Huntington Park City Zoning Code

Access. Every structure or use shall have frontage upon a public street or permanent means of access to a public street by way of a public or private easement, or recorded reciprocal access agreement. The design shall preserve, facilitate and integrate the unique pedestrian and vehicular needs of the district/area.

Antennae. This section shall govern the location, construction, installation, maintenance and operation of satellite (residential and nonresidential), wireless and amateur radio antennae. Normal/typical television antennae (roof or ground mounted) and satellite dish antennae under three feet in diameter (roof-mounted) are not regulated by this section.

Color.

Dust and Dirt. All land use activities (i.e., construction, grading and gardening) shall be conducted so as to create as little dust or dirt emission beyond any boundary line of the parcel as possible. To ensure that this occurs, appropriate grading procedures shall include, but are not limited to, the following:

Environmental Assessment. All development proposals shall be evaluated in compliance with the California Environmental Quality Act (CEQA), City and all General Plan environmental policies including, but not limited to, biological resource management areas; riparian corridors; rare, threatened and/or endangered species; air quality; mineral resources; archaeological resources and geologic hazards, in compliance with the City's CEQA policies, provisions and guidelines.

Development within the above listed areas shall be subject to the submittal of appropriate reports, prepared by qualified professionals, as necessary, which address the potential impacts of the proposed project, the identification of mitigation measures deemed necessary to eliminate the significant adverse impacts and the provision of a program for monitoring, evaluating the effectiveness of, and ensuring the adequacy of the specified mitigation measures. All required reports, measures and programs listed above shall be subject to the approval of the Director.

Exterior Walls. The following standards shall apply to all exterior wall construction:

Fences, Walls and Hedges. The erection, construction or repair of fences, walls and/or hedges shall be developed in compliance with Title 8, Chapter 3 of the Huntington Park Municipal Code.

Fire Protection. All structures and uses shall meet the requirements of the County Fire Department.

Fumes, Vapor and Gases. If any existing or proposed use produces emissions which can cause damage to human health, animals, vegetation or other forms of property in quantities that can or may be readily detectable at any point along or outside the boundary lines of the subject parcel, the use responsible shall have the source of the contaminant properly muffled or controlled in order to prevent, to the maximum extent feasible, the issuance, continuance or recurrence of any emission detectable beyond the boundary lines of the subject parcel. All emissions shall be in compliance with the South Coast Air Quality Management District and Regional Water Quality Control Board permits/regulations.

Glare and Heat. Any existing or proposed use that emits glare or heat which constitutes or may be considered a nuisance/hazard on any adjacent property (i.e., arc welders, acetylene torches, furnaces or similar equipment) shall incorporate a shield or control all sources of glare or heat in order to prevent the issuance, continuance or recurrence of the nuisance/hazard.

Hazardous Materials. The following standards are intended to ensure that the use, handling, storage and transportation of hazardous substances comply with all applicable State laws (Government Code Section 65850.2 and Health and Safety Code Section 25500, et seq.). It is not the intent of these regulations to impose additional restrictions on the management of hazardous wastes, which would be contrary to State law, but only to require reporting of information to the City that shall be provided to other public agencies.

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

Height Determination. All structures shall meet the following standards relating to height:

Lighting. Exterior lighting shall be energy-efficient and shielded or recessed so that direct glare and reflections are confined, to the maximum extent feasible, within the boundaries of the parcel and shall be directed downward and away from adjoining properties and public rights-of-way. No lighting shall blink, flash or be of unusually high intensity or brightness. All lighting fixtures shall be appropriate in scale, intensity, height and architectural design to the use they are serving. Security lighting shall be provided at all entrances/exits.

Odor. Any existing or proposed use producing odors or noxious matter in quantities that can or may become a public nuisance/hazard shall have the source of the contaminant controlled in order to prevent the issuance, continuance or recurrence of any emission detectable beyond the boundary lines of the subject parcel.

Outdoor Display and Sales. Temporary outdoor display and sales are allowed subject to the approval of a Special Event Permit in compliance with Chapter 4. Article 5.

Outdoor displays shall not be permitted in front of a building, adjacent to or upon the public right-of-way, either continually or during business hours; for example, stoves, refrigerators, television sets, chairs, tables and garden tools shall not be displayed in the open area between the front building wall or display window and the public sidewalk, nor upon the public sidewalk or parkway, whether or not the area is paved.

The only exception shall be the outdoor display of merchandise when in conjunction with a bona fide grocery store or supermarket, subject to the approval of a Minor Conditional Use Permit in compliance with Chapter 2, Article 8.

Outdoor Storage.

Projections and Equipment Allowed in Setbacks.

Property Maintenance. All property shall be maintained in a clean, sanitary and litter-free condition at all times. Removal of dirt, debris, weeds and trash shall occur on a regular basis.

All structures shall be maintained in a safe manner with a clean, orderly appearance on the interior as well as the exterior. Any physical damage/deterioration (i.e., broken windows/doors, leaking roof, etc.) peeling paint, graffiti and other types of damage/deterioration shall be repaired as soon as possible. Graffiti shall be removed within 72 hours by the owner/occupant of the structure.

Vacant lots shall provide a perimeter fence to control ingress and egress as required by the Director. All property shall be graded or managed to prevent surface water runoff.

Any property/structure that is not properly maintained shall be considered a public nuisance and shall be abated in compliance with Chapter 2 of Title 1 or other applicable sections of this Code.

Radioactivity or Electric Disturbance. Any existing or proposed use that can or may generate any electrical disturbances or produce any radioactive emanations that can or may be considered a nuisance/hazard shall shield or control the source of the electrical/radioactive emanations in order to prevent the issuance, continuance or recurrence of any hazardous or disturbing emanations in compliance with applicable Federal Communications Commission (FCC) regulations.

Screening. Wherever a parcel zoned for commercial or industrial purposes abuts a residential zoning district/use, there shall be erected along the property line abutting the residential zoning district/use a six foot high solid decorative masonry wall. The wall shall be architecturally treated on both sides, subject to the approval of the Director.

Any equipment, whether on the roof, side of structure, or ground, shall be properly screened from public view. The method of screening shall be architecturally compatible in terms of materials, colors, shape and size. The screening design/construction shall be subject to the approval of the Director and shall blend with the design of the structure and include appropriately installed/maintained landscaping when on the ground.

Security Doors/Gates.

Solar Energy. Passive heating and cooling opportunities shall be incorporated in all developments in the following manner:

Toxic Substances and Wastes. No use may operate that utilizes toxic substances or produces toxic waste without the approval of a Conditional Use Permit, in compliance with Chapter 2, Article 11. Prior to consideration of an application for a Conditional Use Permit, the operator shall prepare a toxic substance and waste management plan which will provide for the safe use and disposal of these substances. This plan shall be approved, with conditions, by the Review Authority, as part of the permit review process.

Trash/Recyclable Materials Storage. The following provisions establish standards for the construction/operation of trash and recyclable material storage areas in compliance with the California Solid Waste Reuse and Recycling Access Act (Public Resources Code Sections 42900 through 42911).

