"
means a subdivision as that term is defined by the California Subdivision Map Act.
30. 
"Unit"
means any structure or portion thereof designed or used as the residence or sleeping quarters of a household, including a live/work unit.
31. 
"Utilities"
means costs for water, sewer, garbage collection, electricity, gas, and other heating, cooking and refrigeration fuels.
32. 
"Very low income inclusionary unit"
means an inclusionary unit reserved for occupancy by very low income households at an affordable rent or housing cost.
33. 
"Very low income household"
means a household with an annual income not exceeding HUD's annual determination for very low income households, with an annual income which does not exceed fifty percent (50%) of the median income, adjusted for household size.
(Ord. 492 § 1(part), 2011)

§ 17.51.030 Administrative Manual.

The council shall adopt an administrative manual, approved as to form by the city attorney, that shall include guidelines intended to provide assistance in the interpretation and implementation of this chapter, including income and maximum asset guidelines for households residing in inclusionary units and units assisted by in-lieu fee proceeds. All mandatory provisions of such manual, when adopted, shall bind applicants, inclusionary unit residents, and other private parties subject to this chapter. Maximum permitted sales and rental prices shall be governed by the administrative manual. The city manager or his or her designee is authorized and directed to amend the administrative manual from time to time, without action by the city council, as necessary to incorporate amendments to this chapter or as otherwise necessary or appropriate to carry out the provisions and purposes of this chapter. The administrative manual also may be amended from time to time by resolution adopted by the city council. All amendments to the administrative manual shall be approved as to form by the city attorney.
(Ord. 492 § 1(part), 2011)

§ 17.51.050 Development Requiring Inclusionary Contribution.

A. 
Except as expressly provided in subsection B of this section, all residential developments, as defined in subsection 17.51.020(25), shall contribute to the provision of housing for very low, low, and moderate income households in the city.
B. 
Residential developments meeting one of the following criteria shall not be required to comply with this chapter provided the city council makes written findings supporting the determination that one or more of the following applies:
1. 
Existing residences which are altered, improved, restored, repaired, expanded or extended; provided, that the number of units is not increased, except that this chapter shall pertain to the subdivision of land for the conversion of apartments to condominiums;
2. 
The construction of a new residential structure which replaces a residential structure that was destroyed or demolished within two (2) years prior to the approval of a building permit for the new residential structure; provided, that the number of residential units is not increased from the number of residential units of the previously destroyed or demolished residential structure;
3. 
Those residential units which have obtained approval of a vesting tentative map or a development agreement prior to the effective date of the ordinance codified in this chapter;
4. 
As a result of unusual or unforeseen circumstances, it would not be appropriate to apply, or would be appropriate to modify, the requirements of this chapter because the project, by covenant or other legally binding restriction, restricts occupancy of fifty percent (50%) or more of the units to occupancy by very low and/or low income residents; or
5. 
The application for the project was complete prior to the adoption of the ordinance codified in this chapter.
C. 
Residential developments may be exempted from all or a portion of the requirements of this chapter, at the recommendation of the planning commission and as approved by the city council, provided the city council makes written findings supporting the determination that two (2) or more of the following situations exist at the time of project approval:
1. 
Economic conditions at the time of project approval are such that the average fair market value of for-sale residential units within the city boundaries is at or below the for-sale price for an inclusionary unit as set forth in the administrative manual; and
2. 
The average rental rates within the city boundaries are at or below rental rates for inclusionary units as set forth in the administrative manual; or
3. 
The number of affordable or government-subsidized units within a one-half mile radius from a proposed development exceeds twenty percent (20%) of the total number of units when including the total number of existing, approved and applicant-proposed units; or
4. 
Development of off-site affordable housing is proposed in a targeted growth area designated for infill growth to meet the objectives of California SB 375; or
5. 
A developer has proposed to provide significant amenities above and beyond those required as a result of the development to the benefit of the city as determined in an applicable development agreement; or
6. 
An applicant developing multiple properties within the city may redistribute affordable housing obligations in a manner acceptable to the city, if entitlements for all properties have been completed; or
7. 
The proposed payment of in-lieu fees (as determined per the administrative manual) to the LMI Housing Fund will result in significant contributions to an identified city-sponsored affordable housing project.
(Ord. 492 § 1(part), 2011)

§ 17.51.060 Inclusionary Requirements.

All residential development consisting of five (5) or more units or lots in the city shall provide inclusionary units on site, in accordance with the provisions of this chapter. The city's density bonus ordinance shall be applicable to proposed projects which conform to the density bonus ordinance requirements. Multifamily projects designed as rental projects shall require a set-aside of twenty percent (20%) of the units as inclusionary rental units. Traditional subdivision projects shall require a set aside of twenty percent (20%) of the units as for-sale inclusionary units. Both mixed use projects and projects of mixed housing type shall require a set-aside of twenty percent (20%) of the units included in the development as inclusionary units; however, the number and type of rental inclusionary units and for-sale inclusionary units shall be determined on a case-by-case basis and set forth in the affordable housing agreement.
A. 
Multifamily Rental Inclusionary Units: For multifamily rental inclusionary units ten percent (10%) of the total units in the development shall be set aside for low income households and ten percent (10%) of the total units in the development shall be set aside for very low income households.
B. 
Non-Multifamily Rental Inclusionary Units: For rental units other than multifamily units, ten percent (10%) of the total units in the residential development shall be set aside for low income households and ten percent (10%) shall be set aside for moderate income households.
C. 
For-Sale Inclusionary Units: For for-sale inclusionary units, ten percent (10%) of the total units in the development shall be set aside for moderate income households and ten percent (10%) of the total units in the development shall be set aside for low income households.
1. 
Where the number of required moderate income units is not a whole number, the fractional units required shall be added to the number of low income inclusionary units required.
2. 
If the resultant number of low income units is not a whole number, the fractional units required shall be added to the number of very low income units required.
3. 
Where (after any addition of fractional units under the preceding sentences) the number of very low income inclusionary units required is not a whole number, the applicant shall either include the next higher whole number of very low income inclusionary units or elect to pay a fractional unit in-lieu fee for the fractional unit in the amount provided in section 17.51.080.
D. 
The size, design, and location of inclusionary units shall be consistent with the city general plan, zoning ordinance, and other city ordinances and building standards. The inclusionary units shall be substantially the same in type of units as the market rate units and externally compatible in materials and architecture. However, on a case-by-case basis, the number of each type of unit (e.g., single-family, duplex, townhouse, etc.) and the number of for-sale and rental units, may deviate from the standards of this chapter, provided the city council makes written findings supporting the determination that such deviation(s) are consistent with the intent of this chapter and that the total number of inclusionary units complies with the requirements of this chapter. The number of each type of inclusionary unit and the number of for-sale inclusionary units and rental inclusionary units shall be set forth in the affordable housing agreement. An application for each deviation as required by the zoning ordinance or any other city ordinance, such as (but not limited to) an application for a planned unit development or rezoning, shall be submitted by the applicant and processed in the same manner as other similar applications.
1. 
Compliance may be accomplished by the developer alone or in combination with others, including without limitation the housing authority of Monterey County, CHISPA, or another nonprofit housing corporation approved by the city.
2. 
In the event that the affordable housing agreement includes a provision for the construction of inclusionary units by a qualified nonprofit housing corporation, the pacing of construction of the market rate units shall not be tied to the pacing of construction of the inclusionary units unless otherwise specified in the affordable housing agreement or the conditions of approval.
(Ord. 492 § 1(part), 2011)

§ 17.51.070 On-Site Inclusionary Units.

A. 
To satisfy its inclusionary requirements on site, a residential development must construct inclusionary units in an amount equal to or greater than twenty percent (20%) of the total number of units approved for the residential development (except to the extent a fraction of a unit would be required, for which the applicant shall either construct a unit or substitute a fractional unit fee). Initial and subsequent affordability levels and eligible occupants of the inclusionary units shall conform to the requirements of this chapter.
B. 
Inclusionary units must be constructed as set forth below.
1. 
Receive building permits and certificates of occupancy either prior to or concurrently with the remainder of the residential development;
2. 
Be compatible in exterior materials and architecture with the other units in the residential development; however, interiors may differ to the extent authorized in the affordable housing agreement;
3. 
Be dispersed throughout the residential development to the extent feasible or as otherwise provided by the affordable housing agreement;
4. 
Contain or exceed the average number of bedrooms in the development's market-rate units; however, size of bedrooms may differ to the extent authorized in the affordable housing agreement.
(Ord. 492 § 1(part), 2011)

§ 17.51.080 In-Lieu Fees.

Projects may pay a fee in lieu of constructing affordable units in accordance with the provisions of this section.
A. 
Qualification for In-Lieu Fee: The developer of a residential development containing five (5) or more units may elect to pay a fee in-lieu of providing a required inclusionary unit only if the twenty percent (20%) obligation results in a fractional unit and only as to that fractional unit.
B. 
Fee Amount: The fee amount shall be determined and shall be included in the affordable housing agreement as follows:
1. 
The fee shall be twenty percent (20%) of the cost of developing the average market-rate unit proposed for the development multiplied by the number of inclusionary units for which the fee is being paid.
2. 
The city shall prepare a table that identifies in-lieu fee amounts based on criteria stated in the administrative manual. The council shall adopt an annual in-lieu fee table by resolution and shall update it on an annual basis; however, the previous year's table shall remain in effect until such time as the table is updated.
C. 
For approved projects that are being developed in one phase, payment of in-lieu fees shall be made in full to the city prior to recordation of parcel or final maps or, where the residential development is not subject to subdivision approval, prior to issuance of the first building permit for the development. For projects that are being developed in more than one phase, the requirements of this section may, at the applicant's discretion, be accomplished on a phase-by-phase basis, with in-lieu fees paid prior to the issuance of building permits for each phase.
(Ord. 492 § 1(part), 2011)

§ 17.51.090 Development Project Approval.

A. 
From and after the effective date of the ordinance codified in this chapter, a residential development application will not be deemed complete until the applicant has an affordable housing plan that demonstrates the manner in which the applicant proposes to meet the requirements of this chapter, including any plans that indicate location of on-site units or intent to pay in-lieu fees.
B. 
Conditions to carry out this chapter shall be imposed on the first approval of a residential development. When granting the first approval, the appropriate authority shall determine and include as a condition of approval:
1. 
The method of compliance with this chapter, including whether the residential development will comply with this chapter through provision of on-site units or payment of an in-lieu fee or combination thereof;
2. 
If inclusionary units are to be provided, the number of units and, if applicable, the fractional amount of units for which an in-lieu fee will be paid; and
3. 
Such other matters as the appropriate authority deems proper.
C. 
The conditions of approval shall further provide that prior to the recordation of the parcel map or final map in the case of subdivisions and/or prior to the issuance of building permits in the case of all other land use permits to which this chapter applies, the applicant shall enter into an affordable housing agreement acceptable to the city that contains specific requirements implementing the conditions of approval including, but not limited to, as applicable, the number of inclusionary units, the level(s) of affordability, location and type of inclusionary units, timing of construction of inclusionary units in relation to the construction of the market rate units in the development, preferences given in selecting occupants, and amount of the in-lieu fee, if any.
1. 
The affordable housing agreement may be amended by the parties in the same manner in which it was adopted, provided the amendment is consistent with the conditions of approval and any subsequent city approvals, including specifically the number of on-site units provided for in the original affordable housing agreement.
2. 
The imposition of conditions on the first approval pursuant to this chapter does not preclude the appropriate authority from imposing such other conditions as may be required by this chapter when acting on a subsequent application for a subsequent approval for all or part of the same residential development.
D. 
Where a residential development receives a subdivision approval, the final subdivision map or parcel map that is to be filed and recorded shall include a notation, in a form acceptable to the city attorney and consistent with the Subdivision Map Act, describing the conditions of approval to comply with this chapter.
E. 
Any determination made by the appropriate authority to implement this chapter in connection with granting a first approval may be appealed pursuant to the appeal provisions of the city code or other applicable appeal provisions by which the first approval may be appealed.
(Ord. 492 § 1(part), 2011)

§ 17.51.100 Occupancy And Continuing Availability Of Units.

