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Lompoc City Zoning Code

Division III

General Property Development Standards for All Zones

§ 17.304.010 Applicability.

A. 
This Chapter expands upon the zoning development standards of Division 2 (Allowed Uses and Development Standards for All Zones) by addressing particular aspects of development; including, but not limited to, site planning, project design, and the operation of land uses.
B. 
The standards of this Chapter apply to property regardless of zone designation or use, unless otherwise noted, and are intended to ensure that proposed development is compatible with existing and future development on neighboring properties.
(Ord. 1670(19) § 11)

§ 17.304.020 Accessory Structures.

A. 
Attached Accessory Structures.
1. 
Attached accessory structures shall be made structurally a part of and have a common roof with the primary structure, such as the same roof material or similar pitch.
2. 
An accessory structure attached to the primary structure shall comply with the development standards of the applicable zone.
3. 
Accessory structures shall be attached to the primary structure that it is designed to serve, and not to any other structure.
B. 
Detached Accessory Structures. The following standards shall apply to detached accessory structures unless otherwise provided in this Code.
1. 
A detached accessory structure shall comply with the development standards of the applicable zone unless other standards are provided in this Section.
2. 
No detached accessory structure shall be located within a required front or street side setback.
3. 
A detached accessory structure shall be located on the rear half of a lot, and a minimum of five feet shall be maintained between a primary structure and a detached accessory structure and between accessory structures on the same lot (see Figure 17.304.020.1 (Accessory Structures)). Carports are not subject to this requirement.
Figure 17.304.020.1: Accessory Structures
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4. 
Non-Residential Zones. In non-residential zones, a detached accessory structure may extend into the interior side and rear setbacks. The design of the accessory structures shall adhere to the Architectural Guidelines.
5. 
Residential Zones. In residential zones, a detached accessory structure may extend into the interior side and rear setbacks provided no portion of the accessory structure exceeds nine feet in height at the property line, increasing progressively to the maximum height of 20 feet at a point five feet from the property line (increasing at a rate of 2.2 feet or 26.4 inches in height per each additional foot of distance from the property line), and the accessory structure complies with California Building Code (see Figure 17.304.020.2).
Figure 17.304.020.2: Detached Accessory Structures in Residential Zones Along Interior and Rear Property Lines
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C. 
Within the rear and side setback, single story detached accessory structures used as tool and storage sheds, playhouses, and similar uses, with a floor area no more than 120 square feet (and no plumbing or electric), that are exempt from Building Permit requirements in accordance with the California Building Code, shall still adhere to this Section.
(Ord. 1670(19) § 11)

§ 17.304.030 Setbacks.

A. 
Measurement of Setbacks. Required setbacks shall be measured horizontally from the nearest point of the front, side, or rear property line of the parcel to the nearest wall of the structure, see Figure 17.304.030.1 (Measurement of Setbacks). For irregular shaped parcel, required setbacks (e.g., front, side, rear setbacks) shall be determined by the review authority.
Figure 17.304.030.1: Measurement of Setbacks
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(Ord. 1670(19) § 11)

§ 17.304.040 Setback Encroachments.

A. 
Purpose and Applicability. This Section provides standards for the allowed encroachment or projection of structures into required setbacks. This allows for specific architectural features or accessory structures to be developed in areas that might otherwise prohibit such features, providing more flexibility to property owners.
B. 
Encroachments into Minimum Required Setbacks. An architectural feature attached to a primary structure may extend beyond the wall of the structure and into a required front, side, or rear setback in compliance with Table 17.304.040.A (Allowed Projections into Setbacks). Table 17.304.040.A applies to all zones unless otherwise specified in the Table.
Table 17.304.040.A: Allowed Projections into Setbacks
Feature or Structure
Maximum Encroachment1
Raised Porches, Landing Places, or Outside Stairways2
Front or Rear Setback
6 ft.
Side Setback
3 ft. from side lot line
R-1 Zone, Side Setback
1 ft.
Proximity to Side Property Line
3 ft.
Accessory Structures ≤ 120 s.f.
See 17.304.020.C
Architectural Features (Eaves, Cornices, Canopies, Fireplaces3)
All Setbacks
2.5 ft.
Notes:
1
If the maximum encroachment exceeds the minimum setback, the projection may extend to the property line.
2
May be covered but cannot be enclosed.
3
Applicable to fireplaces not exceeding 8 ft. in width in side yard setbacks.
(Ord. 1670(19) § 11)

§ 17.304.050 Site Requirements.

A. 
Space Between Buildings. In the case where more than one residential structure is located on a lot, or where the entrance of a residential structure is not directly fronting a street, open space shall be provided and maintained as follows:
1. 
Between primary structures. A minimum of 10 feet of space shall be maintained between every primary structure on the same lot, including, but not limited to, a hotel, multi-family residential building, or single-family dwelling.
2. 
Wildland fire risk areas.
a. 
A minimum of 60 feet of space shall be maintained between buildings in wildland fire risk areas, unless a property includes the following conditions:
(i) 
Properly built access roads;
(ii) 
Availability of an adequate water supply;
(iii) 
The use of materials and construction methods which provide greater fire resistance than standards requirements;
(iv) 
Strict adherence to clearance requirements; and
(v) 
Construction and maintenance of fuel breaks.
b. 
The reductions to the minimum spacing requirements may be cumulative but shall not be less than otherwise specified in Subsection A.
c. 
Compliance with the separation requirements of this Subsection may result in reduced densities on the property.
B. 
Residential Lots.
1. 
In single-family residential zones, when any lot line between legal lots runs through a legal nonconforming dwelling, other than an accessory structure, the parcels may be divided as to create a new parcel of not less than 6,000 square feet.
2. 
The following exception applies within the portion of the City establishing urban blocks 1 through 136 consecutively; blocks 139, 140, 201, 202, 203, 239, 246, 247, 248, 264, and 265; and including, from the same blocks, those blocks or portions of blocks subsequently reverted to acre-age or redivided such that the original 25-foot lots compromising the blocks or portions of the block are no longer described by the latest equalized County assessment roll. The width of any lot may be 50 feet, provided the following:
a. 
The property is located in the R-1 Zone;
b. 
The building site is a minimum of 7,000 square feet; and
c. 
The lot, when created, cannot be further reduced.
C. 
Exceptions for Green Buildings. Exceptions to site development standards may be considered by the review authority as necessary to ensure compliance with Title 15 Building and Construction, Chapter 15.68 (Green Building Standards Code).
D. 
Connectivity. New projects shall provide safe and effective connectivity for pedestrians, bicyclists, and vehicles between the project site and adjacent neighborhoods, parks, and open space areas as determined by the Director and Public Works Director.
(Ord. 1670(19) § 11)

§ 17.304.060 Hillside Development.

A. 
Purpose. This Section provides for the reasonable use of hillside areas while protecting the public health, safety, and welfare by ensuring that development will not induce soil erosion, result in excessive grading, create sewage disposal problems, increase wildfire danger and slope instability, or lead to a loss of aesthetic value.
B. 
Applicability. This Section implements the goals and policies of the General Plan and sets specific standards for all grading and development on slopes of 20% or greater.
C. 
Architectural Design and Site Development Review.
1. 
No development shall occur, no use shall be established, and no building or Grading Permit shall be issued for any development in areas with a slope greater than 20% until approval of Architectural Design and Site Development Review in compliance with Chapter 17.512 (Architectural Design and Site Development Review).
2. 
Prior to Architectural Design and Site Development Review, the review authority shall require geotechnical reports, grading plans, and drainage plans for any development on slopes greater than 20%.
a. 
Hillside drainage plans shall be developed and implemented to reduce the risk of further movement by existing landslides.
b. 
Site-specific slope stability investigations and analyses shall be performed by a Registered Geotechnical Engineer.
D. 
Slope Lot Standards.
1. 
The minimum requirement for lot area width and depth for a residential lot shall comply with Table 17.304.060.A (Slope Lot Standards), unless otherwise provided by this Code.
Table 17.304.060.A: Slope Lot Standards
Slope
Minimum Area
Minimum Average Width1
Minimum Average Depth
Ungraded
10 - 20%
10,000 s.f.
75 ft.
100 ft.
10%
20 - 30%
15,000 s.f.
90 ft.
110 ft.
40%
> 30%
20,000 s.f.
90 ft.
110 ft.
55%
Note:
1
The width at the front property line may be reduced to 2/3 the average width requirement, but not less than 45 feet where the frontage abuts the outside of any sharp curve with a center line radius of less than 100 feet or with any other irregularly shaped parcels.
2. 
All proposed residential lots with a slope greater than 25% shall be considered concurrently or after approval of an Architectural Design and Site Development Review of the same site.
E. 
Calculation of Slope.
1. 
Lot slope is calculated as an average slope of the ground area within the required setback lines for primary structures on a lot.
2. 
Lot slope is based on natural or existing grade.
3. 
The elevations of the points where required setback lines intersect are used to determine the average elevation of each setback line. Specifically, the average elevation of each setback line is calculated by adding the elevations at the line's intersection points and dividing by two. The average lot slope is then calculated by subtracting the average elevation of the most uphill setback line and the average elevation of the most downhill setback line and dividing the sum by the average distance between these two setback lines. See Figure 17.304.060.1 (Lot Slope).
4. 
Where required setback lines do not intersect to form a four-sided polygon, average lot slope shall be calculated by dividing the difference between the elevations of the highest and lowest points within the buildable area by the horizontal distance between those two points.
Figure 17.304.060.1: Lot Slope
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F. 
Hillside Development Standards for Slopes 20% or Greater. Development on slopes 20% or greater shall be avoided to the maximum extent feasible. In the case that there is no alternative building site on the lot, development on steep slopes shall comply with the following:
1. 
General.
a. 
Structures shall be located to avoid slopes of 20% or greater where feasible and the toes of existing landslide surfaces.
b. 
Building techniques, including, but not limited to, stepped foundation and building design compatible with natural terrain, to reduce potential risk and damage from landslide movement shall be applied as feasible.
2. 
Grading. Grading shall respect the natural contour of the existing terrain whenever possible. The following grading standards shall apply to all land subject to this Subsection, in addition to the grading requirements of LMC Chapter 15.72 (Grading).
a. 
Grading shall be limited to building pads and their access drives as required, and extensive grading shall be discouraged.
b. 
No cuts greater than 16 feet in height from top to toe shall be allowed.
c. 
Where grading is necessary, the principles of contour grading shall be employed:
(i) 
Cut slopes shall not exceed two horizontal to one vertical unless determined to be necessary by soils and geological investigations; and
(ii) 
Graded slopes should be rounded and shaped to stimulate the natural terrain.
d. 
Graded slopes should be screened from view under or behind buildings or by landscaping or natural topographic features wherever possible.
e. 
Narrower roadway widths may be approved by the Public Works Director to minimize the amount of grading where adequate safety can still be maintained.
f. 
Graded slopes shall be revegetated with a mixture of grass seed or shrubs as recommended by the USDA Soil Conservation Service or approved by the Public Works Director. Planting may be waived by the Public Works Director for slopes that, due to the rock character of the material, will not support plant growth.
3. 
Drainage. All proposed drainage facilities shall respect the natural terrain, preserve major drainage channels in their natural state, and be designed in such a manner as to minimize soil erosion and to otherwise preserve the public health, safety, and welfare. The following standards shall apply to all lands subject to this Subsection in addition to the requirements of the City of Lompoc Storm Water Management Ordinance and the adopted Post-Construction Hydro-modification Development Guidelines.
a. 
To the maximum extent possible, property containing riparian vegetation or native vegetation should preserve that riparian vegetation and/or native vegetation associated with a natural urban/wildland interface through the use of a 30-foot setback buffer from the outer drip line of that same riparian or native vegetation.
b. 
In the event off-site drainage facilities will be required to handle increased runoff, interim drainage facilities which provide for no increase in peak runoff from a 10-year storm shall be constructed and maintained until such time as the permanent facilities are completed.
c. 
The overall drainage system shall be completed and made operational at the earliest possible time during construction or shall be otherwise provided for in a manner acceptable to the City.
G. 
Preservation of View. The following standards apply to development slopes greater than 20% and within the view corridor of scenic ridgelines as identified in the General Plan Urban Design Element, Scenic Ridgelines and Roads Figure UD-2.
1. 
Structures and roads shall be designed to fit the topography of the site with minimal cutting, grading, or filling for construction. Pitched, rather than flat roofs, which are surfaced with nonreflective materials except for solar energy systems, shall be encouraged.
2. 
Structures shall be located on-site so as to not intrude or project above the ridgeline skyline as seen from designated scenic road corridors.
3. 
Groupings of trees shall be preserved wherever possible consistent with Section 17.304.100 (Tree Protection). Where trees must be removed for building purposes, reforestation with native or naturalized species shall be provided as part of new development in order to maintain forested appearance of the hillside.
4. 
Structures shall be concentrated into clusters to preserve larger areas of open space.
5. 
The padding and terracing of building sites shall be prohibited, unless it is determined that there is no feasible and reasonable alternative.
(Ord. 1670(19) § 11)

§ 17.304.070 Height Limits and Exceptions.