"Recyclable material," also referred to as "recyclables" is reusable material including, but not limited to, glass, metals, paper and plastic which are intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous waste or hazardous waste materials. "Trash" is the remaining solid waste.

The Department shall not issue any ministerial/discretionary permit for new construction/remodeling unless the permit is in compliance with this section. The applicant shall provide a complete set of plans illustrating compliance with the following standards:

Undergrounding of Utilities. New utility installations shall be placed underground in compliance with Chapter 7 of Title 7 of this Code. In the event an above ground electrical transformer is located outdoors on any site, it shall be screened from view with a solid wall and/or landscaping and not located in any setback area. If it cannot be screened to the satisfaction of the Director, it shall be located in an underground vault. The Director may waive any portion of this section if topographical, soil or similar physical or economic conditions make the undergrounding unreasonable/impractical.

Urban Design. The following standards are in addition to the specific development standards contained in the individual zoning district articles:

Vibration. Any existing or proposed use generating vibrations that can or may be considered a nuisance/hazard on any adjacent parcel shall have the source of the vibration muffled or controlled in order to prevent the issuance, continuance or recurrence of the disturbing vibrations.

Additional off-street parking facilities;

Artistic sculptures and other public art;

Child day care facilities;

Enhanced pedestrian activities;

Ground level and second floor plazas;

Additional landscaping;

Open space;

Active or passive recreation uses;

Outdoor cafes;

Transit or Traffic Demand Management facilities (i.e., carpool/vanpool parking, transit waiting shelters, shower facilities, etc.);

Mixed use development;

Intergenerational residential or community or mixed use facilities;

Affordable housing; (Also see Subsection 9-4.103.E);

Cultural facilities;

Educational/training facilities;

Public use areas and/or facilities;

Sustainable design (e.g. materials, energy systems, transportation);

Water features;

Enhanced safety or security features;

Livable Communities and Neo-Traditional design features (e.g. porches, alley access, landscaped parkways, additional street trees, pedestrian-oriented site design, additional amenities, shared parking, neighborhood-oriented mixed use); and

Other uses, facilities, amenities or features as determined by the Commission.

Increased allowable floor area ratio (FAR);

Increased building height;

Reduced building setback requirements;

Increased lot coverage percentage;

Reduced parking requirements;

Increased density;

Reduction of fees; and

Other development bonuses as determined by the Commission.

Prioritize hazardous waste management strategies as follows:

Public participation shall be the highest priority during the process of siting hazardous waste facility projects;

The City shall cooperate with other local, State and Federal agencies to efficiently regulate the management of hazardous materials and waste;

Transportation of hazardous waste shall be minimized, and regulated to the maximum extent feasible, in order to avoid environmentally sensitive areas and populated, congested, and dangerous routes, especially within the City limits; and

Strict enforcement of regulations governing the discharge of hazardous wastes into the City sewer system.

Proximity to Populations. For a residual repository, as defined by State law (Health and Safety Code 25204), the distance from the active portion of the facility to one or more residences shall be a minimum of 2000 feet. Treatment and storage facilities, as defined by State law (Heath and Safety Code 25123.3), shall comply with all development standards (i.e., setbacks, height, etc.) for the MPD zoning district, unless a greater distance is justified, based upon the findings of a risk assessment;

Proximity to Immobile Populations. A risk assessment shall be prepared by the operator and reviewed by the Department as part of the permit process, which details the maximum credible accident resulting from the facility operations and its impact on all immobile populations within the City. The extent of the study shall appropriately address the quantity and types of wastes that could be received at the facility. Additionally, the study shall provide an estimate of the distance over which the effects of a spill or emergency situation would carry and a variety of options and related procedures for significantly reducing identified risks;

Capability of Emergency Services. All facilities shall be located in areas where County fire units are able to immediately respond to hazardous materials accidents and where emergency response times have been demonstrated to equal or exceed those established by the County Fire Department. In addition, hazardous materials accident response services at the facility may be required, based upon the type of wastes handled or location of the facility;

Proximity to Active or Potentially Active Faults. All facilities shall maintain a minimum setback of 200 feet from a known earthquake fault;

Slope Stability and Subsidence/Liquefaction. Residual repositories are prohibited in areas of potential rapid geological change (i.e., slope stability, subsidence/liquefaction). All other facilities shall avoid locating in areas of potential rapid geologic change unless containment structures are designed, constructed and permanently maintained to preclude failure;

Aqueducts and Reservoirs. Facilities shall only locate in areas with no threat to the contamination of drinking water sources contained in aqueducts and reservoirs;

Discharge of Treated Effluent. Facilities generating treated wastewater shall have access to adequate sewer capacity in order to accommodate projected waste water discharge. If sewers are not available, the site shall be evaluated for potential sewer connection;

Proximity to Supply Wells and Well Fields. A residual repository shall be located away from the cone of depression created by the test pumping of a well or well field for a minimum of 90 days. Location is preferred where the saturated zone predominantly discharges to nonpotable water without any intermediate withdrawals for public water supply. All other hazardous waste facilities shall locate outside the defined cone of depression;

Depth of Groundwater. Residual repositories and facilities with subsurface storage and/or treatment are prohibited in areas where the highest anticipated elevation of underlying groundwater is five feet or less from the lowest surface point of the facility. At all facilities, the foundation of all containment structures shall be capable of withstanding hydraulic pressure gradients to prevent failure as a result of settlement, compression or uplift, as certified by a California-Registered Civil Engineering Geologist;

Groundwater Monitoring. Operators of proposed/existing residual repositories and facilities with subsurface storage and/or treatment shall develop a program that complies with the California Regional Water Quality Control Board permit requirements for groundwater monitoring;

Major Aquifer Recharge Area. Residual repositories are prohibited within any area known to be, or suspected of, supplying principal recharge to a regional aquifer;

Soil Permeability. Soil permeability requirements for disposal and subsurface treatment and storage facilities shall conform to the current Federal, State, or Water Resources Control Board standards. All other surface facilities shall contain engineered structural design features consistent with other similar types of industrial facilities, including spill containment and monitoring systems;

Existing Groundwater Quality. Residual repositories are permitted only where the uppermost waterbearing zone or aquifer is presently mineralized (by natural or human-induced conditions) to the extent that future potential beneficial use is not feasible;

Nonattainment Area. If locating in a nonattainment area, all facilities emitting air contaminants in excess of established limits shall be subject to pre-construction review under new source review requirements and shall obtain permits to construct and operate from the South Coast Air Quality Management District;

Prevention of Significant Deterioration (PSD) Area. All facilities classified as major stationary sources under the PSD regulations, shall be subject to pre-construction review and implementation of best available control technology;

Proximity to Habitats of Threatened and Endangered Species. All facilities are prohibited in habitats of threatened or endangered species, unless the applicant can demonstrate, to the satisfaction of the Review Authority, that the subject habitat will not be disturbed and the survival of the species will not be threatened;

