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Lemoore City Zoning Code

CHAPTER 5

DESIGN STANDARDS

9-5A-1: PURPOSE AND APPLICABILITY:

The purpose of this article is to provide development standards related to all properties within Lemoore regardless of underlying zoning designation or land use. The purpose of this article is to establish development standards for lot area, allowed density, building setbacks, height, and lot coverage as appropriate for each of the city's base zoning districts. (Ord. 2013-05, 2-6-2014)

9-5A-2: HEIGHT LIMITS MEASUREMENT AND EXCEPTIONS:

   A.   Height Measurement: The height of a structure shall be measured as the vertical distance from the finish grade of the site to an imaginary plane located the allowed number of feet above and parallel to the finish grade.
   FIGURE 9-5A-2-A1
   MEASUREMENT OF HEIGHT
 
Exceptions to height regulations are as follows:
      1.   Towers, penthouses, and other roof structures for the purpose of shelter for mechanical equipment, cupolas, water tanks, church steeples, and similar structures and necessary mechanical appurtenances may be erected up to twenty five feet (25') above the allowable height limit of the structure.
      2.   Wireless telecommunication facilities height limits are established in section 9-4D-15, "Wireless Telecommunication Facilities", of this title.
      3.   Fire or parapet walls in nonresidential zoning districts may extend up to four feet (4') above the allowable height limit of the structure. (Ord. 2013-05, 2-6-2014)

9-5A-3: SETBACK DETERMINATION AND REQUIREMENTS:

   A.   Purpose And Applicability:
      1.   Purpose: The purpose of this section is to establish requirements for yard areas, setbacks, and encroachments. These requirements, in conjunction with other applicable requirements, are intended to ensure open areas around primary structures maintain clear visibility for traffic safety and pedestrian access, buffer between various land uses, establish natural and visual light, establish airspace privacy, and provide for landscaping and recreation areas.
      2.   Applicability: The rules for measurement of setbacks, yard areas, and encroachments apply to all properties in the city and shall be in addition to any other applicable development standards and measurement rules contained elsewhere within this title.
   B.   General Yard And Setback Regulations:
      1.   Required Yard Area: Except as otherwise specified in this title, required yard areas shall be kept free of buildings and structures.
      2.   Exclusivity Of Required Yard Area: No yard or other open space provided around any building for the purpose of complying with this title shall be considered as providing a yard or open space for any other building or structure.
      3.   Vertical Clearance: Except as otherwise provided in this title, every part of a required yard shall be open from its lowest point to the sky unobstructed. Building overhangs, bay windows, and other such elements may intrude as permitted, pursuant to subsection D, "Allowed Encroachments Or Projections Into Required Yards", of this section.
      4.   Corner Lots: In the case of a lot abutting two (2) or more streets, the main buildings and accessory buildings shall be erected so as not to encroach upon the required front and street side yards.
      5.   Double Frontage Lots: Where a double frontage lot has a depth of one hundred twenty five feet (125') or more, such lot may be treated as two (2) lots for the purpose of determining yard setbacks.
      6.   Flag Lots: The front setback for a flag lot shall be measured from the property line that abuts the access corridor, not from where the access corridor meets the public street.
      7.   Lot Area, Depth, Width, And Setback Reduction: Where a lot area or a lot width, depth, or setback has been reduced for an existing legally created lot by not more than fifteen percent (15%) as a result of acquisition of dedication for a highway, road, drain, or other public purpose, or as a result of dedication pursuant to a condition of approval, the lot area or yard so reduced may be included in determining compliance with lot area or yard requirements in the same manner as if the acquisition or dedication has not taken place.
      8.   Setback Measurement:
         a.   Generally: The setback of all buildings and structures shall be measured at a right angle from the property line and determined by the exterior boundaries of the streets and highways and their proposed widening and extensions as indicated on the circulation plan, planned improvements map of the city's general plan. Except as permitted in subsection D, "Allowed Encroachments Or Projections Into Required Yards", of this section, or as otherwise specified in this title for specific types of structures (e.g., accessory structures, signs) or through the issuance of a variance, structures shall not extend beyond required setback lines.
         b.   Lots On Loop Out And Cul-De-Sac Streets: The minimum front setback for lots on loop out and cul-de-sac streets shall be five feet (5') less than the otherwise established minimum front setback.
   C.   Residential Yard And Setback Regulations: In addition to the setback standards for single-family residential development listed in section 9-5A-4, table 9-5A-4A, "Development Standards For Residential Zoning Districts", of this article, the following standards shall apply:
      1.   Front Yard Variation: In any full block of lots established through a planned unit development, the front yards may be varied so that the required yard depth is not reduced more than five feet (5'), the average of all lots equals the required yard depth, and the corner lot yards are not reduced.
      2.   Yard Exceptions For Infill Development: On a site situated between sites improved with buildings where said buildings are set back less than the minimum distance required by this subsection, the minimum front yard shall be the average depth of the front yards on the improved sites immediately adjoining the side lines of the site.
      3.   Deviations For Lots Recorded Prior To 1987: In case of irregular or wedge shaped lots and lots in subdivisions recorded prior to 1987, the planning director may grant setback deviations up to fifteen percent (15%) of the stated requirements.
   D.   Allowed Encroachments Or Projections Into Required Yards: Bay windows, cornices, canopies, attached decks and patios, eaves, fireplaces, roof overhangs, and similar architectural features may encroach up to six feet (6') into the required front yard and up to two feet (2') into all other required yard areas. Patio covers attached to the main structure that are no taller than 16 feet may encroach up to five (5') into the required rear yard.
(Ord. 2013-05, 2-6-2014; amd. Ord. 2025-02, 4-1-2025)

9-5A-4: GENERAL ZONING DISTRICT DEVELOPMENT STANDARDS:

   A.   Table 9-5A-4A, "Development Standards For Residential Zoning Districts" and table 9-5A-4B "Development Standards For Office, Commercial, Industrial, And Special Purpose Zoning Districts", of this section establish the lot area, allowed density, building setbacks, height, and lot coverage requirements, as defined in this title, for each of the city's base zoning districts, except the mixed use zoning districts. Development standards and design provisions for the downtown mixed use zones (DMX-1, DMX-2, and DMX-3) are addressed in chapter 6, "Downtown Development Standards", of this title. Development standards and design provisions for the mixed use zone (MU) are addressed in chapter 7, "Mixed Use Development Standards", of this title. Zoning district names for the zoning district symbols used in the table are the same as those used in section 9-4B-2 of this title.
TABLE 9-5A-4A
DEVELOPMENT STANDARDS FOR RESIDENTIAL ZONING DISTRICTS
 
Measurement/Zoning District
Residential Zoning Districts
AR
RVLD
RLD
RN
RLMD
RMD
RHD
Measurement/Zoning District
Residential Zoning Districts
AR
RVLD
RLD
RN
RLMD
RMD
RHD
Site area per dwelling unit, minimum (square feet)
No minimum
15,000
5,000
3,000
3,000
2,500
1,700
Lot dimensions:
 
 
 
 
 
 
 
 
Lot size, minimum (square feet)
40,000
10,000
5,000
3,000
3,000
2,000
2,000
 
Lot width, minimum10
150'
100'
50'
50'
60'
60'
60'
 
Lot depth, minimum
200'
150'
100'
90'
90'
80'
80'
Setbacks, minimum:
 
 
 
 
 
 
 
 
Front yard:
 
 
 
 
 
 
 
 
 
Generally2,12
60'
25'
15'
15'
15'
15'
15'
 
 
To garage, front facing
-
-
20'
20'
20'
20'
20'
 
 
To garage, side load
-
-
15'
-
-
-
-
 
 
To porch
-
-
12'
12'
12'
12'
-
 
Side yard:
 
 
 
 
 
 
 
 
 
Interior side
15'
10'
5'
5'
5'
10'
10'
 
 
Street side12
25'
15'
10'
10'
10'
15'
15'
 
 
Combined both sides
-
-
10'
10'
10'
-
-
 
Rear yard:
 
 
 
 
 
 
 
 
 
Generally
10' 4
10' 4
10' 4
10' 4
10'
10'
10'
 
 
To detached alley loaded garage
5'
5'
5'
0'
0'
0'
0'
 
 
Abutting a street11
20'
20'
20'
20'
20'
-
-
Separation between buildings, minimum7
10'
10'
10'
10'
10'
10'
10'
Height, maximum
40'
40'
35'
35'
35'
45'
60'
 
TABLE 9-5A-4B
DEVELOPMENT STANDARDS FOR OFFICE, COMMERCIAL, INDUSTRIAL, AND SPECIAL PURPOSE ZONING DISTRICTS
Measurement/Zoning District
Office, Commercial, And Industrial Zoning Districts
Special Purpose Zoning Districts
NC
RC
PO
ML
MH
W
AG
PR
CF
Measurement/Zoning District
Office, Commercial, And Industrial Zoning Districts
Special Purpose Zoning Districts
NC
RC
PO
ML
MH
W
AG
PR
CF
Residential density range (du/acre, minimum and maximum)
-
-
17 - 25
-
-
-
-
-
-
Lot dimensions:
 
 
 
 
 
 
 
 
 
Lot size, minimum (square feet)
-
-
20,000
20,000
20,000
-
-
-
-
Lot depth, minimum
-
-
100'
100'
100'
-
-
-
-
Setbacks, minimum:
 
 
 
 
 
 
 
 
 
Front yard:
 
 
 
 
 
 
 
 
 
Generally 2,12
0'
0'
25'
25'
25' 3
0'
0'
0'
25'
To garage, front facing
15'
0'
-
-
-
-
-
-
-
Side yard:
 
 
 
 
 
 
 
 
 
Interior side
0' 5
0' 5
0' 5
0' 5
0' 6
0'
0'
0'
0'
Street side 12
10'
10'
10'
10'
10'
0'
0'
0'
10'
Rear yard
0' 5
0' 5
0' 5
25'
25'
0'
0'
0'
25'
Separation between buildings, minimum 7
10'
10'
10'
-
-
0'
0'
0'
10'
Lot coverage, maximum percent of lot area 8
80%
80%
65%
-
-
-
-
-
-
Floor area ratio (FAR):
 
 
 
 
 
 
 
 
 
Minimum
0.10
0.10
0.10
0.10
0.10
-
-
-
-
Maximum
0.60
0.60
0.60
0.60
0.60
-
-
-
-
Height, maximum
-
-
35'
60' 9
60' 9
30'
65'
30'
45'
  
Notes:
    1.    Accessory dwelling units and junior accessory dwelling units are not counted when calculating site area per dwelling unit.
    2.    Reserved.
    3.    For every 1 foot in additional height, an additional 1 foot in setback is required.
    4.    Additional 5 feet is required for each additional story.
    5.    Required setback is 10 feet when adjacent to any residential zoning district.
    6.    Required setback is 15 feet when adjacent to any residential or mixed use zoning district.
    7.    Separation requirements apply to buildings on the same site as well as separation between buildings on adjacent parcels.
    8.    Also see subsection 9-5D1-2E, “Special Landscape Requirements”, of this chapter for corresponding minimum landscaping and pervious surface requirements.
    9.    Additional building height may be allowed through site plan and architectural review when additional height is necessary for mechanical equipment as part of an industrial operation.
    10.    For flag lots, the minimum width for the access corridor shall be 10 feet. The lot width shall be measured from the front property line as described in section 9-5A-3, “Setback Determination And Requirements”, of this article.
    11.    See section 9-5B-7, “Urban-Rural Edge”, of this chapter.
    12.    15 foot landscape buffer required along arterial and collector streets in addition to minimum setback. These 2 standards are not cumulative and may overlap. See subsection 9-5D1-2E2, “Landscape Buffers Required Along Arterial And Collector Streets”, of this chapter.
(Ord. 2013-05, 2-6-2014; amd. Ord. 2015-08, 1-5-2016; Ord. 2023-10, 9-19-2023)

9-5B-1: PURPOSE:

The purpose of this article is to provide performance standards for all permanent and temporary land uses within the city relative to noise, odor, and vibration, property and utility improvement requirements, outdoor lighting, fences and walls, and screening. The intent is to provide compatibility between neighboring land uses by minimizing various potential impacts. (Ord. 2013-05, 2-6-2014)

9-5B-2: NOISE, ODOR, AND VIBRATION PERFORMANCE STANDARDS:

   A.   Purpose And Applicability:
      1.   Purpose: The purpose of this section is to provide performance standards for all permanent and temporary land uses within the city relative to noise, odor, and vibration. The intent is to provide compatibility between neighboring land uses by minimizing various potential impacts.
      2.   Applicability: The standards of this chapter apply to all new and existing land uses within the city, unless otherwise exempted. Existing uses shall not be modified in conflict with the provisions of this chapter.
   B.   Noise Standards:
      1.   Applicability: In addition to the provision contained within this section, all uses shall comply with the noise standards set forth in the city’s general plan and in title 5, chapter 6, “Noise”, of the municipal code. Unless otherwise specified in this section or the general plan, all noise measurements shall be based upon the community noise equivalent level (CNEL).
      2.   Generally: No use, activity, or process shall exceed the maximum allowable noise levels established by this section, except for the following noise sources:
         a.   Public safety warning devices (e.g., ambulance, fire, and police sirens), sound for alerting persons to the existence of an emergency, or the performance of authorized emergency work;
         b.   Any activity whose noise levels are regulated by state or federal law;
         c.   Construction, maintenance, and/or repair operations by public agencies and/or utility companies or their contractors that are serving public interests, and/or protecting the public health, safety, and general welfare;
         d.   Public agency sanctioned recreational activities and programs conducted in public parks; and
         e.   The authorized collection of solid waste.
      3.   Maximum Allowable Noise Levels:
         a.   No use shall exceed the standard noise levels established in table 9-5B-2-B1, “Land Use Noise Standards” of this section. Necessary measures shall be incorporated into all development projects to attenuate exterior and/or interior noise levels to these standards.
TABLE 9-5B-2-B1
LAND USE NOISE STANDARDS
Land Use
Noise Standards (dB CNEL)
Interior Noise
Exterior Noise
Land Use
Noise Standards (dB CNEL)
Interior Noise
Exterior Noise
Residential uses
45
651
Residential uses in mixed use zones
45
70
Commercial
-
70
Office
50
70
Industrial
55
75
Public facilities
50
70
Parks
-
70
Schools
50
65
 
   Note:
       1.    In outdoor living areas, e.g., back yards.
         b.   Notwithstanding the above requirements, if the measured ambient noise level exceeds the applicable noise level standard in any category, the applicable standards shall be the ambient noise level.
         c.   Notwithstanding the above requirements, no person shall allow or cause the generation of any noise of a type, volume, pitch, tone, repetition, or duration that would be found to be a nuisance by a reasonable person beyond the boundaries of the property where the noise is generated.
      4.   Acoustical Analysis Required: Where the City determines that a proposed project may generate noise in excess of any limit established above, and/or where the use may generate noise in outdoor areas in excess of sixty decibels (60 dB CNEL), the land use permit application for the use shall include an acoustical analysis by a qualified professional approved by the City. The following measure shall be considered where feasible to reduce noise level below acceptable standards:
         a.   Site layout, including setbacks, open space separation, and shielding of noise sensitive uses with non-noise sensitive uses;
         b.   Acoustical treatment of buildings; or
         c.   Structural measures such as constructed of earth berms and/or wood or concrete barriers or masonry walls. (Ord. 2013-05, 2-6-2014)
      5.   Limitation On Hours Of Construction: To ensure that nearby residents as well as nonresidential activities are not disturbed by noise from early morning or late night activities, the following limits on construction are established:
         a.   Monday through Saturday, seven o’clock (7:00) A.M. to eight o’clock (8:00) P.M. (Ord. 2018-03, 5-15-2018)
         b.   Extended construction hours may only be allowed by the review authority through conditions of approval between eight o’clock (8:00) P.M. and ten o’clock (10:00) P.M.
         c.   On Sundays and national holidays, construction activities may only be allowed by the review authority through conditions of approval between nine o’clock (9:00) A.M. and five o’clock (5:00) P.M.
      6.   Limitation On Truck Deliveries: Truck deliveries to a commercial or industrial parcel adjacent to a conforming residential use shall be limited to the hours between seven o’clock (7:00) A.M. and seven o’clock (7:00) P.M., unless the Planning Director authorizes other delivery times based on the determination that there is either no feasible alternative, or there are overriding transportation and traffic management benefits to scheduling deliveries at night.
      7.   Locating A New Sensitive Land Use: Where noise sensitive land use is proposed in an area exposed to existing or projected noise levels in excess of sixty five decibels (65 dB CNEL), the City may require an acoustical analysis so that noise reduction measures may be included in the project design. (Ord. 2013-05, 2-6-2014)
      8.   Noise Easement Required: All new subdivisions of land approved through tentative subdivision map or parcel map as provided in title 8, chapter 7, article F, “Tentative Maps”, of the Municipal Code shall be required, as a condition of approval, to record at time of final or parcel map an easement on all lots created. Such easement shall identify that the property is near a military installation subject to high aircraft noise, low level aircraft, aircraft tests, and/or other military related issues. Such easement shall also identify that the property is near a railroad line and near industrial uses that produce periodic noise. (Ord. 2018-03, 5-15-2018)
   C.   Odors, Particulate Matter, And Air Contaminants Standards:
      1.   Odor: No obnoxious odors or fumes shall be emitted that are perceptible without instruments by a reasonable person at the property line of the site.
      2.   Particulate Matter And Air Contaminants: The operation of facilities shall not directly or indirectly discharge air contaminants into the atmosphere, including smoke, sulfur compounds, dust, soot, carbon, noxious acids, gases, mist, odors, or particulate matter, or other air contaminants or combinations which exceed any local, State, or Federal air quality standards. Particulate matter shall not be discharged into the atmosphere in excess of the standards of the Federal Environmental Protection Agency, the California Air Resources Board, or the Regional Air Quality Management District. (Ord. 2013-05, 2-6-2014)
      3.   Odor Easement Required: All new subdivisions of land approved through tentative subdivision map or tentative parcel map as provided in title 8, chapter 7, article F, “Tentative Maps”, of the Municipal Code shall be required as a condition of approval to record at time of final or parcel map an odor easement on all lots created. Such easement shall identify the presence of industrial uses in the vicinity of the lot and be in a form satisfactory to the City. (Ord. 2018-03, 5-15-2018)
   D.   Vibration Standards: 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:
      1.   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;
      2.   Uses, activities, and processes shall not generate vibrations that cause discomfort or annoyance to reasonable persons of normal sensitivity or which endanger the comfort, repose, health, or peace of residents whose properties abut the property lines of the subject parcel;
      3.   Uses shall not generate ground vibration that interferes with the operations of equipment and facilities of adjoining parcels; and
      4.   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. 2013-05, 2-6-2014)

9-5B-3: PROPERTY AND UTILITY IMPROVEMENTS:

   A.   Purpose: The purpose of this section is to establish rules and regulations that govern the installation of curbs, gutters, and sidewalks and the undergrounding of all utilities in the City. These requirements, in conjunction with other applicable requirements of this Code, are intended to establish the applicability of said requirements of development in all new industrial, commercial, residential subdivisions, and infill projects. This section addresses the applicability of public utility improvements and is not intended to supersede the City’s construction improvement standards.
   B.   Curbs, Gutters, And Sidewalks: Installation of curbs, gutters, and sidewalks shall be required for all new development projects except rural subdivisions. Such improvements shall be provided at the location determined by the Public Works Director.
   C.   Underground Utility Requirements And Applicability: The requirements listed below govern the undergrounding of utility lines, including telephone facilities, electrical (less than 70 kVA), fire alarm conduits, street lighting wiring, cable television and other wiring conduits, and similar facilities.
      1.   New Developments: In new development areas of the City, all on site utilities shall be installed underground, if feasible.
      2.   Existing Developments: In existing areas of the City where utility lines have not been undergrounded, the requirements listed below shall apply:
         a.   For an existing development that is either: 1) being comprehensively redeveloped or 2) undergoing an addition or renovation of more than two hundred fifty thousand dollars ($250,000.00), all utilities on the project site shall be placed underground. All existing overhead utilities that cross or abut the subject property are also required to be placed underground. “Comprehensively redeveloped” shall mean any instance where a demolition permit has or would be issued for a minimum of fifty percent (50%) of the existing building area.
         b.   For development with less than five hundred feet (500') of public frontage or where utilities are located within a dedicated public utility easement, the applicant may be permitted by the Public Works Director to pay an in-lieu fee to be used by the City to underground utilities, provided the project has been designed to the satisfaction of the Public Works Director and the project is accessible and can be easily improved at such time as the utilities are undergrounded.
         c.   Nothing in this section shall limit the ability of the City and applicant to enter into a deferred improvement agreement for the conversion to underground utilities at a later point in time.
         d.   When the city determines that undergrounding is impractical, an in-lieu fee shall be paid. An in-lieu fee shall be based on the number and type of utility lines and type of surface area being distributed and shall be paid prior to the recordation of a final or parcel map for the subdivision, or the issuance of any building permit, as applicable. The in-lieu fees shall be used by the city to fund underground activities.
      3.   Waiver Of Undergrounding Requirement: Aboveground meters, transformers, condensers, switches, and other related equipment may be allowed above ground if approved by the public works director if it is determined that the equipment is unobtrusive or is adequately screened from public view as part of the site development review process. If the applicant demonstrates that the city’s undergrounding requirement has the effect of prohibiting the requirement of telecommunications facilities, the approving authority shall waive the undergrounding requirement. Conditions for approval of aboveground equipment include, but are not limited to: enclosure in a building other than the principal building of the development, screening with the use of walls, partial subsurface locations, screening with landscaping, and other architectural treatment consistent with the design of the development. (Ord. 2013-05, 2-6-2014)

9-5B-4: OUTDOOR LIGHTING:

The purpose of this section is to balance the safety and security needs for lighting with the city’s desire to preserve dark skies and to ensure that light trespass and glare have negligible impact on surrounding property (especially residential uses) and roadways.
   A.   Exempt Lighting: The following items shall be exempt from the requirements of this chapter:
      1.   All outdoor light fixtures producing light directly by the combustion of fossil fuels, such as kerosene lanterns or gas fixtures.
      2.   Temporary lights used for holiday decorations.
      3.   Emergency lighting erected for official purposes by local, state, or federal agencies.
      4.   Lighting for temporary uses and special events permitted consistent with this title.
      5.   Streetlights in accordance with city standards.
   B.   Prohibited Lighting: The following types of lighting are prohibited:
      1.   Neon tubing or band lighting along buildings and/or structures as articulation, except as approved through site plan and architectural review;
      2.   Searchlights, laser source lights, or any similar high intensity light;
      3.   Lighting fixtures operated in such a manner as to constitute a hazard or danger to persons or to safe vehicular travel;
      4.   Illumination of entire buildings; and
      5.   Moving, flashing, or animated lighting except as allowed for signs as provided in article F, “Signage”, of this chapter.
   C.   General Lighting Requirements: The requirements listed below shall apply to all outdoor lighting:
      1.   Nuisance Prevention: All outdoor lighting shall be designed, located, installed, and maintained in order to prevent glare, light trespass, and light pollution.
      2.   Lighting Study Required For Limited Land Uses: A lighting study or plan (often referred to as a photometric study or plan) shall only be required for those land uses that are most likely to have a negative impact on surrounding sensitive receptors, such as residential dwellings. As such, a lighting study or plan shall only be required for fueling stations, apartment complexes, and uses with parking lots that contain more than one hundred (100) spaces.
      3.   Shielding: Except as otherwise exempt, all outdoor lighting shall be recessed and/or constructed with full downward shielding in order to reduce light and glare impacts on trespass to adjoining properties and public rights of way. Each fixture shall be directed downward and away from adjoining properties and public rights of way, so that no light fixture directly illuminates an area outside of the project site.
      4.   Level Of Illumination: Outdoor lighting shall be designed to illuminate at the minimum level necessary for safety and security and to avoid harsh contrasts in lighting levels between the project site and adjacent properties.
      5.   Maximum Height Of Freestanding Outdoor Light Fixtures: The maximum height of freestanding outdoor light fixtures less than ten feet (10') from a property line abutting residential development shall be eighteen feet (18'). Otherwise, the maximum height for freestanding outdoor light structures shall be twenty four feet (24'). Height shall be measured from the finish grade, inclusive of the pedestal, to the top of the fixture. The designated approving authority may allow greater heights upon finding that there are special circumstances that affect the feasibility of meeting this standard.
      6.   Energy Efficient Fixtures Required: Outdoor lighting shall utilize energy efficient fixtures and lamps, such as high pressure sodium, metal halide, low pressure sodium, hardwired compact fluorescent, or other lighting technology that is of equal or greater efficiency. All new outdoor lighting fixtures shall be energy efficient with a rated average bulb life of not less than ten thousand (10,000) hours.
      7.   Accent Lighting: Architectural features may be illuminated by uplighting, provided that the lamps are low intensity to produce a subtle lighting effect and no glare or light trespass is produced. Wherever feasible, solar powered fixtures should be used. (Ord. 2013-05, 2-6-2014)