A. 
Height of Structures. The height of each structure shall not exceed the height limit established for the applicable zone by Division 2 (Allowed Uses and Development Standards for All Zones), except as otherwise provided by this Section.
B. 
Height Measurements. Height shall be measured as the vertical distance from finished grade at all points adjacent to the building exterior to the highest point of the structure directly above (see Figure 17.304.070.1 (Height Measurement)).
Figure 17.304.070.1: Height Measurement
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C. 
Height of Structure Exception. The overall building height shall not exceed the maximum height standard of the zone, except that the following features may exceed height limits subject to Review Authority approval or as otherwise allowed by this Code:
1. 
Roof structures for the housing or screening of elevators, stairways, or mechanical equipment;
2. 
Skylights;
3. 
Chimneys;
4. 
Solar roof panels and appurtenant equipment;
5. 
Public safety communication facilities, such as radio towers and antennas used for emergency service dispatch, that are no taller than necessary to be effective;
6. 
Steeples, towers, and other unoccupied architectural features; and
7. 
Other similar features as approved by the Director.
D. 
Height Limit at Street Corners. Development proposed adjacent to any public or private street, or an alley intersection, shall be designed to provide a traffic safety visibility area (i.e., sight triangle) for pedestrian and traffic safety consistent with Figure 17.304.070.2 (Height Limit at Street Corners).
Figure 17.304.070.2: Height Limit at Street Corners
-Image-9.tif
1. 
Measurement of visibility area. The traffic safety visibility area is a triangle extending five feet from the intersection of two streets and/or alley right-of-way along both streets and connecting the lines across the property.
2. 
Height limit. No structure, sign, or landscaping shall exceed three feet in height within the traffic safety visibility area (i.e., sight triangle), unless approved the City Engineer.
E. 
Height Limit at Driveways. A minimum sight triangle extending five feet shall be maintained at all driveways as shown in Figure 17.304.070.3 (Height Limit at Driveways).
Figure 17.304.070.3: Height Limit at Driveways
-Image-10.tif
1. 
Pedestrian safety. Within a driveway sight triangle, no plant material, tree trunks, signage, walls, fences or any other obstructions shall interfere with the driver's view of pedestrians on a public sidewalk.
2. 
Height limit. Within the driveway sight triangle, signage, walls, fences, etc., shall not exceed three feet in height. Within the driveway sight triangle, plant material shall not exceed three feet in height at maturity; trees shall be trimmed so that branches are at least seven feet above top of curb level.
(Ord. 1670(19) § 11)

§ 17.304.080 Swimming Pools.

A. 
Development Standards for Swimming Pools and Related Mechanical Equipment. Swimming pools and any related mechanical equipment shall be set back a minimum of five feet from side and rear property lines, and shall not be located within a front setback.
B. 
Pool Enclosure.
1. 
Swimming pools shall be completely enclosed by a fence or structure of not less than six feet in height and consistent with screening height limits in Section 17.312.040 (Screening), as practical.
2. 
All gates, doors, etc., shall be self-closing and self-latching.
3. 
The construction, maintenance, or continued existence of a swimming pool without its complete enclosure by a fence or structure, as specific in this Section constitutes a public nuisance consistent with Chapter 17.628 (Property Nuisances).
(Ord. 1670(19) § 11)

§ 17.304.090 Performance Standards.

A. 
Purpose. This Section provides performance standards that are intended to minimize various potential operational impacts of land uses and development and promote compatibility with adjoining areas and land uses.
B. 
Applicability. The provisions of this Section apply to all new and existing land uses, including permanent and temporary uses in all zones, unless an exemption is specifically provided. Existing uses shall not be altered or modified to conflict with these standards.
C. 
Air Emissions. No visible dust, gasses, or smoke shall be emitted, except as allowed by the Santa Barbara County Air Pollution Control District's Rules and Regulation Manual as periodically updated or as necessary for the heating or cooling of structures, and the operation of motor vehicles on the site.
D. 
Dust. Activities that may generate dust emissions (e.g., construction, grading, commercial gardening, and similar operations) shall be conducted to limit the emissions beyond the site boundary to the maximum extent feasible. All grading activity shall comply with Title 15, Chapter 15.72 (Grading).
E. 
Ground Vibration. No use shall be operated in a manner which produces vibration discernible without instruments at any point on the property line of the lot on which the use is located, except for vibrations for temporary construction or demolition activities, and motor vehicle operations.
F. 
Hours of Construction.
1. 
No construction noise shall emanate from any site within the City limits after 6:00 p.m. or before 7:00 a.m. Monday through Friday.
2. 
There shall be no construction noise from any site before 8:00 a.m. nor after 5:00 p.m. on any Saturday.
3. 
No construction shall occur on any site within the City limits on Sunday.
4. 
Property owners working on the property at which they reside are exempt from the standards of this Subsection.
G. 
Lighting. Outdoor lighting shall be designed to minimize light and glare on adjacent properties, in compliance with the following standards. Parking lot lighting is addressed in Subsection 17.308.060.D (Parking Lot Lighting).
1. 
Fixture height.
a. 
Outdoor light fixture shall be limited to 20 feet or the height of the nearest building, whichever is less.
b. 
The review authority may approve a fixture greater than 20 feet if it determines that the additional height will provide lighting that still complies with all other requirements of this Subsection.
2. 
Light and glare.
a. 
Lighting fixtures shall be shielded or recessed to minimize light bleed to adjoining properties, by ensuring that the light source (e.g., bulb) is not visible from off the site and confining glare and reflections within the boundaries of the site to the maximum extent feasible.
b. 
Each light fixture shall be directed downward and away from adjoining properties and public rights-of-way, so that no on-site light fixture directly illuminates an area off the site.
3. 
Temporary lighting. Outdoor lighting for temporary uses may be exempt from this Subsection consistent with Section 17.404.210 (Temporary Uses), Chapter 17.544 (Temporary Use Permit), and subject to Review Authority approval.
H. 
Liquid Waste. No liquid waste shall be discharged into a public or private body of water, sewage system, watercourse, into or onto the ground, except in compliance with applicable regulations of the Lompoc Municipal Code and any applicable regulations of the Central Coast Regional Water Quality Control Board.
I. 
Noise.
1. 
No land use shall generate noise exceeding the maximum levels permitted in Table 17.304.090.A (Interior and Exterior Noise Standards).
Table 17.304.090.A: Interior and Exterior Noise Standards
Category
Land Use Categories
Ldn
Use
Interior1
Exterior2
Residential
Single-Family, Duplex, Multi-Family, Mobile Home
453
604
Commercial & Industrial
Retail, Restaurant
55
65
Motel/Hotel
45
604
Professional, Offices, Movie Theater, Auditorium
45
65
Manufacturing, Utilities, Warehousing, Agriculture
65
75
Community Facility
Hospital, School, Nursing Home, Church, Library, Civic Offices, Parks
45
65
Open Space
Passive Outdoor Recreation
604
Notes:
1
Interior areas exclude bathroom, closets, and corridors.
2
Exterior areas are limited to the following: private yards or patios of residential uses, motel recreation areas; office, theater, or hospital patios or assembly areas; school playgrounds; nursing home, library, or civic office assembly areas; and park picnic areas.
3
If achievement of interior noise standards requires that windows and doors remain closed, air conditioning or mechanical ventilation shall be required.
4
In areas affected by aircraft noise, the standard is 65 Ldn with the stipulation that the noise level exclusive of the aircraft generated noise cannot exceed 60 Ldn.
2. 
Mixed-use.
a. 
There shall be no truck deliveries to commercial uses in mixed-use development after 6:00 p.m. or before 8:00 a.m. Monday through Saturdays. No deliveries shall be allowed on Sundays.
b. 
Common walls between commercial and residential uses in mixed use development shall be noise insulated to provide attenuation of indoor noise levels.
c. 
External noise generating equipment associated with commercial uses (e.g., HVAC units) located in mixed-use developments shall be shielded or enclosed with solid sound barriers.
J. 
Odors. No obnoxious odor or fumes shall be emitted that are perceptible without instruments by a reasonable person at the property line of the site. The review authority may require an Odor Abatement Plan consistent with Conservation and Open Space Element Policy 7.7 for any project that will include odor generating activities.
(Ord. 1670(19) § 11)

§ 17.304.100 Tree Protection.

A. 
Purpose. The provisions of this Section are intended to protect existing trees that contribute to the environment and aesthetic quality of the City and preserve and enhance native species, particularly oak trees, and significant trees to maintain a natural-appearing landscape while still protecting view corridors, walkability, and public health, safety, and welfare.
B. 
Applicability. The provisions of this Section apply wherever a project requires Architectural Design and Site Development Review approval in compliance with Chapter 17.512, and these provisions are supplemental to the provisions of LMC Chapter 12.32 (Trees).
C. 
Significant Tree Survey. Site development plans shall include a survey of trees over six inches in diameter at breast height (DBH), that includes:
1. 
Location, number, and diameter of trees;
2. 
Identification of trees for removal; and
3. 
Reason for removal.
D. 
Tree Protection and Replacement Guidelines. Trees shall be preserved to the extent possible and protected where future development activity poses risk to the health of the tree.
1. 
For every tree over six inches DBH removed, at least one tree shall be planted on-site.
2. 
Groups of trees shall be preserved to the extent possible. Where groupings of trees are removed, replanted trees shall replace the total canopy area, in full, upon reaching expected maturity.
3. 
Replanting trees as part of this Section shall consist of species identified by the Urban Forestry Division.
4. 
The review authority may approve an adjustment to site development standards for the purposes of preserving a tree or group of trees consistent with Chapter 17.528 (Minor Modification).
5. 
On-site replacement requirements for significant trees or groups of significant trees may be modified to ensure compatibility with defensible space or fire safety requirements per the City of Lompoc Fire Department.
(Ord. 1670(19) § 11)

§ 17.304.110 Solid Waste and Recycling Container Enclosures.

A. 
General Standards. Trash and recycling bins shall be provided in sufficient number and shall be placed in convenient locations. Solid waste collection areas must not be used for storage or other purposes.
B. 
Residential Uses of Three Units or Fewer. No enclosure structure shall be required for residential projects of three units or fewer; however, trash and recycling shall be stored in such a manner that containers are screened from public view from the front of the property. Solid waste containers may be placed in public view for purposes of collection in compliance with LMC Title 8 Health and Safety, Section 8.04.170 (Containers—Requirements).
C. 
Multi-Family Uses of Four or More Units and All Commercial Uses. Adequate and accessible enclosures for the storage of trash and recyclable materials shall be provided. Solid waste shall be stored in proper containers in compliance with LMC Title 8 Health and Safety, Chapter 8.04 (Garbage and Refuse). The design, construction, and accessibility of enclosures shall conform to the requirements in this Code and standards of the City's Solid Waste Division.
(Ord. 1670(19) § 11)

§ 17.308.010 Purpose.

The purpose of this Chapter is to reduce street congestion and promote the safety and convenience of the residents of the City by requiring the provision of adequate, well-designed, and incentivized parking in connection with the land uses authorized by this Code. The standards in this Chapter are also intended to reduce the environmental and economic impacts associated with parking, including the reduction of inefficient, dispersed, single-use parking and encouragement of alternative transportation modes such as bicycling.
(Ord. 1670(19) § 11)

§ 17.308.020 Applicability.

The provisions of this Chapter shall apply within all zones, uses, and structures within the City. Nonconforming parking is addressed in Chapter 17.620 (Nonconforming Uses, Structures, and Parcels).
(Ord. 1670(19) § 11)

§ 17.308.030 General Requirements.

A. 
Applicability. The following general provisions shall apply to all off-street parking spaces for all uses and structures.
B. 
General Requirements.
1. 
Except as provided in this Chapter, all required off-street parking spaces shall be located upon the same site as the use for which parking is provided.
2. 
Parking lots with more than four spaces must be designed so that vehicles will not back onto public streets.
3. 
Parking spaces shall not be located within required setback areas except as otherwise allowed in this Code. The review authority may allow parking spaces in side and rear setback areas in multifamily residential zones if necessary based on lot configuration.
C. 
Compact Car Spaces. Up to 10% of provided parking spaces may be compact spaces, with minimum dimensions of seven feet by 17 feet.
D. 
Handicapped Parking.
1. 
The number and size of handicapped spaces shall be provided in compliance with State and Federal laws.
2. 
Parking spaces required for the disabled shall count toward compliance with the number of parking spaces required by this Chapter.
3. 
A site shall not be considered to have nonconforming parking if the number of off-street spaces provided is reduced to less than required by this Chapter solely because the lot is re-striped to comply with handicapped parking requirements.
E. 
Tandem Parking. Tandem parking spaces are allowed subject to approval by the review authority and compliance with the following criteria:
1. 
Tandem parking is limited to not more than two vehicles in depth, provided that both spaces are for the same occupancy; and
2. 
Tandem parking is not allowed in required front setback area.
F. 
Recreational Vehicle, Trailer, and Boat Parking. Recreational vehicles, trailers, or boats shall not be parked on or over any landscaped area or on or over any private or public sidewalk.
G. 
No person shall park or leave unattended any vehicle, as defined by the California Vehicle Code in the front yard setback of a residential property, except on a driveway or paved area that is screened as required in Section 17.312.040 (Screening).
H. 
All access to individual parking spaces on a lot shall be from said lot or from a public alley or easement unless there is a reciprocal easement in place.
(Ord. 1670(19) § 11)

§ 17.308.040 Off-Street Parking Requirements.