Recreation, Cultural or Aesthetic Areas. All facilities shall be prohibited within 500 feet of areas of recreational, cultural or aesthetic value, as determined by the Review Authority;

Areas of Potential Mineral Deposits. Residual repositories shall not be located on or near parcels classified as containing mineral deposits of significance by California's Mineral Land Class Maps and Reports;

Proximity to Areas of Waste Generation. Subject to other requirements contained in this chapter, all facilities shall be located in areas best suited for providing services to the hazardous waste generators within the City. Facilities which intend to primarily serve generators outside the City shall demonstrate, to the satisfaction of the Review Authority, why the facility cannot be located closer to the sources of hazardous waste to be serviced;

Proximity to Natural Gas/Petroleum Pipeline. All facilities shall maintain a minimum setback of 100 feet from a natural gas/petroleum pipeline;

Distance from Major Transportation Routes. Distance traveled by trucks to/from the facility on arterial, collector, and local City streets shall be at a minimum. Facility operators shall be required to pay user fees to ensure proper street construction and maintenance necessary to accommodate anticipated increased traffic generated by a facility;

Structures Fronting on Minor Routes. All facilities shall be located to minimize the use of arterial, collector and local City streets by trucks that connect a facility to a State highway or freeway, particularly any City street used primarily by occupants of nonindustrial structures (i.e., residences, schools, etc.). The permit review process shall include an evaluation of the "population at risk" based upon Federal Highway Administration guidelines for applying criteria to designate routes for transporting hazardous materials. The population at risk factor should not exceed that for existing facilities and sites in which lower factors are preferred;

Capacity vs. Average Daily Traffic of Access Roads. The changes projected by a proposed facility in the ratio of route capacity to annual daily traffic shall be negligible;

Changes in Real Property Values. The project applicant shall fund an independent study of anticipated changes and facility impact on employment/real property values if the proposed facility is located within the City. The project applicant and the Director shall agree beforehand upon the scope of the study, and how it will be conducted; and

Direct Revenue to the City. The City shall investigate and impose appropriate taxes, fees and other compensation options related to a proposed facility.

The owner/operator shall prevent the unauthorized entry of persons or animals by providing continual 24 hour surveillance to control entry onto the facility;

Perimeter fencing shall be constructed of a material and at a height specified by the Review Authority; and

Signs with the legend "DANGER HAZARDOUS WASTE AREA-UNAUTHORIZED PERSONNEL KEEP OUT" shall be posted at each entrance to the facility, and at other locations, as specified by the Director. The legend shall be written in both English and Spanish and shall be legible from a distance of at least 25 feet.

In compliance with Chapter 2, Article 18, the City shall be authorized to enforce all codes and conditions related to the facility, including entry onto the subject property to ensure compliance;

The owner/operator shall report quarterly to the Director, the amount, type and disposition of all wastes processed by the facility. The report shall include clear copies of all manifests showing the exact location (coordinates and elevation) of quantities and types of materials placed in repositories or otherwise stored or disposed on-site;

The owner/operator shall immediately distribute copies of all compliance reports as to facility operations and copies of all inspection reports made by other local, Regional, State or Federal agencies to the Director; and

The Emergency Response Plan shall be updated annually, signed by all facility management personnel, and distributed to all local emergency response agencies, as defined by the Director.

No hazardous waste facility shall be approved if, by itself or in combination with other similar facilities, it may manage a volume or type of hazardous waste in excess of that generated within the City, unless satisfactory compensation is provided to the City or as provided by a joint powers agreement;

Any proposed modifications to the types and/or quantities of hazardous wastes managed by an approved facility, shall require the filing/approval of an application to amend the original permit, in compliance with Chapter 2, Article 11 (Conditional Use Permits);

A proposed hazardous waste facility shall have a contingency plan approved by the State Department of Health Services, prior to approval by the City's Review Authority. The contingency plan shall be maintained at the facility, with clear copies provided to all appropriate City, County, Regional and State agencies, as determined by the Director;

The owner/operator of a proposed hazardous waste facility shall, prior to approval by the City's Review Authority, submit a written closure plan approved by the State Department of Health Services. All subsequent revisions to an approved closure plan shall be submitted to the Director for review and approval;

Prior to issuance of a Certificate of Compliance, the owner/operator shall document that all financial responsibility requirements imposed by the State Department of Health Services and any other Federal or State agency have been met;

The owner/operator shall agree to indemnify, defend and render the City harmless against all claims, actions or liabilities relating to permit approval and the subsequent development/operation of the facility;

No hazardous waste facility permit shall be approved if it significantly reduces incentives for waste minimization by hazardous waste generators;

The owner/operator shall prepare and submit an annual emergency response preparedness report to the Director. The report shall be initialed by each person at the facility who has emergency response assignments;

The owner/operator shall submit an annual air, soil and groundwater monitoring report to the Director;

The owner/operator shall be responsible for all costs of responding to a release of hazardous wastes and for compliance with the provisions of this chapter;

Any storage, treatment, disposal or transportation of "extremely hazardous waste" by, or on behalf of, the owner/operator, as defined by State law (Health and Safety Code Section 25115), shall be reported to the Director; and

The City may employ any and all methods permitted by law to enforce the provisions of this chapter and related requirements of this Code.

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

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

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

Landscape and irrigation plans shall be prepared by a landscape architect registered to practice in the State of California.

Landscape design and construction shall emphasize drought-tolerant landscaping whenever/wherever possible.

A fully dimensioned comprehensive landscape plan shall be drawn on project base sheets and shall include, but not be limited to, the following:

A fully-dimensioned irrigation plan shall be drawn on project base sheets. It should be separate from the landscape design plan. The scale and format shall be the same as the landscape design plan. The irrigation design plan shall accurately and clearly identify:

Applicability. A landscape documentation package conforming to the requirements of this section shall be submitted for review and approval by the Review Authority for all projects in which the total landscaped area, including parking lot landscaping, is greater that 2,500 square feet.

Projects with less than 2,500 square feet of landscaped area shall follow the requirements of Sections 9-3.408 and 9-3.409 and any guidelines provided by the Department.

Contents of the Landscape Documentation Package. Each landscape documentation package shall include the following elements which are further described in this section:

Water Conservation Concept Statement. Each landscape document package shall include a cover sheet, referred to as the Water Conservation Concept Statement. It serves as a checklist to verify that the elements of the landscape documentation package have been completed and contains narrative summary of the project. The statement shall be provided in the format established by the Department.

A copy of the Water Conservation Concept Statement and the Certificate of Substantial Completion shall be sent by the applicant to the local retail water purveyor.

Maximum Applied Water Allowance.

Estimated Applied Water Use.

Estimated Total Water Use.

Landscape Design Plan. In addition to the requirements of Section 9-3.406, a landscape design plan meeting the following requirements shall be submitted as part of the landscape documentation package.

Irrigation Design Plan. In addition to the requirements of Section 9-3.406, an irrigation design plan meeting the following conditions shall be submitted as part of the landscape documentation package.