9-5B-5: FENCES AND WALLS:

   A.   Purpose: The purpose of this section is to establish development standards and regulations for fences and walls. The intent of these regulations is to provide for adequate air and light permeability onto lots, for adequate buffering between and screening of uses and activities, and for the mitigation of noise.
   B.   Applicability And Exemptions: Except as provided below, the requirements of this chapter apply to all fences and walls.
      1.   Fences that are required by federal or state law or regulation, or which are required by the city for public safety (e.g., temporary construction site fencing) are exempt from this section.
      2.   Walls that are required by mitigation measure and designed and approved through a tentative subdivision map, tentative parcel map, or site plan and architecture review for noise attenuation are exempt from this section. (Ord. 2013-05, 2-6-2014)
   C.   Permit Requirements: Except as provided below, no special planning permit or entitlement shall be required for fences or walls, except that zoning plan check shall be conducted in the event that a building permit is required.
      1.   Building Permit Required: A building permit is required for all fences that exceed seven feet (7') in height. (Ord. 2016-04, 4-19-2016)
      2.   Encroachment Permit Required: An encroachment permit is required for all fences located within a city maintained public utility easement as provided in title 7, chapter 12, “Encroachments”, of the municipal code.
      3.   Retaining Walls: Retaining walls, as defined in this title, may only be constructed as part of an approved grading permit for the site at the time of initial development, as part of a roadway improvement project, or as part of the necessary stabilization of soil for the primary intended use of the property as determined by the public works director.
   D.   Measurement Of Fence And Wall Height: Fence and wall height shall be measured as the vertical distance between the lowest finished grade at the base of the fence and the top edge of the fence material. When a fence or wall is placed atop a “landscape wall” (as defined in this title), the height of the landscape wall shall be considered as part of the fence or wall for purposes of determining the height of the fence or wall.
   E.   Fence And Wall Height Limits In Required Yard Areas:
      1.   General Standards: All fences and walls built within required yard areas or within a clear visibility area shall comply with the height limits shown in table 9-5B-5-E1, “Development Standards For Fences And Walls”, of this section. Minimum permeability refers to the amount of surface area of the fence or wall that shall be open to the passage of light and air. (Ord. 2013-05, 2-6-2014)
TABLE 9-5B-5-E1
DEVELOPMENT STANDARDS FOR FENCES AND WALLS
TABLE 9-5B-5-E1
DEVELOPMENT STANDARDS FOR FENCES AND WALLS
Location Of Fence Or Wall
Maximum
Height
Minimum
Permeability
Within required front yard setback
4 feet
50%
Within required street side yard setback:
 
 
Less than 3 feet from back of sidewalk
4 feet
50%
 
3 feet or greater from back of sidewalk and in front of the front face of the main building
4 feet
50%
 
3 feet or greater from back of sidewalk and behind the front face of the main building
7 feet1
0%
Interior side yard and rear yard setback
7 feet1
0%
Within the clear visibility area at the intersection of streets, alleys, and driveways
3 feet
50%
 
Note:
   1.    Fences taller than 7 feet require a building permit.
      2.   Landscape Walls: Landscape walls within required yard areas shall be constructed to a maximum height of three feet (3'). Landscape walls shall not be used to alter the finish grade of the lot.
      3.   Fence Heights On Corner Lots: When a single-family dwelling has been constructed on a corner lot with its front door facing the street side lot line, a fence or wall up to seven feet (7') high may be constructed within the required front yard setback up to five feet (5') from the front lot line between the interior side lot line and the back of the dwelling when the planning director finds that the fence would not negatively affect the visibility of vehicles entering or exiting the adjacent lot.
   F.   Fence And Wall Design Standards:
      1.   Fencing Materials: Fences and walls shall be constructed of long lasting materials. Unless approved as a condition of approval or in conjunction with another planning permit or entitlement, fences or walls of sheet or corrugated iron, steel, or aluminum are prohibited, with the exception of ornamental fences.
      2.   Barbed Or Concertina Wire Fencing: Barbed or concertina wire fencing shall not be constructed or placed on top of a fence except in agricultural, open space, or industrial zones. The planning director may approve barbed or concertina wire fencing in a commercial zone upon finding that there is a special need for security and that the fencing will be unobtrusive or shielded from public view.
      3.   Chainlink Fences: Chainlink fences taller than forty two inches (42") are prohibited in the front and street side yards of residential property.
   G.   Special Fence And Wall Requirements:
         1.   Perimeter Walls For Residential Subdivisions: Where provided, perimeter walls for residential subdivisions shall comply with the following standards:
         a.   The walls shall be of a decorative design consistent with the following:
         (1)   Walls shall have vertical elements (e.g., pilasters, indentations) of differing colors and/or materials at least every one hundred feet (100');
         (2)   Walls shall include capstones (with limited overhang) of a coordinating color, material, and style as the rest of the wall;
         (3)   Walls shall be of neutral color and shall be textured with stone, brick, stucco, or other surface finish.
         b.   Periodic breaks shall be provided in the wall to provide pedestrian and bicycle connectivity between the subdivision and the adjoining collector or arterial street.
         c.   Walls shall be constructed along the property line between the residential units and the required landscape easement along the collector or arterial street.
         d.   The wall height shall be a minimum of six feet eight inches (6'8") or as otherwise required to adequately attenuate noise of the abutting collector or arterial street or state highway.
         e.   Walls shall not be located inside of the required clear visibility area at the intersections of streets.
      2.   Special Fencing For Commercial, Industrial, And Multi-Family Zones Abutting Residential And Agricultural-Residential Zones: Commercial, industrial and multi-family zone districts shall be screened from abutting residential and agricultural-residential zone districts by a masonry wall or similar solid wall with a minimum height of six feet (6').
      3.   Temporary Fences: Nothing in this section shall be deemed to prohibit the erection of a temporary fence around construction projects in compliance with the California building code and other applicable provisions of the city’s municipal code. (Ord. 2013-05, 2-6-2014; amd. Ord. 2015-08, 1-5-2016; Ord. 2024-01, 6-18-2024)

9-5B-6: SCREENING:

   A.   Purpose: This section establishes screening standards for mechanical equipment, refuse areas, and outdoor storage in all zoning districts and land uses.
   B.   Screening Of Mechanical Equipment: All exterior roof and ground mounted mechanical equipment, including, but not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, duct work, and transformers, shall be screened from public view from abutting public streets and abutting area(s) zoned for residential or open space uses. Screening of mechanical equipment shall be compatible with other on site development in terms of colors, materials, and/or architectural styles.
   C.   Screening Of Refuse Areas:
      1.   Refuse areas shall be screened from public view and adjoining public streets and rights of way and residential zoned areas.
      2.   The method of screening shall be architecturally compatible with other on site development in terms of colors, materials, and architectural style. Exceptions may be permitted for sites with unique characteristics (e.g., shallow lot depth, adjacency to single-family residential). (Ord. 2013-05, 2-6-2014)

9-5B-7: URBAN-RURAL EDGE:

   A.   Consistent with the policies of the general plan, development along the urban edge of the city shall incorporate the following design requirements. These standards shall specifically apply to development along Marsh Drive, the Lemoore Canal, and portions north of Glendale Avenue, portions of Belle Haven Drive, Industry Way, Idaho Avenue, Jackson Avenue, and other areas as depicted in figure 3-1 of the general plan.
      1.   A minimum fifty foot (50') setback from the roads identified above;
      2.   Design and construction of a minimum thirty foot (30') wide landscaped buffer within the public right of way or landscape easement (see figure 9-5B-7-1 of this section);
      3.   Planting multiple layers of trees closely for visual impermeability, and using drought resistant indigenous trees where appropriate;
      4.   Providing only minimal street lighting, at a rate that is fifty percent (50%) of comparable city standard;
      5.   Prohibiting the use of solid walls along these edges (all fences must be visually permeable); and
      6.   Ensuring the scale and character of development does not overwhelm the surroundings by stepping down building heights at the edges.
   FIGURE 9-5B-7-1
   TYPICAL SETBACK AND LANDSCAPE BUFFER ALONG
   URBAN-RURAL EDGE
 
(Ord. 2013-05, 2-6-2014)

9-5C-1: PURPOSE AND APPLICABILITY:

   A.   Purpose: This article establishes design standards to guide discretionary review decisions related to various development types.
   B.   Applicability: The provisions within this article apply to all projects subject to site plan and architectural review as described in sections 9-2B-12, "Minor Site Plan And Architectural Review", and 9-2B-15, "Major Site Plan And Architectural Review", of this Code that are not located within a mixed use or a downtown mixed use zone. Development standards and design provisions for the Downtown Mixed Use Zones (DMX-1, DMX-2, and DMX-3) are addressed in chapter 6, "Downtown Development Standards", of this Code. Development standards and design provisions for the Mixed Use Zone (MU) are addressed in chapter 7, "Mixed Use Development Standards", of this Code. This chapter does not apply to existing buildings and site legally established prior to the adoption of this chapter. (Ord. 2013-05, 2-6-2014)

9-5C-2: DESIGN CONCEPTS:

   A.   General: All projects subject to site plan and architectural review are expected to implement the following design concepts:
      1.   Provide high quality site planning, architecture, and landscape design;
      2.   Enhance the character of the City and/or implement specific design attributes identified in various subareas;
      3.   Ensure physical, visual, and functional compatibility between uses; and
      4.   Protect land values by ensuring that proper attention is paid to site and architectural design.
   B.   Neighborhood Design: The following design concepts apply to the subdivision of land and to larger residential, commercial, and industrial projects that create a private street network, with the overall intent of visually and functionally interconnecting neighborhoods with commercial and employment centers:
      1.   Provide a balanced mix of land uses including housing, schools, parks, commercial, and employment areas.
      2.   Provide pedestrian friendly neighborhoods which are walkable and provide easy access to destinations that residents will travel to on a daily basis.
      3.   Organize new housing in identifiable neighborhoods and provide diversity of housing types, sizes, and densities.
      4.   Provide multimodal connectivity throughout neighborhoods and between neighborhoods and commercial and employment centers.
      5.   Incorporate landscaping to minimize urban runoff.
      6.   Create pedestrian friendly streets that include building orientation to public streets and/or parks and open space.
   C.   Architectural Design:
      1.   Provide authentic architectural styles. Particular attention should be paid to the design of all front elevations and side elevations facing a street or open space.
      2.   Include a diversity of commercial building and housing types by size and mass, elevation, orientation, and setback to avoid repetition. The intent is to create visual variation and interest throughout the community.
      3.   Design buildings that have a variety in mass and scale to avoid large featureless walls. (Ord. 2013-05, 2-6-2014)

9-5C-3: DESIGN STANDARDS FOR RESIDENTIAL PROJECTS:

The standards contained in this section shall apply to new residential development, including single-family residential subdivisions, master home plans, and multi-family residential developments. These standards are intended to implement the design concepts described above.
   A.   Site Design:
      1.   Circulation: Create a circulation system that provides for the safe and efficient movement of all transportation modes:
         a.   Provide internal streets, driveways, and sidewalks that allow residents to park once and easily navigate the entire project site on foot.
         b.   Use special paving to identify unique pedestrian areas.
         c.   Provide connections between the public street and the front door of single-family residential dwellings and multi-family buildings. Design solutions may include, but are not limited to, dedicated pedestrian paths and driveways.
         d.   Utilize maximum block lengths of five hundred feet (500'), except for blocks with single-family residential uses, which may be up to six hundred feet (600') long or seven hundred fifty feet (750') when developed with mid block pedestrian connections.
         e.   All new streets and alleys must connect to other streets and alleys to form a continuous vehicular and pedestrian network. Local, internal streets should be narrow and designed with traffic calming features to control speed.
         f.   Limit the use of cul-de-sacs to no more than ten percent (10%) of the length of all streets in a subdivision map, where constrained by surrounding land attributes.
         g.   Encourage loop out streets rather than cul-de-sacs.
         h.   Also see title 8, chapter 7, article J, "Subdivision Design Standards", of the municipal code for additional subdivision design requirements.
      2.   Building Placement And Orientation: Create diverse residential streetscapes that facilitate interaction between residents and include homes and residential structures that orient to the street.
         a.   Multi-unit residential buildings (e.g., townhomes, condominiums, apartments) shall be designed with different building setbacks and facade variations when multiple buildings are provided.
         b.   Orient home and building sites to take advantage of solar heating and opportunities for solar energy generation.
         c.   Residential development adjacent to open space/parks and other public spaces shall maintain visual access from residential units and common buildings to provide “eyes on the street” surveillance opportunities.
         d.   Buildings shall be designed with structural and spatial variety along the front facades to avoid monotonous appearance.
      3.   Public Space/Pedestrian Amenities: Create attractive and active environments for the enjoyment of residents within residential projects.
         a.   Provide common open spaces within one thousand feet (1,000') of each residential unit.
         b.   Multi-family project shall provide one or more amenities for residents as listed below:
            (1)   Tot lot/play structure;
            (2)   Community garden;
            (3)   Picnic tables with barbecue area (with shade structure);
            (4)   Swimming pool; and
            (5)   Indoor recreation facility.
      4.   Garage Placement And Design: Create residential developments where the garage is subordinate to the main home/building.
         a.   The garage shall not extend more than five feet (5') beyond the front of the home on at least fifty percent (50%) of the master plan home designs within a single-family residential subdivision.
         b.   All garages are required to minimize the negative visual impact of the garage door. Options to achieving this requirement include, but are not limited to, the following:
            (1)   Place the garage at the rear of lot away from public view (e.g., alley load);
            (2)   Recess the garage behind the living area of the home;
            (3)   Utilize side-on garages where garage door is perpendicular to the street (e.g., "swing garage");
            (4)   Cantilever the second story over the garage;
            (5)   Utilize a tandem garage;
            (6)   Articulate garage doors with windows, paneling, recesses, and other details.
   FIGURE 9-5C-3-A2
   SINGLE-FAMILY GARAGE PLACEMENT OPTIONS
 
         c.   Garages facing the street on single-family lots that are less than fifty feet (50') wide shall not exceed sixty percent (60%) of the width of the home.
   B.   Architectural Design:
      1.   Massing, Scale, And Form:
         a.   The structural mass of larger residential buildings shall be broken down into smaller component parts representative of individual dwelling units by:
            (1)   Using dormers, overhangs, balconies, wall projections, and/or porches;
            (2)   Using varied roof forms as appropriate to the architectural style;
            (3)   Utilizing changes in materials to create variations;
            (4)   For multi-unit buildings, staggering the facade of each unit to create different widths along continuous facades, with no building facade width exceeding one hundred twenty five feet (125').
         b.   Attached product (e.g., townhomes or multi-family buildings) shall be designed to look like individual units through the use of clearly identified entries, styles, and design details and a variety of roof forms.
         c.   Master home plans shall include "antimonotony" provisions, as follows:
            (1)   Design rooflines with changes in ridgeline direction and configuration;
            (2)   A minimum of one home plan within each master plan series shall be one story (this only applies to single-family developments);
            (3)   All homes shall be oriented to the street with garages deemphasized and living areas placed toward the front of homes;
            (4)   A minimum of twenty five percent (25%) of all home designs shall include an option for an outdoor living area such as a porch or courtyard that is at least five feet (5') in depth to allow for seating.
      2.   Style And Design Provisions:
         a.   For single-family residential subdivisions and master home plans, no two (2) identical looking front facades/elevations shall be placed on lots within a group of five (5) adjacent lots. For purposes of this section, "adjacent lots" shall mean those lots on either side of a subject lot and those three (3) lots directly across the street from the subject lot (referred to as a "6-pack").
            (1)   The front facade designs of home plans in residential subdivisions shall, by look and appearance, be substantially different from one another. The planning director shall determine which master home plan facade designs are substantially different from each other when they are submitted to the building department.
            (2)   Notwithstanding subsection B2a of this section, up to one additional home with the same front facade design may be placed on an adjacent lot if the home has a different exterior color scheme and four (4) of the five (5) following detail elements are distinctly different from the other home with the same front facade design:
               (A)   Roofing material or color;
               (B)   Front door style;
               (C)   Carriage lights style;
               (D)   Garage door window style;
               (E)   Front walkway layout from front door to driveway or sidewalk.
         b.   For multi-family projects, no two (2) identical elevations shall be placed next to each other. Alternatives include, but are not limited to, rotating the buildings so different elevations are next to each other or utilizing a different building/elevation design. The intent is to limit the monotony of design within multi-family complexes.
         c.   Elevations facing public streets or public open space areas, shall:
            (1)   Wrap facade materials along the side yard elevations to the fence line;
            (2)   Provide architectural features to articulate facades such as trim around doors and windows with substantial depth and detail, window boxes, brackets, overhangs, trellises, and/or lattice.
         d.   Entry features from a public or common sidewalk shall be provided.
            (1)   When provided, porches shall provide functional seating areas with a minimum depth of five feet (5');
            (2)   Front doors shall be visible from the street.
   FIGURE 9-5C-3-B1
   MINIMUM DEPTH OF A FUNCTIONAL FRONT PORCH
 
         e.   Windows and doors shall use window molding, shaped frames, and sills to provide architectural relief.
         f.   Upper story balconies shall have a minimum depth of six feet (6').
         g.   Side facades facing public areas (public or internal streets and sidewalks, open space areas, etc.) shall provide a similar level of design detail as front facades when visible.
      3.   Entries: Primary residential entries shall create an inviting transition between the public and private realm, as follows:
         a.   Separate private entries from the public sidewalk with a semiprivate transition area, such as a porch, terrace, stoop, or similar element; or
         b.   Provide weather protection over each primary entry extending a minimum of four feet (4') from the building facade.
      4.   Single-Family And Mobilehome Development: New single-family and mobilehome developments shall comply with the following specific design criteria in addition to the other standards of this section:
         a.   Siding Material: All main buildings and all detached garages shall consist of wood, masonry, concrete, stucco, masonite, brick, or metal lap.
         b.   Roofs: The following roof design standards shall apply:
            (1)   Roof Overhang: All main buildings shall have a minimum twelve inch (12") roof overhang on each of the dwelling's perimeter walls such that the roof overhang is architecturally integrated into the design of the dwelling unit.
            (2)   Roofing Material: All main buildings and all detached garages and carports located on the front half of the lot shall have a roof constituted of asphalt or composition shingles, clay, concrete or metal tiles, slate or built up materials. All housing units shall have pitched roofs.
         c.   Foundations: All main buildings shall be placed on a permanent foundation which meets applicable city adopted building code requirements and/or section 18551 of the Health And Safety Code, such that the floor elevation of the proposed unit is compatible with the floor elevation of the surrounding dwelling units.
      5.   Multi-Family Development: New multi-family residential development shall meet all of the following specific design criteria in addition to the other standards of this section:
         a.   There shall be a minimum twenty foot (20') deep landscaped area between a public street and parking areas.
         b.   Parking frontages limited to no more than twenty five percent (25%) of street frontages.
         c.   Carport and garage designs that match building designs.
         d.   Carport locations restricted such that they are not highly visible from public streets; portable carport covers shall be prohibited.
         e.   Open landscape area such that each dwelling unit has at least four hundred (400) square feet of on site open space, which may be private open space provided by balconies or patios, or common open space.
         f.   At least thirty two (32) square feet in floor area of private storage space apart from interior closet space shall be provided for each unit.
         g.   Buffer landscaping, at least ten feet (10') deep shall be provided along the project perimeter where adjacent to sensitive uses.
         h.   Architecturally interesting buildings that are not bulky and "boxlike". This can be created by requiring variable roof forms in building designs and limiting the dimension of any single building to one hundred twenty five feet (125').
         i.   Building entries to have roofed projections or recessed entries.
         j.   Pedestrian access provided by walkways to link residential units with other units and with recreational and other facilities within a project.
         k.   Multi-family project developments with twenty five (25) units or more shall provide at least one on site recreational area of at least ten thousand (10,000) square feet in size, or five percent (5%) of the overall site, whichever is greater.
         l.   Except for senior housing developments, multi-family developments shall provide one play area (e.g., tot lot) for every forty (40) dwelling units in the project. Each play area size shall be a minimum of seven hundred fifty (750) square feet and shall be equally spaced from each other. Each play area shall be fenced and include play equipment.
   C.   Deviations: Deviations from one or more of the development/architectural standards in this section is allowed through the site plan and architectural review process on the basis of a finding that the architectural style proposed provides compensating design features and that the proposed dwelling will be compatible and harmonious with existing structures in the vicinity. (Ord. 2013-05, 2-6-2014; amd. Ord. 2023-10, 9-19-2023)

9-5C-4: DESIGN STANDARDS FOR COMMERCIAL, OFFICE, AND MIXED USE PROJECTS:

   A.   Site Design:
      1.   Circulation: The design of access and circulation on project sites should tie the development into the overall neighborhood. In some instances, the internal circulation may extend the public street system into the project site as private streets and drive aisles.
         a.   For auto dependent uses (e.g., car sales lots, gas stations, drive-through restaurants), the building shall be designed to maximize pedestrian safety and convenience.
            (1)   Place a portion of the building at the building setback line with a building entrance facing the sidewalk; or
            (2)   Create a continuous pedestrian path between the primary building entrance and the sidewalk along the street.
         b.   Commercial and employment areas shall be linked to adjacent neighborhoods with continuous pedestrian pathways.
         c.   When transit stops are provided, they shall be fully integrated into the project site and/or at the focal point of the development. The following situations are strictly prohibited:
            (1)   Pedestrian crossings of vehicular driveways without clear marking and protections;
            (2)   Street crossings between transit stops and activity centers without a safe pedestrian crossing within five hundred feet (500').
   FIGURE 9-5C-4-A1
   INTEGRATING TRANSIT STOPS INTO PROJECT SITES
 