A. 
Each land use shall provide the required number of parking spaces identified in Table 17.308.040.A (Parking Requirements).
B. 
Uses Not Listed. Where the parking requirement for a use is not specifically defined, the parking requirements shall be determined by the Director or the applicable Review Authority, and such determination shall be based on the requirement for the most comparable use specified in Table 17.308.040.A (Parking Requirements).
C. 
Rounding of Calculations. If a fractional number results from calculations performed in compliance with this Chapter, one additional parking space shall be required for a fractional unit of 0.50 or above, and no additional space shall be required for a fractional unit of less than 0.50.
D. 
Floor Area. Where Table 17.308.040.A lists a parking requirement based on square footage, the square footage shall include the gross leasable square footage of floor area measured in square feet, including basements, mezzanines, or upper floors, but excluding balconies and common areas such as elevators, stair wells, bathrooms, shared hallways, and lobbies, unless otherwise specified in Table 17.308.040.A. This shall apply to single and multiple occupant/tenant structures.
Table 17.308.040.A: Parking Requirements
Use
Parking Requirements1
Agricultural Uses and Animal Keeping Use Types
Agricultural Storage
Determined by Director
Agricultural Support, Sales and Services
Determined by Director
Animal Keeping and Production
Determined by Director
Community Garden
Determined by Director
Field and Tree Crop Production
Determined by Director
Industrial, Manufacturing, Processing, and Wholesaling Use Types
All Industrial, Manufacturing, Processing and Wholesaling Uses, Unless Otherwise Listed
1 space per 2,000 s.f. of indoor area + 1 space per 2,000 s.f. outdoor area + 1 space per 300 s.f. of accessory office or business area
Construction Storage/Supply Yard
1 space per 7,000 s.f. of yard, up to the first 42,000 s.f.
1 space per 20,000 s.f. of yard, in excess of 42,000 s.f.
Minimum 3 spaces
Mini-Storage Warehousing or Facility
1 space per 300 s.f. of accessory office or business area. An on-site caretaker unit shall provide 2 covered spaces (within a garage or carport).
Winery and Micro-Alcohol Production Sales, Tasting, and Office Production, Storage
1 space per 350 s.f.
1 space per 1,000 s.f. first 5,000 s.f. + 1 space each additional 3,000 s.f.
Recreational, Education, and Assembly Use Types
Business/Trade School
1 space per employee + 1 space per 3 students
Cemeteries, Crematories, or Mausoleums
Determined by Director
Civic/Government
Determined by Director based on similar use(s)
College/University
1 space per employee + 1 space per 3 students, or as otherwise required by the State
Community Assembly
1 space per 5 permanent seats or 1 space per 35 s.f. assembly room(s)
Entertainment, Indoor
1 space per 300 s.f. of floor area
Entertainment, Outdoor
Determined by Director
Library/Museum
1 per 300 s.f. of floor area
Recreation, Indoor
1 space per 300 s.f. of floor area
Recreation, Outdoor
Determined by Director
Recreation, Passive
Determined by Director
Recreational Vehicle (RV) Park
1 space per RV + 1 space per employee
Schools, Public or Private
1 space for each 30 students (K-8); 1 space for each 10 students (9-12)
Studio, Instructional Services
1 space per 250 s.f. of floor area
Residential Use Types
Accessory Dwelling Unit
See 17.404.020
Accessory Dwelling Unit, Junior
See 17.404.020
Caretaker's Unit
1 space per unit
Emergency Shelters
1 space per 10 beds + 1 space for each employee (See 17.404.100)
Family Day Care Home
See 17.404.090
Home Occupations
See 17.404.110
Live/Work
1.5 space per unit
Mobile Home Park
2 spaces per unit + 1 guest space for each 25 units
Multi-Family Residential
1 space for each studio or 1-bedroom unit; 2 spaces per unit for units with 2 or more bedrooms; 50% of total spaces must be covered
Residential Care Homes <7
2 spaces per unit
Residential Care Homes ≥7
1 space per 3 beds licensed in the facility + 1 space per employee on the largest shift
Single-Family Residential
2 covered spaces per dwelling unit2
Single Room Occupancies
1 space for each 2 bedrooms
Supportive Housing
1 space per 2 units
Transitional Housing
1 space per 2 units
Retail Trade Use Types
Alcohol Sales
1 space per 350 s.f.
Bar/Nightclub
1 space per 250 s.f.
Drive-Throughs, Non-Restaurants and Restaurant
5 stacking spaces per drive-through, including service window and menu board areas, plus base use requirement (e.g., office, restaurant, etc.)
General Retail
1 space per 250 s.f. net retail floor area
Outdoor Display
-
Outdoor Dining
1 space per 300 s.f.3
Restaurant
1 space per 200 s.f.
Services Use Types
Bed & Breakfast
1 space for each guest room over 2 rooms and 2 spaces for the on-site manager
Day Care, Commercial
1 space for each 3 children
Dry Cleaning, Processing
1 space per 300 s.f.
Funeral Homes and Mortuaries
1 space per 200 s.f.
General Services
1 space per 250 s.f.
Hospital
1 space per 200 s.f.
Kennel
1 space per employee + 2 spaces
Lodging
1 space per room + 1 space per 10 rooms
Medical Clinics and Laboratories
1 space per 250 s.f. + 1 space per exam room + 0.5 space per employee
Office, General
1 space per 300 s.f.
Public Services
Determined by Director based on similar use(s)
Veterinary Clinics and Hospitals
1 space per 500 s.f. of floor area
Wireless Telecommunications Facilities
Wireless Tower
Determined by Director
Other Wireless Telecommunications Facility
Determined by Director
Transportation Facilities Use Types
Airports
Determined by Director
Passenger Transportation Facilities
Determined by Director
Vehicle Sales and Services Use Types
Automotive Sales and Rental
1 space per 300 s.f.
Automotive Storage
1 space per 400 s.f.
Gas/Service Station
1 per employee
If a convenience store is included, see "General Retail"
If service bays are included, see "Repair"
Large Vehicle and Boat Sales and Rental
1 space per 300 s.f.
Repair
3 spaces for each service bay
Other Use Types
Adult Businesses
Determined by Director based on similar use(s)
Correctional Institution
Determined by Director, or as otherwise required by the State
Temporary Use
Determined by Director based on similar use(s)
Notes:
1
For exceptions in the OTC Zone see Subsection 17.308.040.E (Parking Exceptions for the OTC Zone).
2
Only one parking space is required per dwelling unit for single-family residential dwellings less than or equal to 900 s.f.
3
Parking is not required for an outdoor dining area that is 50% or less of the indoor dining floor area (i.e., area used for table and chairs).
- = No parking is required
E. 
Parking Exceptions for the OTC Zone.
1. 
Commercial. The OTC Zone is exempt from all parking requirements for commercial uses.
2. 
Residential. No parking required for residential uses in the OTC Zone if:
a. 
The planning permit application, if required, for the residential uses, is deemed completed within three years of the adoption of this Code; and
b. 
The Building Permit for the residential uses is issued within five years of the adoption of this Code.
(Ord. 1670(19) § 11; Ord. 1679(21) § 11; Ord. 1702(23) § 5)

§ 17.308.050 Bicycle and Motorcycle Parking Requirements.

A. 
Bicycle Parking. The following standards apply to bicycle parking in all zones:
1. 
Two bicycle parking spaces, or five percent of required off-street parking spaces, whichever is greater, are required for all uses other than single-family residential. For multi-family residential projects with four or fewer units, no bicycle parking is required if a fully enclosed garage (with a garage door, not a carport) is provided for each unit.
2. 
Bicycle parking shall be placed in a convenient, highly-visible, and well-lit location not more than 50 feet walking distance from the main entrance and shall not interfere with pedestrian movements.
3. 
Bicycle stalls shall be provided in compliance with the following requirements:
a. 
A device capable of supporting a bicycle(s) in an upright or hanging position, that allows for two points of contact with the frame and will enable a user to lock the bicycle to the device shall be provided, and the device shall be approved by the City.
b. 
The minimum spacing dimension of bicycle stalls shall be three feet by six feet.
c. 
Areas containing bicycle stalls shall be surfaced with hardscape or paving.
d. 
When located within a parking area, bicycle spaces shall be protected by curbs, fences, planter areas, bumpers, or similar barriers for the mutual protection of bicycles, automobiles, and pedestrians, unless deemed by the review authority to be unnecessary because the intended safety is adequately achieved through other means.
B. 
Motorcycle Parking. Parking for motorcycles shall be provided at the rate of one space for the first 40 required automobile spaces and one space for each 20 required automobile spaces above the first 40 required automobile spaces. An individual motorcycle space shall be four feet by seven feet.
(Ord. 1670(19) § 11; Ord. 1679(21) § 11)

§ 17.308.060 Parking Design and Construction.

A. 
Applicability. All parking areas and the respective driveway approaches shall be designed and constructed in compliance with City standards.
B. 
Parking Lot Design Criteria and Requirements. All parking areas shall conform to the standards in Table 17.308.060.A (Parking Lot Requirements), Figure 17.308.060.1 (Parking Lot Design), Figure 17.308.060.2 (Striping Details), and City Engineering design standards. However, compact spaces may deviate from these standards consistent with Section 17.308.030.C.
Table 17.308.060.A: Parking Lot Requirements (Standard Stalls)
A
B
C
D1
E1
D2
E2
F
Parking Angle
Stall Width
Stall Length
Aisle Width
One Way Double Loaded
One Way Single Loaded
Two Way Double Loaded
Two Way Single Loaded
One Way Double Loaded
9 ft.
24 ft.
12 ft.
12 ft.
24 ft.
24 ft.
24 ft.
45°
9 ft.
20 ft.
14 ft.
14 ft.
25 ft.
25 ft.
20.5 ft.
60°
9 ft.
20 ft.
18 ft.
18 ft.
25 ft.
25 ft.
22 ft.
90°
9 ft.
20 ft.
25 ft.
25 ft.
25 ft.
25 ft.
20 ft.
Table 17.308.060.A: Parking Lot Requirements (Compact Stalls)
A
B
C
D1
E1
D2
E2
F
Parking Angle
Stall Width
Stall Length
Aisle Width
One Way Double Loaded
One Way Single Loaded
Two Way Double Loaded
Two Way Single Loaded
One Way Double Loaded
7 ft.
21 ft.
12 ft.
12 ft.
24 ft.
24 ft.
21 ft.
45°
7 ft.
17 ft.
14 ft.
14 ft.
25 ft.
25 ft.
17.5 ft.
60°
7 ft.
17 ft.
18 ft.
18 ft.
25 ft.
25 ft.
19 ft.
90°
7 ft.
17 ft.
25 ft.
25 ft.
25 ft.
25 ft.
17 ft.
Figure 17.308.060.1: Parking Lot Design
-Image-11.tif
Figure 17.308.060.2: Striping Details
-Image-12.tif
C. 
Striping Permit. The re-striping of any parking lot that substantially changes the existing parking layout or results in a lesser number of spaces, shall require a striping permit approved by the Community Development Department.
D. 
Parking Lot Lighting.
1. 
Any lighting used to illuminate a parking lot shall be directed and shielded as to not illuminate surrounding properties (e.g., hooded lights, focused beam lamps).
2. 
Light standards shall be in scale with the project setting; however, in no case shall light standards exceed 20 feet in height measured from top of finished grade to the highest point of equipment. Where additional height is required for health and safety reasons, an additional five feet in height is allowed subject to review and approval by the Director.
E. 
Temporary Parking. A temporary parking area on a vacant parcel shall be subject to Architectural Design and Site Development Review approval (Chapter 17.512), and the following standards.
1. 
Screening of the lot from public view shall be provided consistent with Chapter 17.312 (Landscape and Screening Standards).
2. 
Lot drainage details and proposed surface treatment shall be subject to the approval of the Building Official, to assure the lot will drain properly and be dust free (i.e., dust inhibitor, gravel, etc.).
3. 
Temporary parking areas shall not be used to satisfy any requirement for parking, whether as a condition of approval or as required by this Code.
4. 
The review authority may limit the temporary parking use to a certain period of time to achieve compliance with the purpose and intent of this Code.
F. 
Single-Family Covered Parking. A required parking space contained within a garage or carport for a single-family dwelling shall be 10 feet by 20 feet. Two side-by-side covered parking spaces require 20 feet by 20 feet.
(Ord. 1670(19) § 11)

§ 17.308.070 Parking Reduction, Alternatives, and Incentives.

A. 
Applicability. The review authority may approve reductions to the required number of on-site parking spaces in compliance with the criteria in this Section. The reductions described in this Section may be combined provided:
1. 
The cumulative parking reduction does not exceed 50% of the required number of spaces; and
2. 
Multi-family residential projects provide a minimum of one parking space per residential unit.
B. 
Shared Peak-Hour Parking. Where two or more non-residential uses have distinct and differing traffic usage periods (e.g., a theater and a bank), the required number of parking spaces may be reduced. The total number of spaces required for all uses sharing the parking may be reduced to no less than the number of spaces required by Section 17.308.040 (Off-Street Parking Requirements) for the single use among those proposed that generates the highest parking demand.
C. 
Mixed-Use Parking. The total requirements of off-street parking spaces on a parcel with mixed uses shall be the sum of the requirements for the various uses computed separately. The review authority may reduce the parking requirement on such a parcel by up to 20% to incentivize mixed use projects.
D. 
Proximity to Transit. A parking reduction of up to 10% shall be approved for any use within an eighth of a mile of a transit stop.
E. 
Off-Site Parking. A reduction of up to 25% of on-site parking may be approved with a Minor Use Permit provided the number of spaces that is eliminated as an on-site requirement is provided through off-site parking. A reduction of up to 50% of on-site parking may be approved through a Conditional Use Permit in compliance with Chapter 17.520 (Conditional and Minor Use Permits). The off-site parking area shall be located within 300 feet of the use(s), and the off-site parking spaces shall be committed by a recorded deed, parking easement, or agreement acceptable to the City Attorney.
F. 
Bicycle Parking. For each 10 required bicycle parking stalls provided, there shall be a reduction of one required automobile parking space to a maximum of 15% of the required automobile parking spaces, except up to a 25% reduction shall be allowed in the Old Town Commercial Zone and the H Street Overlay Zone.
G. 
Motorcycle Parking. Projects that provide more motorcycle spaces than required may reduce the required automobile spaces at the rate of one space for each four motorcycle spaces, up to a 10% reduction.
H. 
On-Street Parking. On-street parking spaces adjoining the lot may count toward the required nonresidential use parking standards. In the Special Event Overlay Zone, on-street parking spaces adjacent to the lot may also count toward the required non-residential use parking standards.
I. 
Further Reductions Justified by a Parking Study. The review authority may approve additional reductions in the number of required parking spaces if a parking study demonstrates that fewer parking spaces are necessary. The City may require a peer review of the traffic study to be conducted by a qualified traffic engineer prior to preparing a recommendation or determination on the request.
(Ord. 1670(19) § 11)

§ 17.308.080 Transportation Demand Management Plan.