Irrigation Schedules. Irrigation schedules satisfying the following conditions shall be submitted as part of the landscape documentation package.

Maintenance Schedules. In addition to landscape maintenance requirements of Section 9-3.410, (Maintenance of Landscaping), a regular maintenance schedule satisfying the following conditions shall be submitted as part of the Landscape Documentation Package:

Landscape Irrigation Audit Schedules. A schedule of landscape irrigation audits, for all but single-family residences, satisfying the following conditions, shall be submitted as part of the landscape documentation package.

Grading Design Plan. Grading design plans satisfying the following conditions shall be submitted as part of the landscape documentation package when required by the Director.

Soils.

Certification.

On all new construction or new occupancies, the Director may require the planting of trees in the parkway area. All parkway trees shall be 15 gallon minimum in residential zoning districts and 24 inch box minimum in commercial and industrial zoning districts. Trees may be formally or informally spaced. The requirement in quantity is a minimum of one tree for 40 feet of property frontage. This is intended as a general minimum standard, therefore the review authority may require additional trees or landscaping on a case-by-case basis. Areas not devoted to trees or sidewalk shall be appropriately landscaped.

Major structures shall have trees and foundation plantings to break the horizontal ground plane from the vertical plane of the structure. Trees shall be planted in areas of public view adjacent to and along structures, at an equivalent of at least one tree per 30 linear feet of structure. Other areas shall provide trees at a ratio of one tree for each 300 square feet of landscaped area. The clustering of trees is encouraged.

Plants shall be selected which are best suited to the climate of the region and which require minimal water.

All ornamental uses of water in the common areas of a project, (i.e., ponds, lakes and fountains), shall be supplied, operated and maintained with alternative sources of water if they are available.

Trees shall be long-lived (minimum life expectancy of 60 years), clean, require little maintenance, be structurally strong and insect/disease resistant.

Trees and shrubs shall be maintained so that they do not interfere with utility service lines, traffic safety sight areas and basic property rights of adjacent property owners, particularly the right of solar access. Trees should be located as follows:

All on-site trees shall be a minimum of 15 gallons with a ratio of one twenty-four (24) inch-box tree required for every three 15 gallon trees planted.

All trees shall be staked or guyed in compliance with City standards.

Trees planted near public curbs shall have a limited root structure and shall be installed so as to prevent physical damage to sidewalks, curbs, gutters and other public improvements. A root barrier system shall be used.

Shrubs shall be five gallon container size minimum. Exceptions may be approved by the Director for certain plant species.

Landscape areas shall have plant material selected and plant methods used which are suitable for the soil and climatic conditions of the site. The use of drought tolerant plants shall be emphasized.

Mature specimen trees in 36 inch and 48 inch boxes shall be provided for large projects in sufficient quantity, subject to the approval of the Director, to provide variety and emphasis at main focal areas.

All landscaped areas in nonresidential projects shall be bounded by concrete curbing six inches high and six inches wide.

No landscaped area shall be less than three feet in width.

Concrete strips, a minimum of four inches in width, shall be provided to separate all turf areas from other landscaped areas.

Appropriate shrubbery and creeping vines shall be provided along all walls and fences adjoining public rights-of-way.

When inorganic groundcover (i.e., rock, bark) is used, it shall not exceed 10% of the landscaped area and shall be in combination with live plants.

All single-family residential developments shall be provided with trees, shrubs, groundcover and automatic irrigation systems of a type and quality generally compatible with single-family homes in the front yard and side yards visible from public rights-of-way.

Maintenance of all landscaping shall consist of regular watering, mowing, pruning, fertilizing, clearing of debris and weeds, the removal and timely replacement of dead plants and the repair and timely replacement of irrigation systems and integrated architectural features.

Prior to the issuance of a Certificate of Compliance, the landowner of a new project with a site greater than 40,000 square feet shall file a maintenance agreement and easement with the Department in a form approved by the City Attorney. The agreement and easement shall ensure that if the landowner, or subsequent owner(s), fails to maintain the installed landscaping, the City shall be able to file an appropriate lien(s) against the property in order to accomplish the required maintenance.

Irrigation Audit Required.

Water Waste Prevention. It is hereby declared that the willful and knowing waste of water from inefficient landscape irrigation shall be a public nuisance. It shall be unlawful for any firm, corporation, person or persons to knowingly allow irrigation runoff, low head drainage, overspray or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways or structures. Penalties for violation of these prohibitions shall be as established by the Council.

The loudness of the noise;

The purpose for which the noise is produced;

Whether the nature of the noise is usual/natural or unusual/unnatural;

The proximity of the noise to residential sleeping facilities;

The time of the day or night the noise occurs;

The duration of the noise and whether the noise is recurrent, intermittent or continuous; and

Whether the noise is produced by a residential or nonresidential activity.

Activities conducted on the grounds of any public or private nursery school, elementary, intermediate or secondary school or college;

Outdoor gatherings, public dances and shows, provided the events are conducted in compliance with a permit issued by the City;

Activities conducted in any park or playground, provided the park or playground is owned and operated by a public entity;

Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work;

Noise sources associated with construction, repair, remodeling or grading of any real property, provided the activities do not take place between the hours of 7:00 p.m. and 7:00 a.m. on weekdays, including Saturdays, or at any time on Sundays or Federal holidays;

Noise sources associated with the maintenance of real property, provided the activities do not take place between 8:00 p.m. and 7:00 a.m. on weekdays, including Saturdays, or earlier than 9:00 a.m. on Sundays and Federal holidays; and

Any activity to the extent regulation has been preempted by State or Federal law.

Radios, Television Sets and Similar Devices. Any noise level from the use or operation of any radio receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of sound between 10:00 p.m. and 8:00 a.m., which exceeds the noise limit of 65 dBA established by the General Plan at the property line shall be a violation of this chapter.

Loading and Unloading. No person shall cause the loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 8:00 p.m. and 7:00 a.m. in a manner which would cause a noise disturbance to a residential area.

Vehicle Repairs and Testing. No person shall cause or permit the repairing, rebuilding, modifying or testing of any motor vehicle, motorcycle or motorboat in a manner as to cause a noise disturbance between the hours of 8:00 p.m. and 7:00 a.m. within or adjacent to any residential area.

Parking and Landscape Areas. Parking and landscape area activities (i.e., mechanical sweeping, mechanical grass cutting and mechanical blowing) shall not impact residential uses. No parking area or landscape maintenance shall occur between the hours of 8:00 p.m. and 7:00 a.m. which would cause a noise disturbance to a residential area.

Whenever a residential project is to be developed on a site where the existing exterior ambient noise level exceeds 65 dBA, the developer shall incorporate features into the design of the structure that will ensure interior noise levels below 45 dBA CNEL.

All residential developments shall consider the following noise mitigation measures whenever appropriate:

The minimum acceptable surface weight for a noise barrier is four pounds per square feet (equivalent to 3/4 inch plywood). The barrier shall be of a continuous material which is resistant to sound including:

Noise barriers shall interrupt the line-of-sight between the noise source and the receiver.