A. 
Inclusionary rental units shall remain restricted and affordable to the designated income group for a minimum of fifty-five (55) years. In addition to the income of a targeted group, limitations on assets may also be used as a factor in determining eligibility for rental or for sale units. Notwithstanding anything to the contrary in this chapter, no inclusionary unit shall be rented for an amount which exceeds ninety percent (90%) of the actual rent charged for a comparable market unit in the same development, if any.
1. 
Rental inclusionary units shall be rented only to eligible households, at affordable rents for the relevant income category, and pursuant to any further requirements set forth in the affordable housing agreement or other relevant documents pursuant to this chapter.
2. 
All leases or rental agreements for rental inclusionary units shall require annual certification by the city or its designee to determine, at a minimum, the rental cost of the unit, any other relevant charges to the tenant, tenant household income, and the inclusion of a provision prohibiting subletting or assignment of the inclusionary unit to an unqualified tenant shall be certified annually.
B. 
For-sale inclusionary units shall be sold only to eligible households at prices affordable to such households and pursuant to further requirements of resale restrictions as determined by the affordable housing agreement and other provisions of this chapter. The initial maximum sale price of the inclusionary unit to the first purchaser shall be determined by the appropriate authority, pursuant to a method set forth in the administrative manual. Similar restrictions shall be required of subsequent owners at the time they acquire the unit.
1. 
After the initial sale of the inclusionary for-sale units at a price affordable to the target income level group, inclusionary for-sale units shall remain affordable to subsequent income eligible buyers pursuant to a resale restriction with a term of forty-five (45) years. For-sale units may be sold at market price under the conditions set forth in this section and consistent with the administrative manual.
a. 
Base Resale Price: The price at which the owner purchased the affordable unit shall be adjusted by the percentage increase or decrease in the median annual income at one hundred percent (100%) of median of a family of four (4) in Monterey County.
b. 
The percentage increase or decrease shall be computed for the period that the affordable unit is held by the owner.
c. 
This adjusted price shall be increased by the market value, if any, of any documented, permanent capital real estate or fixed improvements approved by the city.
d. 
The maximum permitted resale price shall be reduced to the extent the unit has been adversely affected in value by deficient or deferred maintenance. To facilitate a determination by the building official concerning maintenance at the time of resale, the seller shall comply with any applicable requirements in the administrative manual.
e. 
Where an owner has lawfully added a bedroom to a for-sale inclusionary unit, the maximum resale price of the unit shall be calculated based on the existing number of bedrooms and assuming a household size corresponding to the total number of bedrooms, including the added bedroom.
f. 
The administrative manual or the affordable housing agreement for the project may provide for a ceiling that limits the resale price increases resulting from the modification in subsection B1c of this section.
g. 
No price adjustment will be made except upon presentation to the city of written documentation of all expenditures made by the owner for which an adjustment is requested.
h. 
The adjusted price shall be decreased by the amount necessary to repair any damages and to put the unit into a sellable condition, including items such as paint, cleaning, construction repairs, and to bring said unit into conformity with all applicable provisions of the Greenfield Municipal Code and the affordable housing guidelines contained in the administrative manual established by the city. The value of price adjustments shall be reasonably determined by the city.
2. 
Upon resale of the unit, if the affordable unit is sold at market price, the city will receive the difference between the base resale price and the actual market sales price of the unit.
3. 
Funds recaptured by the city shall be used in assisting other eligible households with home purchases at affordable prices. To the extent possible, projects using for-sale units to satisfy inclusionary requirements shall be designed to be compatible with conventional mortgage financing programs including secondary market requirements.
C. 
Transfer of a for-sale inclusionary unit to a child(ren), stepchild(ren), or a parent(s) upon the death of the owner(s) shall be permitted without regard to any otherwise applicable preferences or waiting list priority for successor owners only if findings are made by the appropriate authority that:
1. 
The child(ren), stepchild(ren), or parent(s) was, at the time of the owner's(s') death, a legal resident in the unit;
2. 
The child(ren), stepchild(ren), or parent(s) is of sufficient age to enter into a contract;
3. 
The household of the child(ren), stepchild(ren), or parent(s) would be eligible based on income to purchase the unit; and
4. 
The child(ren)'s, stepchild(ren)'s, or parent's(s') household will continue to occupy the unit;
5. 
A child(ren), stepchild(ren), or parent(s) that is a current legal resident of the inclusionary unit at the time of the owner's(s') death, regardless of any otherwise applicable preferences or waiting list priority, shall be entitled to occupy a for-sale inclusionary unit after the death of the prior owner, for a period not to exceed one year, without regard to otherwise applicable resale requirements of this chapter, but subject to any applicable provisions of the administrative manual or the affordable housing agreement. However, within nine (9) months of the date of the owner's(s') death, the unit shall either:
a. 
Be transferred to ownership by the child(ren), stepchild(ren), or parent(s) (if the household is eligible and applies for transfer of ownership); or
b. 
Be offered for sale in conformance with this chapter, with appropriate documents recorded against the unit under this chapter for the city's benefit.
D. 
All resale restrictions shall authorize the city or its designee to purchase any affordable for-sale inclusionary unit at the maximum resale price which could be charged to a purchaser household (less an allowance for the real estate commission avoided by the city's purchase), at any time the owner(s) proposes sale, prior to the owner's(s') acceptance of a binding offer to purchase from another eligible party.
E. 
For-sale inclusionary units may be refinanced or used as security for additional financing, to the extent provided in the administrative manual.
F. 
Resale restriction documents may prohibit or limit leasing or rental of inclusionary for-sale units.
G. 
Terms of Affordability: For rental inclusionary units, affordability and occupancy restrictions shall remain in effect for a period of fifty-five (55) years from the date of the initial rental and any subsequent rental, and for for-sale inclusionary units, affordability and occupancy restrictions shall remain in effect for a period of forty-five (45) years from the date of recording of the initial sale and any subsequent sale. For both for-sale and rental inclusionary units, the applicable affordability and occupancy restrictions shall apply to any replacement structure or structures that may be constructed in the event that a structure containing an inclusionary unit or units is demolished or destroyed; provided, that if demolition or destruction of a structure containing inclusionary units occurs twenty-five (25) years or more after recording of the restrictions and said demolition or destruction was unintentional, restrictions on the units in the structure shall terminate on demolition or destruction.
H. 
Maintenance and Insurance: Regulatory agreements and resale restriction documents shall include maintenance and insurance requirements for affordable units.
I. 
Approval and Recording of Documents: The city shall establish the form and content of documents required or authorized under this section, and approved as to form by the city attorney. Regulatory agreements and resale restriction documents may provide for specific affordability and/or occupancy requirements for particular affordable units, consistent with this chapter and with the terms of the project's affordable housing agreement. These documents shall be executed by the record owner(s) of affected property, approved as to form by the city attorney, and recorded in the official records of the city.
J. 
Occupancy: Initial and subsequent occupancy of inclusionary units shall be consistent with conditions and requirements stated in the administrative manual.
K. 
Marketing and Selection of Participants: The administrative manual shall set forth marketing and selection policies and procedures for inclusionary units. The manual shall contain policies that provide preferences for the purchase and rental of units by households with members who live or work in the city. The city or its designee shall review the income qualifications of potential applicants. If the city maintains a list or lists of eligible households, it may require that households occupying affordable units shall be selected from one or more of such lists.
(Ord. 492 § 1(part), 2011)

§ 17.51.110 Collection And Use Of In-Lieu Fee.

A. 
Any monies received by the city pursuant to this chapter or from other sources for the express purpose of the provision of affordable housing in the city shall be used to provide very low, low and/or moderate income housing within the city, except to the extent allocated to monitoring, enforcement, and administrative costs.
B. 
Annually, if funds are available beyond those that the city intends to use for monitoring, enforcement, administrative costs or the implementation of the city's own affordable housing programs, the city shall advertise by notice in newspapers of local circulation, and other such written notice as deemed necessary, availability of funds for the provision of very low, low, and/or moderate income housing in the city. Included in such notice shall be an invitation to submit proposals and requests for funds to provide such housing in the city. Proposals submitted for funding shall be in accordance with the city council's housing priorities, as set forth in the housing element. Each proposal for funding shall be reviewed by staff and submitted with a recommendation to the council for final approval. The request may be for grants, low interest loans, and other funding mechanisms deemed appropriate to secure the purpose of this chapter. The proposals may be for pre-development projects and services, projects to promote very low, low, or moderate income housing units, rehabilitation, land acquisition, unit purchase, development of infrastructure, or other projects deemed appropriate to secure the purpose of this chapter.
C. 
Upon authorization for funding, the city and the grantee shall enter into a contract to ensure that the proposed project activities in the approved proposal and funding request are satisfactorily completed. No warrant shall be issued until such contract is completed, reviewed as to form by city legal counsel, and signed by the appropriate parties.
D. 
For units assisted with the proceeds of in-lieu fees, the city shall establish standards for eligibility of very low, low and/or moderate income households and shall adopt policies that provide preferences for the occupancy of such units by eligible households with members who live or work in the city.
(Ord. 492 § 1(part), 2011)

§ 17.51.120 Enforcement.

A. 
No permit, license, subdivision approval, map, or other approval or entitlement for a residential development shall be issued, including without limitation a final inspection for occupancy or certificate of occupancy, until all applicable requirements of this chapter have been satisfied.
B. 
In the event of a violation of any provision of this chapter or the contravention of any requirement imposed pursuant to this chapter, the city may in its discretion, in addition to all other remedies, take such enforcement action as is authorized under the city code as well as any other action authorized by law or by any regulatory document, restriction, or agreements executed under this chapter.
(Ord. 492 § 1(part), 2011)

§ 17.51.130 Monitoring.

A. 
Owners and occupants of property subject to restrictions pursuant to this chapter shall permit city employees or others designated by the city to inspect the property upon two (2) business days' advance written notice. Owners or property subject to restrictions pursuant to this chapter shall retain all records related to compliance with obligations under this chapter for a period of not less than five (5) years and shall make such records available to city employees or others designated by the city for inspection and copying upon five (5) business days' advance written notice. The city shall be further entitled to monitor compliance with this chapter as provided in the administrative manual and in documents executed with respect to any residential development and/or inclusionary unit.
B. 
Periodic Evaluation: The planning commission and city council shall annually, or more often at the commission or council's discretion, evaluate the effectiveness of the inclusionary housing program in addressing the city's housing goals and policies and may propose modifications as necessary. No modification of the inclusionary housing program shall be adopted without prior public notice and hearing as provided for by law.
(Ord. 492 § 1(part), 2011)

§ 17.52.010 Purpose:

This chapter provides regulations for the installation, construction, and placement of fences on private property. For the purposes of this title, the term "fence" includes fences or walls. It is the intent of this chapter to regulate the height and location of fences to provide light, air, and privacy without obstructing views, to establish buffers between different land uses, and to safeguard against visual obstructions at the intersections of streets and/or driveways.
(Ord. 473 § 3, 2007)

§ 17.52.020 Permit Requirements And Exceptions:

Unless otherwise listed as exempt below, administrative design review shall be required for fences and walls. Fences and walls may be reviewed as part of an associated project. The following fences and walls are exempt from land use or development permit approval: The provisions of this section shall not apply to a fence or wall required by any law or regulation of the city (including temporary construction site fencing), state, or any state agency (including the board of education).
(Ord. 473 § 3, 2007)

§ 17.52.030 Location And Height Restrictions:

A. 
Location: Fences or walls may not block an approved drainage system or existing surface water runoff pattern.
B. 
Maximum Allowed Heights: Fences and walls shall not exceed the maximum heights shown in table 17.52-1 of this section.
TABLE 17.52-1
MAXIMUM HEIGHT OF FENCES AND WALLS
Location of Fence/Wall
Maximum Height
Front setbacks or 15 feet, whichever is greater
3 feet
Rear and side setbacks >15 feet from front setback
6 feet
At intersections of streets, alleys, within the clear visibility area and driveways
3 feet
Note:
1. As part of design review or other discretionary entitlement, the designated approving authority may grant additional height to enclose or screen specific areas or uses or for fences and walls designed for noise attenuation.
C. 
Height Measurement: Fence height shall be measured from the finished grade at the base of the fence to the uppermost part of the fence; except when there is a difference in the ground level between two (2) adjoining parcels of two feet (2') or more, the maximum allowed height of a fence or wall shall be determined by the planning director.
(Ord. 473 § 3, 2007)

§ 17.52.040 Fence And Wall Design Standards:

A. 
Fencing Materials: Fences and walls shall be constructed of attractive, long lasting materials such as masonry, stone, metal, or wood (1 inch nominal thickness boards, minimum on 4 x 4 framing members). Masonry and stone walls must have structural footings, and owner shall obtain a building permit prior to construction.
B. 
Prohibited Fencing Materials: Unless approved as a condition of approval or in conjunction with another entitlement, walls or fences of sheet or corrugated iron, steel, concertina wire or aluminum, are prohibited with the exception of ornamental fences as consistent with applicable design guidelines. Barbed wire fencing shall not be constructed or placed on top of a fence except in industrial areas. A conditional use permit is required for barbed wire fencing abutting residential or commercial uses.
C. 
Graffiti Resistant Surface: Graffiti resistant treatment shall be applied to all masonry and concrete walls.
(Ord. 473 § 3, 2007)

§ 17.52.050 Special Fence And Wall Requirements:

A. 
Outdoor Storage Screening: Outdoor storage (including all dumpsters, commercial equipment, commercial construction or industrial related materials and equipment within commercial zones) shall be screened in a manner that is attractive and visually compatible with the principal use andlor structure that it serves. Such screening shall utilize enclosures such as, but not limited to, fences, walls, landscaping, or earthen berms, so that no outdoor storage is visible from any public right of way, parks, public trails and adjacent properties. Screening shall also comply with provisions of applicable design guidelines.
B. 
Special Fencing For Industrial Use: In industrial zones, company vehicles less than one ton do not require screening and may be parked behind the required landscape area with or without security fencing, as set forth in this division. Company vehicles exceeding one ton that are permitted on the public highways and used in the daily operation of the company may be parked within the buildable portion of the lot without screen fencing.
C. 
Temporary Fences: Nothing in this chapter shall be deemed to prohibit the erection of a temporary fence around construction projects in compliance with the building code and other applicable provisions of this code.
D. 
Maintenance: Fences, walls, and hedges shall be continuously maintained in an orderly and good condition, at no more than their maximum allowed height.
(Ord. 473 § 3, 2007)

§ 17.54.010 Purpose:

The purpose of this chapter is to establish minimum landscape standards to enhance the appearance of developments, reduce heat and glare, control soil erosion, conserve water, establish a buffer and/or screen between residential and nonresidential land uses, and to ensure the ongoing maintenance of landscape areas. Additional provisions regarding tree removal and replacement are listed in applicable design guidelines.
(Ord. 473 § 3, 2007)

§ 17.54.020 Applicability:

The provisions of this chapter apply to all land uses as follows:
A. 
New Projects: New nonresidential projects, multifamily residential projects, and single-family residential subdivisions shall provide landscaping in compliance with the requirements of this chapter.
B. 
Existing Development: Where an existing nonresidential development proposes an amendment that increases the building square footage by ten percent (10%) or more, the designated approving authority for design review shall evaluate the existing landscape to ensure compliance with applicable provisions of this chapter as deemed necessary.
C. 
Alternative Requirements: In conjunction with a development application, the designated approving authority may grant modifications to the standards of this chapter to accommodate alternatives to required landscape materials or methods where the designated approving authority first determines that the proposed alternative will be equally effective in achieving the intent of this chapter.
(Ord. 473 § 3, 2007)

§ 17.54.030 Landscape Plan Requirements:

A. 
Preliminary Landscape Plans: Preliminary landscape plans shall be submitted in conjunction with all design review projects. The preliminary landscape plan is a conceptual plan that depicts general descriptions of types, locations, and quantities of planned landscaping and shall be prepared by a landscape architect registered to practice in the state of California. Submittal requirements are listed on the current permit application forms.
B. 
Final Landscape And Irrigation Plans: Final landscape and irrigation plans shall be submitted in conjunction with improvement plans prior to the issuance of building permits for all new development projects. Such plans shall be prepared by a landscape architect registered to practice in the state of California. Submittal requirements are listed on the current permit application forms. Changes to approved landscaping or irrigation plans shall not be made without prior written approval of the planning director. The construction/installation of landscape and irrigation improvements shall be accomplished in compliance with the approved plans as a prerequisite to any final approval/clearance of the use or development to which it relates.
(Ord. 473 § 3, 2007)

§ 17.54.040 Landscape Development Standards:

A. 
General Location For Landscape Improvements: Landscaping shall be provided in the following locations for all types of developments, unless the designated approving authority determines that the required landscape is not necessary to fulfill the purposes of this chapter. Supplemental landscape design provisions are listed in the applicable city of Greenfield design guidelines.
1. 
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 setbacks and minimum landscape areas are listed in table 17.54-1 of this section.
2. 
Unused Areas: All areas of a multi-family or nonresidential project site not intended for a specific use (including areas planned for future phases of a phased development) shall be landscaped with native vegetation, wildflowers, native grasses or city approved ornamental plants.
3. 
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.
B. 
Landscape Area Requirements By Zoning District: Minimum landscape area requirements are listed below by zoning district consistent with division III, "Zoning Districts, Allowable Uses, And Development Standards", of this title:
TABLE 17.54-1
MINIMUM LANDSCAPE REQUIREMENTS BY ZONING DISTRICT
Zoning Districts
Minimum Landscape Coverage1, 3 (Percent)
Minimum Landscape Planting Width (Feet)
Abutting Street2
Abutting Interior Property Line
Abutting Residential Property
Agricultural
A-V
25
15
10
15
Residential
R-E
25
15
10
10
R-L
25
15
10
10
R-M
25
15
5
5
R-H
20
8
5
5
Commercial
C-N
15
8
0
10
C-R
20
8
0
10
C-H
10
8
0
10
Professional office
P-O
15
8
0
10
Industrial
I-L
15
15
6
25
I-H
15
15
6
25
Public quasi-public
P-QP
15
8
10
10
Notes:
1. Minimum landscape coverage required is the minimum percentage of net lot area that must be maintained with a pervious surface, preferably landscape planting.
2. Listed planting widths are minimums. Established landscape corridors may be wider than the listed minimum, in which case the requirement is to comply with the landscape corridor provisions for a particular street and/or area.
3. Community gardens and green roofs may also count as landscape coverage.
C. 
Landscape Design And Planting Requirements: Landscape design and construction for new development shall be compatible with the surrounding urban and natural environment. Landscape planting for all new multi-family and nonresidential development shall comply with the plant type, size, and spacing provisions listed below.
1. 
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.
a. 
Planting design shall have focal points at project entries, plaza areas, and other areas of interest using distinct planting and/or landscape features.
b. 
As appropriate, building and site design shall include use of pots, vases, wall plantings, and/or raised planters, as well as flowering vines both on walls and arbors.
2. 
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.
a. 
Planting Layout And Plant Diversity: Plant selection shall vary in type and planting pattern. Informal planting patterns are preferred over uniform and entirely symmetrical planting patterns. Use of flowering trees and colorful planting are encouraged in conjunction with evergreen species. Groupings of shrubs shall contain multiple plant types, interspersed with varying heights and blooming seasons for year round interest.
b. 
Water Efficient Landscape: Consistent with the purposes of California Government Code section 65591 (water conservation in landscaping act), all new multi-family and nonresidential development shall comply with the city's current water efficient landscape ordinance.
c. 
Street And Parking Lot Trees: Street and parking lot trees shall be selected from the city's adopted master list of street trees and parking lot trees. A minimum of thirty percent (30%) of the street trees and parking lot trees, respectively, shall be an evergreen species.
d. 
Public Improvement Protection: Trees planted within ten feet (10') of a street, sidewalk, paved trail, or walkway shall be a deep rooted species or shall be separated from hardscapes by a root barrier to prevent physical damage to public improvements.
3. 
Planting Size, Spacing, And Planting 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 planting widths (inside measurement) are as follows:
a. 
Trees: The minimum planting size for trees shall be fifteen (15) gallon with one-third (1/3) of all trees on a project site planted at a minimum twenty four inch (24") box and two and one-half inch (2 1/2") caliper size. For nonresidential development, tree spacing within the perimeter planters along streets and abutting residential property shall be planted no farther apart on center than thirty feet (30'). Minimum planter widths for trees shall be between five (5) and ten feet (10'), consistent with the city adopted master tree list for street trees and parking lot trees.
b. 
Shrubs: Shrub planting shall be a minimum five (5) gallon size, with fifteen (15) gallon minimum size required where an immediate landscape screen is conditioned by the designated approving authority (e.g., screening of headlights from drive-through aisles). When planted to serve as a hedge or screen, shrubs shall be planted with two (2) to four feet (4') of spacing, depending on the plant species.
c. 
Ground Cover: Plants used for mass planting may be grown in flats of up to sixty four (64) plants or in individual one gallon containers. Rooted cuttings from flats shall be planted no farther apart than twelve inches (12") on center, and containerized woody, shrub ground cover plantings shall be planted no farther apart than three feet (3') on center in order to achieve full coverage within one year. Minimum planter width for ground cover is two feet (2'), with the exception of sod, which requires a minimum planting width of six feet (6').
d. 
Additional Spacing Provisions: Tree spacing shall ensure unobstructed access for vehicles and pedestrians and provide clear vision at intersections. Specifically, tree planting shall comply with the following spacing criteria: (1) Trees or shrubs with a full grown height equal to or greater than thirty inches (30") shall not be planted in any clear vision triangle. (2) A minimum distance of fifteen feet (15") is required between the center of trees and shrubs to street light standards.
(Ord. 473 § 3, 2007)

§ 17.54.050 Special Landscape Provisions:

A. 
Perimeter Landscape: Minimum width of perimeter landscape along adjoining streets and interior property lines are identified in section 17.54.040, table 17.54-1 of this chapter, within the perimeter landscape planter adjoining all streets, street trees shall be planted at a maximum spacing of thirty feet (30') on center, located between five (5) and ten feet (10') from the back of sidewalk. Within the perimeter landscape planting along interior property lines, screen trees shall be planted at a minimum spacing of thirty feet (30') on center, located between five (5) and ten feet (10') from the property line. Additionally, where nonresidential property abuts residential property, the required landscape planting shall include a minimum of twelve (12) trees and ten (10) shrubs for each one hundred feet (100') of landscape area.
B. 
Residential Landscape: For single-family and two-family residential zoning districts, a minimum of forty percent (40%) of the front yard area shall be pervious surface.
C. 
Parking Lot Landscape: Parking lot landscape includes perimeter plantings abutting parking lots and drive aisles, tree planting for parking lot shade, and a combination of continuous planting strips, planting fingers and parking islands throughout the parking lot. In addition to the perimeter landscaping required by this section, parking lots of five (5) spaces or more shall provide a landscaped island measuring a minimum of eight feet by sixteen feet (8' x 16') at a ratio of one island for every eight (8) spaces. As a minimum, the islands shall be placed every ten (10) spaces. All landscaping shall be within planters bounded by a curb at least six inches (6") high. No planter shall be smaller than twenty five (25) square feet, excluding curbing. Each planter shall include an irrigation system.
D. 
Parking Lot Screening: Landscaping within the perimeter planter abutting any street right of way shall be designed and maintained for partial screening of vehicles to a minimum height of thirty six inches (36"), measured from the finished grade of the parking lot. Screening materials may include a combination of plant materials, earthen berms, solid masonry walls, raised planters, or other screening devices authorized by the designated approving authority, which meet the intent of this screening requirement. Earthen berms shall be constructed with slopes no steeper than one vertical foot for each five (5) horizontal feet (20 percent slope), with a preferable two foot (2') wide crest on top of the mound.
E. 
Landscape Corridors: Existing sidewalks (except at street intersections) and bus turnouts may meander from a minimum of a five foot (5') setback to a maximum of twenty feet (20') from the edge of pavement. The parkway area between the public street and the sidewalk shall be landscaped and planted with a street tree at least every fifty feet (50'). The parkway shall be a minimum of eight feet (8') in width for the location of the street tree.
F. 
Buffering Between Uses: A landscape buffer shall be provided between residential and nonresidential uses and between single-family uses and multi-family uses containing three (3) or more units. Buffer areas shall include a minimum ten foot (10') wide planting strip with both deciduous and evergreen trees planted a maximum of thirty feet (30') on center.
G. 
Clear Vision Triangle: Planting materials shall be designed to ensure that planting within the clear vision triangle at driveway and street intersections will not exceed thirty inches (30") in height at full maturity.
H. 
Sound Walls/Masonry Walls: Where setback and open space areas are screened from public view by walls or similar approved structures, landscaping shall be provided such that fifty percent (50%) of the wall shall be covered by landscape material within five (5) years.
I. 
Screening Of Drive-Through Aisles: In order to screen vehicles in a drive-through lane and associated headlights from view of abutting street rights of way, a minimum three foot (3') tall landscape barrier shall be established along the outer edge of drive-through aisles.
J. 
Project Entry Landscaping: Entries to multi-tenant projects shall be designed as special statements reflective of the character and scale of the project in order to establish identity for tenants, visitors, and patrons. Flowering access plantings and specimen trees shall be used to reinforce the entry statement.
(Ord. 473 § 3, 2007)

§ 17.54.060 Irrigation:

Landscape areas shall be supported by a permanent, automatic irrigation system coordinated to meet the needs of various planting areas. Proper irrigation shall be provided for healthy plant growth and maturation, and shall be designed to avoid the watering of structures, public ways, and pedestrian access. Landscape designs shall meet the following requirements:
A. 
Design: Irrigation systems shall be designed to avoid runoff, excessive low head drainage, overspray or other similar conditions where water flows or drifts onto adjacent property, nonirrigated areas, walks, roadways or structures.
B. 
Automatic Controllers: Automatic controllers shall be set to water between seven o'clock (7:00) P.M. and ten o'clock (10:00) A.M. to reduce evaporation:
C. 
Irrigation Schedule: An irrigation schedule indicating irrigation timings for each of the four (4) seasons of watering cycles is recommended for all irrigated landscape areas, and is required for those projects with a total landscape area of two thousand five hundred (2,500) square feet or more.
D. 
System Requirements: Low volume irrigation systems with automatic controllers shall be required. Low volume irrigation systems include low volume sprinkler heads, dry emitters, and bubbler emitters.
(Ord. 473 § 3, 2007)

§ 17.54.070 Maintenance:

All landscaped areas shall be permanently maintained by watering, clearing of debris and litter, weeding, pruning, insect control, and replacement of plant materials and irrigation equipment as needed to preserve the health and appearance of plant materials. All landscaping shall be maintained in such a manner as to not restrict designated pedestrian access. All trees, shrubs, and plants which, due to accident, damage, disease, or other cause, fail to show a healthy growth shall be replaced, in kind, pursuant to the approved landscape plans within thirty (30) days from the identified damage date.
A. 
The owners of all landscaped property shall be responsible for the proper maintenance of the landscaping and irrigation systems.
B. 
If landscaping is not being properly maintained, the property owner shall be notified by the city. If after thirty (30) days from the city's notification the landscaping is still not being maintained, then the city may perform any type of maintenance necessary to ensure compliance with this section, the cost of which will be considered a lien on the property until paid in full by the property owner, tenant or their agent, if any.
C. 
The designated approving authority may require the applicant to post a maintenance bond or other performance assurance for a period not to exceed nine (9) months from the date of issuance of the certificate of occupancy or final installation of plant material, whichever is later, to ensure survival and maintenance of the required landscaping. The director shall be responsible for establishing the exact sum of the bond, which shall be based upon a reasonable replacement cost of all plant materials plus the cost of installation.
D. 
Trees and shrubs shall not overhang or encroach upon walkways, drives, parking areas, and traffic signs to the extent that they interfere with the use of these areas. Tree limbs which overhang public sidewalks shall be kept trimmed to a height of at least ten feet (10') above the sidewalk level. Tree limbs which overhang the street shall be kept trimmed to a height of at least thirteen feet (13') above the street level.
E. 
Grass and turf shall be kept free of weeds.
(Ord. 473 § 3, 2007)

§ 17.55.010 Purpose:

The purpose of this chapter is to identify and regulate minimum resource efficiency standards, requirements, and incentives for new construction including retrofitting, remodels, additions, alterations, condominium conversions and tenant improvements. These standards and requirements are designed to promote recycling, promote the use of resource efficient construction materials, promote water conservation, and promote energy efficiency in new and remodeled residential, industrial, and other nonresidential buildings.
(Ord. 473 § 3, 2007)

§ 17.55.020 Applicability:

A. 
Residential Development Requirements: Every discretionary residential project with a total liveable area over five thousand (5,000) square feet shall include all of the required resource efficiency features listed in subsection 17.55.030A of this chapter and two (2) of the resource efficiency features listed in subsection 17.55.030B of this chapter, or alternatively may be satisfied through conditions of approval at the discretion of the planning director.
B. 
Industrial Development Requirements: Every discretionary industrial project with a total conditioned area over ten thousand (10,000) square feet shall include all of the required resource efficiency features listed in subsection 17.55.030A of this chapter and one of the resource efficiency features listed in subsection 17.55.030B of this chapter, or alternatively may be satisfied through conditions of approval at the discretion of the planning director.
C. 
Nonresidential And Nonindustrial Development Requirements: Every discretionary nonresidential and nonindustrial project with a total conditioned area over ten thousand (10,000) square feet shall include all of the required resource efficiency features listed in subsection 17.55.030A of this chapter and two (2) of the resource efficiency features listed in subsection 17.55.030B of this chapter, or alternatively may be satisfied through conditions of approval at the discretion of the planning director.
(Ord. 473 § 3, 2007)

§ 17.55.030 Resource Efficiency Standards:

A. 
Required Resource Efficiency Features: All applicable projects as noted in section 17.55.020 of this chapter must include all general resource efficiency features in their project design, or alternatively through conditions of approval, at the discretion of the planning director as follows:
1. 
Construction Resources: Construction contractors shall implement a waste management and responsible construction materials program (WMRCMP) for all major discretionary projects, as outlined in section 17.55.020 of this chapter. The WMRCMP shall include everything listed below and shall be a condition of approval for applicable projects. The WMRCMP shall be reviewed and approved by the city of Greenfield building and planning department prior to issuance of building or demolition permits for said applicable development projects.
Construction contractors shall implement a Waste Management Recycling Program (WMRP) to be reviewed and approved by the City of Greenfield Building and Planning Department prior to issuance of building or demolition permits. Many natural resources are saved by recycling construction site waste, while salvaging, reusing, and recycling these materials can reduce disposal costs, extend the life of landfills, and create jobs. The program shall include the following two sections. Each section will be reviewed and approved as noted.
SECTION ONE: Submitted and approved prior to issuance of building or demolition permits:
1. Salvage and Deconstruction: Identify the items you anticipate salvaging and the salvage company that will be used.
2. Inert Solids: Identify inert solids that will be generated and identify how these will be diverted from disposal through salvaging, reusing or recycling 100% of inert solids, including asphalt, brick, concrete, dirt, fines, rock, sand, soil, and stone.
3. Separation On-Site: In addition to 100% diversion of inert solids, SO% of non-inert materials must be diverted, including wood, metal, cardboard, green waste, gypsum, and fixtures. Non-inert materials may be separated on-site for recycling and will count towards the 50% diversion requirement. Identify materials that will be separated on-site for recycling companies.
4. Mixed Construction and Demolition (C&D) Debris: If non-inert materials are not separated on-site for recycling, or if the materials separated for recycling are not at least 50% of the total mixed debris generated, then mixed C&D must be taken to a mixed C&D sorting facility that will separate and recycle for you. Indicate the mixed C&D sorting facilities you intend to use.
5. Disposal: Indicate what percentage of all debris generated will be disposed, what materials you expect to dispose of, and what facility(ies) you will use.
6. Hauling of debris: Indicate how you intend to transport debris.
SECTION TWO: Submitted and approved following the removal of all debris and prior to issuance of occupancy for any buildings on-site:
Requires documentation of debris handling during the project and submittal of receipts, or equivalent documentation, demonstrating that 100% of inert solids and SO% of the remaining construction and demolition debris were diverted. Upon completion of the project, the contractor will have 30 days in which to submit Section Two with the required receipts, or equivalent documentation to demonstrate compliance with the WMRP. If the 100% of inert solids and SO% of the remaining construction and demolition debris diversions are met, then the entire deposit will be returned within 14 days upon submittal of all original receipts. If the diversion rates are not met, only a pro rata portion of the deposit will be returned to the applicant.
2. 
Water Use Efficiency: Features to increase water use efficiency shall be included in project designs for all applicable projects, as outlined in section 17.55.020 of this chapter. Project design shall include the use of both potable and nonpotable water to the maximum extent practicable and use of low flow appliances (i.e., toilets, shower heads, washing machines, dishwashers, drought resistant landscaping, drip irrigation systems, automatic shutoff valves for sinks in restrooms, etc.).
3. 
Energy Efficiency: Features to increase energy efficiency shall be included in project designs for all applicable projects, as outlined in section 17.55.020 of this chapter. Project design shall include use of energy efficient appliances meeting the Energy Star rating or better. All lightbulbs, as appropriate, shall be energy efficient, such as compact fluorescents or light emitting diodes (LED). Confirmation of compliance with this requirement will take place at final building inspection.
B. 
Resource Efficiency Features: All applicable projects as noted in section 17.55.020 of this chapter must include the number of resource efficiency features as required in said section, or alternatively through conditions of approval, at the discretion of the planning director as follows:
1. 
Gray water Systems: The installation of a gray water system in new or renovated buildings that eliminates the need for landscape irrigation. "Gray water" is the wastewater produced from bathtubs, showers, and clothes washers. In order to conserve water, it can be used for irrigation through subsurface distribution systems. A permit is required from the department of environmental health for the gray water system[1].
[1]
CPC title 24, part 5, Cal.Adm.Code, appendix G.
2. 
Energy Efficiency: Increase energy efficiency twenty percent (20%) beyond title 24 requirements through the use of innovative design and technology (i.e., natural daylighting, passive heating/cooling, green roofs, additional insulation, or on site renewable electricity generation).
3. 
Construction Materials Efficiency: Use of over ten percent (10%) (based on cost) postconsumer recycled content construction materials. "Postconsumer material" is defined as waste material generated by households or by commercial, industrial and institutional facilities in their role as end users of the product, which can no longer be used for its intended purpose. "Recycled content" shall be defined in accordance with the International Organization of Standards document, "ISO 14021 - Environmental Labels And Declarations Self-Declared Environmental Claims (Type II Environmental Labeling)".
4. 
Land Use Efficiency: Development of the proposed project at the maximum density allowed under the general plan with the inclusion of transit oriented design, jobs/housing proximity, and alternative forms of transportation (i.e., bicycles, charging stations for electric cars, pedestrian friendly design features, etc.).
(Ord. 473 § 3, 2007)