A. 
A transportation demand management plan shall be required for non-residential discretionary projects over 100,000 square feet of building floor area. The plan shall be approved by the review authority and remain active throughout the life of the project. The plan shall be site specific for the proposed development and include following:
1. 
An analysis of the expected travel behavior of employees and visitors to the site.
2. 
A description of the existing transportation/circulation system in the project vicinity.
3. 
A description of all feasible strategies that would be incorporated into the project to support onsite trip reduction efforts. Feasible trip reduction strategies may include:
a. 
Target higher vehicle occupancy in carpools.
b. 
Incentives for carpooling, transit ridership, and/or bicycling for employees and/or customers. Such incentives may include reduced work hours to coincide with transit schedules, employer provided bus passes and direct monetary compensation for transit ridership.
4. 
Accommodating local shuttle and regional transit systems.
5. 
Providing transit shelters.
6. 
Providing secure storage lockers for bicycles.
7. 
Establishing a park-and-ride lot consisting of no less than 20 spaces to serve the project.
B. 
Additional Measures. Additional travel demand measures that may be incorporated into the transportation demand management plan are listed below, but others not identified here may be included.
1. 
Requirements of multi-modal transportation improvements. Local transportation infrastructure to improve multi-modal transportation and encourage "feet-first" travel (i.e., pedestrian bicycle, transit, etc.) may be provided on or off site.
2. 
Employee trip reduction package. Employers may make the following information available to each employee upon their date of hire:
a. 
Carpooling/vanpooling information if available;
b. 
Transit schedules and route information;
c. 
Information on air pollution and alternatives to driving to work alone;
d. 
Bicycle route and facility information, including local bicycle maps, locations of nearest bicycle stalls or locker storage facilities, and bicycle safety information; and
e. 
Information on walking to work, pedestrian safety, and walking shoe information.
(Ord. 1670(19) § 11)

§ 17.312.010 Purpose.

This purpose of this Chapter is to establish standards for landscaping that protects and enhances the environmental and visual quality of the community, the control of soil erosion and the establishment of visual buffers where necessary.
(Ord. 1670(19) § 11)

§ 17.312.020 Applicability.

A. 
New Projects. All new projects shall provide landscaping in compliance with this Chapter.
B. 
Nonconforming Landscaping. Landscaping that is not consistent with this Chapter shall comply with Section 17.620.070 (Nonconforming Landscaping).
C. 
Timing of Installation. Required landscape and irrigation improvements shall be installed prior to the issuance of a certificate of occupancy by the Building Official unless specified otherwise in the project's conditions of approval.
D. 
Alternatives to Standards. The review authority may modify the standards of this Chapter to accommodate alternatives to required landscape materials or methods, where the review authority determines that the proposed alternative will be equally or more effective in achieving the purpose of this Chapter and such determination is documented in writing.
E. 
Water Efficient Landscape and Irrigation Standards. All landscaping and irrigation shall comply with LMC Chapter 15.52 (Water Efficient Landscape and Irrigation Standards).
(Ord. 1670(19) § 11)

§ 17.312.030 General Requirements.

A. 
Landscape Plan Requirement. A landscape plan is required for projects in all zones unless exempted by LMC Chapter 15.52 (Water Efficient Landscape and Irrigation Standards).
1. 
Conceptual Landscape Design Plan. A Conceptual Landscape Design Plan shall be submitted for projects requiring a planning permit or approval consistent with Chapter 17.504 (Application Processing Procedures). As applicable the Conceptual Landscape Design Plan requirement may be combined with the Landscape Documentation Package as required in LMC Chapter 15.52 (Water Efficient Landscape and Irrigation Standards). If no planning permit or approval is required, a final landscape design plan shall be submitted in compliance with Subsection A.2, below.
2. 
Final Landscape Design Plan. A final landscape design plan shall be submitted in a Landscape Documentation Package, in compliance with LMC Chapter 15.52 (Water Efficient Landscape and Irrigation Standards), as part of the Building Permit application. The review authority shall approve the final landscape design plan if it is in substantial compliance with this Chapter.
3. 
Vegetation Management Plan. Projects that include common areas that are, or are proposed to be, landscaped or open space areas shall submit a vegetation management plan subject to the review and approval of the review authority.
B. 
Landscaping Materials. Landscaping shall be a combination of drought tolerant ground cover, shrubs, and trees designed in compliance with LMC Chapter 15.52 (Water Efficient Landscape and Irrigation Standards). Hardscape material may be integrated into the required landscaping for residential zones in compliance with this Section.
C. 
Minimum Landscape Coverage. All projects shall meet the minimum landscape coverage as established in Table 17.312.030.A unless otherwise directed by this Chapter. The landscape coverage calculation may include the area(s) required for buffers and screening in compliance with Section 17.312.040 (Screening).
Table 17.312.030.A: Percent of Lot Required to be Landscaped
Zone
Coverage
RA Zone
NA
R-1 Zone
30%
R-2 Zone
30%
R-3 Zone
30%
MH Zone
30%
CC Zone
15%
CB Zone
15%
OTC Zone
5%
PCD Zone
15%
I Zone
10%
BP Zone
10%
MU Zone
10%
PF Zone
20%
1. 
Exceptions. The minimum landscape coverage requirements may be reduced by the review authority as follows:
a. 
In commercial and industrial zones if the following findings are made:
(i) 
It is impractical or infeasible to meet the minimum standards;
(ii) 
The proposed landscaping is in compliance with the purpose of this Chapter; and
(iii) 
There is ample landscaping along the public street frontage(s).
b. 
In residential zones for non-residential uses (e.g., community assembly uses) if a finding is made that the proposed landscaping is in compliance with the purpose of this Chapter.
D. 
Paving in Residential Setbacks.
1. 
To limit the amount of hardscape paving in residential areas, paving, both impervious and pervious, shall be limited to a maximum 50% of the front setback.
2. 
The review authority may allow up to a 20% increase of the paving area allowed for irregularly shaped parcels that lack sufficient area for adequate driveway and pedestrian access due to topography or other site conditions.
E. 
Trees.
1. 
All trees planted along a street frontage shall be of a minimum 15-gallon size or six feet tall and have a one-inch caliper size at chest height, whichever is greater.
2. 
All other trees planted in required landscaped areas shall be a minimum of five-gallon size or three feet tall and have a one-inch caliper size at chest height, whichever is greater, unless otherwise approved by the review authority on the basis that the alternate size will achieve the desired immediate and/or long-term effect.
3. 
Along any non-residential interior or rear property line abutting residential uses, trees shall be planted a minimum of every 10 feet.
4. 
Trees planted under power lines shall not exceed a 24-foot maximum height at maturity.
F. 
Artificial Material. Artificial shrubs shall not be allowed. Artificial turf may be installed, provided it has a permeable base approved by the Public Works Department and does not front Ocean Avenue/Highway 246 or H Street/Highway 1 or be located in the public right-of-way or parkway.
G. 
Dust and Soil Protection. All unpaved areas proposed for development shall be landscaped with ground cover and/or shrub plant material. Any disturbed areas shall be temporarily seeded and irrigated for dust and soil control.
(Ord. 1670(19) § 11)

§ 17.312.040 Screening.

A. 
Purpose and Applicability. The requirements of this Section apply to all screening, fences, and walls for the conservation and protection of property, the enhancement of privacy, and the improvement of the visual environment. Standards for screening in parking and loading areas can be found in Section 17.312.050 (Parking Area Landscaping).
B. 
Required Screening. Screening shall be installed and maintained in the locations identified in Table 17.312.040.A (Required Screening).
Table 17.312.040.A: Required Screening1,2
Land Uses/Zones
Location
Civic, commercial, industrial, agricultural uses
Along all boundaries other than streets, and where the site abuts residential uses.
Adjacent to residential uses and residential zones
Surrounding storage or loading areas and along the perimeter of open off-street parking adjacent to residential uses or zones.
New construction adjoining residential uses
Along all property lines where new construction adjoins residential uses.3
Residential uses adjacent to agricultural uses
Along all property lines abutting or adjacent to agricultural uses.
Non-residential and multi-family uses in or adjacent to single-family residential uses or zones
Along all property lines abutting single-family residences or zones.
Mobile homes
Along all property lines and areas abutting a public street.
All properties, regardless of zone or use
Surrounding all mechanical equipment, meter boxes, and utility transformers, in compliance with Section 17.312.040.G (Equipment Screening).
Notes:
1
Section 17.312.040.F (Buffers) includes additional requirements for buffers between land uses and zones.
2
Screening shall comply with height limitations of sight visibility triangles described in Subsections 17.304.070.D and E.
3
A masonry wall shall be used for screening.
C. 
Required Screening Types. Required screening may consist of one or more of the following screening types identified in Table 17.312.040.B (Required Screening Types). Alternative screening types may be approved if the review authority finds that it achieves the intent and objectives of this Code.
Table 17.312.040.B: Required Screening Types
Type
Description
Walls
A wall shall consist of concrete, stone, brick, tile, or similar type of solid masonry material a minimum of 6 inches thick.
Berms
A berm shall be constructed of earthen materials, and it shall be landscaped.
Open Fence
An open fence may be constructed of wood, welded wire, chain link, tubular steel, or wrought iron. Chain link may only be used along sides behind the required front setback and along the rear.1,2
Solid Fence
A solid fence shall be constructed of wood, masonry, welded wire, or chain link type fence combined with plant materials, wood slats, or other material approved by the Director to form an opaque screen.1,2
Planting3
Plant materials, when used as a visual screen, shall consist of compact evergreen plants a minimum of 5 gallon in size, planted in a minimum 3 ft. wide planting strip. They shall be of a kind, or used in such a manner, so as to effectively eliminate any view of objects on the opposite side.4
Trees
Trees, when used as a visual screen, shall be a minimum of 5 gallons in size when planted, in compliance with Section 17.312.030.E (Trees). Planting shall be one tree for each 30 linear feet of the combined length of the rear and both sidewall dimensions of the structure or area intended to be screened.
Notes:
1
All parts of a fence shall be built with a uniform screen or design and shall be constructed to be architecturally compatible with main structures on the site.
2
See Section 17.312.040.H (Regulated Fencing Materials).
3
The selection of plants must have the ability to achieve a minimum height and width of two feet within 12 months after initial installation. The review authority may require installation of walls, berms or solid fence, if, after 12 months after installation, the plant materials have not formed an opaque screen or if, at any time, the plant materials are not maintained so as to create the desired screen.
4
The required planting strip width may vary based on zone or use, see Section 17.312.040.F (Buffers), below.
D. 
Height.
1. 
Screening height. Screening, except for plant material and trees, shall comply with the height limits established in Table 17.312.040.C (Screening Heights).
Table 17.312.040.C: Screening Heights1
Location of Screening
Min. Height
Max. Height
Within front setback
N/A
3 ft.
Within street side setback2
N/A
6 ft.
Side and rear lot line in the CB Zone that adjoins a residential zone
5 ft.
8 ft.
Industrial zone lot line that is adjacent to a residential zone
6 ft.
8 ft.
All other locations
N/A
8 ft.
Notes:
1
All fences, walls, and berms shall comply with Section 17.304.070.D (Height Limit at Street Corners).
2
Screening heights along Expressways, Major Arterial, and Minor Arterial roadways as defined in the Circulation Element of the General Plan may be allowed to have a maximum height of eight feet.
2. 
Height at planting. Where a specific height of planting is required for screening, such landscaping shall comply with Table 17.312.040.D (Height at Planting).
Table 17.312.040.D: Height at Planting
Prescribed Height
Height at Planting
≥ 5 ft.
Within 2 ft. of prescribed height
< 5 ft.
Within 1 ft. of prescribed height
3. 
Height measurement.
a. 
All screening height shall be measured as the vertical distance between the top of finished grade or highest elevation at the base of the screening and the top edge of the screening material (see Figure 17.312.040.1 (Screening Height Measurement)).
b. 
An earthen berm or mound not taller than two feet may count toward required height of landscaping and screening.
c. 
The portion of any screening functioning as a structural retaining wall shall not be counted in determining overall screening height.
Figure 17.312.040.1: Screening Height Measurement
-Image-13.tif
E. 
Reduction of Required Screening or Screening Design Standards. The review authority may approve an adjustment to the requirements of this Section in compliance with Section 17.108.030 (Rules of Interpretation), if it is determined that:
1. 
The relationship of the proposed uses makes the required screening unnecessary;
2. 
The intent of this Section can be successfully met by means of alternative screening methods;
3. 
Physical constraints on the site make the required screening infeasible; or
4. 
The physical characteristics of the site or adjoining lots make the required screening unnecessary.
F. 
Buffers.
1. 
Industrial. In the industrial zones, a minimum of 10 feet of landscaping of 75% opacity, shall be planted and maintained when new industrial construction adjoins a residential zone.
2. 
Commercial. In commercial zones, a minimum of five feet of landscaping of 75% opacity, shall be planted and maintained adjacent to residential zones.
3. 
Agriculture. For residential uses, a minimum of five feet of landscaping of 75% opacity, shall be planted and maintained adjacent to areas designated for agriculture.
4. 
Residential. For new residential projects, a minimum of five feet of landscaping of 75% opacity, shall be planted and maintained along all property lines adjacent to commercial and industrial uses, except where mixed-use is a component of the residential project.
5. 
Open space. Non-invasive local native plants shall be included in landscaping areas and screening areas to protect designated open space and wildlife habitat.
a. 
A minimum of five feet native landscaping of 75% opacity, shall be planted and maintained adjacent to designated open space areas.
b. 
Native landscaping shall be used in the screening of stream or riparian habitats in compliance with the Citywide Best Management Practices for storm water pollution prevention.
c. 
Properties adjacent to or abutting the western and eastern boundaries of the City's Urban Limit Line shall provide screening along the Urban Limit Line in compliance with this Subsection and the standards of this Chapter.
6. 
Hazardous materials routes. Where feasible, open space buffers (e.g., landscape strips, masonry walls, etc.) shall be provided between hazardous materials routes and residential neighborhoods.
7. 
Fuel breaks. Fuel breaks shall be required around projects in wildland fire hazard areas, in compliance with the Wildland Fire Hazard Areas map in the General Plan. Compliance with the requirements of this Subsection may result in reduced densities on the property.
a. 
The minimum width of the fuel break shall be determined by the Fire Chief.
b. 
Mosaic fuel breaks may be a minimum width of 100 feet if additional fire-resistive infrastructure and construction measures are provided.
c. 
The establishment and maintenance of the fuel breaks is the responsibility of the property owner.
G. 
Equipment Screening.
1. 
Roof mounted equipment shall be screened from public view and residential uses consistent with Figure 17.312.040.2 (Screening for Roof Mounted Equipment). This equipment includes, but is not limited to air conditioning, heating, and ventilation ducts; exhaust vents; and utility services.
Figure 17.312.040.2: Screening for Roof Mounted Equipment
-Image-14.tif
2. 
Ground level mechanical equipment and utility services shall be screened from public view as determined by the Director.
3. 
The colors, material, landscaping, and architectural style of screening shall be compatible with other on-site development (e.g., uses the same materials and colors as other structures).
4. 
All planting and trees used in screening equipment shall be designed and maintained in compliance with this Chapter.
H. 
Regulated Fence Materials.
1. 
Barbed type or razor wire is allowed in the I Zone and may be allowed in the BP Zone when not visible from the street or from residential zones subject to Director or Review Authority approval.
2. 
All parts of a fence shall be built with a uniform screen or with an open work design that has a minimum of four inches between vertical and horizontal members.
(Ord. 1670(19) § 11; Ord. 1679(21) § 11)

§ 17.312.050 Parking Area Landscaping.