Nonconforming Structure. A structure that was legally constructed prior to the adoption of this Code but which does not conform to the current provisions governing required yards, height of structures, distance between structures, etc. prescribed for the zoning district in which the structure is located.

Nonconforming Use. A use of a structure or land that was legally established and maintained prior to the adoption of this Code but which does not conform to the current provisions governing allowable uses for the zoning district in which the use is located.

Nonconforming Public Telephones. A publicly accessible telephone that was in existence prior to the adoption of this Code that does not conform to the required standards and permits.

Nonconforming structures or uses shall not be reestablished after having been abandoned or discontinued for a period of six months, or as determined by the Director. This discontinuance shall cause the structure or use to be deemed to have ceased and the structure or use shall not be reinstated or further continued in compliance with Section 9-3.605, below.

The discontinuance or abandonment of the active and continuous operation or occupation of the nonconforming structure or use, or a part or portion thereof is construed and considered to be an abandonment of the nonconforming structure or use, regardless of any reservation of an intent not to abandon or of an intent to resume active operations. If abandonment is evidenced by the actual removal of structures, machinery, furniture, equipment or other components of the nonconforming structure or use, or where there are no business receipts/records available to provide evidence that the use was in continual operation, the abandonment shall be considered to be completed within a period of less than six months and all rights to reestablish or continue the nonconforming structure or use shall terminate. The Director shall issue a notice of discontinuance or abandonment in compliance with Section 9-3.605, of this Code.

No nonconforming structure may be added to, structurally altered or enlarged in any manner, except as provided in subsection (6) of this section; Routine maintenance and repair is allowed.

No nonconforming use occupying a conforming structure or portion thereof or occupying any parcel shall be enlarged or extended into any other portion of the structure or parcel except as provided in Section 9-3.612 (Expansion of Nonconforming Use).

If a nonconforming use is converted to a conforming use, no nonconforming use may be resumed.

No nonconforming use may be established or replaced by another nonconforming use.

Where a nonresidential structure is nonconforming only by reason of inadequate setbacks, yard size, height, or open space, then structural additions, alterations, or enlargements of the existing structure shall be permitted, provided the additions, alterations, or enlargements comply with all current Code provisions/standards relating to the structure's "building envelope" (i.e., setbacks, yards, heights and open space requirements) for the parcel or site.

The provisions of this chapter do not apply to density bonus or bonus development standards.

Nothing in this chapter shall preclude the alteration of a nonconforming structure if the alteration would reduce a nonconforming situation.

Within 60 days after receipt of an appeal, the Director shall hold a public hearing to determine whether the nonconformity should be terminated as indicated in the notice or whether a time extension should be granted;

Notice of the hearing shall be provided in the same manner as the notice of abandonment. In addition, notice shall be provided by mail to the owners and tenants of all abutting parcels;

The Director shall receive written and oral testimony at the hearing relating to the term of abandonment;

At the close of the hearing, the Director shall determine whether/when the nonconformity should be terminated. The burden of proof shall be upon the owner to demonstrate, by a preponderance of the evidence, that the owner is entitled to reestablish the nonconforming use;

The Director shall also determine whether the structure encompassing the nonconforming use can economically be used in its present condition or can successfully be modified for a purpose permitted by the zoning district in which it is located; and

The Director may require reasonable modifications or alterations to any nonconformity to improve the nonconformity's appearance or compliance with this Code, Municipal Code or State law, except that any modification or alteration which would extend the useful life of the nonconformity is expressly prohibited.

Any interested person may appeal the decision of the Director to the Commission within 15 days of service of the order upon the owner. The appeal hearing shall be noticed in the same manner as the original hearing before the Director;

Each appeal shall be accompanied by other documents and information the Director deems to be necessary to adequately explain and to provide proper notification for the appeal. Each appeal shall outline specifically and in detail the grounds for the appeal. The Commission may refuse to consider issues not raised in the written appeal;

When an appeal has been accepted, the Director shall forward to the Commission all documents and information on file pertinent to the appeal, together with the minutes or official action of the Director and a report on the basis of the decision and the appropriateness of the appeal;

The Commission shall consider the appeal at a public hearing, including all information and evidence submitted with the original application and any additional information and evidence the appellant may submit which the Commission finds to be pertinent;

The action of the Commission shall be to sustain, disapprove, conditionally sustain or refer the appeal back to the Director with direction(s), all in compliance with the same requirements and procedures that were applicable to the Director; and

Any interested person may appeal the decision of the Commission to the Council within 10 days of service of the order upon the owner. The appeal hearing shall be noticed and conducted in the same manner as the original appeal hearing before the Commission.

Ordinary maintenance, repairs and alterations may be made to a nonconforming structure, or a conforming structure occupied by a nonconforming use, provided that no structural alteration shall be made if it results in an enlargement or if the expense for the alteration exceeds 50% (as determined by the City Building Official) of the replacement cost of the structure at the time the construction is proposed;

Any nonconforming structure, or structure occupied by a nonconforming use, partially destroyed may be restored provided restoration is started within 90 days of the date of partial destruction and diligently pursued to completion. Whenever a nonconforming structure, or structure occupied by a nonconforming use, is damaged in excess of 50% (as determined by the City Building Official) of its replacement cost at the time of damage, the repair or reconstruction of the structure shall conform with all of the current provisions/standards of the zoning district in which it is located and it shall be treated as a new structure, and any nonconformity shall be remedied, with the following exceptions:

Where any part of a nonconforming structure is acquired for public use, the remainder of the structure may be repaired, reconstructed, or remodeled with the same or similar materials as used in the existing structure;

Disagreements with the interpretation of the provisions of this section shall be heard and resolved by the Commission, subject to appeal to the Council. The burden of proof shall be on the owner to demonstrate that the cost of repairs is less than 50% (as determined by the City Building Official) of the replacement cost of the structure; and

Nothing in this section shall be construed to excuse any owner, occupant or contractor from rebuilding or repairing any damaged structure in compliance with the requirements of the City Building Code or any other health or safety requirements imposed by Local, State or Federal Law or regulation in effect at the time of the repair or rebuilding.

That the expansion or change is minimal;

That the expansion or change will not adversely affect or be materially detrimental to adjoining properties;

That there is a need for relief of overcrowded conditions or for modernization in order to properly operate the use; and

That the use exists and has not been discontinued for a period of six months.

Changing a nonconforming use to a use not permitted in the zoning district;

Increasing or enlarging the area, space or volume occupied by or devoted to a nonconformity;

Addition to a nonconforming use of another use not permitted in the zoning district; or

Any nonconforming use that operates in violation of any local, State or Federal law(s).

The illegal structure/use shall have been constructed or initiated operation prior to the adoption of this Code. If not constructed or initiated before the adoption of this Code, the structure/use shall remain illegal and shall be removed immediately;

The illegal structure/use shall meet the intent/purpose of the Minor Conditional Use Permit process in compliance with Chapter 2, Article 8;

The illegal structure/use shall comply with all Building/Fire/Health/Safety Codes; and

If damaged in excess of 50% (as determined by the City Building Official) of its replacement cost, the illegal structure/use "legalized" in compliance with the provisions of this section, shall be treated as all other legal nonconforming structures/uses.