      2.   Public Spaces And Pedestrian Amenities: All development shall be pedestrian oriented with design components and amenities, as follows:
         a.   Sites over fifteen (15) acres in size include common areas, such as plazas or gardens.
         b.   Uses such as restaurants may front onto plazas or a public sidewalk and may incorporate outdoor seating and/or dining.
         c.   Seating areas that are hidden from view behind buildings or landscaping are prohibited.
      3.   Building Placement And Orientation: Design and construct buildings to create safe, pleasant, and active environments:
         a.   For project sites over fifteen (15) acres in size, buildings shall be placed and oriented to create a "main street" environment.
         b.   All buildings shall be placed and oriented as follows:
            (1)   Front doors of commercial buildings shall orient to streets or pedestrian oriented areas.
            (2)   Ground floor commercial shall have at least one building entrance for each facade. For buildings facing two (2) streets, a corner entry is acceptable.
            (3)   If a separation is provided between the public street and building (e.g., for parking or a drive aisle), the area shall include significant pedestrian features to create a strong connection between the public sidewalk and primary building entry, such as:
               (A)   Landscaped plaza;
               (B)   Bicycle parking area;
               (C)   Landscaped promenade;
               (D)   Continuous trellis feature;
               (E)   Other amenities.
         c.   Loading and delivery areas shall not be located within a required front or side setback area. When provided, they shall be screened with architectural wing walls and landscaping.
   B.   Architectural Design:
      1.   Massing, Scale, And Form: Commercial and mixed use structures should be designed to contribute to an active, human scaled environment and should complement adjoining properties.
         a.   Multilevel buildings shall incorporate:
            (1)   Building designs that have a visually distinct "base" and "cap".
            (2)   Upper story elements which overlook the street (windows, balconies, terraces).
            (3)   Separate entrances for residential uses, when provided.
   FIGURE 9-5C-4-B1
   DESIGN OF MULTI-STORY BUILDINGS
 
         b.   Building walls shall be articulated to break up the apparent mass of large building with one of the following techniques a minimum of every thirty feet (30'), as illustrated in figure 9-5C-4-B2, "Techniques To Break Up Long Building Walls", of this section:
            (1)   Offsets;
            (2)   Recesses;
            (3)   Changes in plane;
            (4)   Changes in height;
            (5)   Use of windows and doors;
            (6)   Projections such as balconies; and
            (7)   Use of trellis and similar features.
   FIGURE 9-5C-4-B2
   TECHNIQUES TO BREAK UP LONG BUILDING WALLS
 
         c.   Buildings and building walls shall be articulated with the use of engaged columns or other expressions of the structural system.
         d.   Horizontal and vertical divisions shall be provided through changes in color, texture, and/or material.
         e.   Long commercial facades shall be divided into storefronts with visually separate displays.
         f.   Roof design shall incorporate the following:
            (1)   Variations in rooflines shall be provided with the use of dormers, windows, overhangs, arches, gables, or similar details.
            (2)   Sloped roofs shall include eaves that overhang a minimum of one and one-half feet (11/2').
      2.   Style And Design Details: Commercial facades should appear open, inviting, and engaging to the passerby.
         a.   Storefronts shall provide the following:
            (1)   Weather protection at building entries and extending along the facade (e.g., overhangs, canopies, awnings, building recesses).
            (2)   Transparent surfaces to allow a view into and out of buildings from the public sidewalk. A minimum of fifty percent (50%) of primary storefront facades shall be open and transparent to the outside. If window tinting is used, it shall permit a minimum of eighty percent (80%) light transmission.
   FIGURE 9-5C-4-B3
   PRIMARY STOREFRONT DESIGN
 
         b.   Primary entries shall be clearly visible from the street and provide visual interest, with at least three (3) of the following:
            (1)   Differentiated roof, awning, or portico;
            (2)   Trim detail to accentuate the openings;
            (3)   Project or recess entries from their surrounding building facades;
            (4)   Detailed doors and doorway with ornate hardware, transoms, sidelights, trim details, and framing;
            (5)   Windows within entry doorways equivalent to fifty percent (50%) of door surface area;
            (6)   Decorative lighting.
         c.   Secondary entries shall have minor detailing that adds architectural distinction to the facade.
         d.   Use windows to create an open and inviting atmosphere, as follows:
            (1)   Multiple windows shall be provided on the front facade above the main floor in a uniform pattern for all buildings over one story in height.
            (2)   Frame openings with trim and/or recess windows in from the building facade. The trim and/or recess shall be a minimum of four inches (4").
      3.   Architectural Detailing Cost: The city shall not require more than twenty percent (20%) of the construction costs for the building to be toward architectural detailing. It shall be the responsibility of the applicant to provide documentation to the city showing the cost of the detailing relative to the overall cost of the structure in order to seek relief from this code. Such information shall be provided as part of the site plan and architectural design review process.
   C.   Deviations: Deviations from one or more of the development/architectural standards in this section through the site plan and architectural review process on the basis of a finding that the architectural style proposed provides compensating design features and that the proposed building will be compatible and harmonious with existing structures in the vicinity. (Ord. 2013-05, 2-6-2014)

9-5C-5: DESIGN STANDARDS FOR INDUSTRIAL PROJECTS:

   A.   Site Design: The intent of design standards within this section is to provide for the appropriate functional and aesthetic arrangement of buildings and site components for industrial developments.
      1.   Circulation: Develop a circulation system that minimizes conflicts between automobiles, large trucks, and other modes of travel.
         a.   Primary entry drives for automobiles, particularly for visitors arriving by car, shall be enhanced with at least two (2) of the following:
            (1)   Ornamental landscaping;
            (2)   Low decorative wall;
            (3)   Monument sign; and
            (4)   Decorative paving.
         b.   Separation shall be provided between vehicle parking/loading areas and pedestrian areas (e.g., access paths to buildings from the public sidewalk, pedestrian plazas, transit stops).
      2.   Building Placement And Orientation: Industrial projects should present an attractive appearance to the public and minimize any adverse impacts on adjacent properties.
         a.   At least one (1) building on each site should have a public entrance that is a visual focus of the building and have a strong orientation to the street.
         b.   A continuous pedestrian path shall be provided between the public street and the primary building.
         c.   Outside storage areas that are visible from a public right-of- way shall be screened by use of solid fences, solid masonry walls, berms, landscaping, and/or a combination thereof. Screening shall be a minimum of six feet (6') in height or at least as high as the stored materials.
         d.   Long expanses of fence or screen walls shall be architecturally designed with offsets and other techniques to prevent monotony.
      3.   Landscaping: Provide for attractive and functional landscaping for purposes of screening, buffering, and softening of various site elements.
   B.   Architectural Design: The intent of the following design provisions is to encourage projects that contribute positively to the community:
      1.   Entries: Entries into industrial buildings shall convey a sense of entry and architectural primacy along the facade while maintaining an architectural relationship to the overall building composition.
      2.   Materials: Metal buildings shall only be used for primary site buildings if exterior surfaces include some stucco, plaster, glass, stone, brick, decorative masonry, or contrasting metal trim and columns. The facade shall be broken up through the use of colors, textures, break lines, detail metal, or other similar architectural treatments.
   C.   Architectural Detailing Cost: The City shall not require more than twenty percent (20%) of the construction costs for the building to be toward architectural detailing. It shall be the responsibility of the applicant to provide documentation to the City showing the cost of the detailing relative to the overall cost of the structure in order to seek relief from this Code. Such information shall be provided as part of the site plan and architectural design review process.
   D.   Deviations: Deviations from one (1) or more of the development/architectural standards in this section through the site plan and architectural review process on the basis of a finding that the architectural style proposed provides compensating design features and that the proposed building will be compatible and harmonious with existing structures in the vicinity. (Ord. 2013-05, 2-6-2014)

9-5C-6: DESIGN STANDARDS FOR BIG BOX STORES, DISCOUNT CLUBS, AND DISCOUNT SUPERSTORES:

The following standards shall apply to all general retail, warehouse club retail, and other retail stores over fifty thousand (50,000) square feet in size.
   A.   Allowed Treatments:
      1.   Architectural elements shall be incorporated into the facades of the building creating visual interest and achieving compatibility within the design of the surrounding commercial structures.
      2.   Building forms shall be designed to create visual interest on all sides of the structure and the architectural concept shall be consistent on all sides of the building.
      3.   Second and third story volumes shall be stepped, sloped or grouped with one-story volumes to reduce the apparent mass to human scale.
      4.   Entries to individual building and public spaces between buildings, shall be emphasized with highlighted massing and articulated roof forms.
      5.   Building facades shall be recessed or projected at a minimum of every sixty feet (60').
      6.   The building height/roof pitch shall be varied.
      7.   Building facade colors shall be earth-toned, muted colors. Building trim may be accented with brighter and contrasting colors.
      8.   Where appropriate, courtyards and/or outdoor seating areas shall be incorporated into the site plan design.
   B.   Prohibited Treatments:
      1.   The following architectural elements and treatments are prohibited:
         a.   Large scale uninterrupted walls, not otherwise articulated by form fenestration, or materials;
         b.   Massive building elements, such as timber beams and/or columns that are out of scale with the architectural style;
         c.   False facades and other applied ornamentation unrelated to the rest of the building or structure;
         d.   High contrast color, brightly colored glazed tile or highly reflective surfaces; and
         e.   Bold application of colors such as stripes, accents, or super graphics.
      2.   Use of the following materials is prohibited:
         a.   Heavy textured stucco, such as Spanish lace, swirl, or heavy trowel;
         b.   Vinyl, corrugated metal or aluminum siding;
         c.   Common plywood or masonite siding;
         d.   Standard concrete block;
         e.   Rustic materials utilized as primary wall surfaces and dark earth tone colors; and
         f.   Over application of bright accents or trim colors.
   C.   Building Entrance: Commercial structures subject to this section shall provide customers with at least two (2) building entrances in order to encourage greater distribution of parking activity. Additional entrances can be located at one (1) of the two (2) sides of the building and/or the rear of the building. If multiple entries are not practical the structure shall have the appearance of having two (2) entries and in this regard the distinction between the front and rear of the structure shall be blurred through the application of similar architectural treatments.
   D.   Pedestrian Linkage: The site plan shall reflect and facilitate safe pedestrian access linking the building to sidewalks adjacent to project street(s).
      1.   At least five percent (5%) of the total interior area devoted to parking shall be landscaped.
      2.   A landscaped area shall be provided at a minimum of every eight (8) parking spaces.
      3.   Landscaping shall be provided at the building entrance between the parking lot and the front of the building.
   E.   Property Maintenance: Commercial properties supporting a big box store as defined by this section, whether occupied or vacant, shall be maintained so that the structure and surrounding property are not allowed to fall into a state of deferred maintenance and neglect. This includes the building exterior, parking lot maintenance and landscaping on the property. (Ord. 2017-06, 5-16-2016)

9-5D1-1: PURPOSE, APPLICABILITY, AND REVIEW:

   A.   Purpose: This article establishes minimum landscape requirements to enhance the appearance of developments, reduce heat and glare, control soil erosion, conserve water, improve air quality, ensure ongoing maintenance, and ensure that landscape installations do not create hazards for motorists or pedestrians.
   B.   Applicability Of Standards: The regulations of this article apply to new and existing development, as follows. Deviations from the development standards of this article may be allowed on a case by case basis by the designated approving authority through site plan and architectural review.
      1.   New Projects: New commercial, industrial, mixed use, multi- family residential, and single-family residential subdivisions shall be reviewed by the designated approving authority to ensure landscaping is provided in compliance with the requirements of this article.
      2.   Existing Development: Where an existing nonresidential, mixed use, and/or multi-family residential project requests an amendment that increases the building square footage by ten percent (10%) or more, the designated approving authority shall evaluate the existing landscape to ensure compliance with applicable requirements of this article.
   C.   Submittal Requirements: When this article is applicable to new projects or existing development, preliminary and final landscape plans shall be submitted as follows and review of such plans shall be conducted as part of the site plan and architectural review process.
      1.   Preliminary Landscape Plan: A preliminary landscape plan shall be submitted as part of the site plan and architectural design review application. This plan must show conceptual locations for trees, shrubs, ground cover, and other landscape components, quantity, and size. Plans for the retention and/or removal of existing trees shall also be included.
      2.   Final Landscape Plan: A final landscape plan shall be submitted in conjunction with site improvement plans. The final landscape plans shall be in substantial compliance with the approved preliminary landscape plan. Final plans shall show the exact location of and irrigation for trees, shrubs, and ground cover and shall include, at a minimum, plant name, plant quantity, plant size, location of impervious surfaces, utilities and lighting, and irrigation system. Existing trees to be removed or retained shall also be included. The final plan should include a water budget that includes the estimated water use (in gallons), the irrigated area (in square feet), precipitation rate, and flow rate in gallons per minute. If landscaping is not exempt from the water efficient landscape requirements developed by the state, those items listed in article D2, "Landscape Water Reporting Requirements", of this chapter will also be required.
   D.   Review Process: When the requirements of this article are applicable, the following landscape plan review process shall be conducted in conjunction with site plan and architectural review for the proposed project, pursuant to the requirements of section 9-2B-12, "Minor Site Plan And Architectural Review", of this title.
      1.   Approving Authority: The designated approving authority shall be the same as the designated approving authority of the entitlement for new projects or existing development.
      2.   Approval Of Plans: The designated approving authority shall review the preliminary landscape plan. Upon approval of the preliminary landscape plan, a final landscape plan shall be submitted and must be approved with building permits or planning entitlements for new projects or applicable expansions to existing development as established above.
      3.   Approval Required: The landscaping shall not be installed until the applicant receives approval of the final landscape and irrigation plan by the approving authority and any applicable permits have been issued.
      4.   Changes To Final Plans: Changes to the approved final landscape plans that affect the character or quantity of the plant material or irrigation system design are required to be resubmitted for review and approval prior to installation. (Ord. 2013-05, 2-6-2014)

9-5D1-2: LANDSCAPE STANDARDS:

   A.   General Location For Landscape Improvements: Landscaping shall be provided in the following locations, unless the designated approving authority determines that the required landscape is not necessary to fulfill the purposes of this article. Nothing in this article is intended to discourage landscape areas outside and beyond the minimum requirements listed herein.
      1.   Setbacks/Buffers: All setback and buffer areas required by this title shall be landscaped in compliance with this article except where a required setback is occupied by a sidewalk or driveway, or is enclosed and screened from abutting public rights of way. (Ord. 2013-05, 2-6-2014)
      2.   Unused Areas: All areas of a project site not intended for a specific use or purpose in conjunction with a current application, including pad sites being held for future development, shall be landscaped with low growing ground cover, such as cotoneaster, and watered with a drip irrigation system. (Ord. 2014-04, 9-16-2014)
      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 requirements of this article.
      4.   Streetscape (Parkway) Landscaping: As part of new subdivisions or nonindustrial projects, landscaping along public streets in the form of parkways and medians shall be provided consistent with the requirements of the general plan and this article.
   B.   Landscape Design: Landscaping shall be designed as an integral part of the overall site plan with the purpose of enhancing building design and public views and spaces, and providing buffers, transitions, and screening. At a minimum, the following landscape design requirements shall apply:
      1.   Planting design shall have focal points at project entries, plaza areas, and other areas of interest using distinct planting and/or landscape features. (Ord. 2013-05, 2-6-2014)
      2.   (Rep. by Ord. 2014-04, 9-16-2014)
      3.   Landscaping shall be designed with pedestrian paths throughout the landscape areas connecting designated on site pedestrian circulation.
      4.   Amenities such as seating areas shall be incorporated. Entry plazas, bicycle parking, and transit shelters are allowed within landscape areas.
   C.   Plant Type: Landscape planting shall emphasize drought tolerant and native species (especially along natural, open space areas), shall complement the architectural design of structures on the site, and shall be suitable for the soil and climatic conditions specific to the site. (Ord. 2013-05, 2-6-2014)
      1.   Planting Layout and Plant Diversity: (Rep. by Ord. 2014-04, 9-16-2014)
      2.   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.
      3.   Tree Root Barriers: Trees planted within five feet (5') of a street, sidewalk, paved trail, curb, or walkway shall be separated from hardscapes by a root barrier to prevent physical damage to public improvements. (Ord. 2013-05, 2-6-2014)
      4.   Turf Limitations For Residential Uses: High water use turf grasses shall not be planted or utilized in conjunction with construction of new residential housing. Use or planting of drought tolerant turf grasses, such as hybrid Bermuda, is allowed. (Ord. 2014-04, 9-16-2014)
      5.   Turf Limitations For Commercial, Industrial, And Mixed Uses: The use of drought tolerant turf grass shall be required for all proposed turf areas.
   D.   Planting Size, Spacing, And Planter Widths: In order to achieve an immediate effect of a landscape installation and to allow sustained growth of planting materials, minimum plant material sizes, plant spacing, and minimum planter widths (inside measurements) are as follows:
      1.   Trees: The minimum planting size for trees shall be fifteen (15) gallon, with twenty five percent (25%) of all trees on a project site planted at a minimum twenty four inch (24") box size. For commercial, office, community/civic, and industrial development, tree spacing within perimeter planters along streets and abutting residential property shall be planted no farther apart on center than the mature diameter of the proposed species. Minimum planter widths shall be five feet (5').
      2.   Shrubs: Shrub planting shall be a minimum five (5) gallon size, with a 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). The minimum planter width for planters with only shrubs (no trees) is four feet (4').
      3.   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 one foot (1') 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 planter width of eight feet (8'). (Ord. 2013-05, 2-6-2014)
      4.   Vines: Vines are normally planted to provide landscaping screening of a wall or as part of a trellis to screen other site improvements that require screening. Where provided, vines shall be planted every fifteen feet (15') on center in a planter with a minimum width of two feet (2'). (Ord. 2014-04, 9-16-2014)
   E.   Special Landscape Requirements: In addition to the general requirements above, the following requirements apply to the special types of landscaping:
      1.   Streetscape Landscaping: Consistent with the city's general plan and improvement standards, landscaping shall be provided along all public streets within city right of way maintained by the adjacent owner. Depending upon the classification of the street, landscaping shall be required in a parkway between the front of sidewalk and the back of curb and within a planted median (where designated by the general plan). The form, width, and quantity of landscaping shall be consistent with the following standards:
         a.   Landscape Design: Landscaping within parkways and medians shall be consistent with the following: (Ord. 2013-05, 2-6-2014)
            (1)   Street Trees: Street trees shall be provided a minimum of every thirty feet (30') on center on street adjacent to a side yard, and a minimum one per lot when adjacent to a front yard. Tree species shall be approved by the city as part of the improvement plan review process and shall be selected from a city approved tree list. Trees shall be planted ten feet (10') away from alleys, driveways, fire hydrants, water lines, and sewer lines and five feet (5') from gas, electrical, telephone, cable television, and adjoining property lines. They shall also be planted a minimum of twenty feet (20') from city streetlights. Ultimate planting locations shall be subject to city review and approval based upon field conditions. (Ord. 2014-04, 9-16-2014)
            (2)   Ground Cover: Ground cover shall be provided within all parkways and medians as follows:
   (A) Parkways: Ground cover in parkways shall consist of a variety of low growing, low maintenance plantings to withstand the local climate and potential pedestrian traffic. Turf is not allowed if width available is less than eight feet (8').
   (B) Medians: Landscaping in medians shall consist of low growing plantings (e.g., shrubs, grasses). Turf is prohibited.
            (3)   Irrigation: Irrigation shall be provided for all street landscape areas. The design of the irrigation system shall meet the requirements of subsection 9-5D1-3A, "Irrigation", of this article.
         b.   Maintenance: Maintenance of street landscape areas shall be as follows, unless otherwise encumbered by a city public facilities district:
            (1)   Median landscaping shall be the responsibility of the city or other delegated agency.
            (2)   Parkway landscaping shall be the responsibility of the adjacent property owner. Parkways shall be maintained consistent with the requirements of section 9-5D1-3, "Landscape Care And Maintenance", of this article.
      2.   Landscape Buffers Required Along Arterial And Collector Streets:
         a.   Multi-family, commercial, office, and industrial developments shall provide a landscape buffer between the parking lot and the public right of way (behind the sidewalk) in addition to any parkway required by subsection E1 of this section. The minimum depth of this buffer area shall be fifteen feet (15') along arterial and collector streets (excluding drive approaches) and along the property frontage to shield parking spaces or on site circulation. The design of the landscaping shall be compatible with the other on site landscaping and at a minimum include trees and ground cover.
         b.   Single-family residential subdivisions shall incorporate buffers between the sidewalk and perimeter wall. Landscaping shall be provided such that fifty percent (50%) of the wall shall be covered by landscape material within five (5) years. The landscaping shall include trees, shrubs, and ground cover that provide for a quality aesthetic condition.
      3.   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 perimeter planter strip with shrubs and both deciduous and evergreen trees planted a maximum of thirty feet (30') on center. (Ord. 2013-05, 2-6-2014)
      4.   Project Entry Landscaping: (Rep. by Ord. 2014-04, 9-16-2014)
      5.   Landscaping Of Parking Lots: Parking lots, except those specifically exempted in subsection 9-5E-4B, "Not Considered Parking", of this chapter, shall be landscaped as follows:
         a.   Landscape Planter Minimum Dimensions: Where provided, the width of the planter area shall be five feet (5'). Where turf is provided, the minimum width shall be eight feet (8').
         b.   Pedestrian Path: A pedestrian path leading from the parking field to the main building(s) shall be provided for every two hundred (200) spaces. The pedestrian path shall be a minimum of six feet (6') wide and it shall be flanked on either side by a planter of at least five feet (5') in width.
         c.   Drive Aisles: Drive aisles shall be separated from parking spaces with a landscape planter at the end of each aisle. The planter shall be a minimum width of five feet (5').
         d.   Landscaping Within Parking Lots: Landscaping within parking lots shall meet the following requirements:
            (1)   Landscape Materials: Landscaping shall be provided throughout the parking lot as a combination of ground cover, shrubs, and trees.
            (2)   Protective Curbing: Planting areas shall be bordered by a concrete curb at least six inches (6") high and six inches (6") wide. The designated approving authority may approve an alternative barrier design to protect landscaped areas from damage by vehicles and/or to provide for the infiltration of water runoff from paved surfaces.
            (3)   Adjacent To Side Or Rear Property Lines: Parking areas for nonresidential uses shall provide a perimeter landscape strip at least eight feet (8') wide (inside dimension) where the parking area adjoins a side or rear property line. The requirement for a landscape strip may be satisfied by a setback or buffer area that is otherwise required. Trees shall be provided at the rate of one for each twenty five (25) linear feet of landscaped area.
         e.   Landscaping Within Interior Of Parking Area: Landscaping within the interior of each outdoor parking area as follows:
            (1)   Five percent (5%) of the gross surface area of the parking lot, exclusive of the required perimeter landscaping, shall be landscaped. (Ord. 2013-05, 2-6-2014)
            (2)   Trees shall be planted throughout the parking area at a minimum ratio of one tree for each eight (8) double loaded parking spaces or one tree for each four (4) single loaded or side loaded parking spaces. (Ord. 2014-04, 9-16-2014)
   FIGURE 9-5D1-2-E2
   EXAMPLE PARKING LOT LANDSCAPING
 
      6.   On Site Pedestrian Pathways: Pedestrian pathway landscaping shall include shade trees placed so as to cover sixty percent (60%) of the total pathway area with tree canopies within fifteen (15) years of securing building permit.
      7.   Canals: To the extent that landscaping or planting is required or provided along canals, such landscaping shall be native plants.
      8.   Public Spaces: Pedestrian space landscaping shall include a combination of shade trees and pedestrian shading devices (e.g., canopies, awnings, and umbrellas) placed so as to cover sixty percent (60%) of the total space with a shade canopy within fifteen (15) years of securing building permit.
      9.   Signs: Landscaping shall be provided at the base of the supporting structure of freestanding signs equal to twice the area of one face of the sign. For example, fifty (50) square feet of sign area requires one hundred (100) square feet of landscaped area.
      10.   Existing Trees: Existing mature trees on the site in good health shall be preserved whenever possible.
   F.   Removal And Replacement Of Landscaping And Trees From Approved Plans: All plant material removed from a project in which the city has approved the landscape plan shall be replaced with the following replacement sizes:
      1.   Shrubs shall be replaced with five (5) gallon size plants.
      2.   Ground cover shall be replaced with flats.
      3.   Trees shall be replaced with fifteen inch (15") box tree. (Ord. 2013-05, 2-6-2014)

9-5D1-3: LANDSCAPE CARE AND MAINTENANCE:

   A.   Irrigation:
      1.   All new single-family and multi-family development, excluding additions and infill development, shall comply with the following requirements:
         a.   Sprinklers and sprays shall not be used in areas less than eight feet (8') wide. (Ord. 2013-05, 2-6-2014)
         b.   (Rep. by Ord. 2014-04, 9-16-2014)
         c.   Valves and circuits shall be separated based on water use.
         d.   Drip or bubbler irrigation systems are required for trees. Bubblers shall be used that do not exceed one and one-half (11/2) gallons per minute per device.
         e.   Sprinkler heads must have matched precipitation rates within each control valve circuit. (Ord. 2013-05, 2-6-2014)
         f.   Check valves are required on all new sprinkler heads. (Ord. 2014-04, 9-16-2014)
         g.   Sprinkler head spacing shall be designed for head to head coverage. The system should be designed for minimum runoff and overspray onto nonirrigated areas.
         h.   All irrigated areas shall be equipped with a controller capable of dual or multiple programming. Controllers must have multiple cycle start capacity and a flexible calendar program.
         i.   All irrigation systems shall be equipped with rain shutoff devices.
      2.   All other development not addressed above, including, but not limited to, new nonresidential development, mixed use development, infill development, and additions to existing development, shall comply with the following:
         a.   A low pressure irrigation system (e.g., drip or bubbler system) shall be provided for all landscape areas other than turf.
         b.   Automatic programmable controllers with check valves shall be installed in sloping areas with elevation differences of more than five feet (5') as defined from the toe to the top of slope.
         c.   Landscape materials with the same watering needs shall be grouped together and irrigated through separate control valves.
         d.   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.
         e.   The annual maintenance program with seasonal watering schedule shall be laminated and permanently posted in or near the control box on site.
   B.   Maintenance Of Required Planting Areas: Required planting areas shall be permanently maintained by watering, clearing 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. (Ord. 2013-05, 2-6-2014)