A. 
Applicability.
1. 
Every parcel of land used for the parking or loading of motor vehicle or motor vehicle sales shall be improved and maintained with landscaping as required in this Section.
2. 
Landscaping design plans for commercial parking areas shall be submitted for review and approval by the review authority prior to installation in compliance with Section 17.312.030.A (Landscape Plan Requirement).
B. 
Adjacent to Residential. Where a parking area is across the street from a residential zone or adjoins an abutting residential zone on the same side of the street, there shall be a 10-foot wide landscaped area between the parking area and the street.
C. 
Adjacent to Streets.
1. 
Landscaping shall be designed and maintained to screen parking areas from public streets. Screening materials may include a combination of plant materials, earth berms, fences/walls, raised planters, or other screening at a minimum height of four feet, in compliance with Section 17.312.040 (Screening).
2. 
Landscaping for the screening of parking areas shall be a minimum of five feet, measured from the back of the sidewalk, and shall be planted with sufficient vegetation to effectively screen the parking area. If no sidewalk exists, distance shall be measured from the edge of right-of-way.
3. 
Screening within a traffic safety visibility area shall comply with Section 17.304.070.D (Height Limit at Street Corners).
D. 
Interior Parking Lot Landscaping.
1. 
Amount of landscaping. The minimum landscaped area within a parking area shall comply with Table 17.312.050.A (Required Interior Parking Lot Landscaping).
Table 17.312.050.A: Required Interior Parking Lot Landscaping
Number of Parking Spaces
Percent of Gross Parking Area Required for Landscaping
15 or fewer
5%
16 to 30
10%
31 to 70
12%
71 and over
16%
2. 
Location of Landscaping. Landscaping shall be dispersed throughout the parking area and include interior landscaped areas and perimeter landscaping.
E. 
Protection. Required landscaping next to parking spaces or driveways shall be protected by a minimum six-inch high continuous concrete border or curb wall with rebar.
F. 
Plant Material. Required landscape shall include a combination of drought tolerant trees, shrubs, ground covers, and permanent irrigation.
1. 
Size and time of planting. Plant materials shall be sized and spaced to achieve immediate effect and shall not be less than a five-gallon container for trees with height consistent to Section 17.312.030.E (Trees), one-gallon container for shrubs, and one gallon or less for perennials, vines, and mass planting, unless otherwise approved by the review authority on the basis that the alternate size will achieve the desired immediate and/or long-term effect equally well.
2. 
Trees. The minimum number of trees to be provided in any parking area shall be one for every eight parking stalls.
3. 
Ground cover and shrubs. The majority of areas required for landscaping shall be covered with ground cover, shrubs, or other types of plants.
a. 
Ground cover shall be provided throughout the landscaped area and shall be spaced to achieve full coverage within one year.
b. 
Excessive use of turf is discouraged.
c. 
Crushed rock, wood chips, pebbles, stone, and similar materials shall be allowed up to 15% of the total required landscaping.
d. 
Landscaped areas shall be top dressed with a bark chip mulch or approved alternative to avoid exposed bare soil.
G. 
Reduction of Required Parking Area Landscaping. The review authority may approve a reduction from the standards relating to the location of landscaped areas within parking areas if the lot configuration causes a hardship or unsafe condition. The review authority may approve a reduction not exceeding 50% in the size of any required area, provided another landscaped area is provided or increased to equally compensate for the loss.
H. 
Storm Water Protection in Parking Areas.
1. 
Post-Construction Hydromodification Requirements. Post-Construction Hydromodification Storm Water Control Measures (including, but not limited to, rain gardens or bio-retention ponds, permeable pavement, underground cisterns or infiltration chambers) are required by the City's adopted Post-Construction Hydromodification requirements. These requirements may apply to the design of parking and loading areas, and their design shall be submitted with grading plans and landscape plans.
2. 
Groundwater recharge. The design of parking lot landscaped areas may be required to include on-site infiltration of storm water run-off, in compliance with the City's adopted Post-Construction Hydromodification requirements, or other applicable Municipal Code requirements.
(Ord. 1670(19) § 11)

§ 17.312.060 Regulations Applicable to Landscaping Along Designated Scenic Ridgelines and Roads.

In reviewing Landscape Design Plans, the minimum landscaping and screening requirements of this Chapter may be increased or otherwise modified for projects located on or along scenic ridgelines or roads designated in Figure UD-2 of the General Plan Urban Design Element in order to meet the following objectives:
A. 
Adequately screen uses which by their nature will detract from the scenic qualities of a particular designated route or ridgeline.
B. 
Not obstruct significant views with landscaping or screening; and
C. 
Harmonize landscaping and screening with the natural landscaping and environment of the site and surroundings.
(Ord. 1670(19) § 11)

§ 17.312.070 Maintenance.

A. 
All landscaping (e.g., ground cover, hedges, lawns, shrubs, and trees) shall be maintained in a healthful and thriving condition at all times.
B. 
Any damaged, dead, or decaying vegetation shall be replaced by the equivalent vegetation of a size, form, and character which will be comparable at full growth.
C. 
Vegetation used for screening purposes shall be selectively thinned if it is determined by the Director that thinning would improve view corridors, walkability, or protect public health, safety, and welfare.
D. 
All vegetation shall be adequately and efficiently irrigated. Irrigation systems and their components shall be maintained in a fully functional manner.
E. 
Landscaping shall regularly be kept clean and free of debris, litter, and weeds.
F. 
All fences and walls that have been incorporated into an approved landscape design plan shall regularly be maintained in an attractive and safe manner.
G. 
The review authority shall, as a condition of approval of any Landscape Design Plan require the implementation of a landscaping maintenance agreement for the maintenance of any or all landscaping on a project.
(Ord. 1670(19) § 11)

§ 17.316.010 Purpose.

The purpose of this Chapter is to promote the public health, safety, and welfare through a comprehensive system of reasonable, effective, consistent, content-neutral, and nondiscriminatory sign standards and requirements to:
A. 
Promote and accomplish the goals, policies and measures of the General Plan, including enhancing visual qualities of the urban streetscape (Urban Design Element Policy 4.3) and removing inappropriate obstacles to the formation and expansion of local businesses (Economic Development Policy 3.5);
B. 
Balance public and private objectives by allowing adequate avenues for both commercial and non-commercial messages;
C. 
Improve pedestrian, bicycle, and traffic safety by promoting the free flow of traffic and the protection of pedestrians, bicyclists, and motorists from injury and property damage caused by, or which may be fully or partially attributed to cluttered or distracting signage;
D. 
Prevent property damage, personal injury, and litter caused by signs that are improperly constructed or poorly maintained;
E. 
Protect and improve the local economy and quality of life by preserving and enhancing the appearance of the streetscape;
F. 
Allow signs to serve as an effective channel of communication through flexible standards applicable in certain circumstances;
G. 
Provide for the preservation of Landmark Signs that contribute to the unique character and history of Lompoc;
H. 
Provide clear and unambiguous sign standards that enable fair and consistent enforcement; and
I. 
Strengthen the identity of Lompoc as a year-round tourist destination.
(Ord. 1670(19) § 11)

§ 17.316.020 Applicability.

A. 
Applicability.
1. 
This Chapter applies to all signs within the City unless specifically exempted.
2. 
Nothing in this Chapter shall be construed to prohibit a person from holding a sign while picketing or protesting on City property that is open to the public, so long as the person holding the sign does not block ingress and egress from buildings, create a safety hazard by impending travel on sidewalks, in bike or vehicle lanes, or on trails, or violate any other reasonable time, place, and manner restrictions adopted by the City.
3. 
The provisions of this Chapter shall not require alteration of the display of any registered mark, or any trademark, service mark, trade name, or corporate name that may be associated with or incorporated into a registered mark, where such alteration would require the registered mark to be displayed in a manner differing from the mark as exhibited in the certificate of registration issued by the United States Patent and Trademark Office. It is the responsibility of the applicant to establish that a proposed sign includes a registered mark.
B. 
Interpretations.
1. 
This Chapter is not intended to, and does not, restrict speech on the basis of its content, viewpoint, or message. No part of this Chapter shall be constructed to favor commercial speech over non-commercial speech. A non-commercial message may be substituted for any commercial message displayed on a sign, or the content of any non-commercial message displayed on a sign that may be changed to a different non-commercial message, without the need for any approval or permit, provided that the size of the sign is not altered. To the extent that any provision of the Chapter is ambiguous, the term shall be interpreted not to regulate on the basis of the content of the message.
2. 
Where a particular type of sign is proposed in a permit application, and the type is not expressly allowed, restricted, or prohibited by this Chapter, the review authority shall approve, conditionally approve, or deny the application based on the most similar sign type that is expressly regulated by this Chapter.
C. 
Exemptions. The provisions of this chapter do not apply to the following signs:
1. 
Interior building signs.
2. 
Any sign, posting, notice or similar signs placed, installed or required by law by the City, County, or a Federal or State governmental agency in carrying out its responsibility to protect the public health, safety, and welfare, including, but not limited, to the following:
a. 
Emergency and warning signs necessary for public safety or civil defense;
b. 
Traffic and parking signs erected and maintained by an authorized public agency or approved by an authorized public agency;
c. 
Numerals and lettering identifying the address from the street to facilitate emergency response and compliant with City requirements;
d. 
Signs directing the public to points of interest (e.g., wayfinding signs only erected by the City); and
e. 
Signs showing the location of public facilities.
3. 
Business information signs. Non-illuminated signs which provide business information including, but not limited to, credit card acceptance, business hours, open/closed, or menus provided signs do not exceed an aggregate six square feet in sign area.
4. 
Community information bulletin boards approved by the City and signs posted on such boards in compliance with any applicable City posting protocol.
5. 
Signs neatly and permanently affixed to a vehicle. Refer also to Section 17.316.040.A.3. Such signage shall not be a banner, board, paper, or any temporary sign and shall not substantially project or deviate above or from the vehicle profile.
6. 
Signs that constitute an integral part of a permitted vending machine or similar facilities located outside of a business.
7. 
Murals.
8. 
Barber poles no more than two and one-half feet in height.
(Ord. 1670(19) § 11)

§ 17.316.030 Sign Minor Modifications and Design Performance Standards.

A. 
Minor Modifications. The following minor modifications or exceptions to sign standards are allowed subject to the approval of a Sign Permit by the applicable Review Authority in compliance with Chapter 17.504 (Application Processing Procedures) and Chapter 17.540 (Sign Permit and Sign Program); a Minor Modification does not trigger a different level of review than would otherwise be required for the Sign Permit.
1. 
Sign area. Allowable sign area may be increased incrementally by up to 10% if a sign and business frontage identified by the sign are located at certain distances or more from the property line along a street; provided however, that the incremental increase shall only be applied to the sign located at the given distance or more from the property line along the street the sign faces. Table 17.316.030.A identifies the incremental increases allowed (also illustrated by Figure 17.316.030.1).
Table 17.316.030.A: Incremental Sign Area Increase
Distance Between Property Line Along the Street to Sign
Sign Area Increase
125 - 150 ft.
5%
151 - 175 ft.
6%
176 - 200 ft.
7%
201 - 225 ft.
8%
226 - 250 ft.
9%
251 ft. +
10%
Figure 17.316.030.1
-Image-15.tif
2. 
Sign dimensions. Architectural features or embellishments may exceed the maximum allowable sign height or dimensions by 10% or 12 inches, whichever is greater (Figure 17.316.030.2).
Figure 17.316.030.2
-Image-16.tif
3. 
Monument sign base width. The required monumental sign base width may be reduced by 10% when warranted by unique parcel conditions, including elevation changes, irregularly shaped parcel, or natural obstructions, or when an improvement in overall sign design is achieved as determined by the review authority (Figure 17.316.030.2). For example, a sign base required to be four feet wide could be reduced to 3.6 feet.
4. 
Corporate sign standards. Adopted corporate sign standards that require signs to be a certain size or dimension may be allowed if the dimensions deviate no more than 10% from the applicable standards established in the chapter. If the deviation exceeds 10%, Sign Program approval would be required. It is the responsibility of the applicant to establish that a proposed sign is compliant with corporate sign standards.
B. 
Sign Design Performance Standards.
1. 
Sign design elements. Increases in the allowable area and/or the height of permanent monument and building mounted signs in non-residential zones may be approved to encourage preferred sign design features that are identified in this Subsection. The preferred design features detailed below are in addition to the base maximum area and height limitations described in Table 17.316.060.A. and in addition to minor modifications allowed by Subsection A. The increases allowed in this Subsection will be allowed as a minor modification consistent with Subsection A. Nothing in this Subsection allows deviations from standards for signs subject to an approved Sign Program unless the Sign Program allows for such deviation. This Subsection is not applicable to temporary signs.
a. 
Raised letter signs. This standard encourages the use of individual lettered business and logo design, or where appropriate, signs contain copy, logo, and/or decorative embellishments in relief on the face of the sign (Figure 17.316.030.3). The improved sign design enhances the readability of sign copy. A sign area and/or height increase as established in Table 17.316.030.B may be approved for sign designs that display either:
(i) 
Pan channel letters without raceways or intentionally illuminated individual channel letters on an unlit or otherwise indistinguishable background on a monument sign or building wall (halo lighting, where the light source is concealed behind three-dimensional opaque letters, is encouraged); or
(ii) 
Where appropriate, carved signs with a three-dimensional textured surface that is integral to its design, such as extensively carved, routed and/or sandblasted signs containing the business name and/or logo.
Figure 17.316.030.3
-Image-17.tif
b. 
Sign materials. This standard encourages the use of native or natural materials in the construction of signs and structures, resulting in improved and innovative sign design and an improved image of the business or development to which it refers. A sign area and/or height increase as established in Table 17.316.030.B may be approved for the sign designs in which a minimum of 75% of the sign structure and face are constructed of native and natural materials, such as flagstone, river rock, redwood, cedar, treated pine, used brick, and/or unpainted or unfinished non-reflective metals (not including dilapidated materials such as rusted iron or corroded alloys).
c. 
Monument signs of reduced height. This standard encourages the reduction of the overall height of monument signs as otherwise established in Table 17.316.060.A, while maintaining sign and site compatibility and improving the image of the business or development. See Table 17.316.030.B for percentage increases allowed.
Table 17.316.030.B: Percentage Increases for Design Elements Used
Design Feature
Monument Sign
Building Mounted Sign
Area Increase
Height Increase
Area Increase
Height Increase
Raised Letter1
5%
5%
5%
N/A
Sign Materials
10%
10%
10%
N/A
Reduced Height
5%
N/A
5%
N/A
Note:
1
Increases allowed by raised lettering do not apply to the Old Town Commercial Zone.
2. 
Cumulative adjustments. Where more than one feature listed in Subsection B.1 is proposed, the adjustment allowed for each individual feature is cumulative. Such sign area and/or height adjustment is measured and based upon the base maximum sign area and height for the applicable site as determined in Table 17.316.060.A. The cumulative maximum increase allowed for permanent monument and building mounted signs is 20% for sign area and 15% for sign height.
(Ord. 1670(19) § 11)