§ 17.56.010 Purpose:

The regulations and requirements set forth in this chapter are intended to promote and protect public health, safety and general welfare and promote the preservation of natural nighttime outdoor environment by regulating artificial lighting. In particular, this chapter is intended to limit glare and light pollution to ensure adequate safety, night vision, and comfort.
(Ord. 473 § 3, 2007)

§ 17.56.020 Outdoor Lighting Standards:

Except as otherwise specified herein, outdoor lighting standards listed below apply to all new multi-family residential, and nonresidential development. The designated approving authority may grant exceptions to the shielding requirements, maximum level of illumination, and height of outdoor light fixtures for outdoor recreation facilities on park sites with the finding that the light impacts do not create a nuisance for abutting residential property.
A. 
Shielding Required: Except as otherwise exempt, all outdoor lighting shall be constructed with full shielding. Where the light source from an outdoor light fixture is visible beyond the property line shielding shall be required to reduce glare so that the light source is not visible from within any residential dwelling unit. Outdoor lighting for single-family residential use shall be located and/or shielded in a manner to ensure that the intensity and direction of exterior and security lighting does not constitute a nuisance to abutting residential dwellings.
B. 
Level Of Illumination: During hours of darkness, the minimum and average maintained foot-candles of light shall be consistent with the provisions listed below. A point by point photometric calculation listing the number, type, height, and level of illumination of all outdoor lighting fixtures shall be required in conjunction with the development permit application and prior to issuance of a building permit or site improvement plans to ensure compliance with these provisions.
1. 
Parking lots, driveways, trash enclosures/areas, public phones, and group mailboxes shall be illuminated with a minimum maintained one foot-candle of light and an average not to exceed four (4.0) foot-candles of light.
2. 
Pedestrian walkways shall be illuminated with a minimum maintained one-half (0.5) foot-candle of light and an average not to exceed two (2.0) foot-candles of light.
3. 
Exterior doors of nonresidential structures shall be illuminated during the hours of darkness, with a minimum maintained one foot-candle of light, measured within a five foot (5') radius on each side of the door at ground level.
4. 
In order to minimize light trespass on abutting residential 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) foot-candle.
C. 
Maximum Height Of Freestanding Outdoor Light Fixtures: The maximum height of freestanding outdoor light fixtures for development abutting residential property shall be twenty feet (20'). Otherwise, the maximum height for freestanding outdoor light fixtures shall be twenty five feet (25').
D. 
Type Of Illumination: All new outdoor lighting fixtures shall be energy efficient with a rated average bulb life of not less than ten thousand (10,000) hours.
E. 
Hours Of Illumination: Automatic timing devices shall be required for all new outdoor light fixtures with off hours (exterior lights turned off) between eleven o'clock (11:00) P.M. and six o'clock (6:00) A.M. However, outdoor lights may remain on during business hours of operation for security purposes (e.g., to illuminate walkways, roadways, equipment yards, and parking lots). Outdoor lights may also remain on to illuminate flags representing a country, state, or other civic entity.
F. 
Outdoor Sports Field/Outdoor Performance Area Lighting:
1. 
The mounting height of outdoors sports field and performance area lighting fixtures shall be reviewed on a case by case basis by the designated approving authority.
2. 
The hours of operation for the lighting system for any game or event shall not exceed one hour after the end of the event.
G. 
Architectural/Landscape Lighting: Outdoor light fixtures used to illuminate architectural and landscape features shall use a narrow cone of light for the purpose of confining the light to the object.
H. 
Sign Lighting: The artificial illumination of signs, both from an internal or external source, shall be designed to eliminate negative impacts on surrounding rights of way and properties, and shall comply with chapter 17.62. "Signs", of this title.
(Ord. 473 § 3, 2007)

§ 17.56.030 Lighting Prohibited:

The following outdoor light fixtures shall be prohibited as specified below. Existing light fixtures legally permitted or authorized prior to adoption of this title may be maintained.
A. 
Neon tubing or band lighting along building structures as articulation.
B. 
Searchlights.
C. 
Illumination of entire buildings. Building illumination shall be limited to security lighting and lighting of architectural features authorized by the designated approving authority in conjunction with the required development permit(s).
D. 
Roof mounted lights except for security purposes with motion detection and full shielding so that the glare of the light source is not visible from any public right of way.
E. 
Any light that imitates or causes visual interference with a traffic signal or other necessary safety or emergency light.
(Ord. 473 § 3, 2007)

§ 17.58.010 Purpose:

This chapter establishes regulations, which provide for safe, attractive, and convenient off street parking and loading and to ensure that parking areas are compatible with surrounding land uses and promote convenient alternatives to traditional motorized travel.
(Ord. 473 § 3, 2007)

§ 17.58.020 Applicability:

Except as otherwise provided in adopted development agreements, specific plans, planned unit developments, or other agreements and plans that allow deviation to off street parking requirements, off street parking and loading provisions of this chapter shall apply as follows:
A. 
New Development: For all buildings or structures erected and all uses of land established after the effective date of this title, parking and loading facilities shall be provided as required by this chapter. Except as otherwise specifically conditioned, projects with unexpired land use and development approvals on the effective date hereof have the option of meeting the parking requirements of the zoning code in effect on the project approval date or be subject to the provisions required herein.
B. 
Change In Use: When the use of any building, structure, or premises is changed, increasing the intensity such that the change creates an increase of more than ten percent (10%) in the number of off street parking spaces required by the change, additional off street parking spaces shall be provided in accordance with the requirements of this chapter.
C. 
Modification To Existing Structures: Whenever an existing building or structure is modified such that it results in an increase of more than ten percent (10%) in the number of off street parking spaces required, additional off street parking spaces shall be provided in accordance with the requirements of this chapter.
(Ord. 473 § 3, 2007)

§ 17.58.030 Permit Requirements:

A. 
Building Permit: New parking lot design and modifications to existing parking lots areas in conjunction with a substantial change in use to an existing structure shall be reviewed in conjunction with the building permit and any other land use or development permit required for the project.
B. 
Zoning Clearance: Modification or improvement to an existing parking lot area that impacts the parking space layout, configuration, or number of stalls shall require zoning clearance to authorize the change as consistent with this title. Specifically, the designated approving authority shall review proposed plans for initial paving, resurfacing, andlor restriping of off street parking areas that alters the number and/or configuration of parking spaces or corresponding landscape planters for multi-family and nonresidential uses.
C. 
Exempt Activities: Parking lot improvements listed below shall be considered minor in nature in that they do not alter the number or configuration of parking stalls. Such improvements shall be exempt from permit requirements.
1. 
Repair of any defects in the surface of the parking area, including holes and cracks.
2. 
Resurfacing, slurry coating, and restriping of a parking area with identical delineation of parking spaces.
3. 
Repair or replacement in the same location of damaged plantings and curbs.
4. 
Sprinkler line repair or refurbishment of landscaped areas with similar plant species.
(Ord. 473 § 3, 2007)

§ 17.58.040 General Parking Regulations:

A. 
Location Requirements For Off Street Parking Spaces:
1. 
Except as otherwise permitted herein, all required off street parking spaces shall be accessible to and located on the same lot as the use andlor development requiring such spaces.
2. 
Parking spaces shall not be located within any required setback area of any parcel.
a. 
Vehicle parking (and access thereto) in residential areas shall be on permanent paved or other approved surface consistent with section 17.58.090, "Parking Design And Development Standards", of this chapter. Exceptions may be granted when such construction mitigation is required to reduce the impact within the drip line of a protected tree.
b. 
Parking may not occur within any required clear vision triangle area on a corner lot.
c. 
Parking spaces shall not preclude direct and free access to stairways, walkways, elevators, any pedestrian accessway, or fire safety equipment. Such access shall be a minimum clear width of forty four inches (44"), no part of which shall be within a parking space.
d. 
No more than fifty percent (50%) of the front yard (including setbacks) can be used for parking.
B. 
General Use Provisions For Off Street Parking Spaces:
1. 
Living In Vehicles: Living, sleeping, or housekeeping in any vehicle, "trailer", or vessel (as defined in division VI, "Zoning Definitions", of this title) is prohibited when parked or stored on private property.
2. 
Automobile Parking Only: 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 being 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 section 17.58.050, table 17.58-1 of this chapter.
3. 
Residential Guest Parking: For residential tenant and guest parking, the spaces must be marked per the required minimum standards for tenant and guest parking.
C. 
Parking Regulations For Vehicles, Trailers, And Vessels: The parking regulations in this section apply to all "commercial vehicles", "passenger vehicles", "recreational vehicles", "trailers", and "vessels" as defined in division VI, "Zoning Definitions", of this title. Unless otherwise specified, the term "vehicles" used herein refers to "commercial vehicles", "passenger vehicles", and "recreational vehicles".
1. 
Inoperable/Unregistered Vehicles, Trailers, And Vessels: Any vehicle, trailer, or vessel which is inoperable and/or without current registration shall be stored entirely within an enclosed structure and shall not be parked or stored in any yard within a residential zoning district or neighborhood.
2. 
Commercial Vehicle Parking: Commercial vehicles weighing five (5) tons or more are prohibited on any street or parcel within a residential zoning district or neighborhood. Additionally, in order to maintain public safety and residential character, commercial vehicles weighing more than one ton may only park on residential streets and/or lots long enough for typical residential delivery and pick up, moving, and towing. Commercial vehicles weighing less than one ton may be permitted in residential zoning districts and neighborhoods consistent with applicable provisions of this title. See chapter 17.82, "Home Occupations", of this title.
3. 
Recreational Vehicle Parking: Recreational vehicles of an owner, tenant, guest, or visitor may be parked on any highway (street) for a maximum period of seventy two (72) hours. 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 storage is prohibited in required front and street side yards. However, recreational vehicle 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 foot (6') tall fence, wall, and/or landscape barrier. Screening shall be consistent with chapter 17.52, "Fences And Walls", of this title.
D. 
Tandem Parking: Tandem parking may be used to satisfy off street parking requirements on single-family residential and duplex residential lots or in those areas in which it is infeasible to meet the strict standards of this title as determined by the director of planning.
(Ord. 473 § 3, 2007)

§ 17.58.050 Number Of Parking Spaces Required:

A. 
Off Street Parking Requirements: The city's off street parking requirements are listed by land use classifications in table 17.58-1 of this section. Except as otherwise specifically stated, the following rules apply to table 17.58-1 of this section:
1. 
"Square feet"
means "gross square feet" and refers to building area unless otherwise specified.
2. 
Where parking spaces are required based on a per employee ratio, this shall be construed to be the total number of employees on the largest working shift.
3. 
For the purpose of calculating residential parking requirements, dens, studies, or other similar rooms that may be used as bedrooms shall be considered bedrooms.
4. 
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 inches (24") for dining, but in no case shall seating be less than determined as required by the uniform building code.
B. 
Shared Parking: The city's off street parking requirements are listed by land use classifications in table 17.58-1 of this section, however, in certain instances, and upon issuance of a conditional use permit, site conditions may warrant a shared parking arrangement. Where two (2) or more uses have different periods of peak parking demand (e.g., a restaurant and an office) and share a common parking supply, the number of spaces required is reduced. To calculate the reduction in the required number of spaces, the following methods are acceptable:
1. 
The methodology provided in the Urban Land Institute publication "Shared Parking" may be used to calculate the reduction. For the base parking ratios (i.e., the parking space ratios required before taking into account sharing of spaces), the requirements of this section shall be used.
2. 
The applicant may provide a shared parking study that is acceptable to the review authority. (This methodology may be necessary for uses not covered in the shared parking manual.)
C. 
Minimum/Maximum Parking Requirements: Unless off street parking reductions are permitted consistent with section 17.58.060, "Reduction Of Off Street Parking Requirements", of this chapter, the number of off street parking spaces required in table 17.58-1 of this section shall be considered the minimum necessary for each use. In conjunction with discretionary development permits, the designated approving authority may increase these parking requirements if it is determined that these requirements are inadequate for a specific project. By the same token, the designated approving authority may decrease the required parking for a specific use as specified in chapter 17.16, "Permit Requirements", of this title.
D. 
Uses Not Listed: The number of parking spaces required for uses not specifically listed in table 17.58-1 of this section shall be determined by the planning director based on common functional, product, or compatibility characteristics and activities, as provided in section 17.26.030, "Similar Uses", of this title.
E. 
Calculation/Rounding Of Quantities: When the calculation of the required number of off street parking spaces results in a fraction of a space, the total number of spaces shall be rounded to the nearest whole number <0.49, round down; >0.50, round up).
F. 
Mixed Use/Multiple Tenants: Except as otherwise provided in this section, for each separate use on a site with multi-tenants, or a combination of principal uses in anyone facility, the development shall provide the aggregate number of parking spaces for each separate use. Parking for retail commercial shopping centers may include restaurant uses up to the maximum percentage of total site square footage, as described in table 17.58-1A of this section, when the indicated percent of the retail parking ratio is used to calculate the number of parking spaces required. Retail commercial shopping centers are allowed to have up to thirty five percent (35%) of their square footage taken up by restaurant uses when calculating parking with this method.
TABLE 17.58-1A
PARKING RATIO PERCENTAGES FOR SHOPPING CENTERS WITH RESTAURANT USES
Percent Of Total Square Footage For Restaurant
Parking Ratio
0-10
4.5 spaces/1,000 square feet
10-25
6.75 spaces/1,000 square feet
25-35
8.1 spaces/1,000 square feet
G. 
New Buildings Or Development Projects Without Known Tenants: If the type of tenants that will occupy a nonresidential building are not known at the time of the development entitlement or building permit approval, the amount of parking shall be the minimum number of spaces required by table 17.58-1 of this section for the most intense land use allowed within the underlying zoning district that can reasonably be accommodated within the entire structure/project as determined by the planning director. The designated approving authority may grant exceptions to this rule where the use or other restrictions ensure adequate parking is provided (i.e., rezone agreements).
H. 
Tenant Spaces With Multiple Functions: When a tenant of a building has several functions, such as retail and office space, the amount of parking for the tenant shall be calculated as required in table 17.58-1 of this section for the primary use, using the gross floor area of the building.
I. 
Tenant Spaces With Accessory Storage: When a tenant has enclosed accessory storage in excess of two thousand (2,000) square feet, the required parking for that portion of the tenant space dedicated to storage shall be calculated as specified in table 17.58-1 of this section for warehousing, storage, and distribution (in addition to the parking requirements for the primary use of the building).
TABLE 17.58-1
PARKING REQUIREMENTS BY LAND USE
Land Use Type
Required Parking Spaces
Agriculture, resource, and open space uses:
Agricultural product sales
4 spaces/roadside stand
Wine tasting rooms
1 space/500 square feet of tasting room
Industry, manufacturing, and processing uses:
Auto wrecking, junkyard, salvage yard
2 spaces, plus 1 space/employee
Laundries and dry cleaning plants
1 space/1,000 square feet
Manufacturing, printing and publishing, and rendering
1 space/1,OOO square feet, plus 1/company operated vehicle
Recycling facilities - processing, scrap, and dismantling facilities
1 space/1,000 square feet of office space, plus 1 space/employee
Research and development services
2 spaces/1,000 square feet
Warehousing, storage, and distribution
1 space/3,000 square feet, plus 1/company operated vehicle
Recreation, education, and public assembly uses:
Cemeteries, mausoleums
1 space/5 seats in main assembly area
Clubs, lodges, and private meeting halls; community centers
1 space/5 fixed seats in the main assembly area or 1 space/100 square feet for nonfixed seats in the main assembly area, whichever is greater
Indoor amusement/entertainment facilities
1 space/750 square feet
Indoor sports and recreation facilities
1 space/500 square feet
Libraries and museums
1 space/750 square feet
Outdoor commercial recreation:
Amusement park, outdoor areas
1 space/miniature golf hole; 2 spaces/1,000 square feet outdoor land area accessible to the public
Driving range
1 space/tee
Golf courses, professional
5 spaces/hole for golf courses
Tennis court
1.5 spaces/court
All other uses
As determined by the designated approving authority
Parks and playgrounds (for parks >10 acres)
5 percent of the total site area
Recreational vehicle parks
1 space/travel trailer/RV site plus 1 guest space/4 units
Religious institutions
1 space/S fixed seats or 1 space/125 square feet, whichever is greater
Schools:
Elementary and secondary/junior/middle
1.5 spaces/classroom or 1 space/s fixed seats in the main assembly area, whichever is greater
High
1.5 spaces/classroom, plus 1 space/s fixed seats in the auditorium or assembly area, whichever is greater
College/university
1 space/s students based on maximum student capacity, plus 0.75 space/employee
Vocational and trade
1 space/s students, plus 0.75 space/employee
Studios
1 space/500 square feet
Theaters and auditoriums
1 space/s fixed seats or 1 space/75 square feet, whichever is greater
Residential uses:
Caretaker housing
1 space/bedroom
Child and adult daycare homes; family care facilities
2 spaces, plus 1 space/nonresident employee
Group residential
1 space/bedroom
Multi-family:
Studio and 1 bedroom units
1 space/unit, plus 1 guest space/4 units
2 and 3 bedroom units
2 spaces/unit, plus 1 guest space/4 units
4 or more bedroom units
3 spaces/unit, plus 1 guest space/4 units
Mobilehomes
2 off street spaces/unit, plus 1 guest space/8 home lots
Senior independent living facilities
0.5 space/unit, plus I guest space/4 units
Residential care home
No additional requirement beyond single-family requirement
Single-family:
Covered
2 spaces/unit1, 3
Uncovered
2 spaces/unit1, 2, 3
Retail, service, and office uses:
Adult and child daycare facilities
0.75 space/employee, plus 1 space/facility vehicle, plus 1 space/10 persons at facility capacity
Adult related business
1 space/500 square feet
Ambulance service
1 space/500 square feet, plus 1 space/service vehicle
Animal sales and grooming
1 space/500 square feet
Auto and vehicle sales/rentals
1 space/3,000 square feet interior and exterior sales, display, and storage area
Auto parts sales
3 spaces/1,000 square feet
Automated teller machines (ATMs)
1 space/machine
Banks and financial services3
3 spaces/1,000 square feet
Bars and nightclubs
1 space/3 fixed seats, plus 1 space/100 square feet assembly area
Bed and breakfast inns
1 space/guestroom, plus 1 space/resident owner or manager
Car washing and detailing
2 spaces/wash bay
Equipment sales and rental
1 space/500 square feet interior sales area, plus 1 space/1,000 square feet exterior sales and storage area
Furniture, furnishings, and appliance stores
1 space/1,000 square feet
Garden center/plant nursery
4.5 spaces/1,000 square feet
Hotels and motels
1 space/room
Kennels
1 space/500 square feet
Maintenance and repair
1 space/500 square feet
Medical services:
Clinics, offices, and laboratories3
1 space/500 square feet
Extended care and hospitals
1 space/licensed bed
Mortuaries and funeral homes
1 space/5 seats in main assembly area
Offices:
Business and professional
3 spaces/1,000 square feet
Call centers
4 spaces/1,000 square feet
Professional services
1 space/400 square feet or 2/chair, whichever is greater
Recycling facilities:
Large collection facility
2 spaces/station
Reverse vending machine
No minimum requirement
Small collection facility
No minimum requirement
Residential care facilities
1 space/5 beds
Restaurants:
Fast food
1 space/200 square feet dining area
Sit down, takeout inclusive
1 space/4 fixed seats or 1 space/80 square feet dining area, whichever is greater
Takeout, exclusive
1 space/150 square feet accessible to the public
With live entertainment
1 space/5 fixed seats, plus 1 space/50 square feet assembly area
Retail (includes all others not listed)
3 spaces/1,000 square feet
Retail, shopping centers
4.5 spaces/1,000 square feet)
Service stations:
With accessory retail
3 spaces4
With convenience market
3 spaces for the first 1,000 square feet, plus 1 space/300 square feet thereafter4
With vehicle service
2 spaces/service bay4
Storage - personal storage facilities
4 spaces, plus 2 spaces for management
Vehicle services
1.5 spaces/service bay4
Veterinary facilities
2 spaces/1,000 square feet
Warehouse retail stores
2 spaces/1,000 square feet
Utility, transportation, and communication uses:
Broadcasting and recording studios
1 space/500 square feet
Heliports
2 spaces/pad
Telecommunication and utility facilities
1/vehicle normally required to service such facility
Transit stations and terminals
1 space/200 square feet of waiting area
Notes:
1. If development includes private streets with limited or no parking, a minimum of 1 guest parking space shall be provided per single-family residence as determined by the designated approving authority.
2. If 5 or more bedrooms are provided in one unit, then 1 additional space (covered or uncovered) shall be provided.
3. Parking space(s) shall either be enclosed or covered.
4. Additional parking may be required for drying or vacuum areas, as determined by the designated approving authority.
(Ord. 473 § 3, 2007)

§ 17.58.060 Reduction Of Off Street Parking Requirements:

Commercial, office, or industrial projects may request a reduction in the minimum number of parking spaces required, provided they include facilities, programs, or services that reduce the overall parking demand for the site, contingent upon approval from the approving authority.
A. 
Facilities And Programs: A proponent of an office, commercial or industrial project may provide alternative facilities or programs which serve to reduce parking demand in return for a reduction in vehicle parking requirements. Vehicle parking requirements may be reduced in accordance with the following provisions:
1. 
Shower/Locker Facilities: Developments with ten (10) or more employees may reduce their parking requirement by providing shower and clothing locker facilities for bicycle commuting employees. Maximum reduction: Ten percent (10%) of required parking.
2. 
Secure Bicycle Parking: Developments that provide additional secure bicycle parking facilities over and above the minimum requirement may reduce their parking requirement by one vehicle space for every additional bicycle space provided. Maximum reduction: Fifteen percent (15%) of required parking.
3. 
Motorcycle Or Low Speed Vehicle Parking: Developments that provide motorcycle or low speed vehicle parking may reduce their parking requirement by one vehicle space for every additional motorcycle or low speed vehicle space provided. Maximum reduction: Fifteen percent (15%) of required parking. Low speed vehicle spaces must be equipped with no cost to user charging facilities.
4. 
Preferred Car Pool/Vanpool Parking Spaces: Office or industrial developments which guarantee preferred parking spaces (e.g., covered, shaded, or near building entrance) to employees who participate regularly in a car pool or vanpool may reduce their parking requirement by one vehicle space for every one space which is marked and reserved for car pools/vanpools at a preferred location. Maximum reduction: Five percent (5%) of required parking.
B. 
Special Circumstances: Off street vehicle parking reductions may also be granted when the applicant for a single or combined use can prove to the designated approving authority that the nature of the proposed use(s) or the proximity of the facility to alternative modes of transportation justify the requested parking reduction. This subsection includes shared parking reductions due to variation in peak demands.
(Ord. 473 § 3, 2007)

§ 17.58.070 Handicapped Parking Requirements:

A. 
Number Of Spaces, Design Standards: Parking spaces for the disabled shall be provided in compliance with uniform building code and the Americans with disabilities act.
B. 
Reservation Of Spaces Required: The number of disabled accessible parking spaces required by this section shall be reserved by the property owner/tenant for use by the disabled throughout the life of the approved land 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 the time and manner required by state law.
(Ord. 473 § 3, 2007)

§ 17.58.080 Compact Parking Spaces:

Up to twenty five percent (25%) of the required number of parking spaces may be sized for compact cars, and shall be clearly marked "COMPACT". Compact parking spaces shall be distributed throughout the parking lot.
(Ord. 473 § 3, 2007)

§ 17.58.090 Parking Design And Development Standards:

A. 
Surface Parking: All surface parking areas, other than those provided in a garage or parking structure, shall have the following improvements:
1. 
Paving, Drainage Facilities: Paving and adequate drainage facilities as specified by the public works director.
2. 
Clear Signage, Pavement Markings: Clear signage and pavement markings to indicate entrances, exits, aisle directions, and other features required to ensure the safe movement of vehicles.
3. 
Parking Area Design: 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.
4. 
Landscaping: Landscaping shall be provided in compliance with chapter 17.54 of this title.
5. 
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 chapter 17.56, "Lighting", of this title.
6. 
Vehicle Overhang: Vehicular overhang is permitted, provided no vehicle shall overhang into a sidewalk that would reduce the unencumbered width of a sidewalk to less than four feet (4'). A vehicle is permitted to overhang into a landscaped area by two feet (2'), provided that the required landscape area is extended by two feet (2').
B. 
Access To Parking: Access to parking areas and curb cuts for driveways shall be approved by the planning director and public works director to ensure an efficient and safe traffic flow into the parking areas and along public streets.
C. 
Dead End Aisles: Dead end aisles are discouraged. When used, ninety degree (90°) angle stalls are required and the aisle shall have a minimum five foot (5') backing area.
D. 
Parking Space And Aisle Dimensions: All parking areas shall be designed so that the parking spaces are permanently maintained and have suitable maneuvering space and access to and from a public street or alley. The dimensions of each parking space shall be determined from table 17.58-2 of this section:
TABLE 17.58-2
PARKING SPACE AND DRIVE AISLE DIMENSIONS
Parking Stall Type
Minimum Stall Dimensions
Minimum Width For Drive Aisle With Parking
Minimum Width For Emergency Access Drive Aisles
Width
Length
One-Way
Two-Way
Standard parallel
9'
24'
12'
20'
20'
Standard 45 degree
9'
19'
16'4"
20'
20'
Standard 60 degree
9'
19'
19'
20
20'
Standard 90 degree
9'
19'
20'
25'
20'
Compact
8.8'
16'
20'
25'
20'
Handicapped
9'5"
19'
20'
25'
20'
(Ord. 473 § 3, 2007)

§ 17.58.100 Bicycle Parking Requirements:

Bicycle parking shall be provided for all multi-family projects and nonresidential uses in compliance with this section.
A. 
Location: Bicycle parking shall be located on a paved surface, in proximity to a building entrance and in a visibly secure location adjacent to the building.
B. 
Bicycle Rack: Bicycle parking shall consist of at least a stationary bicycle rack, typically a curved metal bar, where the cyclist supplies a padlock and chain or cable to secure the bicycle to a stationary object.
C. 
Prohibited Locations: Except as otherwise specified, required bicycle parking shall not be located within required setback yard areas.
D. 
Bicycle Parking Requirements: Bicycle parking is required for multi-family, public and civic facilities, schools, retail commercial, office and industrial uses in accordance with table 17.58-3 of this section. In no case shall there be fewer than two (2) employee bicycle spaces and two (2) patron spaces, unless specifically exempt.
TABLE 17.58-3
BICYCLE PARKING REQUIREMENTS BY LAND USE
Land Use Type
Required Parking Spaces
Multi-family residential:
Complexes of any size
1 space for every unit
Community civic:
Public and civic facilities
25 percent of required vehicle space
Schools
35 percent of enrollment capacity
Commercial:
Office
1 for every 5 vehicle spaces
Retail
20 percent of required vehicle spaces
Industrial:
Industrial
1 space for every 5 vehicle spaces
(Ord. 473 § 3, 2007)

§ 17.58.110 Off Street Loading Requirements:

All retail and wholesale stores, warehouses, supply houses, buildings devoted to the manufacturing trade, hotels, hospitals or other buildings where large amounts of goods are received or shipped shall provide loading and unloading space adequate to handle the volume of truck traffic and loading requirements.
A. 
Number Of Spaces: At a minimum, one loading space (dock or parking space) shall be provided for all commercial and industrial buildings in excess of ten thousand (10,000) square feet plus one additional space for every additional twenty thousand (20,000) square feet of floor area.
B. 
Dimensions: Each required loading space shall be not less than ten feet (10') wide, thirty five feet (35') long and with fourteen feet (14') of clear height. Loading zones shall be separate from other required parking and maneuvering area.
C. 
Location: Where feasible, loading zones and docks shall be located to the rear of properties. No truck entrance door, loading zone and/or dock serving commercial vehicles shall be permitted to face a residential area located within five hundred feet (SOD').
D. 
Screening: All loading zones and truck parking areas shall be screened from view by a minimum of a six foot (6') high hedge, vine covered fence or wall plus landscaping as required by chapter 17.§4, "Landscaping", of this title.
E. 
Passenger Loading Areas: Public parking areas for major development projects shall designate a passenger loading area or areas for embarking and disembarking passengers from ridesharing vehicles. Such passenger loading areas shall be located at the point(s) of primary pedestrian access from the parking area to the adjacent building, or buildings, and shall be designed in such a manner that vehicles waiting in the loading area do not impede vehicular circulation in the parking area. The passenger loading areas shall be large enough to accommodate the number of waiting vehicles equivalent to one-half (1/2) of one percent (1%) of the required parking for the project.
(Ord. 473 § 3, 2007)

§ 17.60.010 Purpose And Intent:

The performance standards established in this chapter are intended to ensure that uses and activities shall occur in a manner to protect the public health and safety and which does not produce adverse impacts on surrounding properties or the community at large. The standards contained in this section apply to all zoning districts. If necessary, the city will retain a professional expert or designated regulatory agency to assist in assessing possible impacts, and the applicant or business owner will pay any cost incurred.
(Ord. 473 § 3, 2007)

§ 17.60.020 Hazardous Materials:

The following standards are intended to ensure that the use, handling, storage and transportation of hazardous materials comply with all applicable state laws[1] and that appropriate information is reported to the fire department as the regulatory authority.
A. 
Reporting Requirements: All businesses required by state law[2] to prepare hazardous materials release response plans and hazardous materials inventory statements shall, upon request, submit copies of these plans, including any revisions, to the fire department.
[2]
Health & S.C. div. 20, ch. 6.95.
B. 
Underground Storage: Underground storage of hazardous materials shall comply with all applicable requirements of state law. Businesses that use underground storage tanks shall comply with the following procedures:
1. 
Notify the fire department of any unauthorized release of hazardous materials prescribed by city, county, state and federal regulations;
2. 
Notify the fire department and the Monterey 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
3. 
Submit copies of the closure plan to the fire department.
C. 
Aboveground Storage: Aboveground storage tanks for hazardous materials and flammable and combustible materials may be allowed subject to the approval of the fire department.
D. 
New Development: Structures adjacent to a commercial supply bulk transfer delivery system with at least six inch (6") pipes shall be designed to accommodate a setback of at least one hundred feet (100') from that delivery system. The setback may be reduced if the planning director, with recommendation from the fire department, can make one or more of the following findings:
1. 
The structure would be protected from the radiant heat of an explosion by berming or other physical barriers;
2. 
A one hundred foot (100') setback would be impractical or unnecessary because of existing topography, streets, parcel lines or easements; or
3. 
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.
E. 
Notification Required: A subdivider of a development within five hundred feet (500') of a hazardous material shall notify a new/potential owner before the time of purchase and the close of escrow of the location, size and type of hazard.
(Ord. 473 § 3, 2007)
[1]
See, e.g., Gov.C. §65850.2, Health & S.C. §25500 et seq.