9-5D1-4: TREE PRESERVATION:

   A.   Purpose And Applicability: This section implements the general plan policy protecting and preserving heritage trees within the community. This section includes provisions that preserve existing heritage trees on private property through the development review process and subsequent activities such as work within the canopy or within the critical root zone of trees and provide a process for replacement in instances where preservation is not reasonably possible.
      The requirements of this section, and corresponding permit requirements as described in section 9-2B-5, “Tree Permit For Trees On Private Property”, of this title shall only apply to protected trees that are located on private property. It shall not apply to trees on public property or within the public right of way, which are covered in title 7, chapter 5, “Street Trees”, of the municipal code.
   B.   Protected Trees: The following trees shall not be removed without city approval:
      1.   Heritage Tree: A Valley oak (Quercus lobata) tree with a diameter at breast height of twelve inches (12") or greater, or multitrunked trees with a combined diameter at breast height of twelve inches (12") or greater, are considered heritage trees.
      2.   Habitat For Special Status Species: Trees that a biological study identifies as habitat for special status species (e.g., Swainson’s hawk).
      3.   Mitigation Trees: Trees that were planted during the development process as required mitigation for the removal of protected or special status trees.
   C.   Work Requiring A Tree Permit For Trees On Private Property: No person shall conduct work within the critical root zone, cut down, remove, top, or relocate any protected tree unless a valid tree permit for protected trees on private property has been approved. Exemptions to this requirement are provided in subsection D of this section.
   D.   Exemptions From Tree Permit Requirement: The following types of work are exempt from requiring a tree permit prior to initiation of the work:
      1.   Removal and pruning work by utility providers for all types of trees; and
      2.   In case of emergency caused by the tree being in a hazardous or dangerous condition requiring immediate action for the safety of human life or buildings or structures, such tree may be removed by the property owner.
   E.   Tree Permit For Trees On Private Property Application Processing: Tree permits for trees on private property shall be processed as provided in chapter 2, “Procedures And Entitlements”, of this title.
   F.   Mitigation Required For Removal Of Protected Trees On Private Property: As part of the approval of a tree permit, or other entitlement request related to the removal of a protected tree, mitigation is required.
      1.   Mitigation Standards: When tree removal is authorized as part of issuance of a valid tree permit, mitigation for the loss shall be provided as follows:
         a.   New trees of an equivalent species shall be provided at a ratio of one new inch diameter at breast height (dbh) for each one inch (1") dbh lost (1:1 ratio).
         b.   The applicant shall prepare a tree mitigation plan for review and approval by the planning director.
      2.   Mitigation Options: The city allows all of the following mitigation options, subject to review and approval by the planning director, as part of a tree mitigation plan:
         a.   On Site Or Off Site Replacement: The plan shall specify where the tree(s) shall be planted and how the tree(s) shall be monitored and maintained for a minimum of five (5) years. The city may require the establishment of a performance bond or other surety as a way to ensure that the replacement trees survive for the minimum establishment period of five (5) years.
         b.   On Site Or Off Site Relocation: The tree mitigation plan may include the relocation of trees, include specification regarding where the trees will be moved to, and how the tree will be monitored and maintained for a minimum of five (5) years. The city may require the establishment of a performance bond or other surety to ensure that the tree becomes well established.
         c.   Trees Planted Under Mitigation Plan: The city will allow the use of on site trees planted under a mitigation plan as a way to meet any other on site landscaping requirement, including parking lot shading, street landscaping, and street trees on residential lots.
      3.   Mitigation Equivalents: As an alternative to actual measurement, the following equivalent sizes shall be used to calculate mitigation ratios:
         a.   A one gallon container or seedling sized containerized tree equals one inch (1") dbh.
         b.   A fifteen (15) gallon container equals one and one-half inch (11/2") dbh.
         c.   A twenty four inch (24") box equals two inch (2") dbh.
         d.   A thirty six inch (36") box equals three inch (3") dbh.
         e.   A sixty inch (60") box equals three inch (3") dbh.
         f.   A seventy two inch (72") box equals four inch (4") dbh. (Ord. 2013-05, 2-6-2014; amd. Ord. 2024-01, 6-18-2024)

9-5D1-5: PREFERRED PLANT LIST:

   A.   Street Trees: Table 9-5D1-5-A1, "Street Trees", of this section lists the city's approved master list of trees 1 for use in parkways, medians, and other street landscaping (between the sidewalk and a single-family home). The table lists the botanical and common name of each species, the type of tree (evergreen or deciduous), the size, and appropriate planting location (within the parkway and/or between the sidewalk and a single-family home). Other trees may be used with prior approval by the planning director.
TABLE 9-5D1-5-A1
STREET TREES
Botanical Name
Common Name
Type
(Evergreen Or Deciduous)
Tree Size
Planting Location
Parkway
Located Minimum 5' From Sidewalk On House Side
Botanical Name
Common Name
Type
(Evergreen Or Deciduous)
Tree Size
Planting Location
Parkway
Located Minimum 5' From Sidewalk On House Side
Geijera purviflora
Australian willow
Evergreen
20' - 30'
Yes
Yes
Pyrus calleryana
Bradford pear
Deciduous
30', 20' spread
No
Yes
Pinus halepensis "brutia"
Brutia pine 1
Evergreen
30' - 60', 25' spread
No
Yes
Pinus canariensis
Canary Island pine 1
Evergreen
60' - 80' columnar
No
Yes
Pistacia chinesis
Chinese pistache 1
Deciduous
60', 50' spread
Yes
Yes
Quercus agrifolia
Coast live oak
Evergreen
30' - 70', greater spread
Yes
Yes
Lagerstroemia indica
Crape myrtle 1
Deciduous
6' - 30', equal spread
No
Yes
Pyrus kawakamii
Evergreen pear
Deciduous
15' - 25', 20' spread
Yes
Yes
Koelreuteria paniculata
Golden rain 1
Deciduous
20' - 30'
Yes
Yes
Laurus nobilis
Grecian laurel
Evergreen
20' - 25', 15' spread
Yes
Yes
Quercus ilex
Holly oak 1
Evergreen
40' - 70', equal spread
Yes
Yes
Pinus pinea
Italian stone pine
Evergreen
40' - 80', equal spread
No
Yes
Ginkgo biloba
Maidenhair tree
Deciduous
35' - 50', lesser spread
Yes
Yes
Nyssa sylvatica
Pepperidge tupelo
Deciduous
30' - 50'
Yes
Yes
Quercus palustris
Pin oak
Deciduous
50'+
Yes
Yes
Quercus rubra
Red oak
Deciduous
50'+
Yes
Yes
Zelkova serrata
Sawleaf zelkova
Deciduous
60', equal spread
Yes
Yes
Fraxinus uhdei "majestic beauty"
Shamel ash
Deciduous
40' - 60', lesser spread
No
Yes
Liquidamber styraciflua
Sweet gum
Deciduous
To 60', 20' - 25' spread
No
Yes
Quercus lobata
Valley oak 1
Deciduous
60', 80' spread
No
Yes
 
Note:
   1.   Drought tolerant.
(Ord. 2013-05, 2-6-2014)

9-5D2-1: PURPOSE:

The purpose of this article is to adopt, by reference, the state of California model water efficient landscape ordinance (hereinafter the "model ordinance"). This ordinance establishes specific reporting requirements for water usage of landscape areas in public and private development. As provided in the water conservation in landscaping act of 2006 (assembly bill 1881, Laird), all cities and counties in California are required to adopt the model ordinance. (Ord. 2013-05, 2-6-2014)

9-5D2-2: APPLICABILITY:

   A.   As provided in the state model ordinance, the requirements of this article and the model ordinance shall be imposed as follows:
      1.   After January 1, 2010, this article shall apply to all of the following landscape projects:
         a.   New construction and rehabilitated landscapes for public agency projects and private development projects with a landscape area equal to or greater than two thousand five hundred (2,500) square feet requiring a building or landscape permit, plan check, or site plan and architectural review.
         b.   New construction and rehabilitated landscapes which are developer installed in single-family and multi-family projects with a landscape area equal to or greater than two thousand five hundred (2,500) square feet requiring a building or landscape permit, plan check, or site plan and architectural review.
         c.   New construction landscapes which are homeowner provided and/or homeowner hired in single-family and multi-family residential projects with a total project landscape area equal to or greater than five thousand (5,000) square feet requiring a building or landscape permit, plan check, or site plan and architectural review.
         d.   Existing landscapes over one acre in size, with review limited to an irrigation audit, irrigation survey, and irrigation water use analysis as provided in subsection 9-5D2-3H of this article.
         e.   Cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to review of a water budget calculation as provided in subsection 9-5D2-3B of this article and a maintenance schedule as provided in subsection 9-5D2-3G of this article. Existing cemeteries have review limited to an irrigation audit, irrigation survey, and irrigation water use analysis as provided in subsection 9-5D2-3H of this article.
      2.   This article does not apply to:
         a.   Registered local, state, or federal historical sites.
         b.   Ecological restoration projects that do not require a permanent irrigation system.
         c.   Mined land reclamation projects that do not require a permanent irrigation system.
         d.   Plant collections as part of botanical gardens and arboretums open to the public. (Ord. 2013-05, 2-6-2014)

9-5D2-3: REPORTING REQUIREMENTS:

Unless exempt from the requirements of this article and the model ordinance, all landscape plans shall address the submittal requirements and standards outlined below and provided in the model ordinance.
   A.   Landscape Documentation Package: The landscape documentation package shall include, at a minimum, the following components:
      1.   Project information as described in the forms available from the planning department.
      2.   Water efficient landscape worksheet, as provided by the planning department, including hydrozone information table and water budget calculations including the following information as further described in this article:
         a.   Maximum applied water allowance (MAWA);
         b.   Estimated total water use (ETWU);
         c.   Soil management report;
         d.   Landscape design plan;
         e.   Irrigation design plan; and
         f.   Grading design plan.
      3.   Certificate of completion, as provided by the planning department, including scheduling parameters used to set the irrigation controller, landscape and irrigation maintenance schedule, and irrigation audit report.
   B.   Water Budget Calculations: The water budget calculations included in the landscape documentation package shall adhere to the following requirements:
      1.   Plant Factor: The plant factor used shall be from the "Water Use Classification Of Landscape Species" (WUCOLS) published by the University Of California Cooperative Extension, the department of water resources, and the bureau of reclamation (2000). The plant factor ranges from zero (0.0) to three-tenths (0.3) for low water use plants, from four-tenths (0.4) to six- tenths (0.6) for moderate water use plants, and from seven-tenths (0.7) to one (1.0) for high water use plants.
      2.   Water Features: All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone.
      3.   Special Landscape Areas: All special landscape areas shall be identified and their water use calculated as described below.
      4.   ETAF For Special Landscape Areas: ETAF for special landscape areas shall not exceed one (1.0).
      5.   Maximum Applied Water Allowance: The maximum applied water allowance shall be calculated using the equation MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)], where:
 
a.
MAWA
=
Maximum applied water allowance (gallons per year)
b.
ETo
=
Reference evapotranspiration (inches per year) (see table 9-5D2-3-I1, "Reference Evapotranspiration (ETo) Table", of this section)
c.
0.62
=
Conversion factor (to gallons)
d.
0.7
=
ET adjustment factor (ETAF)
e.
LA
=
Landscape area including SLA (square feet)
f.
0.3
=
Additional water allowance for SLA
g.
SLA
=
Special landscape area (square feet)
 
      6.   Estimated Total Water Use: The estimated total water use shall be calculated using the equation below:
 
ETWU = ETo x 0.62
x
PF x HA
+ SLA
IE
 
The sum of the estimated total water use calculated for all hydrozones shall not exceed MAWA. The symbols in the equation shall mean:
 
a.
ETWU
=
Estimated total water use per year (gallons)
b.
ETo
=
Reference evapotranspiration (inches) (see table 9-5D2-3-I1, "Reference Evapotranspiration (ETo) Table", of this section)
c.
PF
=
Plant factor from WUCOLS
d.
HA
=
Hydrozone area (high, medium, and low water use areas) (square feet)
e.
SLA
=
Special landscape area (square feet)
f.
0.62
=
Conversion factor
g.
IE
=
Irrigation efficiency (minimum 0.71)
 
   C.   Soil Management Report: In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant or his/her designee. The report shall contain the following information:
      1.   Submit soil samples to the laboratory for analysis and recommendations.
         a.   Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants.
         b.   Soil analysis shall include:
            (1)   Soil texture;
            (2)   Infiltration rate determined by laboratory test or soil infiltration rate table;
            (3)   pH;
            (4)   Total soluble salts;
            (5)   Sodium;
            (6)   Percent organic matter; and
            (7)   Recommendations.
      2.   The project applicant, or his/her designee, shall comply with one of the following:
         a.   If significant mass grading is not planned, the soil analysis report shall be submitted to the planning department as part of the landscape documentation package; or
         b.   If significant mass grading is planned, the soil analysis report shall be submitted to the city as part of the certificate of completion.
      3.   The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans.
      4.   The project applicant, or his/her designee, shall submit documentation verifying implementation of soil analysis report recommendations to the city with certificate of completion.
   D.   Landscape Design Plan: The content and form of the landscape design plan shall meet the landscape design requirements provided in article D1, "Landscaping Standards", of this chapter and the following submittal requirements as provided in the model ordinance:
      1.   Delineate and label each hydrozone by number, letter, or other method.
      2.   Identify each hydrozone as low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation.
      3.   Identify recreational areas.
      4.   Identify areas permanently and solely dedicated to edible plants.
      5.   Identify areas irrigated with recycled water.
      6.   Identify type of mulch and application depth.
      7.   Identify soil amendments, type, and quantity.
      8.   Identify type and surface area of water features.
      9.   Identify hardscapes (pervious and nonpervious).
      10.   Identify location and installation details of any applicable stormwater best management practices that encourage on site retention and infiltration of stormwater. Stormwater best management practices are encouraged in the landscape design plan, and examples include, but are not limited to:
         a.   Infiltration beds, swales, and basins that allow water to collect and soak into the ground;
         b.   Constructed wetlands and retention ponds that retain water, handle excess flow, and filter pollutants; and
         c.   Pervious or porous surfaces (e.g., permeable pavers or blocks, pervious or porous concrete) that minimize runoff.
      11.   Identify any applicable rain harvesting or catchment technologies (e.g., rain gardens, cisterns).
      12.   Contain the following statement:
I have complied with the provisions of the city landscape water conservation regulations and applied them for the efficient use of water in the landscape design plan.
      13.   Bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape.
   E.   Irrigation Design Plan: An irrigation design plan shall accompany the landscape design plan. The irrigation design plan shall meet the landscape design requirements provided in article D1, "Landscaping Standards", of this chapter and the following submittal requirements as provided in the model ordinance:
      1.   System Requirements: For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturer's recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the landscape documentation package:
         a.   Dedicated landscape water meters are highly recommended on landscape areas smaller than five thousand (5,000) square feet to facilitate water management.
         b.   Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data shall be required for irrigation scheduling in all irrigation systems.
         c.   The irrigation system shall be designed to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance.
            (1)   If the static pressure is above or below the required dynamic pressure of the irrigation system, pressure regulating devices such as in-line pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system.
            (2)   Static water pressure, dynamic or operating pressure, and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at installation.
         d.   Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain.
         e.   Manual shutoff valves (such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a main line break) or routine repair.
         f.   Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system. The project applicant shall refer to the applicable local agency code (i.e., public health) for additional backflow prevention requirements.
         g.   High flow sensors that detect and report high flow conditions created by system damage or malfunction are recommended.
         h.   The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto nontargeted areas, such as adjacent property, nonirrigated areas, hardscapes, roadways, or structures.
         i.   Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems.
         j.   The design of the irrigation system shall conform to the hydrozones of the landscape design plan.
         k.   The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria regarding the maximum applied water allowance.
         l.   It is highly recommended that the project applicant or local agency inquire with the local water purveyor about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system.
         m.   In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone.
         n.   Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer's recommendations.
         o.   Head to head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer's recommendations.
         p.   Swing joints or other riser protection components are required on all risers subject to damage that are adjacent to high traffic areas.
         q.   Check valves or antidrain valves are required for all irrigation systems.
         r.   Narrow or irregularly shaped areas, including turf, less than eight feet (8') in width in any direction shall be irrigated with subsurface irrigation or low volume irrigation system.
         s.   Overhead irrigation shall not be permitted within twenty four inches (24") of any nonpermeable surface. Allowable irrigation within the setback from nonpermeable surfaces may include drip, drip line, or other low flow nonspray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if:
            (1)   The landscape area is adjacent to permeable surfacing and no runoff occurs; or
            (2)   The adjacent nonpermeable surfaces are designed and constructed to drain entirely to landscaping.
         t.   The irrigation designer specifies an alternative design or technology, as part of the landscape documentation package and clearly demonstrates strict adherence to irrigation system design criteria to prevent overspray and runoff.
         u.   Slopes greater than twenty five percent (25%) shall not be irrigated with an irrigation system with a precipitation rate exceeding three-fourths (3/4) of an inch per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the landscape documentation package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit.
      2.   Hydrozone Requirements:
         a.   Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use.
         b.   Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone.
         c.   Where feasible, trees shall be placed on separate valves from shrubs, ground covers, and turf.
         d.   Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use, may be allowed if:
            (1)   Plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or
            (2)   The plant factor of the higher water using plant is used for calculations.
         e.   Individual hydrozones that mix high and low water use plants shall not be permitted.
         f.   On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter, or other designation. On the irrigation design plan, designate the areas irrigated by each valve, and assign a number to each valve. Use this valve number in the hydrozone information table. This table can also assist with the irrigation audit and programming the controller.
      3.   Design Plan Contents: The irrigation design plan, at a minimum, shall contain:
         a.   Location and size of separate water meters for landscape;
         b.   Location, type, and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices;
         c.   Static water pressure at the point of connection to the public water supply;
         d.   Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station;
         e.   Recycled water irrigation systems;
         f.   The following statement: "I have complied with the provisions of the city landscape water conservation regulations and applied them accordingly for the efficient use of water in the irrigation design plan"; and
         g.   The signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system.
   F.   Grading Design Plan: For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A grading plan shall be submitted as part of the landscape documentation package. A comprehensive grading plan prepared by a civil engineer for other local agency permits satisfies this requirement.
      1.   The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area including:
         a.   Height of graded slopes;
         b.   Drainage patterns;
         c.   Pad elevations;
         d.   Finish grade; and
         e.   Stormwater retention improvements, if applicable.
      2.   To prevent excessive erosion and runoff, it is highly recommended that project applicants:
         a.   Grade so that all irrigation and normal rainfall remains within property lines and does not drain onto nonpermeable hardscapes;
         b.   Avoid disruption of natural drainage patterns and undisturbed soil; and
         c.   Avoid soil compaction in landscape areas.
      3.   The grading design plan shall contain the following statement: "I have complied with the provisions of the city landscape water conservation regulations and applied them accordingly for the efficient use of water in the grading design plan" and shall bear the signature of a licensed professional as authorized by law.
   G.   Landscape And Irrigation Maintenance Schedule:
      1.   Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the certificate of completion.
      2.   A regular maintenance schedule shall include, but not be limited to, routine inspection; adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; weeding in all landscape areas, and removing any obstruction to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.
      3.   Repair of all irrigation equipment shall be done with the originally installed components or their equivalents.
      4.   A project applicant is encouraged to implement sustainable or environmentally friendly practices for overall landscape maintenance.
   H.   Irrigation Audit, Irrigation Survey, And Irrigation Water Use Analysis:
      1.   For new construction and rehabilitated landscape projects installed after the effective date of this article:
         a.   The project applicant shall submit an irrigation audit report with the certificate of completion to the planning director that may include, but is not limited to, inspection, system tune up, system test with distribution uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule;
         b.   The city shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the maximum applied water allowance.
      2.   All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.
   I.   Reference Evapotranspiration (ETo) Table: Table 9-5D2-3-I1 of this section describes the adopted reference evapotranspiration values for use in calculating water efficiency as required by this article.
TABLE 9-5D2-3-I1
REFERENCE EVAPOTRANSPIRATION (ETo) TABLE
Month
ETo Value
Month
ETo Value
   January
0.9
   February
1.5
   March
3.4
   April
5.0
   May
6.6
   June
7.7
   July
8.3
   August
7.3
   September
5.4
   October
3.4
   November
1.4
   December
0.7
   Annual
51.7
 
(Ord. 2013-05, 2-6-2014)

9-5E-1: PURPOSE:

This article establishes standards for the development (including amount and location) of motor vehicle parking, bicycle parking, and on site loading areas. The purpose of the standards is to provide for safe vehicular parking, vehicular circulation, and loading supportive of a variety of uses in an increasingly pedestrian and bicycle friendly and transit oriented community. (Ord. 2013-05, 2-6-2014)

9-5E-2: APPLICABILITY AND PERMIT REQUIREMENTS:

   A.   Applicability: The provisions of this article shall apply to new development and reuse of existing development. Every use shall have appropriately maintained off street parking and loading areas in compliance with the standards and requirements of this article. However, existing uses shall not be considered nonconforming if the only nonconformance is lack of required parking.
   B.   Permit Requirements: New parking lots and modifications or expansions to existing parking lots require the following permits:
      1.   Building Permit: New parking lot design and modifications to existing parking lots 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.
      2.   Zoning Clearance: Substantial modification or improvement to an existing parking lot that impacts the parking space layout, configuration, number of stalls, landscape planters, etc., shall require zoning clearance to authorize the change as consistent with this zoning code, concurrent with any required improvement plan approvals.
   C.   Exempt Activities: The parking lot improvements listed below are considered minor in nature, meaning that they do not alter the number or configuration of parking stalls. Such improvements shall be exempt from zoning clearance requirements and the requirements of this title.
      1.   Repairing 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.   Repairing or replacing in the same location damaged planters and curbs; and
      4.   Working in landscape areas, including sprinkler line repair, replacement of landscape materials, or refurbishment. (Ord. 2013-05, 2-6-2014)

9-5E-3: GENERAL PARKING REGULATIONS:

   A.   Calculations:
      1.   If the calculation for parking needs results in the requirement for a fraction of a parking space, the value shall be rounded to the nearest whole number.
      2.   Seating capacity shall be based upon the actual number of seats or one seat per eighteen inches (18") of bench or pew length and one seat per twenty four inches (24") of booth length for dining.
   B.   General Requirements:
      1.   All vehicular parking areas shall be maintained by the owner of the property.
      2.   Required off street parking spaces and parking areas shall be used only for parking operable vehicles of residents, employers, employees, customers, and visitors unless specifically allowed by a temporary or conditional use permit.
      3.   Required off street parking space shall not be used for the storage of vehicles or materials.
      4.   No sales, storage, repair work, dismantling, or servicing of any kind shall be permitted in parking spaces without necessary permits for such use.
      5.   All required off street parking shall be kept clear of temporary or permanent obstructions.
      6.   Existing parking shall not be reduced below the minimum requirements of this section.
      7.   Living, sleeping, or housekeeping in any vehicle, recreational vehicle, trailer, or vessel is prohibited, with the following exceptions:
         a.   In residential districts, occupancy shall be permitted by right, on private property with the property owner’s permission, for a maximum of 7 days. A longer period may be permitted upon approval by the Chief of Police.
         b.   In commercial districts, a maximum of seventy-two (72) hours is permitted, provided on site security is provided.
      8.   For residential tenant and guest parking, the spaces must be marked per the required minimum standards for tenant and guest parking.
   C.   Location Requirements For Parking Areas:
      1.   Parking may not occur within any required “clear visibility area” as defined by this title.
      2.   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 clear minimum width of forty four inches (44"), no part of which shall be within a parking space.
      3.   For single-family homes, duplexes, triplexes, and similar uses, parking shall be provided on the same lot as the home and shall not be located within the required yard area setbacks, except for approved driveways and carports as allowed by section 9-4D-18, “Residential Accessory Structures”, of this title.
      4.   For multi-family residential, parking shall be provided within two hundred feet (200') of the unit(s) they intend to serve.
      5.   For nonresidential uses, parking shall be located outside of required landscape areas as required by section 9-5D1-2, “Landscape Standards”, of this chapter. Parking shall be located on the same parcel as the uses served, except that parking may be located on a parcel adjacent to, or within five hundred feet (500') of, the use served. In such cases, a permanent covenant shall be recorded on the subject properties with the Kings County recorder guaranteeing that the required parking would be maintained exclusively for the use or activity served. The agreement shall be approved by the planning director in a form approved by the city attorney, and a copy shall be filed with the planning department.
      6.   Parking within the downtown and mixed use districts shall be located as required in chapters 6, “Downtown Development Standards”, and 7, “Mixed Use Development Standards”, of this title.
(Ord. 2013-05, 2-6-2014; amd. Ord. 2024-07, 12-3-2024)