§ 17.316.040 Prohibited Signs and General Restrictions for All Signs.

A. 
Location Restrictions. Signs may not be placed in the following locations except where specifically authorized:
1. 
Signs placed in City right-of-way, except for governmental signs and signs specifically allowed by this Chapter (e.g., bus bench sign, portable signs in the OTC Zone, etc.);
2. 
Signs tacked, painted, cut, pasted, or otherwise affixed to trees, light and utility poles, posts, fences, ladders, or similar supports that are visible from the public right-of-way;
3. 
No person engaging in the business of automobile repair or selling, renting, or parking vehicles shall park or stand any such vehicle on any street or City public parking lot for display, advertising or storage purposes;
4. 
Signs constructed or placed in such a manner as to prevent or interfere with free ingress to or egress from any door, window, or any exit way required by the California Building Code or Fire Department standards;
5. 
Signs that obstruct the view of any authorized traffic sign, signal, or other traffic control device; and
6. 
Signs constructed or placed in such a way as to be confused with any authorized traffic signal or device.
B. 
Prohibited Signs. The following signs are prohibited except where specifically authorized:
1. 
Abandoned signs;
2. 
Illegal signs;
3. 
Inflatable or tethered signs or devices, including air-activated graphics;
4. 
Pole signs;
5. 
Feather signs;
6. 
Roof signs;
7. 
People signs; and
8. 
Off-premises signs, except those permitted by an approved Sign Program pursuant to Section 17.540.020.B.
C. 
Display Restrictions. Signs with the following display features are prohibited:
1. 
Lighting devices with intermittent, flashing, blinking, or varying intensity of light or color, including animation or motion picture, or any lighting effects creating the illusion of motion, as well as laser or hologram lights unless explicitly allowed by this Chapter (e.g., electromagnetic messages).
2. 
Sound, odor, or smoke.
3. 
Rotating or moving sign body or any other portions of the sign whether mechanically or by other means unless explicitly allowed by this Chapter.
D. 
Parking of Mobile Billboards Prohibited. No person shall park or convey any mobile billboard advertising display as defined herein, either standing alone or attached to a motor vehicle, upon any public street or public lands in the City.
1. 
Removal of mobile billboard advertising displays authorized. Pursuant to Section 22651(v) and (w) of the California Vehicle Code, a peace officer, or any regularly employed and salaried employee of the City, who is authorized to engage in directing traffic or enforcing parking laws and regulations may remove, or cause to be removed, the mobile billboard, or anything the mobile billboard is attached to including a motor vehicle, located within the territorial limits of the City when the mobile billboard is found upon any public street or any public lands, if all of the following requirements are satisfied:
a. 
When a mobile billboard either standing alone or attached to a motor vehicle, is parked or left standing in violation of the Code, and the registered owner of the vehicle or display was previously issues a warning notice or citation for the same offence;
b. 
A warning notice or citation was issued to a first-time offender at least 24 hours prior to the removal of the vehicle or display. The City is not required pursuant to Section 22651(v)(2) and (w)(2) of the Vehicle Code to provide further notice for a subsequent violation prior to enforcement; and
c. 
The warning notice or citation advised the registered owner of the vehicle or display that he or she may be subject to penalties upon a subsequent violation of the ordinance that may include removal of the vehicle or display.
2. 
Permanent advertising signs excepted. Pursuant to Section 21100(p)(2) and (p)(3) of the California Vehicle Code, this Section does not apply to advertising signs that are permanently affixed in a manner that is painted directly upon the body of a motor vehicle, applied to a decal on the body of a motor vehicle, or placed in a location on the body of a motor vehicle that was specifically designed by vehicle manufacturer for the express purpose of containing an advertising sign, such that they are an integral part of, or fixture of a motor vehicle for permanent decoration, identification, or display and that do not extend beyond the overall length, width, or height of the vehicle.
3. 
Post storage impound hearing. Section 22852 of the California Vehicle Code applies to this Section with respect to the removal of any mobile billboard advertising display vehicle. Section 22852 is incorporated by reference as if set forth in full herein and provides, in summary, that whenever an authorized employee of the City shall direct the storage operator to provide the vehicle's registered and legal owner(s) of record, or their agent(s), with the opportunity to for a post-storage hearing to determine the validity of the storage. Notice of the storage shall be mailed or personally delivered to the registered and legal owner(s) of record, or their agent(s), with the opportunity for a post-storage hearing to determine the validity of the storage. Notice of the storage shall be mailed or personally delivered to the registered and legal owner(s) within 48 hours, excluding weekends, as specifically provided by for under Section 22852 of the California Vehicle Code. To receive a post-storage hearing, the owner(s) of record, or their agent(s), must request a hearing in person, in writing, or by telephone within 10 days of the date appearing on the notice. The City may authorize its own officer or employee to conduct the hearing as long as the hearing officer is not the same person who directed the storage of the vehicle.
4. 
Violation—Penalties. A violation of this Section is a misdemeanor, punishable upon conviction by a fine of not less than $250.00, no more than $1,000.00, or by imprisonment in the County Jail for not more than six months, or by both fine and imprisonment. At the discretion of any person duly authorized by the Chief of Police to issue a citation for any violation of this Section, or the Lompoc City Attorney's Office, a violation of this Section may be an infraction enforced through the parking penalty process set forth in Section 40200 et seq., of the California Vehicle Code.
(Ord. 1670(19) § 11)

§ 17.316.050 General Requirements for All Signs.

A. 
Sign Message.
1. 
Any allowed sign may contain, in lieu of any other message or copy, any lawful non-commercial message, provided that the sign complies with the size, height, area, location, and other requirements of this Chapter.
2. 
A sign's message should be clearly legible for the intended audience (e.g., vehicular traffic, pedestrians, etc.).
B. 
Sign Measurement Criteria. The measurement of sign area and height to determine compliance with the limitations of this Chapter shall be regulated as follows:
1. 
Surface area. The surface area of a sign is calculated by enclosing the extreme limits of all framing, emblem, logo, representation, writing, or other display within a single continuous perimeter composed of squares or rectangles with no more than eight lines. See Figures 17.316.050.1 and 17.316.050.2.
Figure 17.316.050.1
-Image-18.tif
Figure 17.316.050.2
-Image-19.tif
2. 
Sign structure. Supporting sign frame and support structures that are clearly incidental to the display itself is not computed as a sign area, except for portable signs.
3. 
Double-sided signs. The area of a double-sided sign that has no more than 24 inches separating the outer surfaces of the sign's two parallel planes is computed by multiplying the total height by the total length of only one side of the sign area.
4. 
Three-dimensional objects. Where a sign consists of one or more three-dimensional objects (e.g., balls, cubes, clusters of objects, sculpture, or statue-like trademarks), the sign area is measured at their maximum projection upon a vertical plane.
5. 
Multiple objects. When signs are composed of individual elements, the area of all sign elements, which together convey a single complete message, are considered a single sign. See Figure 17.316.050.3.
Figure 17.316.050.3
-Image-20.tif
6. 
Height. Sign height is measured as the vertical distance from the highest elevation of the finished grade below or surrounding the base of the sign to the top of the highest element of the sign. In cases where substantial fill is proposed, "finished grade" shall be established by the Director consistent with properties in the immediate vicinity, and shall not be artificially raised to gain additional sign height. If highest finished grade surrounding the sign is lower than the grade of an adjacent road, the height of the sign shall be measured from the top of the curb elevation nearest the sign. See Figure 17.316.050.4.
Figure 17.316.050.4
-Image-21.tif
C. 
Sign Illumination. Sign illumination shall be designed to minimize light and glare on surrounding rights-of-way and properties, according to the following standards:
1. 
General.
a. 
LED/neon lighting is encouraged for energy conservation purposed and to allow for creatively designed and attractive signs.
b. 
Sign illumination shall be limited to avoid light projection or reflection into residential zones.
c. 
Sign illumination shall not blink, flash, flutter, or change light intensity, brightness, or color unless consistent with the standards for electronic message signs (Subsection C.2). Illuminated window signs that are no greater than two and one-half square feet in area are exempt from this standard.
d. 
Neither the direct nor reflected light from primary light sources may create hazards for pedestrians or operators of motor vehicles.
2. 
Electronic message signs.
a. 
Electronic message signs are only allowed in the PF, CB, CC, and PCD zones, on sign types that allow for internal illumination in compliance with this Chapter (see Table 17.316.060.B).
b. 
Electronic message signs shall not flash, blink, flutter, include intermittent or chasing lights, or display video messages (i.e., any illumination or message that is in motion or appears to be in motion). Electronic message signs may display changing messages provided that each message is displayed for no less than four seconds.
c. 
One electronic message sign may be allowed per parcel, except that up to two electronic message menu boards may be allowed for drive-through uses.
d. 
Night-time brightness.
(i) 
Night-time brightness shall be measured with an illuminance meter set to measure foot-candles accurate to at least two decimals. Illuminance shall be measured with the electronic message off, and again with the electronic message or a solid message for a single-color electronic message.
(ii) 
All measurements shall be taken perpendicular to the face of the electronic message at the following distance:
-Image-22.tif
(iii) 
The difference between the off and solid message measurements shall not exceed 0.3 foot-candles at night.
e. 
Electronic message signs shall be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to ambient light conditions (e.g., photocell technology), or that can be adjusted to comply with the 0.3 foot-candle requirement.
f. 
Electronic message signs shall be turned off daily at the close of business.
D. 
Sign Design and Materials. All signs shall be designed and constructed in compliance with the following standards:
1. 
Design and construction.
a. 
All signs shall comply with applicable provisions of the uniform codes of the City, any other applicable City ordinance, resolutions, or standards, and this Chapter.
b. 
The size of the structural members (e.g., columns, crossbeams, and braces) shall be proportional to the sign panel they are supporting. In general, fewer larger supporting members are preferable to many smaller supports.
c. 
All permanent signs shall be designed by professionals (e.g., architects, building designers, landscape architects, interior designers, or those whose principal business is the design, manufacture, or sale of signs) who are capable of producing professional results.
d. 
All permanent signs shall be constructed by persons whose principal business is building construction or a related trade including sign manufacturing and instillation businesses, or others capable of producing professional results. The intent is to ensure public safety, achieve signs of careful construction, neat and readable copy, and durability so as to reduce maintenance costs and to prevent dilapidation.
2. 
Materials.
a. 
Sign materials (including framing and supports) shall be characteristic of or compatible with the type and scale of materials used on the parcel of the sign.
b. 
Reflective materials shall not be included on signs.
c. 
Sign materials shall be durable and capable of withstanding weathering over the life of the sign with reasonable maintenance.
E. 
Sign Placement at Intersection. No sign located within the traffic safety visibility area shall exceed the height maximum identified in Section 17.304.070.D (Height Limit at Street Corners) and E (Height Limit at Driveways).
F. 
Sign Maintenance. All signs, both temporary and permanent, shall be continuously maintained in compliance with the following standards:
1. 
Each sign and supporting hardware shall be maintained in good repair so that it is able to function properly at all times. This includes the replacement of burned out or broken light bulbs and repair or replacement of faded, peeled, cracked, or otherwise damaged parts of a sign.
2. 
Signs that have structural or electrical components that may be compromised by weather should be inspected as necessary by a competent engineer or qualifies building inspector, contractor, or sign professional.
3. 
Any repair to a sign shall be of materials and design of equal or better quality to as the original sign.
4. 
Signs that have been physically damaged by weather or physical impact shall be reviewed by a competent engineer or qualified building inspector, contractor, or sign professional within 24 hours after the damage occurs.
5. 
Signs that are not properly maintained and are dilapidated will be deemed a public nuisance and shall be abated in compliance with Section 17.316.110 (Enforcement).
6. 
When an existing sign is replaced, all brackets, poles, and other supports that are no longer required shall be removed.
7. 
Property owners are responsible for the structural and electrical integrity of signs located on their property and for obtaining all necessary permits in compliance with Chapter 17.540 (Sign Permit and Sign Program).
8. 
Landscaping required by this Chapter shall be maintained in a neat, clean, and healthy condition, which includes pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary, and the regular watering of all plantings.
(Ord. 1670(19) § 11)

§ 17.316.060 Permanent Signs.