Provide off-street loading facilities in proportion to the needs of the associated use;

Provide increased traffic safety while reducing congestion and hazards;

Provide accessible, attractive secure and well-maintained loading and delivery facilities; and

Protect adjacent parcels and surrounding neighborhoods from the effects of noise and traffic generated from the anticipated land use.

General commercial uses:

Industrial/manufacturing uses:

Institutional, hospital, hotel, group housing, and similar uses:

Office uses:

Dimensions. Loading spaces shall be not less than 10 feet in width, 25 feet in length, with 14 feet of vertical clearance.

Access.

Lighting. Loading spaces shall have lighting capable of providing adequate illumination for security and safety. Lighting fixtures shall be energy-efficient and in scale with the height and use of the structure(s). Any illumination, including security lighting, shall be directed away from adjoining parcels and public rights-of-way.

Location. Loading spaces shall be located and designed as follows:

Screening. Loading spaces abutting property in a residential zoning district shall have a minimum six foot high decorative masonry wall, approved by the Director, to adequately screen the loading area(s) from view and noise impacts. All wall treatments shall occur on both sides.

Striping. Loading spaces shall be striped and marked to identify the spaces for "loading only." The striping shall be permanently maintained in a clear and visible manner at all times.

Surfacing. Loading spaces shall be surfaced with a minimum thickness of four inches of asphaltic concrete over a minimum thickness of six inches of an aggregate base material or an appropriate structural section to be approved by the City Engineer.

Curbing. Continuous concrete curbing at least six inches high and six inches wide shall be provided for all loading spaces. Wheel stops shall not be used in lieu of curbing.

Loading ramps and truck wells. All plans involving loading ramps (or wells) shall be accompanied by a profile drawing showing the ramp, ramp transitions and overhead clearances.

To provide an adequate amount of convenient off-street parking in order to reduce congestion on public streets;

To provide accessible, attractive, secure, properly lighted and well-maintained and screened off-street parking facilities;

To ensure that off-street parking facilities are designed in a manner that will ensure efficiency and safety and reduce adverse impacts on surrounding properties;

To ensure the maneuverability of emergency vehicles;

To provide parking facilities in proportion to the needs generated by varying types of land use activities; and

To provide incentives for the use of alternative transportation modes in conjunction with regional and local needs and plans.

Off-street parking shall be provided subject to the provisions of this chapter for:

As an exception to the above requirements, on a parcel containing only a single-family residence, an existing single-family residence that has less than the required number of parking spaces may be enlarged without providing additional parking spaces if the addition when combined with the square footage of the existing structure (excluding any garage space) equals less than 1,500 square feet.

All off-street parking spaces and access drives required by this chapter shall be designed and maintained to be fully usable for the duration of the use requiring the parking and access.

Temporary use of off-street parking spaces for nonparking purposes will not violate this Code if the use is less than 30 days and is specifically approved by the Director.

Parking facilities constructed or substantially reconstructed subsequent to the effective date of this chapter, whether or not required, shall conform to the design standards in this chapter.

If more than one use is located on a site, including multiple uses under single ownership, the number of off-street parking spaces to be provided shall be equal to the sum of the requirements prescribed for each use.

Requirements for uses not specifically listed shall be determined by the Director based upon the requirements for comparable uses and upon the particular characteristics of the use.

Fractional space requirements shall be rounded up to the next whole space.

Off-street parking facilities required by this chapter shall not be considered as providing parking spaces for any other use except where a joint parking facility is approved by the Commission in compliance with the provisions of Section 9-3.809, Subsection 8.

Required parking areas shall be used exclusively for vehicle parking in conjunction with a permitted use and shall not be reduced or encroached upon in any manner. All parking facilities shall be designed and maintained so as not to constitute a nuisance at any time and shall be used in a manner that no hazard to persons or property, or unreasonable impediment to traffic, will result.

Parking in all zoning districts shall be without monetary charge when the parking is required by this article.

In multi-use parking areas, required parking spaces shall not be reserved for a specific business or person, unless the spaces are in excess of the number required by this chapter.

Handicapped parking for residential uses shall be provided at the rate of one space for each dwelling unit that is designed for occupancy by a handicapped person.

Handicapped parking spaces shall be provided for nonresidential uses at the following rate:

Handicapped parking spaces shall be provided consistent with the Uniform Building Code, as illustrated below.

When less than five parking spaces are provided, one space shall be 14 feet wide and striped to provide a nine foot parking area and a five foot loading and unloading area. However, there is no requirement that the space be reserved exclusively or identified for handicapped use only.

Handicapped parking spaces required by this section shall count toward fulfilling off-street parking requirements.

All nonresidential uses shall provide adequate locking facilities for bicycle parking at a location convenient to the facility for which they are designated. The number and location of spaces shall be determined by the Review Authority.

For each bicycle parking space required, a stationary object shall be provided to which a user can secure one wheel and the frame of a bicycle with a user-provided cable and lock. The stationary object may be either a freestanding bicycle rack or a wall-mounted bracket.

Access.

Dimensional Requirements.

Drainage. All required off-street parking areas shall be designed so that surface water will not drain over any sidewalk or adjacent parcels.

Driveways. Driveways providing ingress and egress to off-street parking spaces for nonresidential uses shall be a minimum width of 12 feet for a one-way driveway and 24 feet for a two way. The maximum driveway width shall be 30 feet, exclusive of any area provided for a median divider at project entries.

Not more than one driveway shall be accessed from each street or public right-of-way having a property line frontage of less than 70 feet.

Landscaping. The following landscaping standards shall be observed for all parking facilities containing 10 or more spaces:

Lighting. Parking areas shall have lighting capable of providing adequate illumination for security and safety. The minimum requirement is one footcandle, maintained across the surface of the parking area. Lighting fixtures shall be energy-efficient and in scale with the height and use of the on-site structure(s). Any illumination, including security lighting, shall be directed away from adjoining properties and public rights-of-way. All parking area lighting plans shall be subject to approval of the Director.

Location of Required Parking Spaces.

Use of Public Parking Lots.

Maintenance of Parking Facilities. All parking facilities shall be permanently maintained free of litter and debris at all times.

Parking Structures. All parking structures shall be developed as follows:

Security. All parking facilities shall be designed, constructed and maintained with security as a priority to protect the safety of the users.

Screening.

Slope.

Striping and Marking.

Surfacing. All parking areas shall be surfaced with a permanent surface in compliance with current City standards.

Wheel Stops/Curbing. Continuous concrete curbing at least six inches high and six inches wide shall be provided for all parking spaces located adjacent to walls, fences, property lines, structures and landscaped areas.

Driveways.