9-5E-4: REQUIRED OFF STREET PARKING:

   A.   Minimum Requirements: Minimum vehicle parking space requirements are listed in table 9-5E-4-A1, "Required Minimum Parking Ratios", of this section. Where the parking ratio is listed based upon square feet, it shall mean the gross square feet of the building (including public and private areas).
   B.   Not Considered Parking: For the purpose of calculating parking ratios, the following types of parking are considered outdoor storage and are not considered parking:
      1.   Fleet vehicle and equipment parking; and
      2.   Parking for vehicles that are for sale, lease, or rent.
   C.   Provision Of Excessive Parking: Site plans including proposed new parking areas that exceed minimum vehicle parking requirements by more than twenty five percent (25%) shall demonstrate how the property can be developed in the future to utilize the additional parking areas for structures, landscaping, plazas, or other active use.
   D.   Similar Use: For a use not listed in table 9-5E-4-A1, "Required Minimum Parking Ratios", of this section, the required vehicle and bicycle parking shall be the same as for the most similar use listed, as determined by the Planning Director.
   E.   Parking Requirements In Downtown Mixed Use Districts: In the Downtown Mixed Use Zoning Districts (DMX-1, DMX-2, and DMX-3), parking shall be provided as established in chapter 6, "Downtown Development Standards", of this Code, rather than as provided in table 9-5E-4-A1 of this section. Parking lot design and construction shall be as provided in this article. (Ord. 2013-05, 2-6-2014)
TABLE 9-5E-4-A1
REQUIRED MINIMUM PARKING RATIOS
Land Use
Minimum Required Parking Spaces
Land Use
Minimum Required Parking Spaces
Residential and overnight stay uses:
 
Caretaker housing
1 per bedroom
Child daycare facility - family daycare home, large
1 additional beyond dwelling
Child daycare facility - family daycare home, small
0 additional beyond dwelling
Dwelling, accessory unit
No additional beyond primary dwelling
Dwelling, multi-family - studio and 1 bedroom units
1.5 per unit
Dwelling, multi-family - 2 or more bedrooms
2 per unit
Dwelling, single-family
2 per unit
Dwelling, single- or multi-family in the DMX-1 or DMX-2 Zoning District
1 per unit
Group housing
2 per unit
Home occupation
No additional beyond dwelling
Hotel, motel, or bed and breakfast inn
1 per room
Live-work facility
1.5 per unit
Mobilehome park or recreational vehicle park
2 per unit
Residential care home or extended care facility
1 per 4 beds
Senior housing
1 per unit
Single room occupancy (SRO) facility
0.5 per unit
Supportive or transitional housing
1 per 4 beds
Education, public assembly, and recreation uses:
 
Assembly uses - theater, auditorium, amphitheater, church, mosque, temple, synagogue, religious facility, club, hall, conference center, funeral home, or similar assembly facility
1 per 4 seats if seating is fixed; 25 per 1,000 square feet of main assembly room if seating is not fixed
Indoor amusement/entertainment facility
4 per 1,000 square feet
Library
3.5 per 1,000 square feet
Outdoor commercial recreation (not including stadiums)
4 per acre of active recreation area
School, elementary or middle - public, private or charter
2 per classroom
School, high - public or private
9 per classroom
School, colleges and universities - public and private
Parking study required
School, specialized education and training
5 per 1,000 square feet of classroom or teaching area
Utility, transportation, public facility, and communication uses:
 
Airport, heliport, transit station, or transit terminal
Parking study required
Ambulance service
3.5 per 1,000 square feet
Broadcasting and recording studio
3.5 per 1,000 square feet
Fuel storage and distribution
3.5 per 1,000 square feet
Public safety facility
Parking study required
Wireless telecommunication or utility infrastructure facility
0.5 per employee (minimum 1 space)
Retail, service, and office uses:
 
Animal sales, grooming, kennel, or veterinary facility
3.5 per 1,000 square feet
Bank, financial service, check cashing, or business support service
3.5 per 1,000 square feet
Building materials yard, garden center, or plant nursery
1 per 1,000 square feet
Call center
6 per 1,000 square feet
Daycare facility, commercial - child or adult
3.5 per 1,000 square feet
Equipment sales and rental
3.5 per 1,000 square feet
Furniture store, consignment store, or similar store with bulky items
2.5 per 1,000 square feet
Healthcare facility, massage therapy, medical office or clinic
4 per 1,000 square feet
Hospital
Parking study required
Maintenance or repair shop - small equipment
2.5 per 1,000 square feet
Office - business or professional
4 per 1,000 square feet
Personal service - barbershop, beauty shop, health spa, indoor fitness, gym, laundry, or tattoo parlor
3.5 per 1,000 square feet
Restaurant, fast food, bar, or nightclub
5 per 1,000 square feet
Retail store - general retail, alcoholic beverage sales, convenience store, grocery store, supermarket, antique store, pawnshop, thrift store, stand alone big box store
3.5 per 1,000 square feet
Semipermanent mobile food vehicle
8 per vehicle
Shopping center with mix of retail, restaurant, and/or office uses
4.25 per 1,000 square feet
Automobile and vehicle uses:
 
Auto and vehicle sales or rental, service, storage, or parts sales
3.5 per 1,000 square feet of sales and office area
Car washing or detailing
2 per 1,000 square feet
Fueling station
None additional beyond affiliated uses, i.e., auto service or convenience store
Industrial, manufacturing, and processing uses:
 
Agricultural products processing
2 per 1,000 square feet
Manufacturing facility
1.5 per 1,000 square feet
Printing and publishing
1.5 per 1,000 square feet
Recycling facility - collection, processing, etc.
1 per 2 employees
Research and development facility
3.5 per 1,000 square feet
Storage, personal storage facility
2 per 1,000 square feet of office space, plus 1 per caretaker dwelling
Storage yard, freight yard, truck terminal, warehouse, or wholesale distribution
4 per 1,000 square feet of office space
Any nonresidential use in the DMX-1, DMX-2, or DMX-3 Zoning District (notwithstanding other above ratios)
 
Existing building or use; change in or remodel that adds less than 1,000 square feet to building
No additional parking required
New building or development of more than 1,000 square feet of building space
4 per 1,000 square feet; may be waived by paying in lieu fee
 
(Ord. 2013-05, 2-6-2014; amd. Ord. 2017-06, 5-16-2017)
   F.   Reductions And Exceptions To Minimum Parking Requirements: The following are exceptions or reductions to the minimum parking requirements established in table 9-5E-4-A1, "Required Minimum Parking Ratios", of this section that are available:
      1.   Parking District Waiver: Minimum off street parking requirements may be waived for properties that have access to public parking facilities. The waiver may be granted by the Planning Director.
      2.   Parking Reduction: Parking may be reduced by the designated approval authority according to the following provisions. A combination of the following programs may be utilized; however, the total parking reduction shall not exceed twenty percent (20%) of required parking:
         a.   Reduction For Special Motor Vehicles: Up to twenty percent (20%) of the off street parking may be provided by smaller parking spaces for special or alternative motor vehicles (e.g., golf carts, motorcycles, motorized scooters).
         b.   Reduction For Secure Bicycle Parking: Developments which provide additional secure bicycle parking facilities over and above the minimum requirement of this article may reduce their parking requirement by one (1) vehicle space for every two (2) additional bicycle spaces provided.
         c.   Reduction For Parking Near Major Transit Stops (e.g., Train Stations, Significant Bus Facilities): Parking requirements may be reduced by ten percent (10%) when within one-fourth (1/4) mile of a major transit stop.
         d.   Reduction For Existing Uses To Enable Property Enhancements: Parking requirements for existing nonresidential development may be reduced by up to ten percent (10%) if any of the following are completed:
            (1)   Landscaping;
            (2)   On site pedestrian plazas, seating areas, shelters, bicycle racks, and/or walkways; and/or
            (3)   Comprehensive architectural update to existing structures.
         e.   Shower/Locker Facilities: Developments with one hundred (100) or more employees may reduce their parking requirement by providing shower and clothing locker facilities for bicycle commuting employees. The maximum reduction allowed is five percent (5%) of required parking.
         f.   Preferred Car Pool/Vanpool Parking Spaces: Office or industrial developments that 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 (1) vehicle space for every one (1) space that is marked and reserved for car pools/vanpools at a preferred location. The maximum reduction allowed is five percent (5%) of required parking.
         g.   Electric Vehicle Charging Station: Mixed use, commercial, office, and industrial developments that provide parking spaces reserved for electric vehicles and provide electric vehicle charging stations at those spaces may reduce their parking requirement by one (1) vehicle space for every one (1) space that is provided for electric vehicle charging. The maximum reduction allowed is five percent (5%) of required parking.
      3.   Joint Vehicle Parking Lot Or Structure: Required parking for two (2) or more freestanding uses on adjacent or nearby sites may be satisfied by the use of a joint vehicle parking facility to the extent that it can be shown by the owners or operators that the demand for parking in the joint facility does not materially overlay (e.g., uses primarily of a daytime versus a nighttime or weekday versus weekend nature) and provided that such right of joint use is evidenced by a deed, parking easement, lease, contract, or similar written instrument upholding such joint use. In this situation, the size of the joint parking lot shall be at least as large as the number of vehicle parking spaces required by the largest user. (Ord. 2013-05, 2-6-2014)

9-5E-5: DESIGN AND DEVELOPMENT STANDARDS FOR OFF STREET PARKING AREAS:

   A.   General: All vehicular parking spaces shall be on the same lot as the main structure they serve, on an abutting lot, or within one thousand feet (1,000') of the building, subject to the following requirements:
      1.   There is a safe, direct, attractive, lighted, and convenient pedestrian route between the vehicle parking area and the use being served.
      2.   There is an assurance in the form of deed, parking easement, lease, contract, or other similar document that the required spaces will continue to be available for off street parking use according to the required standards.
   B.   Parking Lot Design:
      1.   Surfacing And Striping: Areas used for parking and maneuvering of vehicles shall be paved with a minimum of two inch (2") asphalt, concrete, or equivalent surface. All parking areas shall be appropriately striped, marked, and signed.
      2.   Curb Cuts And Driveway Access Points/Locations: Street access points shall be the minimum necessary to provide access while not inhibiting the safe circulation and carrying capacity of the street. New and modified curb cuts and driveway access points shall be designed as follows:
         a.   For multi-family, commercial, office, and industrial developments:
         (1)   A minimum of one hundred fifty feet (150') from the curb return.
         (2)   A minimum of one hundred fifty feet (150') between driveways.
         (3)   Lesser distances may be permitted upon review and approval of the city engineer.
         (4)   Proposed driveways across the street from each other that are offset less than one hundred fifty feet (150') must be approved by the public works director.
         b.   For single-family and duplex developments:
         (1)   A minimum of fifty feet (50') from the curb return.
         (2)   A minimum of five feet (5') between the driveway and property line.
         c.   The public works director may approve exceptions to this section.
      3.   Back Out Parking: With the exception of duplexes and single-family residences, all parking areas shall be designed so that vehicles can exit without backing out of the parking area onto a public street.
      4.   Connect Parking Lots: Auto parking areas shall be encouraged to connect with auto parking areas on adjacent sites to eliminate the necessity of utilizing the public right of way for cross movements. Joint or shared access, internal circulation, or parking is encouraged with adjacent uses.
      5.   Minimum Clearance: Driveways, aisles, turnaround areas, and ramps shall have a minimum vertical clearance of twelve feet (12') for the entire length and width, but such clearance may be reduced in parking structures.
      6.   Drainage: Adequate drainage shall be provided to dispose of the runoff generated by the impervious surface area of the parking area. Provision shall be made for the on site collection of drainage waters to eliminate sheet flow of such waters onto sidewalks, public rights of way, and abutting private property. Design solutions may include, but are not limited to, the use of bioswales, low impact design (LID), and other designs that direct runoff into landscape areas.
      7.   Pedestrian Circulation/Walkways: Pedestrian circulation/walkways shall be designed to provide circulation through parking lots from public sidewalks to primary building entryways. Sidewalks shall be designed to ensure that vehicles that may overhang or intrude into the sidewalk system do not reduce the minimum required sidewalk width of four feet (4').
      8.   Screening: The periphery of all parking lots shall be screened from view from adjacent streets and adjacent residential areas with walls, landscaping, and landscaped berms (or a combination) to a minimum height of three feet (3'). Where provided, landscaping shall be consistent with the standards of subsection 9-5D1-2E5, “Landscaping Of Parking Lots”, of this chapter.
      9.   Landscaping: Landscaping of parking lots shall be provided as required in subsection 9-5D1-2E5, “Landscaping Of Parking Lots”, of this chapter.
      10.   Lighting: See outdoor lighting standards in section 9-5B-4, “Outdoor Lighting”, of this chapter.
   C.   Space And Aisle Standards For Surface Parking Lots:
      1.   General Space And Aisle Standards: All surface parking lots shall be designed in accordance with the minimum city standards for stalls and aisles as set forth in table 9-5E-5-C1, “Parking Space And Drive Aisle Dimensions”, of this section and illustrated in figure 9-5E-5-C1, “Parking Space And Drive Aisle Dimensions”, of this section.
      2.   Compact Car Spaces: Up to fifteen percent (15%) of the required number of parking spaces may be sized for compact cars. Compact car spaces shall comply with the following standards:
         a.   Compact car parking spaces shall be clearly marked “compact cars only”, “compact”, or “c”.
         b.   No more than five (5) compact spaces shall be placed next to each other.
TABLE 9-5E-5-C1
PARKING SPACE AND DRIVE AISLE DIMENSIONS
Stall Type
Minimum Space And Aisle Dimensions
A
Stall Width
B
Stall Length
C
Stall Depth
(Aisle To Curb)
D
Drive Aisle Width
One-Way
Two-Way
Stall Type
Minimum Space And Aisle Dimensions
A
Stall Width
B
Stall Length
C
Stall Depth
(Aisle To Curb)
D
Drive Aisle Width
One-Way
Two-Way
Parallel
9'
20'
Not applicable
12'
24'
45°
9'
20'
20'
14'
24'
60°
9'
20'
21.5'
18'
24'
90°
9'
20'
20'
20'
24'
Compact stalls, all angles
8'
16'
-
Same as standard stalls per stall type
 
   FIGURE 9-5E-5-C1
   PARKING SPACE AND DRIVE AISLE DIMENSIONS
Parallel Parking Spaces
 
   D.   Standards For Off Street Parking For Private Residences: Off street parking and driveways for detached dwellings, manufactured homes, single-family attached dwellings, and two-unit attached dwellings shall meet the following requirements:
      1.   In single-family and two-family dwellings, one (1) space of the required parking per unit must be covered (e.g., garage, carport). (Ord. 2013-05, 2-6-2014)
      2.   All mobile food vehicles and motor vehicles which are inoperable and/or without current registration shall not be parked or stored in any required front yard within a residential zoning district or neighborhood.
      3.   Each parking space shall be at least eight and one-half feet wide by eighteen feet deep (81/2' x 18').
      4.   The minimum driveway width shall be ten feet (10').
      5.   Tandem (end to end) parking is allowed to meet the minimum off street parking requirements.
      6.   Parking may be provided within the front and street side yard setback, as follows:
         a.   Vehicle parking (including driveways) in residential areas shall be provided on permanent paved surfaces. Unpaved areas between paved drive lanes (California-style driveways) shall not be used for parking.
         b.   Permanent paved surfaces in the front yard area shall be limited to a maximum five foot (5') wide walkway to the front door of the residence, a driveway that is no wider than the width of the garage or carport, and an area between the driveway and closest interior lot line that is no wider than twelve feet (12') wide. Sites without a garage or carport are limited to a driveway-type parking area in the front yard area that is a maximum twenty feet (20') wide.
         c.   If an interior side yard area is more than ten feet (10') wide from property line to residence, a driveway no more than twelve feet (12') wide may be added for the purpose of accessing the side yard but shall not be used for parking in the required front yard area. Zoning clearance shall be required to ensure compliance.
      7.   All vehicles are required to be parked on a paved surface. Driveways and driveway approaches shall be paved. (Ord. 2013-05, 2-6-2014; amd. Ord. 2015-08, 1-5-2016; Ord. 2017-06, 5-16-2017; Ord. 2024-01, 6-18-2024)

9-5E-6: OFF STREET LOADING REQUIREMENTS:

   A.   Purpose Of Loading Area Requirements: The purpose of these regulations is to provide the number, size, location, and screening requirements for loading areas in mixed use, commercial, and industrial uses. The intent of these regulations is to minimize disruptions of traffic flow by freight carrying vehicles blocking the public right-of-way and to minimize impacts to vehicular and pedestrian conflicts.
   B.   When Loading Regulations Apply: This regulation applies to all nonresidential development in mixed use, commercial and industrial districts, whether or not a permit or other approval is required for the development. Buildings smaller than twenty thousand (20,000) square feet in size are exempt from the requirements of this section.
   C.   General Loading Area Requirements: The number of required loading spaces is based on the use of the building and the building size, minus any residential component square footage, as described in table 9-5E-6-C1, "Required Minimum Loading Spaces", of this section. Where two (2) or more uses are located on the same premises, the number of loading area spaces required is the sum of the spaces required for each use.
      TABLE 9-5E-6-C1
      REQUIRED MINIMUM LOADING SPACES
 
Land Use
Loading Spaces Required
Industrial uses
1 per each 20,000 square feet or fraction thereof
Commercial, office, and all other uses
1 per each 35,000 square feet or fraction thereof
 
   D.   Off Street Loading Standards:
      1.   Dimensions: Loading spaces shall be not less than ten feet (10') in width and twenty five feet (25') in length, with fourteen feet (14') of vertical clearance.
      2.   Setback And Landscaping: Loading areas must comply with the setback and perimeter landscaping and screening standards. When parking areas are prohibited or not allowed between a building and a street, loading areas are also not allowed.
      3.   Maintenance: The provision for maintenance of off street loading facilities is a continuing obligation of the property owner.
      4.   Loading And Maneuvering Areas: Loading and maneuvering areas shall be hard surfaced unless a permeable surface is required to reduce surface runoff, as determined by the City.
      5.   Passenger Vehicle Parking: Parking of passenger vehicles may be allowed in off street loading areas subject to specific time limits to prevent conflicts with off street loading activities. If parking is allowed, the parking time limits shall be clearly posted. These parking spaces shall not count toward meeting the general parking requirements.
   FIGURE 9-5E-6-C1
   TYPICAL LOADING AREA - BACK IN AND SIDE LOAD
 
 
   E.   Location Of Required Loading Facilities:
      1.   The off street loading facilities, regardless of the development type, shall be on the same lot or parcel of land as the structure they are intended to serve.
      2.   The off street loading facilities shall be designed and located so that loading vehicles are not parked in required setbacks, driveways, or required parking spaces during loading activities.
      3.   No loading space shall be located so that a vehicle using such loading space projects into any public street.
      4.   Loading spaces shall be provided with access to an alley when alley access is available.
      5.   Bays and doors shall be located in a manner that would preclude any possibility for trucks to back into bays from arterial streets. (Ord. 2013-05, 2-6-2014)

9-5E-7: BICYCLE PARKING REQUIREMENTS:

   A.   Applicability: Bicycle parking facilities in parking lots shall be provided for nonresidential and multi-family uses as provided in this section. Bicycle parking facilities shall comply with the California building code. (Ord. 2013-05, 2-6-2014)

9-5F-1: PURPOSE AND SIGN DEFINITIONS:

   A.   The purpose of this article is to establish regulations for signs. These regulations are intended to protect the public health, safety, and welfare and provide for the integrity of the community's aesthetics. The city recognizes that signs and other graphics are an essential element of a community's visual appearance, provide a means to identify and promote businesses, provide useful information to the public, and should not become visual distractions along public roadways. Consequently, the purpose of this chapter is to provide sign regulations for signs on private property that are consistent with the goals and objectives of the city's general plan and the community's visual and aesthetic goals. In addition, these regulations are intended to:
      1.   Promote an economically stable and visually attractive community;
      2.   Promote signs and graphics that are attractive, pleasing, and harmonized with the physical character of the building and environment surrounding properties;
      3.   Prevent an inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message;
      4.   Encourage individuality among businesses through signage;
      5.   Improve traffic safety and the smooth and efficient flow of pedestrians and vehicles to their destinations; and
      6.   Direct persons to various activities and enterprises, in order to provide for maximum public convenience. (Ord. 2013-05, 2-6-2014)
   B.   The following definitions shall apply to this title:
    A-FRAME SIGN: See definition of Portable Sign.
   ABANDONED SIGN: Those signs left after the close of a business and which have not been updated upon occupancy of a new business at the same location or within twelve (12) months of business closure. See subsection 9-5F-2F, "Abandoned Signs", of this article.
   ANIMATED SIGN: Any sign which uses mechanical or electrical movement or change of lighting, either natural or artificial, to depict action or to create visual motion or the appearance thereof.
   AWNING: A rooflike cover that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.
   AWNING OR CANOPY SIGN: A sign that is part of or attached to an awning, canopy, or other material, or structural protective cover over a door, entrance, window, or outdoor service area.
   BALLOON SIGN: Any sign that uses blown air or a gas to remain inflated.
   BANNER: Any sign of lightweight fabric or similar material that is mounted to a pole or a building at one or more edges. Flags shall not be considered banners (see definition of Flag).
   BILLBOARD: A permanent structure sign which is used for the display of off site commercial messages. The permanent structure of the sign constitutes a principal, separate or secondary use, as opposed to an accessory use, of the parcel on which it is located. It is a sign used as advertising for hire (e.g., on which display space is made available to parties, other than the owner or operator of the sign or occupant of the parcel [not including those who rent space from the sign owner, when such space is on the same parcel or is the same development as the sign], in exchange for a rent, fee or other consideration). Billboards are located off site of the location of topic being advertised or identified.
   BUILDING ATTACHED SIGN: A sign placed on a wall, awning, canopy, parapet, or a blade bracket. See also definitions of Wall Sign, Awning Or Canopy Sign, Window Sign, or Projecting Sign.
   CAN SIGN: A sign which contains all the text and/or logo symbols within a single enclosed box cabinet that is mounted to a wall or other surface. It specifically does not include the sign cabinet that is part of a freestanding sign.
   FIGURE 9-5F-1-1
 
   CAN SIGN
    CHANNEL LETTER SIGN: A sign made up of individual letters that are independently mounted to a wall or other surface. The "airspace" between the letters is not part of the sign structure but rather the building facade. A logo may also be considered a channel letter provided it is clearly distinguishable from other sign elements.
   FIGURE 9-5F-1-2
 
   CHANNEL LETTER SIGN
    CONSTRUCTION SIGN: See subsection 9-5F-2C2d of this article.
   DIRECTIONAL SIGN: An on site sign containing no commercial message, directing pedestrians or vehicles into or out of driveways, parking areas or other areas of the site on which the sign is located.
   ELECTION SIGN: See subsection 9-5F-2C2h of this article.
   FLAG: Any fabric or bunting containing distinctive colors, patterns, or design that displays the symbol(s) of a nation, state, local government, company, organization, belief system, idea, or other meaning.
   FREESTANDING SIGN: A permanent sign that is self-supporting in a fixed location and not attached to a building. A freestanding sign can be connected or attached to a sign structure or wall that is not an integral part of a building. Freestanding signs include, but are not limited to, monument signs and pylon signs.
   GAS PRICING SIGNS: Any sign identifying the brand, types, octane rating, etc., of gasoline for sale, as required by state law.
   GATEWAY ENTRY SIGNS: A sign located at a major entrance into the city as described in the general plan.
   GOVERNMENTAL SIGN: Any temporary or permanent sign erected and maintained by or required by the city of Lemoore, the county of Kings, state of California, or federal government for the purpose of providing official governmental information to the general public, including, but not limited to, traffic direction, city entrance, or for designation of direction to any school, hospital, historical site, or public service, property, or facility.
   HIGHWAY ORIENTED SIGN: A freestanding sign structure with multi-tenant identification located within one thousand feet (1,000') of a state highway and which is not considered a "billboard".
   HIGHWAY ORIENTED SIGN PERMIT: That discretionary permit for the approval of commercial signs that are oriented to the highway as defined in this title.
   HOME OCCUPATION SIGN: A sign located at a residence advertising a business or profession legally conducted in the residence.
   INCIDENTAL SIGN: A sign, emblem, or decal informing the public of goods, facilities, or services available on the premises, including, but not limited to, restrooms, phones, credit cards, or hours of business.
   KIOSK SIGN: A freestanding sign structure that provides removable panel inserts that each contain directional information. A kiosk is located off site from the location it is providing information to.
   LOGO: A graphical mark or symbol used to identify a company, organization, product or brand.
   MARQUEE OR CHANGEABLE COPY SIGN: A sign, or portion thereof, with characters, letters, or illustrations that can be changed or rearranged manually without altering the face or surface of the sign. A sign on which the message or characters change more than twelve (12) times per day shall be considered an animated sign and not a changeable copy sign for purposes of this title.
   FIGURE 9-5F-1-3
 