Permanent signs shall comply with the standards provided in this Section. This Section is organized into three subsections: (A) signs allowed in residential zones; (B) signs allowed in non-residential zones; and (C) standards by sign type. Key standards are identified in the tables located in Subsections A and B (e.g., maximum sign number, sign area, sign height, permit requirements, etc.) which allows for a comparison across sign types. Subsection C identifies standards for each sign type regardless of zone and repeats certain standards listed in the tables located in Subsections A and B. Cross references provide linkages between standards.
A. 
Signs Allowed in Residential Zones.
1. 
Permanent signs in residential zones are allowed in compliance with the standards established in Table 17.316.060.A. The signs listed in Table 17.316.060.A are allowed in any number or combination, unless otherwise noted in the Section.
2. 
Multi-family residential subdivisions that have vehicle access off two or more streets shall provide directional signage (e.g., a site map with building locations and addresses) if necessary to facilitate emergency response activities as determined by the Fire Chief.
Table 17.316.060.A: Permanent Sign Standards for All Residential Zones1, 2
Sign Type
Maximum Number3, 4
Maximum Area
Maximum Height
Lighting Allowed?
Permit Required?
Additional Requirements
Flag
1 per parcel
35 s.f.
Limited to the zone's allowable building height
External
yes
17.316.060.C.3.f
Monument Sign
1 per street frontage5
24 s.f.
5 feet
Limited, external, down-directed
yes
17.316.060.C.4
1 per parcel6
4 s.f.
3 feet
no
Wall Sign
1 per street frontage5
24 s.f.
Not displayed above the second story
Limited, external, down-directed
yes
17.316.060.C.8
1 per parcel6
4 s.f.
no
Notes:
1
Not allowed in the R-1 or R-2 zones unless approved with a Sign Program.
2
Parcels in the MU Zone that contain only residential uses shall be subject to the standards in this Table.
3
Additional signs may be allowed if approved with a Sign Program.
4
Directional signs required by Section 17.316.060.A.2 shall not be counted toward the maximum number of signs.
5
Allowed for signs identifying a multi-family building or complex by name and/or address. Only one 24 square foot sign is allowed per street frontage, which may be either a wall or monument sign.
6
Allowed for signs identifying or providing direction to the manager's office of a multi-family building or complex or similar directional signs.
B. 
Signs Allowed in Non-Residential Zones. Permanent signs in non-residential zones are allowed in compliance with the standards established in Table 17.316.060.B. The signs provided in Table 17.316.060.B. are allowed in any combination unless otherwise noted in this Section; however, total square footage of all permanent signage shall not exceed two square feet per one lineal foot of street frontage or business frontage, with a maximum of 300 square feet per business.
Table 17.316.060.A: Permanent Sign Standards for All Residential Zones1, 2
Sign Type
Maximum Number3, 4
Maximum Area
Maximum Height
Lighting Allowed?
Permit Required?
Additional Requirements
Flag
1 per parcel
35 s.f.
Limited to the zone's allowable building height
External
yes
17.316.060.C.3.f
Monument Sign
1 per street frontage5
24 s.f.
5 feet
Limited, external, down-directed
yes
17.316.060.C.4
1 per parcel6
4 s.f.
3 feet
no
Wall Sign
1 per street frontage5
24 s.f.
Not displayed above the second story
Limited, external, down-directed
yes
17.316.060.C.8
1 per parcel6
4 s.f.
no
Notes:
1
Not allowed in the R-1 or R-2 zones unless approved with a Sign Program.
2
Parcels in the MU Zone that contain only residential uses shall be subject to the standards in this Table.
3
Additional signs may be allowed if approved with a Sign Program.
4
Directional signs required by Section 17.316.060.A.2 shall not be counted toward the maximum number of signs.
5
Allowed for signs identifying a multi-family building or complex by name and/or address. Only one 24 square foot sign is allowed per street frontage, which may be either a wall or monument sign.
6
Allowed for signs identifying or providing direction to the manager's office of a multi-family building or complex or similar directional signs.
C. 
Standards by Sign Type. As listed in, and in addition to the standards in Table 17.316.060.B, signs shall comply with the following standards applicable to the specific sign type. Each sign type listed in the subsection shall be included in the calculation of the total sign area and/or number of signs allowed on a parcel by Subsection B (Signs Allowed in Non-Residential Zones), unless this Chapter explicitly provides otherwise. Each sign shall also comply with the requirements of Section 17.316.050 General Requirements for All Signs, and all other applicable provisions after this Chapter.
1. 
Awning or canopy signs. An awning or canopy sign is any sign that is painted or applied to the face, valance, or side panel or a projecting structure consisting of a frame and a material covering, attached to and wholly supported by a building wall and installed over and partially in front of doors, windows, and other openings in a building (as defined in Chapter 17.712).
Figure 17.316.060.1
-Image-23.tif
a. 
Maximum number. One sign per awning or canopy, and one per valance.
b. 
Maximum area. One square foot per one lineal foot of awning or canopy width, and 75% maximum coverage per valance.
c. 
Maximum height. Sign is not to be displayed above the second story.
d. 
Illumination. May be internally or externally illuminated consistent with Section 17.316.050.C.
e. 
Permit required. A Sign Permit is required in compliance with Chapter 17.540 (Sign Permit and Sign Program).
f. 
Additional requirements.
(i) 
Vertical clearance. Maximum eight feet from bottom of the awning, including variance, or canopy to finished grade.
(ii) 
Setback and projection into public right-of-way. A minimum of two feet between the edge of the awning or canopy and outer curb face shall be maintained. Any encroachment into City right-of-way is subject to City Engineer approval and requires a City Encroachment Permit. Signs and awnings or canopies may not encroach into State right-of-way unless authorized by the State.
(iii) 
Sign width. Sign copy on an awning or canopy shall not exceed 60% of awning or canopy width.
2. 
Directory signs. A directory sign is a pedestrian oriented sign used to provide a directory of tenant locations within a multi-tenant building(s) (as defined in Chapter 17.712).
Figure 17.316.060.2
-Image-24.tif
Figure 17.316.060.3
-Image-25.tif
The following standards apply to directory signs (see Figures 17.316.060.2 and 17.316.060.3):
a. 
Maximum number. Ground mounted: one per parcel; On-building: one per building entrance.
b. 
Maximum area. 20 square feet.
c. 
Maximum height. Ground mounted: six feet; On-building: 12 feet above finished grade below.
d. 
Illumination. May be internally or externally illuminated consistent with Section 17.316.050.C.
e. 
Permit required. A Sign Permit is required in compliance with Chapter 17.540 (Sign Permit and Sign Program).
f. 
Additional requirement. Ground mounted directory signs shall comply with the standards for monument signs in Subsection C.4.
3. 
Flags. A flag is a fabric sheet of square, rectangular or triangular shape that is mounted on a pole. This sign type includes official flags of national, state, or local governments. This sign type does not include feather signs (as defined in Chapter 17.712).
Figure 17.316.060.4
-Image-26.tif
The following standards apply to flags (see Figure 17.316.060.4):
a. 
Maximum number. One per business.
b. 
Maximum area. 35 square feet.
c. 
Maximum height. The height of a flag is limited to the zone's allowable building height.
d. 
Illumination. May be externally illuminated consistent with Section 17.316.050.C.
e. 
Permit required. No.
f. 
Additional requirements.
(i) 
Attached to flag pole. A flag shall be securely attached to a flag pole.
(ii) 
Vertical clearance. Minimum eight feet from bottom of the flag to finished grade.
4. 
Monument signs. A monument sign is an independent, freestanding sign supported on the ground having a solid base (as defined in Chapter 17.712).
Figure 17.316.060.5
-Image-27.tif
The following standards apply to monument signs (see Figure 17.316.060.5):
a. 
Maximum number. Residential: See Table 17.316.060.A; Non-residential: two per street frontage per parcel with a minimum separation of 100 feet (see Subsection 4.f.iv).
b. 
Maximum area. Residential: See Table 17.316.060.A; Non-residential: 60 square feet (for each monument sign).
c. 
Maximum height. Residential: see Table 17.316.060.A; Non-residential: eight feet.
d. 
Illumination. Residential: limited, external, and must be directed downwards; Non-residential: may be internally or externally illuminated consistent with Section 17.316.050.C.
e. 
Permit required. Residential: see Table 17.316.060.A; Non-residential: a Sign Permit is required in compliance with Chapter 17.540 (Sign Permit and Sign Program).
f. 
Additional requirements.
(i) 
Setback. Minimum one foot from a property line in non-residential zones, and a minimum of five feet from a property line in residential zones.
(ii) 
Landscaping. Monument signs shall be located within a minimum 70 square foot landscape area.
(iii) 
Base width. Monument signs larger than four square feet or taller than three feet include a sign base with an aggregate width of at least 40% of the width of the sign face. See Figure 17.316.030.2.
(iv) 
Separation. Multiple monument signs should be separated by a minimum of 100 feet to ensure adequate visibility for all signs. The Director may modify this requirement to where the locations of existing signs on adjacent properties would make the 100-foot separation impractical.
(v) 
Monument signs are prohibited in the OTC Zone.
5. 
Parking lot signs. A parking lot sign is a sign placed or displayed in parking lots to supply information to people using such lots, including information with respect to liability as well as entry, exit, and directional information, handicapped parking requirements, and other information to facilitate the safe movement of vehicles served by the parking area (as defined in Chapter 17.712).
Figure 17.316.060.6
-Image-28.tif
The following standards apply to parking lot signs (see Figure 17.316.060.6):
a. 
Maximum number. Two per parcel.
b. 
Maximum area. Four square feet.
c. 
Maximum height. Three feet.
d. 
Illumination. May be internally or externally illuminated consistent with Section 17.316.050.C.
e. 
Permit requirement. A Sign Permit is required in compliance with Chapter 17.540 (Sign Permit and Sign Program).
f. 
Additional requirement. A maximum of one parking lot sign at each driveway.
6. 
Projecting signs. A projecting sign is a sign projecting from and supported by a wall or building with the display surface of the sign perpendicular to the wall or building (as defined in Chapter 17.712).
Figure 17.316.060.7
-Image-29.tif
The following standards apply to projecting signs (see Figure 17.316.060.7):
a. 
Maximum number. One per business entrance.
b. 
Maximum area. 12 square feet.
c. 
Maximum height. 14 feet above finished grade.
d. 
Illumination. May be externally illuminated consistent with Section 17.316.050.C.
e. 
Permit required. A Sign Permit is required in compliance with Chapter 17.540 (Sign Permit and Sign Program).
f. 
Additional requirements.
(i) 
Vertical clearance. Minimum eight feet from bottom of the sign to finished grade below.
(ii) 
Projecting into public right-of-way. May encroach into the City right-of-way a maximum of three feet if approval is obtained from the City Engineer and a City Encroachment Permit is issued. Signs may not encroach into State right-of-way unless authorized by the State.
(iii) 
Projecting signs shall not extend more than five feet from a structure wall.
(iv) 
Projecting signs shall be double-sided.
(v) 
Projecting signs in the OTC Zone are subject to the supplemental standards in Section 17.316.080.D.2.
7. 
Suspended signs. A suspended sign is a sign that is suspended from the underside of an eave, canopy, awning, arcade, or other covered walkway (as defined in Chapter 17.712).
Figure 17.316.060.8
-Image-30.tif
The following standards apply to suspended signs (see Figure 17.316.060.8):
a. 
Maximum number. One per business entrance.
b. 
Maximum area. Eight square feet.
c. 
Maximum height. Sign is limited to ground level businesses only.
d. 
Illumination. May be externally illuminated consistent with Section 17.316.050.C.
e. 
Permit required. A Sign Permit is required in compliance with Chapter 17.540 (Sign Permit and Sign Program).
f. 
Additional requirement—Vertical clearance. Minimum eight feet from bottom of the sign to finished grade.
8. 
Wall signs. A wall sign is a sign attached to or painted to the exterior wall of a building or structure with the display surface of the sign approximately parallel to the building or structure wall (as defined in Chapter 17.712).
Figure 17.316.060.9
-Image-31.tif
The following standards apply to wall signs (See Figure 17.316.060.9):
a. 
Maximum number. Residential: one per street frontage or one per parcel; Non-Residential: two per building façade, with a maximum of four per building. Multi-tenant buildings may have at least one sign per tenant.
b. 
Maximum area. Residential: 24 square feet or four square feet; Non-Residential: Two square feet per one lineal foot of street frontage. If the building does not have street frontage then the sign square footage area is based on business frontage. Each business is allowed a total wall sign area of at least 25 square feet regardless of the street frontage.
c. 
Maximum height. Sign is not to be displayed above the second story.
d. 
Illumination. Residential: limited, external, and directed downwards; Non-Residential: may be internally or externally illuminated and must be consistent with Section 17.316.050.C.
e. 
Permit required. A Sign Permit, in compliance with Chapter 17.540 (Sign Permit and Sign Program), may or may not be required (see Tables 17.316.060.A and 17.316.060.B).
f. 
Additional requirements.
(i) 
Maximum sign height. Top of sign maximum 25 feet above ground level.
(ii) 
Projection. A wall sign shall not project more than eight inches from the surface to which it is attached,
(iii) 
Sign width. Maximum 60% width of building façade or business frontage.
9. 
Window signs, permanent. A permanent window sign is a sign placed on or behind a window facing a public way. Window signs do not include common wall windows on the inside of a building not visible by the general public from any public right-of-way or any public area (as defined in Chapter 17.712).
Figure 17.316.060.10
-Image-32.tif
The following standards apply to permanent window signs (see Figure 17.316.060.10):
a. 
Maximum number. Not applicable.
b. 
Maximum area. 30% of window area in all non-residential zones and 25% in the OTC Zone (see Section 17.316.080.D.3).
c. 
Maximum height. Not applicable.
d. 
Illumination. May be internally illuminated consistent with Section 17.316.050.C.
e. 
Permit required. A Sign Permit is required in compliance with Chapter 17.540 (Sign Permit and Sign Program).
f. 
Additional requirement. Transparent window signs may be excluded from window size calculations subject to review and approval by the Director.
(Ord. 1670(19) § 11)

§ 17.316.070 Temporary Signs.