§ 17.60.030 Noise Standards.

A. 
Purpose: The purpose of this section is to:
1. 
Establish standards to provide a high quality of life for all residents by ensuring a safe community, free from manmade and natural hazards;
2. 
Implement goals and policies of the general noise element;
3. 
Provide community noise control regulation and standards which are consistent with or exceed the guidelines of the State Office of Noise Control and the standards adopted by the Federal Highway Administration (FHWA), California Department of Transportation (CalTrans) or other government or regulatory agencies.
B. 
Declaration of 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, disturbing, 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.
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"
means 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"
means 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") means 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 (seven o'clock (7:00) P.M. to ten o'clock (10:00) P.M.) and nighttime (ten o'clock (10:00) P.M. to seven o'clock (7:00) A.M.) periods, respectively, to allow for the greater sensitivity to noise during these hours.
4. 
"dB"
("decibel") means a unit used to express the relative intensity of a sound as it is heard by the human ear.
5. 
"dBA"
means the A-weighted scale for measuring sound in decibels; indicates the relative intensity of a sound as it is heard by the human ear. Every increase of ten (10) dBA doubles the perceived loudness although the noise is only ten (10) dBA units higher.
6. 
"Emergency alarm, machinery, or vehicle"
means any alarms, 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"
means work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
8. 
"Exterior noise"
means the noise level when measured at any point on the property line of the noise source.
9. 
"Impulsive noise"
means a sound of short duration, usually less than one second and of high intensity, with an abrupt onset and rapid decay.
10. 
"Interior noise"
means the noise level when measured inside an adjacent receiving dwelling unit or other building.
11. 
"Intrusive noise"
means the alleged offensive noise that intrudes over and above the existing ambient noise at the receiving property.
12. 
"Ldn"
("day-night average sound level") means 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.
13. 
"Leq"
means 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).
14. 
"Noise disturbance"
means an alleged noise that violates an applicable noise standard of this section, elsewhere in the Municipal Code, or the general plan.
15. 
"Noise level"
("LN") means 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.
16. 
"Sound level meter"
means 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 Zones Designated: Receptor properties described in this chapter shall be assigned to the following noise zones:
1. 
Noise Zone I-–noise-sensitive area;
2. 
Noise Zone II-–residential properties;
3. 
Noise Zone III-–commercial properties; and
4. 
Noise Zone IV-–industrial properties.
E. 
Interior Noise Standards: The interior noise standard identified in Table 17.60-1a, unless otherwise specifically indicated, shall apply within all such dwellings and other buildings within a designated noise zone.
TABLE 17.60-1a
MAXIMUM INTERIOR NOISE STANDARDS
Noise Zone
Type of Land Use
Allowable Interior Noise Level (15-Minute Leq)
7 A.M. to 10 P.M.
10 P.M. to 7 A.M.
I
Residential
45 dBA
40 dBA
II
Administrative/professional office
50 dBA
--
III
Residential portions of mixed use properties
45 dBA
40 dBA
1. 
It shall be unlawful for any person to create any noise, or to allow the creation of any noise, within a dwelling unit or other building, which causes the noise level, when measured inside an adjacent receiving dwelling unit or other building, to exceed the following standards:
a. 
The noise standard for the applicable zone for any period of more than five (5) minutes; or
b. 
A noise level that exceeds the noise standard for the applicable zone by ten (10) dBA for any period of time.
2. 
If the measured ambient noise level exceeds the noise level standard in the applicable noise zone, the ambient noise level shall be the standard.
F. 
Exterior Noise Standards: The exterior noise standards identified in Table 17.60-1b, unless otherwise specifically provided, shall apply to all receptor properties within a designated noise zone.
TABLE 17.60-1b
MAXIMUM EXTERIOR NOISE STANDARDS
Noise Zone
Type of Land Use
Allowable Exterior Noise Level (15-Minute Leq)
7 A.M. to 10 P.M.
10 P.M. to 7 A.M.
I
Single-, two- or multi-family residential
55 dBA
50 dBA
II
Commercial
65 dBA
60 dBA
III
Residential portions of mixed use properties
60 dBA
50 dBA
IV
Industrial or manufacturing
70 dBA
70 dBA
1. 
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 city:
a. 
The noise standard for the applicable zone for any fifteen (15) minute period;
b. 
A maximum impulsive noise level that exceeds the value of the applicable noise standard by twenty (20) dBA for any period of time based on a measurement using A-weighted slow response. Impulsive noise which repeats four (4) or more times in any hour between ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. shall be treated as continuous sound and shall be measured against the noise standard for the applicable zone.
2. 
If the measured ambient noise level exceeds the noise level standard in the applicable noise zone, the ambient noise level shall be the standard.
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 planning and development services director ("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 chapter.
G. 
Noise Measurement Criteria: 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 for exterior and interior noise as follows:
a. 
Exterior Noise: The microphone shall be 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.
b. 
Interior Noise: The microphone shall be located within the affected residential or other unit at a point at least four feet (4') from the wall, ceiling or floor nearest the noise source, with windows opened or closed as normal and appropriate with the season.
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.
H. 
Exempt Activities: The following are not subject to the noise limitations 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. This exemption does not include permanently installed emergency generators.
2. 
Warning Device: Warning devices necessary for the protection of public safety (e.g., police, fire and ambulance sirens, properly operating home and car burglar alarms and train horns).
3. 
Railroad Activities: The operation of locomotives, rail cars, and facilities by a railroad that is regulated by the State Public Utilities Commission.
4. 
State or Federal Preempted Activities: Any activity, to the extent the regulation of it has been preempted by state or federal law.
5. 
Pre-Existing Uses: Uses existing at the time of the effective date of the ordinance codified in this chapter, 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 section 9.28.030.
6. 
Public Health and Safety Activities: All transportation, flood control, and utility company maintenance and construction operation at any time on public rights-of-way, and those situations that may occur on private property deemed necessary to serve the best interest 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; repairing traffic signals; repair of water hydrants and mains, gas lines, oil lines, and sewers; restoring electrical service; repair and maintenance of flood control and storm water facilities; street sweeping; unplugging sewers; cleaning or vacuuming catch basins; repair and maintenance of streets and sidewalks. The regular testing of motorized equipment and pumps shall not be exempt.
7. 
Solid Waste Collection: Noise sources associated with the authorized collection of solid waste (e.g., refuse and garbage).
8. 
Maintenance of Residential Real Property: Noise sources associated with the minor maintenance of residential real property provided the activities take place between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M.
9. 
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.
10. 
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.
I. 
Prohibited Activities: The following acts shall be a violation of this section:
1. 
Public Nuisance Noise: Public nuisance noises as defined in section 9.28.030 shall be a violation of this section.
2. 
Construction Noise: Construction activities shall be subject to the provisions of subsection 9.28.030D. 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. 
Loading and Unloading Activities: Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects on private property between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. in a manner to cause a noise disturbance.
4. 
Sweepers and Associated Equipment: Operating or allowing the operation of sweepers or associated sweeping equipment (e.g., blowers) on private property between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. the following day in, or adjacent to, a residential zoning district.
5. 
Places of Public Entertainment: Operating or allowing to be operated any loudspeaker, musical instrument, or other source of sound in any place of public entertainment that exceeds ninety-five (95) dBA at any point 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."
6. 
Stationary Nonemergency Signaling Devices: Sounding or allowing the sounding of an electronically amplified signal from a stationary bell, chime, siren, whistle, or similar devices intended for nonemergency purposes, from a private property for more than ten (10) consecutive seconds in any hourly period.
7. 
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.
J. 
Responsibility to Eliminate or Reduce Acts Deemed Violations of Section: Where a violation of the noise standards set forth in this section results from a conflict between new and existing land uses, the person implementing the new use shall be responsible for curing the violation and providing improvements necessary to eliminate or reduce the negative sound impacts.
(Ord. 473 § 3, 2007; Ord. 548-1 § 2(Exh. B), 2020)

§ 17.60.040 Odor, Particulate Matter And Air Containment Standards:

A. 
Sources of odorous emissions, particulate matter and air containment standards shall comply with the rules and regulations of the Monterey metropolitan air quality management district and the state Health and Safety Code.
B. 
Noxious odorous emissions in a matter or quantity that is detrimental to or endangers the public health, safety, comfort, or welfare is declared to be a public nuisance and unlawful, and shall be modified to prevent further emissions release, except for industrial operations in compliance with) this title.
C. 
No dust or particulate matter shall be emitted that is detectable by a reasonable person without instruments.
D. 
Exhaust air ducts shall be located or directed away from abutting residentially zoned properties.
(Ord. 473 § 3, 2007)

§ 17.60.050 Vibration:

Uses that generate vibrations that may be considered a nuisance or hazard on any adjacent property shall be cushioned or isolated to prevent generation of vibrations. Uses shall be operated in compliance with the following provisions:
A. 
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;
B. 
Uses, activities, and processes shall not generate vibrations that cause discomfort or annoyance to reasonable persons of normal sensitivity or which endangers the comfort, repose, health or peace of residents whose property abuts the property line of the parcel;
C. 
Uses shall not generate ground vibration that interferes with the operations of equipment and facilities of adjoining parcels; and
D. 
Vibrations from temporary construction/demolition and vehicles that leave the subject parcel (e.g., trucks, trains, and aircraft) are exempt from the provisions of this section.
(Ord. 473 § 3, 2007)

§ 17.60.060 Radioactivity, Electrical Disturbance Or Electromagnetic Interference:

None of the following shall be emitted:
A. 
Radioactivity, in a manner that does not comply with all applicable state and federal regulations; or
B. 
Electrical disturbance or electromagnetic interference that interferes with normal radio or television reception, or with the function of other electronic equipment beyond the property line of the site; or that does not comply with all applicable federal communications commission (FCC) and other applicable state and federal regulations.
(Ord. 473 § 3, 2007)

§ 17.62.010 Purpose And Applicability:

This chapter establishes the regulation of signs as a way to:
A. 
Encourage creative and innovative approaches to signage within the community that are of high quality design and character and contribute to the overall appearance of the community; and
B. 
Encourage signage that is architecturally and cosmetically compatible with the surrounding area; and
C. 
Enhance the overall property values in the city by discouraging signage that contributes to the visual clutter of the streetscape, such as oversized signs and excessive temporary signs; and
D. 
Enhance aesthetic and traffic safety in the community by minimizing signage information to ensure that signage does not distract motorists, obstruct, or otherwise impede traffic circulation; and
E. 
Safeguard and protect the public health, safety, and welfare through appropriate prohibitions, regulations, and controls on the design, location, and maintenance of signage. The standards of this chapter apply to signs in all zoning districts. Only signage specifically authorized by this chapter shall be allowed.
(Ord. 473 § 3, 2007)

§ 17.62.020 Review Of Signs:

A. 
Permit Required: Except as otherwise provided in this chapter, no person shall erect, move, alter, replace, or maintain any sign without first obtaining zoning clearance (administrative plan check) to ensure compliance with applicable provisions of this chapter pursuant to section 17.16.020 of this title. (See section 17.62.030 of this chapter for exemptions.)
B. 
Uniform Sign Program: A uniform sign program is intended to integrate design of signs with the design of the structures to achieve a unified architectural statement. Its purpose is ensuring design compatibility, not providing exemptions from the provisions of this chapter.
C. 
Applicability: A uniform sign program shall be required whenever any of the following circumstances exists:
1. 
New multi-tenant developments of three (3) or more separate tenants that share either the same parcel or structure and use common access and parking facilities;
2. 
Whenever three (3) or more signs are requested by a single tenant in an existing multi-tenant project that is currently not covered by a uniform sign program; or
3. 
Whenever the city determines that a uniform sign program is appropriate in order to achieve the objectives of this title.
D. 
Approval Of A Uniform Signage Program: The hearing and approving body for all uniform signage programs shall be the planning commission. The process for appealing the decision shall be consistent with section 17.14.060 of this title.
E. 
Standards: The uniform sign program shall include criteria for building attached signs for tenants, anchors, freestanding building signs and the integrated development itself to establish consistency of sign type, location, logo and/or letter height, lines of copy, illumination, construction details, and color and materials of signs for the project. All signs within tne development shall be consistent with the USP.
F. 
Revisions To A Uniform Signage Program: The planning director may approve revisions to a uniform signage program if the director determines that the modifications are minor in nature and do not change or modify the intent or conditions of the original approval. Revisions that would substantially deviate from the original approval (as determined by the planning director) shall require planning commission approval.
(Ord. 473 § 3, 2007)

§ 17.62.030 Exempt Signs:

Zoning clearance shall not be required for the signage listed in this section. Any exception to the limitations for exempt signage listed herein shall require a variance pursuant to section 17.16.030 of this title.
A. 
Exempt Signage Without Limitations: The following signs are exempt from a sign permit and city review:
1. 
Signs Within Buildings: Signs that are within buildings and are not visible from any point on the boundary of the property;
2. 
Official Or Legal Notice: Official or legal notice required by a court or government agency (government/civic signs);
3. 
Signs Serving A Government Function: 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);
4. 
Signs On Licensed Commercial Vehicles Prohibiting Outdoor Display Signs: Signs on licensed commercial vehicles, including trailers, that the vehicles/trailers shall not be used as parked/stationary outdoor display signs;
5. 
Change Of Copy: Change of copy that does not alter the size, location, or illumination of a sign;
6. 
Holiday Decorations: Holiday decorations that do not contain any commercial message shall be permitted. Such noncommercial signs shall be removed within seven (7) days following the holiday or event;
7. 
Signs Erected By Historical Agencies: Signs erected by recognized historical agencies that show names of buildings, dates of construction provided the sign is less than two (2) square feet in area.
B. 
Exempt Signage With Limitations: The following signs are exempt from requirement for a sign permit and city review provided that they meet the size, height, duration, and/or maximum number limitations listed:
1. 
Construction Signs: Construction signs not to exceed one sign per street frontage and a maximum of twenty (20) square feet in area or a maximum of thirty two (32) square feet if combined with a future tenant sign. Construction signs may not be illuminated. Such signs shall be removed upon completion of the city's final building inspection. (See section 17.62.080, "Temporary And Special Event Signs", of this chapter.);
2. 
Directional Signs: Directional signs, on site, solely for guiding traffic, parking, and loading on private property, with no advertising. Copy shall be limited to the facility name and address, instructions, and directional arrows. Sign area shall not exceed twenty four (24) square feet in residential districts and thirty six (36) square feet in nonresidential districts. The maximum height for freestanding signs shall be six feet (6') unless the director allows additional height after determining that the visibility of a lower sign would be impaired. The area and number of directional signs do not count towards the total allowed as described in section 17.62.070, table 17.62-1 of this chapter;
3. 
Flags: Flags of a nation, the state of California, other states of the nation, and municipalities;
4. 
Future Tenant Signs: 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 business is allowed. The maximum size of the sign shall be thirty two (32) square feet and the maximum height shall be six feet (6'). Future tenant signs may not be illuminated;
5. 
Gas Pricing Signs: Gas pricing signs, as required by state law, which identify the brand, types, octane rating, etc., provided the signs do not exceed three (3) square feet;
6. 
Garage, Yard, Estate, And Other Home Based Sales Signs: Sign advertising the one day sale of items from a garage, yard, estate, or other home based sale;
7. 
Incidental Signs: Incidental signs, with a maximum area of two (2) square feet per sign. The area and number do not count towards the total allowed as described in section 17.62.070, table 17.62-1 of this chapter;
8. 
Menu/Order Board Signs: Menu/order board signs, as described herein and in subsection 17.62.050D of this chapter. 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) square feet in sign area and that each sign be limited in height to eight feet (B'). The area and number of menu/order board signs do not count towards the total allowed sign area as described in section 17.62.070, table 17.62-1 of this chapter;
9. 
Nameplates: Nameplates, as described below. Nameplates may only be lit by either an indirect light (i.e., porch light) source, low wattage spotlight without glare to the adjoining property, or internal light source with opaque (nontransparent) background.
a. 
Residential, individual unit: Occupant name, street number, and street name signs not exceeding two (2) square feet in area per single-family or multi-family unit;
b. 
Residential, multi-family site: Building number, building name, units located in the building, and other directional signs not exceeding fifteen (15) square feet in area;
c. 
Nonresidential: Signs for commercial, office, and industrial uses not exceeding two (2) square feet, with copy limited to business identification, hours of operation, address, and emergency information;
10. 
Noncommercial Signs: Noncommercial signs that are not located within or over a public right of way unless authorized pursuant to section 17.62.060 of this chapter, or over the roofline of any building and outside of any clear vision triangle as follows:
a. 
Nonilluminated Campaign Signs: Nonilluminated campaign signs of less than four (4) square feet pertaining to an election to any public office or ballot measure may be erected not earlier than forty five (45) days prior to the election and shall be removed within seven (7) days following said election;
b. 
Political Event/Demonstration Signs: Political event and/or demonstrations signs shall be permitted during the course of and at the site of a political event or demonstration.
c. 
Prohibiting Signs: Signs prohibiting trespassing and advertising, as well as neighborhood watch and alarm signs, shall be permitted on private property.
11. 
Public Notice: Any public notice or warning required by a federal, state, or local law or regulation shall be permitted.
12. 
Window Signs: Window signs with a maximum per window coverage of ten percent (10%), seventy five percent (75%) of which must be identifying signage for the business on which the window signs are located.
13. 
Real Estate Signage: Real estate signs for sale or lease of property shall be permitted on private property, set back five feet (5') from the public right of way unless authorized pursuant to section 17.62.060 of this chapter, and out of any required clear vision triangle, with the following limitations:
a. 
For residential property, one on site sign with a maximum sign area of six (6) square feet. Additionally, a maximum of three (3) attached rider signs are permitted on each real estate sign identifying the agent, special feature and/or sales status. On weekends and holidays, open house signs as needed to direct traffic from major collector and arterial streets to the subject property. One sign may be placed for each change in direction to a maximum of five (5) signs with a maximum sign area of six (6) square feet.
b. 
For commercial property, one on site sign per street frontage with a maximum sign area of thirty two (32) square feet for parcels with less than one acre and forty eight (48) square feet for parcels larger than one acre with an eight foot (8') height limit.
(Ord. 473 § 3, 2007)

§ 17.62.040 Prohibited Signs:

The signage listed in this section is inconsistent with the purposes and standards of this chapter as described below and as such are prohibited in all zoning districts. Also, see content restrictions regarding signs with a sexually explicit content in chapter 17.70 of this title.
A. 
Abandoned signs;
B. 
Animated, moving, flashing, blinking (intermittent light), fluctuating, reflecting, revolving, illuminated, or other similar signs, except time/temperature devices and holiday decorations;
C. 
Inflated signs, balloons, and figures;
D. 
Pole signs, except freeway/highway oriented pole signs that may be allowed in nonresidential zoning districts subject to issuance of a conditional use permit;
E. 
Electronic readerboard signs other than time/temperature signs and those serving a government function;
F. 
Roof signs erected and constructed on and/or over the roofline of a building and supported by the roof structure;
G. 
Signs that are unauthorized, temporary or permanent, and are affixed to trees and utility poles;
H. 
Signs emitting audible sounds, odors, or visible matter. Only menu/order board signs may emit sounds, but only as part of their primary function;
I. 
Signs erected in such a manner that a portion of its surface or supports will interfere with the use of fire escapes, standpipes, or emergency exits from a structure or site;
J. 
Signs erected without the consent/permission of the owner (or his/her agent) of the property on which the sign is located;
K. 
Signs on public property or within the public right of way, except government/civic signs erected by a governmental agency or a public utility or signs granted an encroachment permit by the public works department;
L. 
Signs which imitate or resemble official traffic warning devices or signs, that by color, location, content, or lighting may confuse or disorient vehicular or pedestrian traffic, excluding on site direction signs as specified in section 17.62.030 of this chapter;
M. 
Vehicle signs where the primary purpose of the vehicle is advertising matter. This does not apply to signs maintained on vehicles when such advertising is incidental to the primary purpose for which the vehicle is being used (e.g., delivery service). (See section 17.62.030 of this chapter.);
N. 
Off site commercial signs.
(Ord. 473 § 3, 2007; Ord. 504 §§ 1, 2, 2014)

§ 17.62.050 Standards For Special Category Signs:

This section describes the standards applied to certain types of signage as defined in section 17.62.030 of this chapter and are consistent with the standards established for signage as listed in section 17.62.070, table 17.62-1 of this chapter.
A. 
Awning And Canopy Signs: Awning and canopy signs may be permitted only as an integral part of the awning or canopy to which they are attached or applied, as follows:
1. 
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 pedestrianway.
2. 
Maximum Area And Height: Sign area shall comply with the requirements established by section 17.62.070, table 17.62-1 and section 17.62.060 of this chapter. No structural elements of an awning or canopy shall be located less than eight feet (8') above the finished grade.
3. 
Lighting: Awnings shall not be internally illuminated. Lighting directed downwards that does not illuminate the entire awning is allowed.
4. 
Required Maintenance: Awning and canopy signs shall be regularly cleaned and kept free of dust and visible defects.
B. 
Blade/Bracket Signs:
1. 
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.
2. 
Maximum Area, Height, And Projection: The maximum sign area shall be four (4) square feet. The lowest point of a blade or bracket sign shall be a minimum eight feet (8') above grade. The sign may project a maximum of five feet (5') from the building.
3. 
Sign Structure: Sign supports and brackets shall be compatible with the design and scale of the sign.
C. 
Governmental/Civic Sign As A Gateway Sign: A governmentallcivic sign as a gateway sign(s) other than those described in section 17.62.070, table 17.62-3 of this chapter for subdivisions and those exempt as in section 17.62.030 of this chapter may be established subject to the following standards:
1. 
Location: The sign may be located along or within a public right of way at a minimum distance from the public right of way so as to not interfere with the movement of traffic.
2. 
Maximum Area And Height: The maximum sign area shall be thirty two (32) square feet. The maximum height shall be eight feet (B').
3. 
Design: The sign should be designed as a monument sign, consistent with the standards for monument signs described in subsection E of this section.
D. 
Menu/Order Board Sign:
1. 
Location: Menu/order board signs shall not face onto the public right of way.
2. 
Illumination: Menu/order board signs shall only be illuminated by internal light source with opaque (nontransparent) background.
3. 
Maximum Size, Height, And Number: The size, height, and number of menu/order board signs shall be limited as described section 17.62.030 of this chapter.
E. 
Monument Signs:
1. 
Location: The 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 feet (10') from the right of way. See also section 17.62.060 of this chapter.
2. 
Maximum Area And Height: The sign shall comply with the height and area requirements established in section 17.62.070, table 17.62-1 of this chapter.
3. 
Design: The mass/scale of a monument sign shall be consistent with the overall design of the building. The design and placement of the sign shall not interfere with the clear vision triangle.
4. 
Landscape Requirements: Landscaping shall be provided at the base of the supporting structure equal to twice the area of one face of the sign. For example, twenty (20) square feet of sign area requires forty (40) 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 chapters 17.32, 17.34, 17.36, and 17.54 of this title.
F. 
Reader Board Signs: Reader board signs may only be allowed:
1. 
In conjunction with facilities used exclusively for the presentation of theatrical, cultural, or religious events as allowed by a zoning clearance. The total area for these signs shall be included in maximum allowed sign area as listed in section 17.62.070, table 17.62-1 of this chapter.
2. 
To advertise products, services, and prices in conjunction with a retail business and limited to a maximum of three (3) square feet.
G. 
Time And/Or Temperature Signs: A time and/or temperature sign may be permitted on a site in addition to the other signs allowed by this section provided it meets the following standards:
1. 
Maximum Area And Height: The sign shall have a maximum area of ten (10) square feet and shall comply with the height requirements established by section 17.62.070, table 17.62-1 of this chapter.
2. 
Design: The sign shall be designed in a manner that is compatible with other signs and with the structure on which it is placed.
H. 
Building Signs: Where allowed in section 17.62.070, table 17.62-1 of this chapter, a building sign shall comply with the following additional requirements:
1. 
Location: The sign shall not be placed to obstruct any portion of a window, doorway, transom, or other architectural detail.
2. 
Maximum Area And Height: The sign shall not project above the edge of a structure and shall comply with the height requirements established by section 17.62.070, table 17.62-1 of this chapter. It shall not take up more than seventy five percent (75%) of the building frontage on which it is placed.
3. 
Projection From Wall: The sign shall not project from the surface upon which it is attached more than required for construction purposes and in no case more than twelve inches (12"). See also section 17.62.060 of this chapter for threedimensional elements on all signs.
I. 
Freeway Oriented Billboards: Notwithstanding the prohibition against off site commercial signs, freeway oriented billboards may be permitted subject to first obtaining a conditional use permit from the planning commission. For the purposes of this section, a "freeway oriented billboard" is hereby defined as an outdoor freestanding sign board which is located within one hundred feet (100') of State Highway 101 and which advertises a business, service or product which is not produced or sold at the site of the sign. A conditional use permit for a freeway oriented billboard may be issued only if the proposed billboard complies with all of the following conditions:
1. 
Location: A freeway oriented billboard shall be located only on property which is zoned highway commercial or industrial. No freeway oriented billboard shall be located closer than one-half (1/2) mile to another freeway oriented billboard. No freeway oriented billboard shall be located on or within any public right of way.
2. 
Maximum Number Of Freeway Oriented Billboards: No more than a total of three (3) freeway oriented billboards may be constructed or approved by the city at any time, provided that each sign must meet all the conditions of this section. Once there are three (3) freeway oriented billboard use permits issued in the city, no other use permit application for a freeway oriented billboard can be processed by the city.
3. 
Height: No freeway oriented billboard shall exceed a height of thirty feet (30') as measured from the existing grade of the property on which the freeway oriented billboard will be located.
4. 
Size Of Signage: No freeway oriented billboard shall exceed five hundred four (504) square feet of advertising surface area. No freeway oriented billboard may contain more than two (2) advertising surface areas. No advertising surface area may contain more than two (2) advertisements.
5. 
Lighting: A freeway oriented billboard may be illuminated in accordance with this title; however, no blinking, flashing, rotating, animated lighting or movement of any kind shall be permitted.
6. 
Approval By State Of California: Freeway oriented billboards receiving a conditional use permit from the city shall not be constructed without proof of a permit issued by the state of California department of transportation, pursuant to the California outdoor advertising act. The city's restrictions regarding freeway oriented billboards shall apply if the city's limitations are more restrictive than the state requirements.
7. 
Structural Design: No freeway oriented billboard shall be approved without planning commission review and approval of the structural design. In particular, the planning commission shall ensure that the location, color, materials and details of the structural design of the freeway oriented billboard are attractive and compatible with surrounding land uses and the city's rural, hometown image.
8. 
Maintenance: Freeway oriented billboards and their supporting members must be maintained in good condition at all times. Upon order by the city, dilapidated freeway oriented billboards must be repaired or removed within thirty (30) days.
(Ord. 473 § 3, 2007)

§ 17.62.060 General Development, Maintenance, And Removal:

This section describes the standards applied to the development, maintenance, and removal of signs within the city.
A. 
Measurement Of Sign Area:
1. 
Computation: Sign area shall be computed by means of a single continuous perimeter composed of any rectilinear geometric figure that encloses the extreme 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 background against which it is placed; however, if the sign is composed of individual letters or symbols using the wall as the background with no added decoration, the total sign area shall be calculated as seventy five percent (75%) of the area of any rectilinear geometric figure that encloses the extreme limits of the characters or symbols.
2. 
Supporting Framework: Supporting framework or bracing that is clearly incidental to the display itself shall not be computed as sign area.
3. 
More Than One Sign Face: 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.
4. 
Three-Dimensional Objects: Where a sign consists of one or more three-dimensional objects (i.e., balls, cubes, clusters of objects, sculpture, or statuelike trademarks), the sign area shall be measured as their maximum projection upon a vertical plane.
5. 
Time And Temperature Devices: For signs that incorporate time and temperature devices, the area of these devices shall not be included in the total area of the sign.
6. 
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 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.
B. 
Measurement Of Sign Height: Sign height shall be measured from the uppermost part of the sign used in determining the area of the sign to the lowest elevation at the base of the sign.
C. 
Maintenance Of Signs: All signs shall comply with the following criteria:
1. 
All transformers, equipment, programmers, and other related items shall be screened andlor painted to match the building or shall be concealed within the sign;
2. 
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;
3. 
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;
4. 
All freestanding signs that incorporate lighting shall have underground utility service;
5. 
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 zoning clearance;
6. 
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;
7. 
All illuminated signs shall be of such intensity or arranged in such a manner so as not to create glare for abutting properties or vehicular traffic.
D. 
Illumination Standards: The artificial illumination of signs, either from an internal or external source, shall be designed to eliminate negative impacts on surrounding rights of way and properties. The following standards shall apply to all illuminated signs:
1. 
External light sources shall be directed and shielded to limit direct illumination of an object other than the sign;
2. 
The light from an illuminated sign shall not be of an intensity or brightness that will create a negative impact on residential properties in direct line of sight to the sign;
3. 
Signs shall not have blinking, flashing, or fluttering lights, or other illumination devices that have a changing light intensity, brightness, or color;
4. 
Colored lights shall not be used at a location or in a manner so as to be confused or construed as traffic control devices;
5. 
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
6. 
Light sources shall utilize energy efficient fixtures to the greatest extent possible.
E. 
Sign Removal Or Replacement: When a sign is removed or replaced, all brackets, poles, and other structural elements that support the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the structure.
F. 
Setback Of Freestanding Signs (Permanent And Temporary): The minimum setback distance for signs shall be measured from back of the public right of way. No sign shall encroach into a public right of way. All freestanding signs shall be set back a minimum of ten feet (10') from the public right of way with the following exception:
1. 
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.
G. 
Location Of Building Signs: Building signs may be located along any frontage of a building that faces directly onto a public right of way or an internal circulation path of the site. In no instance shall signs face directly onto residential property.
(Ord. 473 § 3, 2007)

§ 17.62.070 Permitted Signs By Type And Development Characteristics:

Signs permitted within the city are regulated by sign and corresponding development type, rather than zoning district, and the standards for their development are described in table 17.62-1 of this section. Zoning clearance (administrative plan check) is required to determine compliance with applicable provisions of this section. Only those signs that may be permitted are listed. The goal of these standards is to regulate permanent signs that have a commercial message so that they comply with the purpose of this chapter, as established in section 17.62.010 of this chapter. Noncommercial signs and signs that are exempt from these standards are described in section 17.62.030 of this chapter. Temporary signs are listed in section 17.62.080 of this chapter. The following general rules/standards apply to permanent signs regulated in this section:
A. 
Building signs are those signs that are permanently attached to a building (i.e., wall signs, blade/bracket signs, etc.).
B. 
Freestanding signs are those that have their own unique foundation or are otherwise not attached to a building (i.e., monument sign).
C. 
The total allowed sign area may be distributed among the maximum number of signs permitted for each sign type.
D. 
Illumination standards refer to whether or not the sign may be illuminated and how. Signs that may be illuminated may be done so by "indirect or background" (indirect light source, low wattage spotlight without glare to the adjoining property, or internal light source with opaque, nontransparent background) or by any method that produces "no glare onto (neighboring) residential property".
E. 
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 section 17.62.060 of this chapter. Where a ratio is described, it applies up to the listed maximum sign area.
F. 
Public frontage is that area of the building that faces onto a public right of way, an internal circulation aisle, or a parking lot. In no case shall signs face directly onto residential property. (See section 17.62.060 of this chapter.)
TABLE 17.62-1
SIGNS PERMITTED BY TYPE AND DEVELOPMENT CHARACTERISTICS
Sign Type
Maximum No. Permitted
Maximum Area4 (Sq. Ft.)
Maximum Height4 (Ft.)
Minimum Setback From ROW (Ft.)
Illumination Standards
Residential dwellings/uses:
Building signs1
1 per home occupation
2
Roofline
-
No illumination
Single-family subdivisions:
Freestanding signs: entry monument
1 per project entrance
24 each
6
10
Indirect or background
Multi-family dwellings and complexes:
Building signs3
1 per complex
6
Roofline
-
No illumination
Freestanding signs3
1 per vehicle entrance
16 each
6
10
Indirect or background
Permitted nonresidential uses in a residential zoning category:
Building signs3
1 per business
50
Roofline
-
No glare onto residential property
Freestanding signs
1 per business
100
10
10
No glare onto residential property
Commercial uses:
Building signs2: pad buildings and in-line stores >25k sq. ft.
1 per public frontage
100 each side of building
Roofline
-
No glare onto residential property
Building signs1: in-line stores <25k sq. ft.
1 per business
100
Roofline
-
No glare onto residential property
Freestanding signs: individual businesses
1
50
10
10
Indirect or background
Freestanding signs: integrated development
1
150
15
10
Indirect or background
Auto dealerships:
Building signs
1 per business
125
Roofline
-
No glare onto residential property
Freestanding signs
1 per business
150
15
10
No glare onto residential property
Office and industrial uses:
Building signs
1 per business
Maximum 50
Roofline
-
No glare onto residential property
Freestanding signs, standalone project
1 per business
253
10
10
No glare onto residential property
Freestanding signs, integrated development
1 per project entrance
1003
10
10
No glare onto residential property
Permitted uses in the open space zoning district:
Building signs
1 per business
20
6
-
No illumination
Freestanding signs
1 per business
16
10
10
No glare onto residential property
Public/quasi-public uses:
Building signs
1 per use
12
Roofline
-
Indirect or background
Freestanding signs
1 per use
24
6
10
Indirect or background
Notes:
1. Excludes nameplates as described in section 17.62.030 of this chapter.
2. Refer to design guidelines: industrial park design guidelines, building and monument signs.
3. Square feet by side.
4. On site signs for commercial and industrial districts may exceed the height limits after showing that the operation on site requires the added visibility and that site topography or other constraints would preclude adequate visibility of the sign and upon issuance of a conditional use permit.
(Ord. 473 § 3, 2007)

§ 17.62.080 Temporary And Special Event Signs:

This section describes standards for temporary signs, special event signs, and signs for subdivisions.
A. 
Temporary Signs: Temporary commercial signs such as banner signs and portable signs for grand openings, special product, sale, or event advertising are permitted within the city with the development standards described below. While the city does not issue temporary sign permits, provisions herein will be enforced pursuant to chapter 17.12 of this title.
1. 
Time Duration: Each business shall be allowed a maximum of two (2) weeks' temporary promotional signs a quarter/season (4 times a calendar year), not to exceed a total of eight (8) weeks per calendar year. Temporary advertising periods may be combined, but may never be longer than four (4) consecutive weeks (30 consecutive days) at anyone time.
2. 
Illumination: No temporary signs may be illuminated.
3. 
Development Standards: Table 17.62-2 of this section describes the development standards with regards to maximum number, area, height, and setback from the public right of way. In no case maya temporary sign be placed within a required clear vision triangle.
TABLE 17.62-2
TEMPORARY SIGN STANDARDS
Use Type
Maximum Temporary Number Permitted
Maximum Area (Square Feet)
Maximum Height (Feet)
Minimum Setback From ROW (Feet)
Auto dealerships
3 per business
10 each
10
10
Commercial uses, building signs
1 per business
6 each
Roofline
-
Commercial uses, freestanding signs
1 per business
6
5
10
Multi-family dwellings and complexes
3 per complex
Less than 10 units: 10; more than 10 units: 30
Roofline if on building; otherwise 10
5
Office and industrial uses
3 per business
6 each
10
10
Permitted nonresidential uses in a residential zoning category
3 per business
6 each
10
10
Permitted uses in the open space zoning district
1 per business
5
8
10
Public/quasi-public uses
2 per use
5 total
5
10
Residential dwellings/uses, building sign
2 per home occupation
10 total
8
5
B. 
Special Event Signs: Signs not otherwise permitted in this chapter (e.g., beacons, pennants, freestanding banners, inflatable signs), may be permitted for communitywide events or other similar events on a temporary basis with the approval of a zoning clearance.
1. 
Location: Special event sign(s) shall be located on the site of the event and shall not be located above the roofline of any structure. All signs shall be located so as not to obstruct required parking, driveways, or pedestrian walkways, and shall not be located within any clear vision triangle.
2. 
Time: No entity or integrated development may be issued more than two (2) special event sign permits per calendar year for a maximum of fourteen (14) consecutive calendar days each.
C. 
Subdivision Signs: Temporary and limited term subdivision signs for both on site identification and off site directional signs shall be permitted in accordance with the following standards. Single-family subdivision sign provisions shall apply to integrated developments only and not to any single residential lot.
1. 
On Site Signs: On site directional signs shall be permitted in accordance with the provisions listed in table 17.64-3 of this section.
2. 
Off Site Signs: Off site directional signs shall be collocated together with other similar subdivision signs on off site kiosks. Such signs shall be subject to the development standards as described in table 17.62-3 of this section and as follows:
a. 
No off site sign shall have any additions, tag signs, streamers, devices, display boards, or appurtenances added to the sign as originally approved.
b. 
Copy for individual projects listed on the kiosks is limited to the project name and a directional arrow.
3. 
Standards Applicable To All Subdivision Signs:
a. 
Sign Removal: Signs are to be permanently removed when the last home in the subdivision is sold or the sign permit expires, whichever occurs first.
TABLE 17.62-3
SINGLE-FAMILY SUBDIVISION SIGNS
Sign Type
Maximum Temporary Number Permitted
Maximum Area
Maximum Height
Minimum Setback From ROW
Illumina-tion Standards
Other Standards
Freestanding signs: on site
1 per project entrance, max. 6
32 sq. ft. each
10 ft.
10 ft.
No illumination
Freestanding signs/kiosk: off site, per kiosk
1 per major intersection, subject to review by the planning director
n/a
35 ft.
10 ft.
No illumination
See note 1
Freestanding signs/kiosk: off site, per project
6 per project
50 sq. ft. each measuring 10" x 60" max.
20 ft.
10 ft.
No illumination
See note 2
Notes:
1. Only 1 off site freestanding kiosk sign is permitted at each major intersection within the city.
2. Must be collocated with other projects on directional kiosks.
(Ord. 473 § 3, 2007)

§ 17.62.090 Nonconforming Signs:

Signs that were established prior to the adoption, or subsequent amendments, of this chapter, but are inconsistent with the adopted content are considered legal nonconforming uses. As such, they may continue to exist provided that they are not altered, modified, or changed in any way that would require, under this code, zoning clearance by the city or would constitute an otherwise prohibited sign as identified under section 17.62.040 of this chapter, outside of their being legal nonconforming uses (see chapter 17.84 of this title). When such modificationalteration-change occurs (as defined in chapter 17.84 of this title), the sign shall be brought into compliance with this chapter, requiring zoning clearance, and the clearance shall be reviewed under the specifications of section 17.62.020 of this chapter.
(Ord. 473 § 3, 2007)

§ 17.63.010 Purpose:

The purpose of this chapter is to establish uniform regulations for the undergrounding of all utilities.
(Ord. 473 § 3, 2007)

§ 17.63.020 Development Standards:

Unless it is determined by the public works director to be impractical due to existing development or natural features, all utilities (including, but not limited to, electricity, telephone, cable television, etc.) shall be placed underground for all projects. High voltage (e.g., 64 kV and above) transmission lines that are not typically undergrounded are exempt.
(Ord. 473 § 3, 2007)

§ 17.64.010 Purpose:

The purpose of this chapter is to establish rules and regulations for setback measurement, yard areas, and encroachments. These provisions, in conjunction with other applicable provisions of this title, are intended to ensure open areas around primary structures, maintain clear visibility for traffic safety and pedestrian access, buffer between property and land uses, and establish natural and visual light and air space privacy, landscaping and recreation.
(Ord. 473 § 3, 2007)

§ 17.64.020 Required Yard Areas:

The required yard area (front, interior side, street side, and/or rear) of a lot is the horizontal area between the property line and the minimum setback distance for the respective yard pursuant to division III, "Zoning Districts, Allowable Uses, And Development Standards", of this title. Except as otherwise specified in this title, required yard areas shall be kept free of buildings and structures.
(Ord. 473 § 3, 2007)

§ 17.64.030 Setback Measurements:

All setback distances shall be measured at right angles from the designated property line (e.g., front, interior side, street side, rear) and the setback line shall be drawn parallel to the designated property line at the required setback distance, except as follows:
A. 
The rear yard setback on the street side of a double frontage lot is a line parallel to the rear property line abutting the street. However, if an access easement or street right of way line extends into or through a rear yard, the minimum rear yard setback distance shall be measured at right angles from the access easement or right of way line; and
B. 
Where the side lot lines converge to a point with two (2) or three (3) lines, the rear yard setback shall be measured from an imaginary line drawn parallel to the front property line from a distance of ten feet (10') from the point at which the lines converge.
(Ord. 473 § 3, 2007)

§ 17.64.040 Allowed Encroachments/Projections Into Required Yards:

A. 
In addition to the detached structures listed in chapters 17.46, "Accessory Structures", and 17.52, "Fences And Walls", of this title, the following structures and architectural features attached to the main building may project into required yards as listed in table 17.64-1 of this section.
B. 
For single-family residential development, a portion of the main building may project into the required rear yard area, provided that an equal area of the buildable portion of the lot (this area can be anywhere on the lot) is provided as a yard or court.
TABLE 17.64-1
PROJECTION/ENCROACHMENT OF ATTACHED STRUCTURES INTO REQUIRED YARD AREAS
Structures
Encroachment Distance Into Required Setback
Front Yard
Side Yard
Rear Yard
Uncovered porches or stairways, fire escapes or landing places higher than 30 inches above grade
6 feet1
4 feet or 1/2 required setback, whichever is less1
6 feet1
Fireplaces, bay windows, porches, pergolas, awnings, trellis and decks and patios higher than 30 inches above grade
2 feet1, 2
Canopies, cornices, eaves, canopies, and roof overhangs
2 feet1
Notes:
1. However, all such encroachments shall maintain a minimum 3 foot setback from all property lines and a minimum distance of 6 feet from any other structure.
2. The combined length of all such features shall not account for more than 25 percent of the length of the wall surface on which the features are located.
(Ord. 473 § 3, 2007)

§ 17.65.010 Purpose And Intent:

Alleys may be included in new developments for access and utility undergrounding. They should be landscaped for appearance and pedestrian comfort. The purpose of this chapter is to establish dimensional standards for alleys. These provisions are intended to provide opportunity for secondary access, rear access to properties and second units, and to allow access to properties where curb cuts are not permitted on primary street frontages.
(Ord. 473 § 3, 2007)

§ 17.65.020 Development Standards:

Alleys shall have clear visibility for traffic and pedestrian safety. Alley rights of way shall be twenty feet (20') wide. Travel lanes shall be paved and have a minimum width of fourteen feet (14'). Alleys shall be landscaped and have positive surface water drainage connecting to the municipal storm drainage system. Landscape parkways shall be three feet (3') both sides of the travel lane and shall include trees and ground cover. Distance from travel lane to entry of garage shall be eight feet (8') and paved for a length of twenty feet (20') to allow for an eight by twenty foot (8 x 20') parking area within the property line.
(Ord. 473 § 3, 2007)