   MARQUEE OR CHANGEABLE COPY SIGN
    MENU/ORDER BOARD SIGN: A sign installed in a drive- through facility and oriented so as to be visible primarily by drive-through customers.
   MONUMENT SIGN: A sign constructed upon a solid appearing base or pedestal (typically stone, brick, or concrete), the total width of which is at least fifty percent (50%) of the overall height of the sign.
   FIGURE 9-5F-1-4
 
   MONUMENT SIGN
    MOVING SIGN: Any sign of which all or any part thereof revolves or moves in any fashion whatsoever.
   PENNANT: Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, attached to a rope, wire, or string, usually in a series, designed to move in the wind and attract attention.
   PERMANENT SIGN: A sign that is entirely constructed out of durable materials, is fixed in place, and is intended to exist for more than thirty (30) days.
   POLE SIGN: An on site freestanding sign, supported by a sign structure from the ground which identifies businesses located on the same parcel or in the same development on which the sign is located. Pole signs are supported by one or more metal or wood posts, pipes, or other vertical supports. When the support structure is not integrated into the overall design of the sign, these are prohibited in all districts.
   PORTABLE SIGN: Any sign that is not permanently attached to a building or to the ground and may be easily moved. Portable signs are often configured with an A-frame or T-frame.
   FIGURE 9-5F-1-5
 
   PORTABLE SIGN
    PROJECTING SIGN: A sign that projects perpendicular from a structure (bracket sign) or is hung beneath a canopy (blade sign).
   FIGURE 9-5F-1-6
 
   PROJECTING SIGNS
    PUSHPIN LETTER SIGN: A sign comprising individual letters that are independently mounted to a wall or other surface. Such sign may be illuminated by an external light source, such as pendant lighting. The "airspace" between the letters is not part of the sign structure but rather the building facade.
   FIGURE 9-5F-1-7
 
   PUSHPIN LETTER SIGN
    PYLON SIGN: An on site freestanding sign, supported by a sign structure from the ground which identifies businesses located on the same parcel or in the same development on which the sign is located. Pylon signs are designed such that the support structure and the sign face are designed as one architecturally unified and proportional element. Also see definitions of Monument Sign and Pole Sign.
   FIGUR E 9-5F-1-8
 
   PYLON SIGN
    REAL ESTATE SIGN: See subsection 9-5F-2C2e of this article.
   REVERSE CHANNEL LETTER SIGN: A sign comprising individual letters that are independently mounted to a wall or other surface, with lights mounted behind the letters that face the wall behind. Lights illuminate the space around the channel letters rather than the channel letters themselves, creating a "reverse" lighting effect (e.g., halo effect). The "airspace" between the letters is not part of the sign structure but rather the building facade.
   FIGURE 9-5F-1-9
 
   REVERSE CHANNEL LETTER SIGN
    SIGN: Any device, structure, fixture, or placard displaying graphics, symbols, and/or written copy for the primary purpose of communicating with the public. Notwithstanding the foregoing, the following do not fall within the definition of a sign:
      1.   Interior signs. Signs or other visual communicative devices that are located entirely within a building or other enclosed structure or site which is not visible from the exterior thereof, or located at least three feet (3') from the window on the interior of the structure.
      2.   Architectural features. Decorative or architectural features of buildings (not including lettering, trademarks or moving parts).
      3.   Symbols embedded in architecture. Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a building; the definition also includes foundation stones and cornerstones.
      4.   Personal appearance. Items or devices of personal apparel, decoration or appearance, including, but not limited to, tattoos, makeup, wigs, costumes, and masks (but not including commercial mascots).
      5.   Manufacturers' marks. Marks on tangible products that identify the maker, seller, provider or product, and which customarily remain attached to the product even after sale.
      6.   Fireworks, candles, and artificial lighting. The legal use of fireworks, candles and artificial lighting not otherwise regulated by this title.
      7.   Mass transit graphics. Graphic images mounted on trains or duly licensed mass transit vehicles that legally pass through the city.
      8.   Vehicle and vessel insignia. As shown on street legal vehicles and properly licensed watercraft: license plates, license plate frames, registration insignia, noncommercial messages, messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising) and messages relating to the proposed sale, lease or exchange of the vehicle or vessel.
      9.   Newsracks and newsstands.
      10.   Shopping carts and golf carts.
      11.   Vending machines that do not display off site commercial messages or general advertising messages.
      12.   Graphic images that are visible only from above, such as those visible only from airplanes or helicopters, but only if not visible from the street surface or public right of way.
      13.   Holiday and cultural observance decorations that are on display for not more than forty five (45) calendar days per year (per parcel or use) and which do not include commercial advertising messages.
   SIGN FACE: That area or portion of a sign on which copy is intended to be placed.
   SIGN PROGRAM: A written description of the signs for new multi-tenant shopping centers, office parks, and other multi- tenant, mixed use, or otherwise integrated developments of three (3) or more separate tenants/uses that share buildings, public spaces, landscape, and/or parking facilities.
   SUBDIVISION DIRECTIONAL SIGN: A temporary or otherwise limited term sign for the purpose of providing direction for vehicular and/or pedestrian traffic to the initial home sales of multiple lots with a single builder within a master planned community, including both single-family and multi-family for sale products. All other home sales are included within the definition of "real estate sign".
   SUBDIVISION PERMANENT IDENTIFICATION SIGN: A sign located at the entrance to the subdivision for the purpose of a permanent identification of the subdivision. Such signs are of a permanent nature, usually constructed of long lasting, weather resistant materials such as stone or metal.
   SUBDIVISION SIGN: A sign identifying the initial home sale and location of land and/or multiple lots with a single builder within an approved residential subdivision/master planned community, including both single-family and multi-family for sale products, or new/substantially renovated apartment complex of more than twenty five (25) units.
   TEMPORARY SIGN: A sign not constructed or intended for long term use. Typically, temporary signs are not physically suitable for display longer than thirty (30) days. If a sign does not qualify as a "structure" under the building code, it is presumably a temporary sign, but subject to the interpretation of the planning director. Examples of temporary signs include banners, vertical banners, stick signs, and A-frame signs.
   VINYL SIGN: A sign constructed of vinyl or plastic that is affixed to a building with adhesive, bolts, screws, or other similar method.
   WALL SIGN: A sign attached directly to an exterior wall of a building or dependent upon a building for support with the exposed face of the sign located in such a way as to be substantially parallel to such exterior building wall to which it is attached or supported by.
   WAYFINDING SIGN: An off site sign that directs pedestrians and vehicular traffic to major destinations in the city.
   WINDOW SIGN: A sign attached to, suspended behind, placed, or painted upon the window or glass door of a building and intended for viewing from the exterior of such building. This definition does not include merchandise offered for sale on site, when on display in a window. This definition does not include window tinting, shading or coloring without graphics, symbols, or written copy. (Ord. 2013-05, 2-6-2014; amd. Ord. 2015-08, 1-5-2016)

9-5F-2: ADMINISTRATIVE PROVISIONS:

This section describes the administrative provisions for signage regulation, including permit requirements and review procedures, policies for review of signs, signs exempt from permit requirements, and prohibited signs.
   A.   Permit Required: The following permits or entitlements shall be required for signs:
      1.   Zoning Clearance Required: Zoning clearance shall be required for all permanent signs (building-attached, freestanding, and highway oriented) prior to erection, relocation, alteration, or replacement of a sign, unless otherwise exempted by this article. Zoning clearance is conducted as part of the review of the building permit as provided in section 9-2B-3, "Zoning Clearance", of this title. No planning approvals shall be required for general maintenance of existing conforming signs or the replacement of a conforming sign face (including message) when the area of the sign is not being changed and a building permit is not required (e.g., the replacement of a sign face on a legal conforming sign). A sign permit is also not required for the establishment of temporary signs; however, such signs shall be consistent with the development standards and time duration limits established in this article.
      2.   Sign Program: A sign program shall be required for all new multi-tenant shopping centers, office parks, and other multi- tenant, mixed use, or otherwise integrated developments of three (3) or more separate tenants/uses that share buildings, public spaces, landscape, and/or parking facilities. A sign program provides a process for the city's review of, and decisions related to, requests for signs for multi-tenant projects. The intent of a sign program is to establish a shared sign design or theme that to which all future tenants must adhere. The process for application, review, and decision regarding a sign program shall be as established in section 9-2B-13, "Sign Program", of this title.
      3.   Highway Oriented Sign Permit: A highway oriented sign permit shall be required for all highway oriented signs as provided in this article. The process for application, review, and decision regarding a highway oriented sign permit shall be as established in section 9-2B-18, "Highway Oriented Sign Permit", of this title.
      4.   Variances: Applications for a variance from the terms of this article shall be reviewed according to the variance procedures set forth in section 9-2B-16, "Variance", of this title.
   B.   Policies For Signage Regulations: The following policies regarding signage in the city are established:
      1.   Regulatory Interpretations: The requirements of this article shall not be interpreted to nullify any easements, covenants, or other private agreements that provide for more restrictive sign regulations than are required by this article.
      2.   Message Neutrality: It is the city's policy and intent to regulate both commercial and noncommercial signs in a viewpoint neutral and/or content neutral manner. The message of the sign shall not be reviewed except to the minimum extent necessary to identify the type of sign.
      3.   Message Substitution: Subject to the property owner's consent, a noncommercial message of any type may be substituted in whole or in part for the message displayed on any sign for which the sign structure or mounting device is authorized pursuant to this article, without consideration of message content. Such substitution of message may be made without any additional approval or permitting. The purpose of this requirement is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. In addition, any on site commercial message may be substituted, in whole or in part, for any other on site commercial message, provided that the sign structure or mounting device is authorized pursuant to this article, without consideration of message content. This requirement does not create a right to increase the total amount of signage on a parcel, lot, or land; does not affect the requirement that a sign structure or mounting device be properly permitted; does not allow a change in the physical structure of a sign or its mounting device; and does not allow for the substitution of an off site commercial message in the place of an on site commercial or noncommercial message.
      4.   On Site/Off Site Distinction: Within this article, the distinction between on site and off site signs applies only to commercial messages.
      5.   General Prohibition: Permanent signs not expressly permitted by this article are prohibited.
      6.   Exceptions To Limitations: Any exception to the limitations listed herein shall require a variance pursuant to section 9-2B-16, "Variance", of this title. However, consideration of the variance request shall not evaluate the message or graphic design of the sign.
      7.   Indecent Or Obscene Matter: To the extent allowed by law, signs with any statements or words of an obscene, indecent, or immoral character, or any picture or illustration of any human figure in such detail as to offend public morals or decency, or any other matter or thing of an obscene, indecent, or immoral character shall be prohibited.
   C.   Exemptions From Permit Requirements: The following sign types are expressly exempted from the permit requirements of this article but still must satisfy any and all other applicable permit requirements when necessary (e.g., building, electrical, plumbing, grading, encroachment):
      1.   Exempt Signs Without Limitations: The following signs are exempt from sign permit and city review requirements:
         a.   Change of copy that does not alter the size, location, or illumination of a conforming sign.
         b.   All devices which are excluded from the definition of a "sign" as set forth in this title.
         c.   Official traffic signs or other municipal governmental signs, legal notices, advertisements prescribed by law and placed by governmental entities, and signs indicating the location of buried utility lines or any notice posted by a governmental officer in the scope of his or her duties.
         d.   Direction, warning, or information signs or structures required or authorized by law, or by federal, state, county, or city authority, including, but not limited to, traffic control signs (e.g., stop, yield), highway route number signs, and construction zone signs.
         e.   Noncommercial utility company signs identifying cables, conduits, and dangerous situations.
         f.   Street address signs on buildings and building identification signs consistent with the city adopted building code or relevant provisions of the city municipal code. Notwithstanding anything in this section, street address signs may be illuminated and may contain reflective paint or material.
         g.   Tablets and plaques, installed by the city or a historical organization, including names of buildings and date of erection.
         h.   Signs and advertising for the California state lottery as authorized by California Government Code section 8880 et seq.
         i.   Gas pricing signs, as required by State law, which identify the brand, types, octane rating, etc., of gasoline for sale within the City 1 . This does not limit the approval and design requirement for permanent or temporary placement and approval provisions listed herein.
         j.   Signs on vehicles and vessels, including license plates, license plate frames, registration insignia, noncommercial messages, messages relating to the business for which the vehicle or vessel is an instrument or tool (not including general advertising, such as mobile billboards), and messages relating to the proposed sale, lease, or exchange of the vehicle or vessel. (Ord. 2013-05, 2-6-2014)
      2.   Exempt Signs With Limitations: The following signs are exempt from sign permit and City review, provided that they meet the size, height, duration, and/or maximum number limitations listed:
         a.   Window signs in conformity with this article.
         b.   Temporary signs in conformity with this article.
         c.   Flags, provided they meet the requirements in subsection 9-5F-4B10 of this article. (Ord. 2017-06, 5-16-2017)
         d.   Signs on property undergoing construction or remodeling not exceeding thirty two (32) square feet each in area and limited to one (1) sign for each street frontage. Such signs shall not be illuminated. Such signs shall be removed within thirty (30) days of the earliest of the following events: final building inspection approval, issuance of a valid certificate of occupancy, opening for business to the public, or expiration of the building permit.
         e.   Signs on property for sale, lease, or rental as follows:
            (1)   On residential property, one (1) sign not exceeding eight (8) square feet and not exceeding a height of five feet (5'). On weekends and holidays, up to four (4) signs to direct traffic to the subject property are allowed, provided each sign does not exceed eight (8) square feet in area and three and one-half feet (31/2') in height. A sign shall not be placed on the sidewalk or street or where it creates a safety hazard. The sign shall not be illuminated.
            (2)   On nonresidential, downtown, and mixed use property, one (1) sign per street frontage, not exceeding thirty (30) square feet in area or ten feet (10') in height. The sign shall not be illuminated.
         f.   Signs on property where there is a garage, yard, or estate sale taking place. Such signs may be posted for no more than forty eight (48) hours and must be removed at the end of the sale. A maximum of six (6) square feet is allowed per sign. For further information, see section 3-8-4, "Advertising Signs", of the Municipal Code.
         g.   On site directional signs, such as exit, entrance, or other on site traffic directional signs. The maximum height of any directional sign shall be forty two inches (42") and the maximum size shall be six (6) square feet. No advertising or message other than for traffic direction shall be displayed.
         h.   Noncommercial signs, as defined in this Code, consistent with the following requirements:
            (1)   Six (6) square feet of signage, set back at least five feet (5') from the public right-of-way and not projecting above the roofline of any structure.
            (2)   During the time period beginning ninety (90) days before a special, general, or primary election and ending three (3) weeks after such election, the total allowed sign area for noncommercial signs may be increased by an additional thirty (30) square feet in area (for a total of 36 square feet). The same setback and height restrictions listed above shall apply to this additional area. (Ord. 2013-05, 2-6-2014)
   D.   Prohibited Signs: The signs listed in this subsection are inconsistent with the purposes and requirements of this chapter as described below and as such are prohibited in all zoning districts, unless specifically authorized by another requirement of this article.
      1.   Any sign not specifically in accordance with the requirements of this chapter.
      2.   Billboards (off site signs with commercial message), as defined in this article. The city prohibits the construction, erection, or use of any billboards other than those that 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. No permit shall be issued for any billboard which violates this policy, and the city will take immediate enforcement or abatement action against any billboard constructed or maintained in violation of this policy.
      3.   Roof signs or signs placed above the roofline.
      4.   Animated, flashing, scrolling, or video screen signs (e.g., electronic reader board sign) where the message changes more frequently than once every seven (7) seconds. Other types of signs such as barber poles or electronic reader board signs that change message less frequently than once every seven (7) seconds may be permitted consistent with the requirements of this article.
      5.   Pennants, pinwheels, and other signs that utilize two (2) or more light bulbs in a wire string; paraphernalia composed of paper unless displayed inside a window; or signs displayed outdoors that are composed of paper or other lightweight material that could not be securely anchored, would easily degrade, or could not withstand limited exposure to the elements (e.g., a paper sign whose writing would become illegible if exposed to water, or a cardboard sign taped to a building exterior that could easily blow away).
      6.   Pole signs, as defined in this article. Note that freestanding signs constructed with poles as the substructure where the poles are encased to incorporate design features are not considered pole signs.
      7.   Signs which are mobile, rotate, or move.
      8.   Signs placed on the public right of way or affixed to an element or structure on the public right of way, or located on a publicly owned tree, fence, or utility pole or otherwise posted on public property, except where required by a governmental agency; and signs on private property affixed to a fence; or signs affixed to a tree, shrub, rock, or other natural object on private property.
      9.   Inflatable balloon signs, including, but not limited to, individual balloons, balloon strings, and other inflatable objects made of a flexible material and inflated so as to be lighter than air.
      10.   Signs painted upon a fence.
      11.   Signs affixed to vehicles or trailers that advertise or promote a business. This prohibition does not apply to signs permanently affixed to the side of a business or commercial vehicle or to signs required by state or federal law (e.g., contractor's license number) as exempted in the definition of a sign.
      12.   Signs attached to light standards (poles) unless part of a sign program or street banner program.
      13.   Signs affixed to a structure or property not owned by the person installing the signs without the written consent of an owner. (Ord. 2015-08, 1-5-2016)
   E.   Nonconforming Signs: Except as otherwise provided by this section, all existing signs which do not meet the requirements of this article shall be deemed nonconforming signs and shall either be removed or brought into compliance with the city's municipal code when a substantial alteration to the sign is made. Change of copy shall not be deemed a substantial alteration. For purposes of this section, a "substantial alteration" shall be defined as repair or refurbishing of any sign that alters its physical dimensions or height, or replaces any integral component of the sign including, but not limited to, alterations to exterior cabinets, bases, or poles. Customary maintenance, such as repainting the sign text, cabinet, or other component of the sign, or routine replacement of border and trim with substantially the same colors and materials, in its existing approved physical configuration and size dimensions at the specific location approved by the city shall not constitute substantial alteration.
   F.   Abandoned Signs: "Abandoned signs" shall be those signs left after the close of a business and which have not been updated upon occupancy of a new business at the same location. The following standards shall apply to conforming and nonconforming abandoned signs:
      1.   If a sign is maintained, the sign copy shall be replaced with blank sign copy within ninety (90) days of the close of the business (e.g., no utility service, not open for more than 2 weeks).
      2.   A sign that is maintained with blank copy shall only be allowed to remain for nine (9) months (for a total of 12 months from business closure). At the conclusion of this time period, the planning director shall send a notice stating that the sign shall be removed.
      3.   Abandoned signs that are not maintained or removed consistent with the requirements of this section may be abated by the city and reimbursed by the property owner. (Ord. 2013-05, 2-6-2014)

9-5F-3: GENERAL SIGN PROVISIONS:

This section describes the procedures for measurement of signs (including area and height) and construction and maintenance requirements.
   A.   Sign Area Measurement Procedures: Generally, the area of a sign shall be measured as the overall length of the sign multiplied by the overall height of each segment of copy or logo. See figure 9-5F-3-A1, "Sign Area", of this section.
   FIGURE 9-5F-3-A1
   SIGN AREA
 
      1.   Awning Or Canopy Signs: Sign copy which is applied to an awning or canopy shall be computed at one hundred percent (100%) of the area within a single rectangle enveloping the sign copy.
      2.   Freestanding Signs: Freestanding signs are to be computed as total height by the total length of the sign for one side regardless if it is single or double face, excluding framework of separate single wood post or masonry column and single wood or masonry beam. The base of a monument sign is not part of the sign. See figure 9-5F-3-A2, "Freestanding Sign Area", of this section.
   FIGURE 9-5F-3-A2
   FREESTANDING SIGN AREA
 
 
      3.   Three-Dimensional Objects: Where a sign consists of one or more three-dimensional objects (e.g., balls, cubes, clusters of objects, sculptures, or statuelike trademarks), the sign area shall be measured as their maximum visible surface area from any vantage point. See figure 9-5F-3-A3, "Area Of Three-Dimensional Objects", of this section.
   FIGURE 9-5F-3-A3
   AREA OF THREE-DIMENSIONAL OBJECTS
 
   B.   Sign Height Measurement: 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.   Construction Requirements: Every sign and all parts, portions, and materials thereof shall be manufactured, assembled, and erected in compliance with all applicable state, federal, and city laws and regulations, including the locally adopted building code. All signs shall comply with the following criteria:
      1.   All transformers, equipment, programmers, and other related items shall be screened and/or painted to match the building or shall be concealed within the sign.
      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 freestanding signs that incorporate lighting shall have underground utility service.
      4.   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.
   D.   Clearance From Public Utility Facilities: The person erecting a sign and the owner of the premises shall maintain any legally required clearance from communications and electric facilities. A sign may not be constructed, erected, installed, maintained, or repaired in any manner that conflicts with a rule, regulation, or order of the California public utilities commission pertaining to the construction, operation, and maintenance of public utilities facilities.
   E.   Interference With Motorist Field Of Vision:
      1.   No sign shall be located in a manner which may obstruct or interfere with the view of a traffic signal or other traffic regulatory signs. No sign shall, as determined by the public works director, be so located as to create a hazard to the life or property of any person using the public right of way.
      2.   Any required on site landscaping may be trimmed as needed to provide maximum visibility of the sign or signs.
      3.   Signs shall not be located within the clear visibility area.
   F.   Sign Siting:
      1.   Location Of Building-Attached 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. Orientation of signs such that they face directly onto residential property is to be avoided and is allowed only when there is no practical alternative and the visibility of the sign from the residence is minimized and not illuminated.
      2.   Setback And Spacing Of Freestanding Signs:
         a.   The minimum setback distance for freestanding signs shall be measured from the back of the public right of way or side of a driveway. Unless an encroachment permit is granted, all freestanding signs shall be located outside of the public right of way and any required clear visibility area.
         b.   The minimum spacing distance between permanent freestanding signs, excluding on site directory and menu/order board signs, shall be two hundred fifty feet (250'), except that highway oriented signs shall be separated a greater distance as described in subsection 9-5F-5D, "Highway Oriented Signs", of this article. This section shall not be used to deny a site the placement of a freestanding sign.
   G.   Maintenance Requirements: Every sign and all parts, portions, and materials thereof shall be maintained and kept in proper repair. The display surface of all signs shall be kept clean, neatly painted, and free from rust and corrosion. Any cracked, broken surfaces, malfunctioning lights, missing sign copy, or other nonmaintained or damaged portions of a sign shall be repaired or replaced within thirty (30) days following notification by the city. Noncompliance with such a request will constitute a nuisance condition and zoning violation and will be enforced as such.
   H.   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. This requirement does not apply to routine maintenance. (Ord. 2013-05, 2-6-2014)

9-5F-4: DESIGN STANDARDS FOR SIGNS:

   A.   General Sign Design Requirements: The following criteria shall be utilized for permanent on site signs. Signs shall comply with general design standards as provided here in addition to design standards applicable only to unique sign types as provided in subsection B, "Design Standards For Specific Sign Types", of this section.
      1.   Sign Illumination: The artificial illumination of signs, either from an internal or external source, shall be designed so as not to cast stray light on surrounding rights of way and properties. The following requirements shall apply to all illuminated signs:
         a.   External light sources shall be directed and shielded to limit direct illumination of an object other than the sign;
         b.   The light from an illuminated sign shall not be of an intensity or brightness that will create glare or other negative impacts on residential properties in direct line of sight to the sign;
         c.   Unless otherwise permitted by another requirement of this article, signs shall not have blinking, flashing, or fluttering lights, or other illumination devices that have a changing light intensity, brightness, or color;
         d.   Colored lights shall not be used at a location or in a manner so as to be confused or constructed as traffic control devices; and
         e.   Light sources shall utilize energy efficient fixtures to the greatest extent possible and shall comply with title 24 of the California code of regulations.
   B.   Design Standards For Specific Sign Types: In addition to the general sign design requirements in subsection A, "General Sign Design Requirements", of this section, the following requirements shall apply to the specific sign types:
      1.   A-Frame Signs: A-frame signs, where permitted under section 9-5F-6, "Standards For Temporary On Site Signs", of this article, shall be placed at least fifteen feet (15') behind the face of curb and outside the city right of way; except that in the downtown they may be located on the sidewalk in front of the business. No A-frame signs may be placed where they may obstruct vision or create other public safety hazards or ADA obstruction. A-frame signs shall be removed during all times when the business is closed.
      2.   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 and shall be considered wall signs for signage area calculation purposes. The following requirements shall apply:
         a.   Lettering shall be located within the middle seventy percent (70%) of the awning area.
         b.   Only permanent signs that are an integral part of the awning or architectural projection shall be allowed. Temporary signs shall not be placed on awnings.
         c.   Awning signs shall only be allowed for first and second story occupancies.
         d.   Awnings shall not be lighted from under the awning (backlit) so that the awning appears internally illuminated. Lighting directed downward that does not illuminate the awning is allowed.
      3.   Marquee Or Changeable Copy Sign: These types of signs shall be considered to be the same as any other type of sign and shall be regulated based on their location; i.e., if located on a wall, they shall be deemed wall signs. There shall be at least seven feet (7') of clearance between the bottom of the sign and the sidewalk immediately below the sign. No such sign shall project over the public right of way closer than five feet (5') to the curb line of a street or have a sign area exceeding one hundred (100) square feet. Electric (digital) changeable copy signs shall not change message more than one time every seven (7) seconds and intensity shall be adjusted between day and night hours to not be a safety hazard.
      4.   Freestanding Signs: Freestanding signs, including monument and pylon signs, shall only be permitted as follows:
         a.   In an effort to promote full architectural integration of signs, voids between the sign face and the sign structure are prohibited. Either the sign face shall utilize the full width of the sign structure or coverings that are architecturally consistent with the rest of the sign shall be used to fill any voids. Monument and pylon signs, as defined in this title, are the preferred sign type for freestanding signs.
   FIGURE 9-5F-4-B1
   FREESTANDING SIGN WITH VOIDS
 
         b.   Freestanding signs may only be constructed as follows:
            (1)   For sites with less than three hundred feet (300') of street frontage, a monument sign is permitted consistent with the requirements of this article.
            (2)   For sites with three hundred feet (300') or more of street frontage, a monument or pylon sign is permitted. Multiple adjoining properties that individually do not have at least three hundred feet (300') for frontage may establish a joint use easement to allow sharing of one sign. Such combination shall first require the approval of a sign program for all properties.
      5.   Projecting Signs: Projecting signs, including, but not limited to, blade signs, bracket signs, and marquee signs, shall be considered wall signs for the purposes of sign area calculations. Projecting signs shall only be permitted as follows:
         a.   Location: Projecting signs shall be placed only on ground floor facades, except for businesses located above the ground level with direct exterior pedestrian access.
         b.   Angle Of Projection: Projecting signs shall either be located at right angles to the building front along the building facade, or, when located on the corner of a building, at a forty five degree (45°) angle to the corner of the building.
         c.   Height: The lowest point of a blade or bracket sign shall be a minimum of six feet eight inches (6'8") above grade.
         d.   Projection: The sign may project a maximum of five and one- half feet (51/2') from the building.
         e.   Sign Structure: Sign supports and brackets shall be compatible with the design and scale of the sign.
      6.   Wall Signs:
         a.   Wall signs shall be compatible with the predominant visual architectural elements of the building facade.
         b.   Wall signs shall not project more than fourteen inches (14") from the building facade.
         c.   Wall sign raceways shall be concealed from public view (e.g., within the building wall or otherwise integrated with the design of the sign and building) so as to not detract from the architectural character of the building. (Ord. 2013-05, 2-6-2014)
         d.   Channel letters, reverse channel letters, and pushpin letters are preferred. (Ord. 2015-08, 1-5-2016)
         e.   Signage containing multiple elements (e.g., logo and text) on one facade shall be designed so that the multiple elements are located and scaled with relationship to each other and the building they are attached to.
      7.   Temporary Sign: In addition to the standards of section 9-5F-6, "Standards For Temporary On Site Signs", of this article, no temporary sign shall be day-glo or fluorescent in color.
      8.   Window Sign:
         a.   Window signs shall not take up more than twenty five percent (25%) of the total window area of the establishment.
         b.   Window signs shall not count toward the overall allowed permanent signage allowed for an establishment but the message may be changed out on a regular basis similar to a temporary sign. (Ord. 2013-05, 2-6-2014)
      9.   Can Sign: A can sign shall at all times have a sign face installed so that the inside of the can sign's box is not visible. To meet this requirement, the sign face may be blank. (Ord. 2015-08, 1-5-2016)
      10.   Flags And Flagpoles: Flagpoles may be mounted on the ground, a roof, or a building wall. Ground-mounted flagpoles shall not be located within any required side or rear yard setback areas. Flags and flagpoles shall also meet the following size standards:
         a.   Ground-mounted flagpoles located in the RC, ML, or MH Zones shall have a maximum height of fifty feet (50') or a maximum height equal to twice the distance from the base of the pole to the closest lot line, to a maximum of one hundred feet (100'), whichever is greater.
         b.   Ground-mounted flagpoles located in the AR, RVLD, RLD, RN, RLMD, RHD, W, AG, PR, or DMX-3 Zones shall have a maximum height of thirty feet (30'), mounted on the ground.
         c.   Ground-mounted flagpoles located in the DMX-1, DMX-2, MU, CN, PO, or CF Zones shall have a maximum height of fifty feet (50').
         d.   Roof-mounted flagpoles shall have a maximum height equal to the height of the building plus thirty feet (30').
         e.   The maximum width (hoist) of an individual flag on a ground- mounted or roof-mounted flagpole shall be equal to twenty percent (20%) of the height of the flagpole upon which it is located. The maximum length (fly) of an individual shall be twice the allowed width (hoist). (Ord. 2017-06, 5-16-2017)
   C.   Design Standards For Specific Sign Types In The Downtown Mixed Use Zone Districts: In addition to the general sign design requirements in subsection A, "General Sign Design Requirements", of this section, the following requirements shall apply to the specific sign types located in the Downtown Mixed Use Zone Districts:
      1.   Awning Sign:
         a.   Lettering shall only be allowed on valance flaps and shall not exceed ten inches (10") in height; it shall also be located within the middle seventy percent (70%) of the valance area.
         b.   Logos, symbols, and graphics are allowed on the shed (slope) portion of an awning, not exceeding nine (9) square feet.
         c.   Awning signs are only permitted on first and second story occupancies.
         d.   Awnings may be illuminated through spotlighting (e.g., pendants) directed at the face of the awning.
      2.   Bracket Sign, Marquee Sign, And Projecting Sign:
         a.   These signs shall not be longer than eight feet (8') and shall not be taller than four feet (4').
         b.   These signs shall maintain a minimum vertical clear space to sidewalk of eight feet (8').
         c.   An encroachment agreement is required when this sign is placed over the public sidewalk. These signs shall maintain a minimum two foot (2') clear space to curb.
         d.   These signs may be internally or externally illuminated; however, internally illuminated signs shall be designed so that only the letters, logos, numbers, or symbols appear illuminated. The background of the sign shall not be illuminated, such as with a can sign.
         e.   Marquee and projecting signs shall not be attached to the sloping face of mansard overhangs or other architectural devices intended to resemble or imitate roof structures.
      3.   Channel Letter, Pushpin, Reverse Channel Letter, And Wall Sign:
         a.   These signs shall not extend above an eave or parapet. When located along a fascia, they shall not extend beyond the vertical distance of the fascia.
         b.   These signs shall be placed flat against the wall and shall not project from the wall more than required for normal construction purposes and in no case more than twelve inches (12"). The designated approving authority may modify this requirement in special circumstances where a projection greater than twelve inches (12") may be desirable to allow the creation of an especially creative and unique sign design.
         c.   These signs shall be located within the middle seventy percent (70%) of the building or occupancy frontage.
         d.   These signs shall not cover or obstruct any portion of a window or architectural element.
         e.   These signs may be internally or externally illuminated; however, internally illuminated signs shall have opaque face panels so that only the letters, logos, numbers, or symbols appear illuminated.
      4.   Portable Sign:
         a.   One (1) portable sign shall be permitted per establishment. In the case of multiple establishments having a common entrance, only one (1) portable sign shall be permitted per entrance. Examples include, but are not limited to, mall buildings.
         b.   The maximum size for portable signs shall be eight (8) square feet. The maximum height allowed shall be four feet (4').
         c.   Portable signs shall be made of long lasting, durable materials such as wood and metal. Portable signs shall not be made of cardboard or poster board.
      5.   Window Sign: A window sign shall not make up more than twenty five percent (25%) of the window area.
      6.   Signs Using Neon Light: Neon light may be used, provided the sign is compatible with the design character of the building. (Ord. 2013-05, 2-6-2014)

9-5F-5: STANDARDS FOR PERMANENT ON SITE SIGNS:

The standards of this section provide the regulations for on site signs on private property, including height, size, placement, and illumination. Regulations are listed based upon zoning district and sign type.
   A.   Format And Organization Of Standards: The signage standards listed below are summarized, where applicable, in table format for ease of use and organization. Concepts described in these tables are as follows:
      1.   Collective Sign Area: The total sign area allowed herein for each sign type may be distributed among the maximum number of signs permitted for that sign type.
      2.   Cumulative Sign Area Allowance: Allowable sign area is either a set square footage per establishment or is based on a ratio of allowable sign area to primary building frontage (i.e., 1 square foot of sign per 1 linear foot of primary building frontage, or 1 sf/1 lf). Where a ratio is described, it applies to the maximum sign area listed in table 9-5F-5-B1, "Signage Standards For Permanent On Site Signs By Zoning District", of this section. The sign area allowed for permanent on site signs shall be independent of the area allowed for temporary signs as provided in section 9-5F-6, "Standards For Temporary On Site Signs", of this article.
   B.   General Standards: Except as provided in subsections C, "Menu/Order Board Signs For Drive-In And Drive-Through Uses", and D, "Highway Oriented Signs", of this section, permanent on site signs shall be consistent with the standards listed in table 9-5F-5-B1 of this section as listed by base zoning district. The types of signs permitted in each district are specified in table 9-5F-5-B2, "Allowed Types Of Permanent On Site Signs By Zoning District", of this section. Only those signs specified in the tables shall be permitted.
TABLE 9-5F-5-B1
SIGNAGE STANDARDS FOR PERMANENT ON SITE SIGNS BY ZONING DISTRICT
Sign Type
Development Standards
Maximum Number Permitted
Maximum Area
Maximum Height
Sign Type
Development Standards
Maximum Number Permitted
Maximum Area
Maximum Height
Residential and Special Purpose Districts (AR, RVLD, RLD, RN, RLMD, RMD, RHD, W, AG, PR, CF):
 
 
 
Home occupations:
 
 
 
Building-attached sign
1 sign per residence
2 square feet
Roofline
Permanent subdivision identification signs:
 
 
 
Freestanding sign (monument or attached to a masonry wall)
1 per subdivision entrance
30 square feet each, 60 square feet total
10 feet
Other nonresidential uses:
 
 
 
Building-attached sign
1 per establishment
40 square feet
Roofline
Freestanding sign
1 per site
40 square feet
6 feet
Downtown Mixed Use Districts (DMX-1, DMX-2, DMX-3):
 
 
 
Building attached signs
No maximum
2 square feet/1 linear foot on primary frontage and 1.5 square feet/1 linear foot on secondary frontage; maximum 100 square feet per sign and 200 cumulative square feet per establishment
Roofline
Freestanding signs
Non-residential uses only: 1 per site
20 square feet
4 feet
Mixed Use District (MU):
 
 
 
Building-attached signs
No maximum
1.5 square feet/1 linear foot collectively, maximum 150 square feet
Roofline
Freestanding signs:
 
 
 
A-frame sign
1 per establishment
8 square feet maximum
5 feet
Freestanding sign
1 per project entrance
50 square feet per sign
12 feet
Neighborhood Commercial District (NC):
 
 
 
Building-attached signs
No maximum
2 square feet/1 linear foot collectively, maximum 200 square feet
Roofline
Freestanding signs
1 per site
50 square feet per sign
12 feet
Regional Commercial District (RC):
 
 
 
Building-attached signs
No maximum
2.5 square feet/1 linear foot collectively, maximum 400 square feet
Roofline
Freestanding signs
1 per street frontage
100 square feet per sign
See standards by sign type in table 9-5F-5-B2 of this section
Professional Office District (PO):
 
 
 
Building-attached signs
1 per establishment
40 square feet per sign
Roofline
Freestanding signs
1 per street frontage
40 square feet per sign
10 feet
Industrial Districts (ML, MH):
 
 
 
Building-attached signs
1 per street frontage per establishment
1.5 square feet/1 linear foot collectively, maximum 400 square feet
Roofline
Freestanding signs
1 per site
100 square feet per sign
See standards by sign type in table 9-5F-5-B2 of this section
 
(Ord. 2013-05, 2-6-2014; amd. Ord. 2017-06, 5-16-2016; Ord. 2023-01, 6-18-2024)
TABLE 9-5F-5-B2
ALLOWED TYPES OF PERMANENT ON SITE SIGNS BY ZONING DISTRICT
1
Sign Type
Zoning District
Maximum Height
Nonresidential Uses
In AR, RVLD, RLD, RN, RLMD, RMD, RHD, W, AG, PR, CF
DMX-1
DMX-2
DMX-3
MU
NC
RC
PO
MLMH
Sign Type
Zoning District
Maximum Height
Nonresidential Uses
In AR, RVLD, RLD, RN, RLMD, RMD, RHD, W, AG, PR, CF
DMX-1
DMX-2
DMX-3
MU
NC
RC
PO
MLMH
Building-attached:
 
Awning
A
A
A
A
A
A
A
N
N
Roofline
Can
N
N
N
N
A
A
A
A
A
Roofline
Channel letter
A
A
A
A
A
A
A
A
A
Roofline
Marquee/changeable copy sign (electric)
N
A
N
N
N
A
A
N
N
Roofline
Marquee/changeable copy sign (nonelectric)
A
A
N
N
A
A
A
N
N
Roofline
Projecting
A
A
A
A
A
A
A
N
N
Roofline
Pushpin
A
A
A
A
A
A
A
A
A
Roofline
Reverse channel letter
A
A
A
A
A
A
A
A
A
Roofline
Vinyl
A
N
N
N
A
A
A
A
A
Roofline
Window
A
A
A
A
A
A
A
A
A
Roofline
Freestanding:
 
Monument
A
A
A
A
A
A
A
A
A
See next row
Max. height (feet)
6'
4'
4'
4'
12'
12'
16'
6'
12'
 
Pole
N
N
N
N
N
N
N
N
N
-
Pylon
N
N
N
N
N
A
A
N
A
Height of tallest building on site or 40', whichever is less
With marquee/changeable copy sign (nonelectric)
N
N
N
N
A
A
A
N
N
Height of monument or pylon sign
 
Note:
   1.   An "A" means the sign type is allowed; an "N" means the sign type is not allowed.
(Ord. 2015-08, 1-5-2016)
   C.   Menu/Order Board Signs For Drive-In And Drive-Through Uses: Each drive-in or drive-through use is permitted a maximum of sixty (60) square feet of menu/order board signage. The sign(s) shall not count as a sign for purposes of table 9-5F-5-B1, “Signage Standards For Permanent On Site Signs By Zoning District”, of this section, either in terms of number or cumulative area. The maximum height for a menu/order board sign shall be six feet (6').
   D.   Highway Oriented Signs: Properties in the mixed use, neighborhood commercial, regional commercial, professional office, and industrial zoning districts and within five hundred feet (500') of the centerline of State Highways 41 or 198 may, upon issuance of a highway oriented sign permit, establish a highway oriented sign consistent with the following provisions, in addition to other provisions of this article:
      1.   Permit Requirements: All highway oriented signs require the approval of a highway oriented sign permit prior to issuance of a building permit. The procedures for application, review, and decision of a highway oriented sign permit are as provided in section 9-2B-18, “Highway Oriented Sign Permit”, of this title.
      2.   Number: One highway oriented sign shall be permitted per either:
         a.   Integrated developments, as defined in this title, consisting of three (3) or more tenants; or
         b.   Sites with a single tenant.
      3.   Height: The maximum height of highway oriented signs shall be as follows:
         a.   For single-tenant signs, a maximum of sixty feet (60');
         b.   For multi-tenant signs, a maximum of eighty feet (80');
      4.   Location:
         a.   Spacing Between Signs: No highway oriented sign shall be located closer than eight hundred feet (800') from any other highway oriented sign. A lesser spacing distance may be allowed through approval of the highway oriented sign permit, provided the designated approving authority makes the following findings:
         (1)   The reduced distance between highway oriented signs will not cause a safety impact or create sign clutter contrary to a small town atmosphere.
         b.   Setbacks: All portions of signs must be set back a minimum of ten feet (10') from the highway right-of-way or other distance as determined by Caltrans. All highway oriented signs must be distanced from any residential district by a minimum of two hundred feet (200').
         c.   Visibility: Highway oriented signs shall not be located to inhibit pedestrian or vehicular visibility and more specifically shall not be located within the “clear visibility area” as defined in this title. Illuminated signs shall be directed away from any residentially designed land.
         d.   Additional Restrictions: See title 7, chapter 4, “Advertising Displays Adjacent To Freeways”, of the Municipal Code for additional citing restrictions along landscaped freeways.
      5.   Area: Highway oriented signs shall comply with the following limitations on sign area:
         a.   In neighborhood commercial and regional commercial zoning districts: The maximum allowed sign area for single tenant highway oriented signs shall be three hundred (300) square feet per side. For multi-tenant signs, the total maximum sign area shall be twelve hundred (1,200) square feet per side with each tenant space limited to three hundred (300) square feet. The maximum tenant space may exceed 300 square feet for the main tenant if the sum of all square footage does not exceed 300 square feet per tenant sign. Ancillary components of the sign, such as shopping center identification, shall not exceed twenty five percent (25%) of the total sign area and shall be excluded from the calculation of the total maximum sign area.
         b.   In mixed use, professional office, and industrial zoning districts: The maximum allowed sign area for single tenant highway oriented signs shall be one hundred (100) square feet per side. For multi-tenant signs, the total maximum sign area shall be six hundred (600) square feet per side with each tenant space limited to one hundred (100) square feet.
         c.   Cumulative Sign Area: The area of a highway oriented sign shall not be counted toward the cumulative maximum sign area of the underlying property.
         d.   Accommodation for 19th Avenue Off-ramp: Due to the length of the 19th Avenue off-ramp, the maximum allowed sign area for properties within 1,000 feet of the crossing of 19th Avenue over Highway 198 may increase their maximum allowed sign areas by thirty percent (30%).
      6.   Architecture: Highway oriented signs shall be designed as pylon signs or pole signs. Pole signs shall include either a structural or architectural base from which the pole extends. The base shall be a minimum 50% wider than the diameter of the pole and a minimum twelve feet (12') high as measured from the ground unless an alternate design is approved by the Director. Highway oriented signs shall be composed of materials and design that are aligned with the purpose of this chapter and the community design element of the general plan. Examples of exterior sign materials include, but are not limited to, stucco, brick, wood panels, marble, aluminum, and roof structures. The community development director may modify or waive these architectural design standards upon finding that the proposed sign provides an alternative architectural design that is aesthetically equivalent to or greater than these standards.
      7.   Illumination: All highway oriented signs must be internally lit. Signs shall not have blinking, flashing, or fluttering lights or other illuminating devices that have a changing light, brightness, or color. Changeable copy LED lights are allowed to be incorporated into the structure so long as they change no more than every seven (7) seconds and shall adjust intensity between day and night so as to not be a safety hazard. Sign lighting shall meet the sign lighting standards found in the latest version of the California Energy Commission’s Nonresidential Compliance Manual.
   E.   Murals:
      1.   The City encourages murals as a way to add visual interest to a building or area. As such, murals of a noncommercial nature shall be excluded from the allowed sign area for a property.
      2.   Murals are allowed on facades of buildings other than the side with the main entrance. The mural may encompass the entire surface area of the wall but shall not project onto the roof.
      3.   No person shall paint a mural on the exterior of any structure or change any existing mural on the exterior of any structure prior to the issuance of a mural permit issued by the City Council. An application for a mural permit shall be submitted on the form prescribed by the Community Development Director. (Ord. 2013-05, 2-6-2014; amd. Ord. 2018-03, 5-15-2018; Ord. 2024-01, 6-18-2024)

9-5F-6: STANDARDS FOR TEMPORARY ON SITE SIGNS:

This section describes standards for temporary on site signs. Temporary signs may include, but are not limited to, commercial signs for grand openings or for special product, sale, or event advertising. All temporary signs must comply with the standards listed in table 9-5F-6-D1, "Temporary On Site Sign Allowances And Design Standards", of this section and are subject to the following:
   A.   Time Duration:
      1.   Generally: Display periods for temporary on site signs shall be limited to a maximum of thirty (30) days, provided that the same type of temporary sign was not located on the site for a minimum of thirty (30) days prior to display and the same type of temporary sign will not be displayed for a minimum of thirty (30) days after unless described otherwise in this section.
      2.   Subdivision Signs: All temporary signs for subdivisions shall be removed within ten (10) days after all lots in the subdivision are sold. Subdivision signs at new or substantially renovated apartments shall be removed six (6) months from opening.
      3.   A-Frame Signs: A-frame signs shall be removed each night at close of business.
   B.   Illumination: Temporary signs shall not be illuminated.
   C.   Message: Temporary signs displaying a commercial message shall be limited to on site signage only.
      TABLE 9-5F-6-D1
      TEMPORARY ON SITE SIGN ALLOWANCES AND DESIGN STANDARDS
Sign Type
Standards
Maximum Temporary Number Permitted
Maximum Area
Maximum Height
Minimum Setback From ROW
Sign Type
Standards
Maximum Temporary Number Permitted
Maximum Area
Maximum Height
Minimum Setback From ROW
On site subdivision signs or new/substantially renovated apartment complexes:
Banner
3
30 sf each
Roofline
10'
Entrance signs
1 per subdivision entrance or 1 per 50 lots, whichever is greater, maximum 5
80 sf each
15'
10'
Model home sign
1 per model home
15 sf
5'
5'
Flags
5 per street frontage, maximum 15 per subdivision
20 sf
25'
10'
Commercial uses:
Banner
1 sign per establishment per street frontage
1 sf/1 lf of frontage to a maximum of 100 sf
Roofline
15' behind face of curb, outside of right of way
Vertical banner
1 sf/1 lf of frontage to a maximum of 20 sf
10'
Stick sign
No more than 1 type per street frontage
5 sf
5'
A-frame
10 sf
5'
 
(Ord. 2013-05, 2-6-2014)

9-5F-7: STANDARDS FOR OFF SITE SIGNS:

   A.   General Prohibition: Except as outlined below, all new off site commercial signage is prohibited within the city. Existing off site commercial signs (e.g., billboards) that are not electronic are considered nonconforming signs as regulated by subsection 9-5F-2E, “Nonconforming Signs”, of this article. A limited number of electronic billboards (billboards with electronically changeable copy) within the city limits may be permitted as regulated by Section 9-5F-9 “Electronic Billboards”, of this article. Additionally, consistent with state law, the city does permit off site subdivision directional signs (subdivision kiosk signs) as provided in this section.
   B.   Subdivision Kiosk Sign: The purpose of subdivision kiosk signs is to direct the traffic related to new residential subdivisions in a manner that minimizes visual clutter, reduces unnecessary traffic through established neighborhoods, and provides an orderly, attractive, high quality image of the city. When originally placed, kiosk signs will require a sign permit as required by this title and their locations approved within or outside of the city's right of way.
      1.   Kiosks shall include removable sign panels with no more than one panel per residential subdivision.
      2.   Kiosks shall not exceed sixty (60) square feet in sign area, twelve feet (12') in height, and five feet (5') in width with signage at least thirty six inches (36") off the ground. Proposed kiosks exceeding these dimensions require approval through the conditional use permit process.
      3.   No directional kiosk may be located within one thousand five hundred feet (1,500') of another directional kiosk except in the case of signs on different corners of an intersection, unless an unusual situation causes the need for a deviation as determined by the city.
      4.   All directional kiosk signs placed on private property shall have the written consent of the property owner. All directional kiosk signs placed on city right of way/lighting landscape maintenance district area/public facility maintenance district area shall obtain an encroachment permit.
      5.   The review of a proposed directional kiosk will include size, height, design, materials, and colors.
      6.   The directional kiosk sign may only be located in a manner that does not obstruct the view of traffic or safety signs, encroach within the clear visibility area, or otherwise pose a traffic or safety hazard.
      7.   There shall be no additions, tag signs, streamers, balloons, flags, devices, display boards, or appurtenances added to the subdivision kiosk signs as originally approved.
      8.   The city may deny an application for a directional kiosk or revoke an existing permit where an applicant, permittee, or developer with a panel on a kiosk fails to comply with these provisions.
      9.   Panels on directional kiosk signs may not be displayed after a subdivision developer has completed the sale of all units in the development. Each developer shall be responsible for their removal. (Ord. 2013-05, 2-6-2014)
   C.   Temporary Off Site Signs Advertising A Nonprofit Event: Up to a maximum of five (5) temporary off site signs that advertise a nonprofit event to be held at a specific time, date, and place may be displayed up to twenty one (21) days prior to the date of the event. The sign face shall be no greater than thirty two (32) square feet, and the maximum height of the sign shall be six feet (6'). The sign's material and composition shall have a professionally made appearance, and shall be either a wooden sign with two (2) posts or attached to a wall, or a vinyl or vinyl like banner attached to a wall or fence. Signs shall be placed at least five feet (5') behind the public right of way, and shall not be placed without the property owner's permission. Signs shall be removed within three (3) days of the end of the event.
(Ord. 2015-08, 1-5-2016; amd. Ord. 2025-02, 4-1-2025)

9-5F-8: STANDARDS FOR SIGNS ON CITY PROPERTY AND WITHIN PUBLIC RIGHTS OF WAY:

   A.   Purpose And Intent: The purpose of this section is to provide the process and standards for establishing signage on city property and public rights of way. In adopting this section, the city council acts in its proprietary capacity as to "city property", as defined in this title, within the city. This section is adopted pursuant to the city's general powers, property rights, Government Code sections 65850(b), 38774, and 38775, Business And Professions Code section 5200 et seq., and Penal Code section 556 et seq.
   B.   Intent As To Public Forum: The city declares its intent that not all city property and public rights of way shall function as a designated public forum, unless some specific portion of city property or public rights of way is designated herein as a public forum of one particular type. In such case, the declaration as to public forum type shall apply strictly and only to the specified area and for the specified time period.
   C.   General Prohibition: Unless specifically authorized by this chapter, no signs may be displayed on city property or within public rights of way by private parties. Any sign posted on city property or within public rights of way in violation of this section may be summarily removed by the city as a trespass and a public nuisance.
   D.   Governmental Signs: Unless specifically authorized by this chapter, only the city, or other local or state governmental agencies, may display signs on city property or within public rights of way.
   E.   Temporary Signs Displaying Noncommercial Message: In areas qualifying as traditional public forums, private persons may display noncommercial message signs thereon, provided that such signs conform to all of the following:
      1.   The signs must be personally held by a person or personally attended by one or more persons. "Personally attended" means that a person is physically present within five feet (5') of the sign at all times.
      2.   The maximum aggregate size of all signs held or personally attended by a single person is six (6) square feet. For purposes of this rule, apparel and other aspects of personal appearance do not count toward the maximum aggregate sign area. (Ord. 2016-04, 4-19-2016)
      3.   The maximum size of any one sign which is held or personally attended by two (2) or more persons is fifty (50) square feet, measured on one side only.
      4.   The sign must have no more than two (2) display faces and may not be inflatable or air activated.
      5.   In order to serve the city's interests in traffic flow and safety, persons displaying signs under this section may not stand in any vehicular traffic lane when a roadway is open for use by vehicles, and persons displaying signs on public sidewalks must give at least five feet (5') width clearance for pedestrians to pass by. Persons holding signs may not obstruct the "clear visibility area", as defined in this title.
      6.   The message substitution policy of this chapter applies only to traditional public forum areas. (Ord. 2013-05, 2-6-2014)
   F.   Street Banner/Sign Program:
      1.   The street banner/sign program is limited to signs, banners, or other displays placed by the city over or on city streets, relating to any civic or public events or activities.
      2.   For purposes of this section, "civic event or activity" shall mean the following: Any event or activity organized or sponsored by the city, including, but not limited to:
         a.   Any public program or educational activity; and
         b.   The commemoration or celebration of any historical date, event or person, holiday, or persons or events of local, state, or national significance.
      3.   For purposes of this section, "sponsored by" shall mean the city is:
         a.   Participating in an official capacity in the planning, preparation or promotion of the event or activity; or
         b.   Contributing twenty five percent (25%) of the total estimated costs of the civic event or activity, or at least one thousand dollars ($1,000.00), whichever is less. This contribution may take the form of funds, labor, staff time, materials, fee subsidies, or any combination of the foregoing.
      4.   Street banners shall be allowed to be displayed up to thirty (30) days prior to the event and shall be removed within nine (9) days after the event has ended.
      5.   Street signs shall be located so as not to obscure vision or create other public safety hazards as determined by the public works director.
(Ord. 2016-04, 4-19-2016)

9-5F-9: ELECTRONIC BILLBOARDS:

   A.   Intent and Purpose. It is the intent of this section to allow a limited number of electronic billboards (billboards with electronically changeable copy) within the city limits through the Conditional Use Permit process and subject to design standards.
   B.   General Provisions.
      1.   No billboard shall be constructed, relocated, or upgraded within the city without a Conditional Use Permit (CUP) unless otherwise allowed by this Chapter. Each application shall be considered separately and individually. Multiple billboards shall not be combined into a single application. Multiple faces on a single billboard shall be submitted as a single application. CUP requests will be heard in the order that complete applications are received.
      2.   The City may permit a total of up to four (4) electronic billboards within city limits through the CUP process. No new billboards that are not electronic shall be permitted. Any existing legal nonconforming billboard in place at the time of the approval of this section may not be converted to an electronic billboard.
      3.   All CUPs approved for electronic billboards shall require that the placement, design, and operations standards in this section be met. The Planning Commission or City Council may add additional conditions based on specific circumstances.
   C.   Placement.
      1.   Electronic billboards shall only be permitted within 200 feet of Highway 198 or Highway 41 and only in the Regional Commercial (RC), Light Industrial (ML), or Parks and Recreation/Ponding Basin (PR) zone districts.
      2.   No electronic billboard shall be placed within 1,000 feet of another electronic billboard on the same side of the highway. No electronic billboard shall be placed within 300 feet of a highway-oriented sign on the same side of the highway.
   D.   Design.
      1.   The total height of an electronic billboard shall not exceed 60 feet to the top of the billboard. The bottom of the billboard face shall be no lower than 30 feet. These standards may be adjusted in the CUP process where the billboard is adjacent to an elevated highway.
      2.   The electronic billboard sign support shall be a single pole with façade-like embellishments wrapped around the pole. The materials used in the sign support embellishments shall be primarily natural stone, brick, approved masonry panels, stucco, or architectural metal.
      3.   Electronic billboards must have clearance or necessary approvals in writing from Caltrans Outdoor Advertising prior to issuance of the building permit.
      4.   No portion of the electronic copy on the sign face shall change more frequently than once every six seconds.
      5.   The electronic sign shall not emit any audible sound, buzz, or noise. The electronic copy shall be limited to no more than thirty lumens output, measured at 10 feet from the sign face.
   E.   Findings for Approval. The following findings shall be made by the approving authority before a Conditional Use Permit is approved:
      1.   The proposed sign is consistent with the general plan and all applicable provisions of this title; and
      2.   The establishment, maintenance, or operation of the electronic billboard will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such use, or the general welfare of the city; and
      3.   The proposed electronic billboard would not create a traffic or safety problem, including problems associated with on-site access circulation or visibility; and
      4.   The proposed electronic billboard shall not constitute a hazard to the safe and efficient operation of vehicles upon a highway; and
      5.   The electronic billboard will not cause light and glare to intrude upon residential uses, including those in mixed-use districts or developments.
   F.   Operation.
      1.   All electronic billboards shall be maintained in a safe, presentable, and good structural condition at all times, including the replacement of defective parts, painting, repainting, cleaning, ensuring the sign facing is not dilapidated or faded, and other acts required for the maintenance of such billboard.
      2.   The operator of an electronic billboard sign shall provide to the City of Lemoore Community Development Department 24-hour contact information for a person who has the authority and ability to turn off the electronic sign promptly after a malfunction occurs. Any sign not properly functioning needs to be repaired to the City’s satisfaction within 30 days of written notice or be potentially subject to CUP revocation.
      3.   The operator of an electronic billboard shall coordinate with the local authorities to display, when appropriate, emergency information important to the traveling public, including, but not limited to, Amber Alerts and other alerts of emergency situations. Emergency information messages shall remain in the advertising rotation according to the protocols of the agency that issues the information.
      4.   The Planning Commission or City Council may require that the City be provided with message time to advertise events or provide civic information on the electronic billboard with no or a reduced fee.
(Ord. 2025-02, 4-1-2025)

9-5G-1: PURPOSE:

The purpose of this article is to provide incentives for the production of housing for very low income, lower income, moderate income, special needs, and senior households in the city of Lemoore and to establish procedures for carrying out the legislative requirements and complying with California Government Code section 65915 et seq. In enacting this article, it is the intent of the city to facilitate the development of affordable housing by positively impacting the economic feasibility of providing lower income housing and implementing the goals, objectives, and policies of the city's housing element. (Ord. 2013-05, 2-6-2014)

9-5G-2: ELIGIBILITY FOR DENSITY BONUS AND INCENTIVES AND CONCESSIONS:

   A.   The city shall grant one density bonus, with concessions or incentives, as specified in section 9-5G-4, "Number And Types Of Density Bonuses And Incentives And Concessions Allowed", of this article, when the applicant for the residential development seeks and agrees to construct a residential development, excluding any units permitted by the density bonus awarded pursuant to this article, that will contain at least one of the following. The units qualifying a development for a density bonus shall be referred to as "target units". The applicant shall specify which of the following is the basis for the density bonus:
      1.   Ten percent (10%) of the total units of a housing development for lower income households;
      2.   Five percent (5%) of the total units of a housing development for very low income households;
      3.   A senior citizen housing development or age restricted mobilehome park; or
      4.   Ten percent (10%) of the total dwelling units in a common interest development as defined in California Civil Code section 4000 et seq., for persons and families of moderate income, provided that all units in the development are offered to the public for purchase. (Ord. 2013-05, 2-6-2014)

9-5G-3: GENERAL PROVISIONS FOR DENSITY BONUS AND INCENTIVES AND CONCESSIONS:

The following general requirements apply to the application and determination of all incentives and bonuses:
   A.   Rounding: All density calculations resulting in fractional units shall be rounded up to the next whole number; except that the percentage of total units proposed to qualify the development for a density bonus shall not be rounded up. For example, for a two hundred (200) unit project that proposes twenty one (21) lower income units (or 10.5 percent), the allowed density bonus would be based on ten percent (10%) lower income units, not eleven percent (11%).
   B.   Relation To General Plan, Zoning: The granting of a density bonus, or a concession or incentive, shall not be interpreted, in and of itself, to require a general plan amendment, zoning change (rezone), or other discretionary approval.
   C.   Density Bonus Excluded In Calculation: The density bonus shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus.
   D.   Parking: Upon request by the applicant, the city shall not require that a housing development meeting the requirements of section 9-5G-2, "Eligibility For Density Bonus And Incentives And Concessions", of this article provide a vehicular parking ratio, inclusive of handicapped and guest parking that exceeds the following:
      1.   Zero (studio) to one bedroom: One on site parking space per unit.
      2.   Two (2) to three (3) bedrooms: Two (2) on site parking spaces per unit.
      3.   Four (4) or more bedrooms: Two and one-half (2.5) parking spaces per unit.
If the total of parking spaces required for a housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subsection, a development may provide "on site parking" through tandem parking or uncovered parking, but not through on street parking.
   E.   Waived Or Reduced Development Standards: The city shall not apply any development standard that would have the effect of physically precluding the construction of a housing development meeting the requirements of section 9-5G-2, "Eligibility For Density Bonus And Incentives And Concessions", of this article at the densities or with the incentives or concessions permitted by this article. A proposed waiver or reduction of development standards shall neither reduce nor increase the number of allowable incentives or concessions under section 9-5G-4, "Number And Types Of Density Bonuses And Incentives And Concessions Allowed", of this article.
An applicant may submit to the city a proposal for the waiver or reduction of development standards, when standards would have the effect of physically precluding the proposed development, and may request a meeting with the city. Nothing in this subsection, however, shall be interpreted to require the city to waive or reduce development standards if:
      1.   The waiver or reduction would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of section 65589.5 of the California Government Code, upon health and safety or the physical environment and for which the city determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;
      2.   This would have an adverse impact on any real property that is listed in the California register of historical resources; or
      3.   The waiver or reduction would be contrary to state or federal law.
   F.   Multiple Zoning Districts: If the site of a development proposal is located in two (2) or more zoning districts, the number of dwelling units permitted in the development is the sum of the dwelling units permitted in each of the zoning districts based on the site acreage within each zoning district. The permitted number of dwelling units may be distributed within the development without regard to the zone boundaries.
   G.   City Authority: Nothing in this article shall be construed to enlarge or diminish the authority of the city to require a developer to donate land as a condition of development.
   H.   Agreement Required:
      1.   Prior to the award of a density bonus and any related incentives or concessions, the applicant shall enter into an agreement with the city to ensure the continued affordability of all target units.
      2.   For all target units, the agreement shall specify the household income classification, number, location, size, and construction scheduling and shall require target units in a project and phases of a project to be constructed concurrently with the construction of nontarget units. The agreement shall include such other provisions as necessary to establish compliance with the requirements of this article.
   I.   Reports: The applicant shall submit financial or other reports along with the application for the project to establish compliance with this article. The city may retain a consultant to review any financial report (pro forma). The cost of the consultant shall be borne by the applicant, except that if the applicant is a nonprofit organization, the cost of the consultant may be paid by the city upon prior approval of the city council. (Ord. 2013-05, 2-6-2014)

9-5G-4: NUMBER AND TYPES OF DENSITY BONUSES AND INCENTIVES AND CONCESSIONS ALLOWED:

   A.   Density Bonus: A housing development that satisfies the eligibility requirements in section 9-5G-2, "Eligibility For Density Bonus And Incentives And Concessions", of this article shall be entitled to the following density bonus:
      1.   For developments providing ten percent (10%) lower income target units, the city shall provide a twenty percent (20%) increase above the otherwise maximum allowable residential density as of the date of application, plus a one and a half percent (1.5%) supplemental increase over that base for every one percent (1%) increase in low income target units above ten percent (10%). The maximum density bonus allowed including supplemental increases is thirty five percent (35%).
      2.   For developments providing five percent (5%) very low income target units, the city shall provide a twenty percent (20%) increase above the otherwise maximum allowable residential density as of the date of application, plus a two and a half percent (2.5%) supplemental increase over that base for every one percent (1%) increase in very low income target units above five percent (5%). The maximum density bonus allowed including supplemental increases is thirty five percent (35%).
      3.   For senior citizen housing developments, a flat twenty percent (20%) of the number of senior units.
      4.   For common interest developments providing ten percent (10%) moderate income target units, the city shall provide a five percent (5%) increase above the otherwise maximum allowable residential density as of the date of application, 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 Incentives Or Concessions: In addition to the density bonus described in this section, an applicant may request specific incentives or concessions. The applicant shall receive the following number of incentives or concessions:
      1.   One incentive or concession for projects 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 and families of moderate income in a common interest development.
      2.   Two (2) incentives or concessions for projects 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 and families of moderate income in a common interest development.
      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 and families of moderate income in a common interest development.
      4.   The city shall grant the concession or incentive requested by the applicant unless it makes a written finding of any of the following:
         a.   The concession or incentive is not required in order to provide for affordable housing costs, as defined in section 50052.5 of the Health And Safety Code, or for rents for the targeted units to be set as specified in subdivision (c).
         b.   The concession or incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of section 65589.5 of the California Government Code, upon public health and 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 without rendering the development unaffordable to low and moderate income households.
         c.   The concession or incentive would be contrary to state or federal law.
   C.   Available Incentives And Concessions:
      1.   A reduction in the site development standards or a modification of the requirements of this title that exceed the minimum building standards approved by the California building standards commission as provided in part 2.5 (commencing with section 18901) of division 13 of the Health And Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicle parking spaces that would otherwise be required and that results in identifiable, financially sufficient, and actual cost reductions.
      2.   Approval of mixed use zoning in conjunction with the housing development if the nonresidential land uses will reduce the cost of the housing development and the nonresidential land uses are compatible with the housing development and existing or planned development in the area in which the housing development will be located.
      3.   Other regulatory incentives or concessions proposed by the applicant or the city that result in identifiable, financially sufficient, and actual cost reductions.
      4.   Priority processing of a housing development that qualifies for a density bonus based on income restricted units.
   D.   Additional Density Bonus And Incentives And Concessions For Donation Of Land To The City:
      1.   When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the city and agrees to include a minimum of ten percent (10%) of the total units before the density bonus for very low income households, the applicant shall be entitled to a fifteen percent (15%) increase above the otherwise maximum allowable residential density, plus a one percent (1%) supplemental increase for each additional percentage of very low income units to a maximum density bonus of thirty five percent (35%) for the entire development.
      2.   The density bonus provided in this subsection shall be in addition to any other density bonus provided by this article up to a maximum combined density bonus of thirty five percent (35%).
      3.   The applicant shall be eligible for the increased density bonus described in this subsection if all of the following conditions are met:
         a.   The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application;
         b.   The developable acreage and zoning designation of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than ten percent (10%) of the number of residential units of the proposed development;
         c.   The transferred land is at least one acre in size or of sufficient size to permit development of at least forty (40) units, has the appropriate general plan designation, is appropriately zoned with appropriate development standards for development at the density described in paragraph (3) of subdivision (c) of section 65583.2 of the Government Code, and is or will be served by adequate public facilities and infrastructure;
         d.   The transferred land shall have all of the entitlements and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or residential development application, except that the city may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of section 65583.2 of Government Code if the design is not reviewed by the city prior to the time of transfer;
         e.   The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with the requirements of this article which shall be recorded on the property at the time of the transfer;
         f.   The land is transferred to the city or to a housing developer approved by the city;
         g.   The transferred land shall be within the boundary of the proposed development or, if the city agrees, within one-fourth (1/4) mile of the boundary of the proposed development; and
         h.   A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.
      4.   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.
   E.   Additional Density Bonus Or Incentives And Concessions For Development Of Childcare Facility:
      1.   Housing developments meeting the requirements of section 9-5G-2, "Eligibility For Density Bonus And Incentives And Concessions", of this article 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 footage of residential space that is equal to or greater than the amount of square footage 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 city shall require the following as conditions of approving the housing development:
         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, pursuant to subdivision (c) of section 65915 of the Government Code; and
         b.   Of the children who attend the childcare facility, the children of very low income households, lower 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 9-5G-2, "Eligibility For Density Bonus And Incentives And Concessions", of this article.
      3.   Notwithstanding any other requirements of this section, 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.
   F.   Condominium Conversion Incentives For Low Income Housing Development:
      1.   An applicant for approval to convert apartments to a condominium project may submit to the city a preliminary proposal pursuant to this subsection prior to the submittal of any formal requests for subdivision map approvals. The city shall, within ninety (90) days of receipt of a written proposal, notify the applicant in writing of the manner in which it will comply with this subsection.
         a.   When an applicant for approval to convert apartments to a condominium project agrees to the following, the city shall grant either a density bonus of twenty five percent (25%) over the number of apartments, to be provided within the existing structure or structures proposed for conversion, or provide other incentives of equivalent financial value;
         b.   Provide at least thirty three percent (33%) of the total units of the proposed condominium project to persons and families of low or moderate income, or provide at least fifteen percent (15%) of the total units of the proposed condominium project to lower income households; and
         c.   Agree to pay for the reasonably necessary administrative costs incurred by the city.
      2.   For purposes of this subsection, "other incentives of equivalent financial value" shall not be construed to require the city to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the city might otherwise apply as conditions of conversion approval.
      3.   Nothing in this subsection shall be construed to require the city to approve a proposal to convert apartments to condominiums.
      4.   An applicant shall be ineligible for a density bonus or other incentives under this subsection if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentive was previously provided. (Ord. 2013-05, 2-6-2014)

9-5G-5: LOCATION OF DENSITY BONUS UNITS:

The location of density bonus units within the housing development may be at the discretion of the developer. However, the target units shall be dispersed throughout the housing development and when feasible shall contain, on average, the same number of bedrooms as the nontarget units in the development, and shall be compatible with the design or use of the remaining units in terms of appearance, materials, and quality finish. (Ord. 2013-05, 2-6-2014)

9-5G-6: CONTINUED AVAILABILITY:

   A.   Minimum Thirty Years: If a housing development provides low or very low income target units to qualify for a density bonus, the target units must remain restricted to lower or very low income households for a minimum of thirty (30) years from the date of issuance of the certificate of occupancy by the building official, or longer if required by the project financing.
   B.   Common Interest Housing: In the case of a common interest housing development providing moderate income target units to qualify for a density bonus, the initial occupant of the target unit must be a person or family of moderate income. 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, and the city shall recapture any initial subsidy and its proportionate share of appreciation which shall then be used within three (3) years for any of the purposes described in subdivision (e) of section 33334.2 of the California Health And Safety Code that promote homeownership. 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 the 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. The city's "proportionate share" shall be equal to the percentage by which the initial sale price to the moderate income household was less than the fair market value of the home at the time of the initial sale.
   C.   Direct Financial Contributions: Where there is a direct financial contribution to a housing development pursuant to Government Code section 65915, the city shall assure continued availability for low and moderate income units for thirty (30) years. (Ord. 2013-05, 2-6-2014)

9-5G-7: PROCESS FOR APPROVAL OR DENIAL:

   A.   Process For Approval: The density bonus and incentive(s) and concession(s) request shall be considered in conjunction with any necessary development entitlements for the project. The designated approving authority for density bonuses, incentives, and concessions shall be the city council. In approving the density bonus and any related incentives or concessions, the city and applicant shall enter into a density bonus agreement.
   B.   Approval Of Density Bonus Required: The city shall grant the density bonus requested by the applicant provided it is consistent with the requirements of this article and state law.
   C.   Approval Of Incentives Or Concessions Required Unless Findings Made: The city shall grant the incentive(s) and concession(s) requested by the applicant unless the city makes a written finding, based upon substantial evidence, of any of the following:
      1.   The incentive or concession is not required in order to provide for affordable housing costs or affordable rent for the target units.
      2.   The incentive or concession would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of section 65589.5 of the California Government Code, upon public health and safety or the physical environment or on any real property that is listed in the California register of historical resources and for which the city determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households.
      3.   The concession or incentive would be contrary to state or federal law.
   D.   Administrative Fee: The city shall charge applicants an administrative fee to cover the city's cost to review all materials submitted in accordance with this article and for ongoing enforcement of this article. The amount of the administrative fee shall be established by city council resolution and updated as required. Fees will be charged for staff time and materials associated with:
      1.   Review and approval of applications for the proposed development;
      2.   Project marketing and lease-up; and
      3.   Long term compliance of the applicant and successors in interest to the applicant, with respect to the affordable housing units. (Ord. 2013-05, 2-6-2014)