Parking of Vehicles, Boats, Trailers, and Camper Bodies. In the R-L, R-M, R-H, C-P and C-N zoning districts where parcels of land are used for residential purposes, no person shall store or park, or permit another person to store or park, any boat, trailer or camper body within the front 50% of a parcel, or within the area between the front property line and the front of a residential building, except on a driveway. No person shall store or park, or permit another person to store or park, a motor vehicle with the front 50% of a parcel unless within an approved parking area. No person shall store or park, or permit another person to store or park, an inoperable motor vehicle on a parcel unless within an enclosed garage or unless the area is completely screened from public or private properties.

Driveway Expansions.

Screening of Parking Facilities. All parking spaces serving multi-family uses within the R-M and R-H zoning districts shall be screened from view from public streets by a decorative masonry wall not less that five feet in height or more than seven feet. Walls shall not be located in a setback area and shall incorporate landscaping on the street side to help screen flat wall surfaces.

Duplex units may have two parking spaces that open to the front yard setback area.

Parking Location.

Tandem Parking.

Joint Use with Parking Reduction.

Joint use without parking reduction. If two or more adjoining uses are under common ownership, or separate ownership and the respective owners have acquired recordable easements for reciprocal access, the uses may jointly provide the required number of off-street parking spaces, in which case the required number of parking spaces shall not be less than the sum of the requirements for the individual uses computed separately.

Reductions in the number of required parking spaces may be granted through the approval of a Minor Conditional Use Permit when it is indicated that the reductions are warranted by the provision of Transportation System Management (TSM) measures which are designed to reduce the overall demand for vehicle trips to the site. The project proponent shall request the parking reduction in writing and shall describe the measures to be taken to reduce vehicle trips to the site. The maximum number of spaces reduced shall be 10%, or as determined by the Director when an approved demand analysis is submitted. The TSM program may include, but not be limited to, the following:

To be eligible for a parking reduction, the TSM program shall indicate how the proposed measures will be implemented, the permanency of the measures, the potential number of trips reduced, the number of parking spaces to be eliminated and any other pertinent information. Also, an analysis of what measures will be taken if parking demand exceeds supply shall be included. The potential for maintaining the TSM program will be considered individually for each development in determining the reduction in required parking.

Upon demonstrating to the satisfaction of the Director the effectiveness and permanence of the proposed TSM measures, the Director may approve a Minor Conditional Use Permit reducing the number of parking spaces required by up to 10% depending on the extent of the measures proposed and the likelihood of their success in reducing vehicle trips to the site.

The project proponent shall enter into an agreement with the City to guarantee the implementation, permanence and long-term maintenance of the proposed TSM measures.

Outdoor seating;

Kiosks/vendor carts; and

Outdoor advertising.

Outdoor use on private property shall not exceed five feet in depth, perpendicular to the storefront.

Outdoor uses shall maintain a minimum clearance of five feet from any other tenant storefront space, or as determined by the Director or the Commission. Outdoor uses may be expanded onto adjacent storefront areas up to a maximum of 25% of the subject tenant space width with the written approval of the adjacent tenant occupant and property owner.

Outdoor uses shall be clear of any obstructions for access to any required fire exits or primary entrances.

Outdoor uses shall maintain a minimum clearance of five feet from any stationary object or kiosk/vendor cart other than the storefront.

All pathways shall have a clearance of not less than eight feet above the surface of the path.

Outdoor uses shall require submittal of a site plan review to the Department. Plans shall include measurements, as required, including, but not limited to, arcade widths, access clearance widths and dimensions.

No cardboard or other types of similar storage boxes shall be visible to the pubic.

No outdoor storage shall be permitted in conjunction with any outdoor use.

Outdoor uses shall be limited to the regular hours of operation of the respective business, and all items placed outside shall be removed each evening, unless otherwise approved.

No use or item shall be in excess of six feet in height, unless approved by the Department and a building permit is obtained, if necessary.

All areas, uses, or items shall be maintained in a clean, neat, quiet and orderly manner at all times and shall comply with the property maintenance standards as set forth in the Huntington Park Municipal Code Section 8-9.02.1.

No use or item shall be located so as to be hazardous to pedestrian or vehicular traffic, or extend into the safe line-of-sight distances at intersections, as determined by the City Engineer.

Any signs used in conjunction with an outdoor use shall require review and approval in compliance with this article and other applicable codes, or as required by the Director.

Any outdoor use located on private property shall obtain prior authorization from the property owner.

No services shall be provided outdoors in conjunction with any outdoor use, except for table service of food in conjunction with approved outdoor seating, or as approved by the Director.

All outdoor use areas shall be continuously supervised by management or employees of the respective business to which they are connected, to ensure required pathways are kept clear and that all City requirements are complied with.

Incidental outdoor uses shall not require additional parking beyond that which is otherwise required for the primary permanent use, except as otherwise required by this chapter.

A business shall have no more than a single row of tables parallel to the building frontage.

Any movable or fixed barriers (e.g., fences, planters, poles or ropes) shall be subject to review for approval.

A business may have more than a single row of tables under certain conditions, as approved by the Commission.

All tables and chairs shall be of sturdy construction, made of quality materials, and designed to complement the character of the streetscape. The maximum diameter of the tables shall be 30 inches.

No parking shall be required for outdoor seating, subject to the following restrictions:

Customer trash receptacles shall be provided as required by the Director. The receptacles shall be a decorative design to complement or enhance the intended use.

The kiosk/vendor cart use shall maintain a minimum of five feet unobstructed clearance from any object, fixture, or storefront window to allow pedestrian access and passage.

A valid business license shall be obtained, with location approval per site plan review by the Department.

Kiosks/vendor carts shall be allowed based upon the standard of one kiosk/vendor cart for each 70 feet of lot depth.

No cardboard or other types of similar storage boxes shall be visible to the public.

Outdoor seating/eating may be allowed subject to the approval of a seating area plan.

All displays, materials, and merchandise shall be maintained in a clean, neat, quiet and orderly manner at all times and comply with the property maintenance standards as set forth in the Huntington Park Municipal Code Section 8-9.02.1.

Kiosk/vendor cart design shall be of a quality and appearance that is compatible with the surrounding area and streetscape. Kiosk/vendor cart design approval shall be subject to submittal and review of a detailed cart design and/or photos.

Customer trash receptacles shall be provided as required by the Director. The receptacles shall be a decorative design to complement or enhance the intended use.

The maximum size of the advertisement shall not exceed 12 square feet in surface area per side for a single-or double-sided advertisement. Multiple-sided advertisements, in excess of two sides, are prohibited.

The maximum height from the ground level to the top of any structure shall be six feet.

A freestanding advertisement shall not be located more than three feet from the storefront.

All advertisement structures and materials shall be maintained in good repair and in clean condition at all times.

Design, including materials, lettering and graphics, shall be of good quality and appearance and shall be subject to review and approval by the Department. Outdoor advertisements shall be constructed and lettered in a professional manner.

All materials and lettering finishes shall be durable and weather-resistant.

Designs which incorporate colorful or interesting pictorial graphics or logos are encouraged, and may be eligible for an additional three square feet of area for each side (i.e., 15 square feet maximum total area per side).

Movable, freestanding advertisements approved in compliance with this chapter are exempt from other sign regulations of this Code.

Permit requirements for outdoor advertisements shall be as follows:

That the use has become detrimental to the public health, safety, welfare or character of a neighborhood, or constitutes a hazard or nuisance to pedestrian or vehicular circulation or parking;

That the permit was obtained by misrepresentation or fraud;

That the use for which the permit was granted has ceased or was suspended for 60 or more days;

That the condition of the premises or the area of which it is a part, has changed so that the use is no longer justified nor fully complies with the permit regulations or conditions under the purpose or intent of this chapter;

That the use being conducted is different from that for which the permit was issued;

That one or more of the standards or any special conditions of the permit are not being met; or

Recycling facilities are allowed in compliance with the following schedule:

For the purpose of this chapter, the following definitions shall apply:

All recycling facilities shall comply with the following standards:

The number of residential dwelling units shall not exceed a maximum density of 225 units per gross acre in a Senior Citizen Housing Overlay Zone, or the allowable density in other zoning districts;

A "density bonus" may be utilized if the development proposal is in compliance with the applicable provisions of Article 2 of this chapter (Bonus Development);

The minimum floor area for each residential unit shall be as follows:

The main entrance to the facility, common areas, and all living units shall provide disabled access in compliance with the City's Building Code;

Adequate internal and external lighting shall be provided for security purposes. The external lighting shall be stationary, directed away from adjacent properties and public rights-of-way and of an intensity compatible with the surrounding neighborhood;

Common recreational and entertainment activity area(s) of a number, size and scale consistent with the number of living units shall be provided;

Common laundry facilities of sufficient number and accessibility, consistent with the number of living units shall be provided;

The development may provide one or more of the following specific common facilities for the use of the residents:

Off-street parking shall be provided in compliance with Article 8 of this chapter (Off-Street Parking Standards);

A bus turnout and shelter on the on-site arterial frontage may be required by the Review Authority;

The owner/operator shall ensure that a transportation shuttle service is provided to meet the needs of the residents;

The entire project shall be designed to provide adequate security for residents, guests and employees;

Trash receptacle(s) shall be provided on the premises in compliance with Section 9-3.103; and

Residential occupancy shall be limited to single persons over 55 years of age or married couples of which one spouse is over 55 years of age, or disabled persons as defined by the United States Department of Housing and Urban Development.

To protect and advance the City's interests in community esthetics by controlling visual clutter; to advance and serve the public interests in pedestrian and driver safety; to protect property values; and to allow adequate opportunities for the display of messages on a sign;

To implement the General Plan by insuring that signs erected within the City are compatible with their surroundings and are in keeping with the goals and objectives of the General Plan; and

To maintain the attractiveness and orderliness of the City's appearance by regulating the number, location, type, quality of materials, height, illumination and maintenance of signs.

Enforcement Authority. The Director of Community Development is authorized and directed to enforce and administrate this article.

Permit Generally Required. Unless expressly exempted by a provision of this article or by other applicable law, signs within the regulatory scope of this article may be erected, moved, altered, repaired, maintained or displayed only pursuant to a permit issued by the City.

Message Neutrality. It is the City's policy to regulate signs in a constitutional manner, which is content neutral as to noncommercial signs and content neutral or viewpoint neutral as to commercial signs.

Regulatory Interpretations. All regulatory interpretations of this article are to be exercised in light of the City's message neutrality policy. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this article, then the Director shall approve, conditionally approve or disapprove the application based on the most similar sign type that is expressly regulated by this article.

Substitution of Messages. Subject to the property owner's consent, a noncommercial message of any type may be substituted, in whole or in part, for any duly permitted or allowed commercial message or in place of any duly permitted or allowed noncommercial message, provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This message substitution authorization is continuing in nature, and is not a "one-time" option. This provision prevails over any more specific provision to the contrary within this article. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel, lot or land use; it does not affect the requirement that a sign structure or mounting device be properly permitted; it does not allow a change in the physical structure of a sign or its mounting device; it does not allow the substitution of an off-site commercial message in place of an on-site commercial message, and does not allow one particular on-site commercial message to be substituted for another without a permit.

Rules for Noncommunicative Aspects of Signs. All rules and regulations concerning the noncommunicative aspects of signs, such as location, size, height, illumination, spacing, orientation, etc., stand enforceable independently of any permit or approval process.

Billboard Policy. The City completely prohibits the construction, erection or use of any billboards, other than those which legally exist in the City, or for which a valid permit has been issued and has not expired, as of the date on which this provision is first adopted. This policy does not apply to signs and devices which satisfy the rules for electronic displays. No permit shall be issued for any billboard which violates this policy, and the City will take immediate abatement action against any billboard constructed or maintained in violation of this policy. In adopting this provision, the City Council affirmatively declares that it would have adopted this billboard policy even if it were the only provision in this article. The City Council intends for this billboard policy to be severable and separately enforceable even if other provision(s) of this article may be declared, by a court of competent jurisdiction, to be unconstitutional, invalid or unenforceable. This provision does not prohibit agreements to relocate presently existing, legal billboards.

Permanent signs should be accessory or auxiliary to the principal use of the land.

Situs of Noncommercial Signs. The onsite/off-site distinction applies only to commercial messages on signs.

Multiple Use Zones. In any zone or district where both residential and nonresidential uses are allowed, the sign-related rights and responsibilities applicable to any particular use shall be determined as follows: residential uses shall be treated as if they were located in a zone where that type of use would be allowed as a matter of right, and nonresidential uses shall be treated as if they were located in a zone where that particular use would be allowed, either as a matter of right or subject to a conditional use permit or other discretionary process.

Property Owner's Consent. No sign may be displayed without the consent of the legal owner(s) of the property on which the sign is mounted or displayed. For purposes of this policy, "owner" means the holder of the legal title to the property and all parties and persons holding a present right to possession, control or use of the property.

Legal Nature of Sign-Related Rights and Duties. As to all signs attached to property, real or personal, the signage rights, duties and obligations arising from this article attach to and travel with the land or other property on which a sign is mounted or displayed. This provision does not modify or affect the law of fixtures, sign-related provisions in private leases regarding signs (so long as they are not in conflict with this article or other law) or the ownership of sign structures.

Sign Programs. Sign programs for specific developments, as well as special sign districts or special sign overlay zones, when duly approved, may modify the rules stated herein as to sign size, height, illumination, spacing, orientation or other non-communicative aspects of signs, but may not override or modify any of the Basic Policies stated in this section. All the provisions of this section shall automatically apply to and be deemed a part of any sign program approved after the date on which this provision is initially adopted.

Severance. If any section, sentence, clause, phrase, word, portion or provision of this article is held invalid or, unconstitutional, or unenforceable, by any court of competent jurisdiction, such holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this article which can be given effect without the invalid portion. In adopting this article, the City Council affirmatively declares that it would have approved and adopted the Article even without any portion which may be held invalid or unenforceable.