A. 
Purpose. In addition to the purpose of this Chapter (Section 17.316.010), the Council finds that the proliferation of temporary signs is a distraction to the traveling public and creates aesthetic blight and litter that threatens the public's health, safety, and welfare. The purpose of these regulations is to ensure that temporary signs do not create a distraction to the traveling public by eliminating the aesthetic blight and litter caused by temporary signs.
B. 
General to All Temporary Signs. Temporary signs are allowed only in compliance with the provisions of this Section.
1. 
Temporary sign types not listed in Table 17.316.070.A are not allowed (see Section 17.316.020.B Interpretations).
2. 
Temporary signs shall be well-maintained consistent with Section 17.316.050.D (Sign Design and Materials).
3. 
Temporary signs shall not include attachments, including, but not limited to, balloons, pennant flags, ribbons, loudspeakers, etc.
4. 
Temporary signs are not counted toward the total (permanent) allowable sign area or number.
C. 
Temporary Sign Standards for Non-Residential Zones. Temporary signs in Non-Residential Zones are allowed as provided in Table 17.316.070.A. The signs in Table 17.316.070.A are allowed in any combination unless otherwise noted in this Section.
Table 17.316.070.A: Temporary Sign Standards for Non-Residential Zones
Sign Type
Maximum Number
Maximum Area
Maximum Height
Lighting Allowed?
Sign Permit Required?
Additional Requirements
Banner Sign
1 per business frontage
36 s.f. or 10% of business frontage on which banner is placed, whichever is greater1
n/a
no
no (signs≤ 32 s.f.)
yes2 (signs > 32 s.f.)
17.316.070.D.1
Bus Bench Sign
1 sign per bus bench
8 s.f. and not to extend beyond the exterior limits of the bench backrest, whichever is smaller
n/a
no
yes
17.316.070.D.2
Portable Sign
1 per business
6 s.f.
3 ft.
no
no
17.316.070.D.3
Window Sign
n/a
50% of window area3
n/a
no
no
17.316.070.D.4
Yard Sign
10 per business frontage;
10 per vacant lot
32 s.f.
6ft (lots < 1 acre)
8ft (lots ≥ 1 acre)
no
no
17.316.070.D.5
Notes:
1
For the purposes of calculating allowed banner sign area, the height of a business frontage shall be eight feet regardless of existing conditions.
2
The permit will not require a fee.
3
In no event shall more than 50% of the total window area be covered by signage, including permanent and temporary window signs.
D. 
Standards by Sign Type. As listed in, and in addition to the standards in Table 17.316.070.A, signs shall comply with the following standards applicable to the specific sign type. Each sign shall also comply with all other applicable provisions of this Chapter.
1. 
Banner signs. A banner sign is a temporary sign composed of cloth, canvas, plastic, fabric, or similar lightweight, non-rigid material that can be mounted to a structure with cord, rope, cable, or similar method (as defined in Chapter 17.712).
Figure 17.316.070.1
-Image-33.tif
The following standards apply to banner signs (See Figure 17.316.070.1):
a. 
Maximum number. One per business frontage.
b. 
Maximum area. 36 square feet or 10% of business frontage on which the banner is placed, whichever is greater. For the purposes of calculating allowed banner sign area, the height of a business frontage shall be eight feet regardless of existing conditions.
c. 
Maximum height. Not applicable.
d. 
Illumination. Not allowed.
e. 
Permit required. If sign is less than or equal to 32 square feet: no. If sign is greater than 32 square feet: yes, provided that there shall be no fee for the permit.
f. 
Additional requirements.
(i) 
Banners shall be affixed to a permanent structure (i.e., cannot be freestanding, such as mounted on temporary posts).
(ii) 
A banner may be displayed for no longer than 60 consecutive days, twice per calendar year. A minimum of 60 days is required between the two 60-day display periods. A new business is allowed to have one banner for up to 90 consecutive days to allow time for a permanent sign to be installed.
(iii) 
Banners shall not project above the edge of the roof of a structure.
(iv) 
Banners shall be well-maintained (not torn, bent, faded, or dirty) and securely affixed at all corners.
(v) 
Banners shall be professionally crafted.
2. 
Bus bench signs. A bus bench sign is a temporary message located on the backrest of a City bus bench (as defined in Chapter 17.712).
Figure 17.316.070.2
-Image-34.tif
The following standards apply to bus bench signs (see Figure 17.316.070.2):
a. 
Maximum number. One sign per bus bench.
b. 
Maximum area. Eight square feet and not to extend beyond the exterior limits of the bench backrest, whichever is smaller.
c. 
Maximum height. Not applicable.
d. 
Illumination. Not allowed.
e. 
Permit required. A Sign Permit is required in compliance with Chapter 17.540 (Sign Permit and Sign Program).
f. 
Additional requirement. Bus bench signs may be allowed within City right-of-way with the approval of an Encroachment, Sign Permit, and any indemnification required to the City Attorney. Bus bench signs may also be allowed within the State right-of-way, subject to State review and approval in addition to City Sign Permit issuance.
3. 
Portable signs. A portable sign is a sign that rests on the ground and is not designed to be permanently attached to a building or permanently anchored to the ground, including, but not limited to, A-frame and H-frame signs. Portable signs do not include pole or wooden post signs (as defined in Chapter 17.712).
Figure 17.316.070.3
-Image-35.tif
The following standards apply to portable signs (See Figure 17.316.070.3):
a. 
Maximum number. One per business.
b. 
Maximum area. Six square feet.
c. 
Maximum height. Three feet.
d. 
Illumination. Not allowed.
e. 
Permit required. No.
f. 
Additional requirements.
(i) 
In non-residential zones, a portable sign shall be located at a maximum of 10 feet from the primary business entrance.
(ii) 
Portable signs shall be removed at the close of business.
(iii) 
Portable signs shall be professionally crafted and constructed of durable, weather-resistant materials (not subject to damage or fading from weather).
(iv) 
Portable signs shall be of sufficient weight and durability to withstand wind gusts, storms, etc.
(v) 
Portable signs shall not be located in any landscaping area and shall not encroach into required parking areas, interfere with pedestrian traffic or ADA access, create traffic hazards, or cause a nuisance or hazard.
(vi) 
Portable signs in the OTC Zone are subject to the supplemental standards in Section 17.316.080.D.1.
4. 
Window signs, temporary. A temporary window sign is a sign placed on or behind a window facing a public way. Window signs do not include common wall windows or the inside of a building not visible by the general public from any public right-of-way or any public area (as defined in Chapter 17.712). See Figure 17.316.060.10.
The following standards apply to temporary window signs:
a. 
Maximum number. Not applicable.
b. 
Maximum area. 50% of the window area. In no event shall more than 50% of the total window area be covered by signage, permanent, or temporary.
c. 
Maximum height. Not applicable.
d. 
Illumination. Not allowed.
e. 
Permit required. No.
f. 
Additional requirements.
(i) 
Temporary window signs may be displayed for no longer than 60 days.
(ii) 
Transparent window signs may be excluded from window sign size calculations subject to review by approval of the Director.
5. 
Yard signs. A yard sign is any temporary sign placed in the ground or attached to a supporting structure, posts, or poles, that is not attached to any building, not including banners (as defined in Chapter 17.712).
Figure 17.316.070.4
-Image-36.tif
Figure 17.316.070.5
-Image-37.tif
Figure 17.316.070.6
-Image-38.tif
The following standards apply to yard signs (see Figures 17.316.070.4, 17.316.070.5, and 17.316.070.6):
a. 
Maximum number. 10 per business frontage. 10 per vacant lot.
b. 
Maximum area. 32 square feet.
c. 
Maximum height. If lot size is less than one acre: six feet; if lot size is greater than or equal than or equal to one acre: eight feet.
d. 
Illumination. Not allowed.
e. 
Permit required. No.
f. 
Additional requirements.
(i) 
Yard signs shall maintain a minimum one-foot setback from property lines.
(ii) 
Yard signs shall be installed securely in the ground.
(Ord. 1670(19) § 11; Ord. 1679(21) § 11)

§ 17.316.080 Supplemental Sign Standards for the Old Town Commercial Zone.

A. 
Purpose. The additional sign standards provided in this Section for the Old Town Commercial (OTC) Zone are intended to recognize, preserve, and promote the inherent and unique qualities of Lompoc's historic Old Town area, which is an integral part of the City's economic stability and growth. The area designated as the OTC Zone is characterized by smaller lots and lot frontages and structures representative of the early development of the City.
B. 
Applicability.
1. 
These standards apply to the OTC Zone.
2. 
The standards provided in this Section shall be applied in addition to the standards and requirements otherwise established in this Chapter. If conflicts occur between this Section and other Sections of this Chapter, this Section (17.316.080) shall control.
C. 
Additional Findings. In addition to the findings required in Section 17.540.050 (Findings and Decision), signs proposed in the OTC Zone shall be reviewed and approved based on consistency with the following findings:
1. 
Signs are representative of, or complementary to, the character of the surrounding district and adjacent architecture, as well as of the structure on which they appear, when considered in terms of scale, color, materials, lighting levels, and adjoining uses;
2. 
Signs are in proper scale to the business frontage on which they are displayed and clearly identify the business;
3. 
Sign elements on suspended signs, wall signs, and projecting signs not made of flexible material have relief or three-dimensional form (i.e., varied physical depth, projections, relief, or recesses); and
4. 
Signs are made of high quality and durable materials appropriate for an urban setting.
D. 
Supplemental Sign Standards.
1. 
Portable signs. The following standards apply to portable signs (Figure 17.316.070.3), in addition to the standards in Table 17.316.070.A. and Section 17.316.070.D.3.
a. 
Portable signs are allowed in the City right-of-way in the OTC Zone with an Encroachment Permit, provided the sign does not interfere with vehicular or pedestrian movement or wheelchair access to, through, and around the parcel on which the sign is located, or create traffic hazards. A minimum access width of six feet shall be maintained along all sidewalks and building entrances accessible to the public.
b. 
The placement of a portable sign in the City right-of-way requires the business, person, or entity responsible for placing the sign to indemnify and hold harmless the City from any action or expense that may occur as a result of a portable sign being located on any sidewalk or City right-of-way, satisfactory to the City Attorney. The Encroachment Permit shall not be issued until the City Attorney has determined that this requirement has been complied with. Portable signs for any business that fails to indemnify the City shall be deemed illegal, nonconforming, and shall be removed.
2. 
Projecting signs. The following standards apply to projecting signs (Figure 17.316.080.1), in addition to the standards in Table 17.316.060.B. and Subsection 17.316.060.C.6. If conflicts occur between requirements of this Paragraph and other standards in this Chapter, this Paragraph shall control.
Figure 17.316.080.1
-Image-39.tif
a. 
Projecting signs may be made of a flexible lightweight material permanently mounted on a building.
b. 
Projecting signs shall not extend more than five feet from the building or one third the width of a public sidewalk, whichever is less.
c. 
Projecting signs shall not be used in lieu of permanent signage.
3. 
Window signs. Window signs, including both permanent and temporary window signs, in the OTC Zone shall not exceed 25% of the total area of the window in which they are displayed.
E. 
Prohibited Sign Types. In addition to prohibited signs listed in Section 17.316.040 (Prohibited Signs and General Restrictions for All Signs), monument signs are prohibited in the OTC Zone.
(Ord. 1670(19) § 11)

§ 17.316.090 Landmark Signs.

A. 
Purpose and Intent. The Landmark Sign standards are intended to provide for the preservation of the City's unique character, history, and identity as reflected in its historic and iconic signs.
B. 
Landmark Sign Designation Criteria. Signs which may be unusual, significant, or meaningful to the City streetscape and the City's history may be worthy of special recognition and may be designated as a Landmark Sign in compliance with Chapter 17.616 (Designation of Landmarks).
(Ord. 1670(19) § 11)

§ 17.316.100 Nonconforming Signs.

A. 
Applicability. This Section applies to any permanent or temporary sign, including its physical structure and supporting elements, which was lawfully erected and maintained in compliance with all applicable laws in effect at the time of original installation, but which does not now comply with the provisions of this Chapter.
B. 
Allowed Modifications to Nonconforming Signs. The following modifications to nonconforming signs are allowed:
1. 
A nonconforming sign may be continued and shall be maintained in good condition as required by this Chapter, unless provided otherwise in this Section.
2. 
Sign copy and face changes, non-structural modifications, and non-structural maintenance (e.g., paining and rust removal) are allowed so long as there is no alteration to the physical structure of support elements of the sign. Changes to sign copy and the sign face require a Sign Permit in compliance with Chapter 17.540 (Sign Permit and Sign Program).
3. 
A nonconforming sign may be restored to its original condition if 50% or less of the sign is damaged, provided that the restoration is started within 90 days of the damage occurring and is diligently pursued to completion. A nonconforming sign is deemed to be more than 50% damaged if the estimated cost of reconstruction or repair exceeds 50% of the replacement cost as determined by the Director. Destruction may be voluntary or as required by law.
C. 
Prohibited Modifications to Nonconforming Signs. A nonconforming sign shall not be:
1. 
Changed to another nonconforming sign;
2. 
Structurally altered to extend its useful life;
3. 
Altered unless required by law or unless the alteration results in the elimination of the nonconformity;
4. 
Enlarged;
5. 
Moved or replaced; or
6. 
Re-established after damage or destruction to 50% or more of the sign (i.e., if the estimated cost of reconstruction or repair exceeds 50% of the replacement cost as determined by the Director).
D. 
A nonconforming sign shall be removed or modified to comply with this Chapter if the following occurs:
1. 
Any modifications prohibited by Section 17.316.100.C are made to the sign;
2. 
The sign is temporary;
3. 
The sign is or may become a danger to the public or is unsafe; or
4. 
The sign constitutes a traffic hazard not created by the relocation of streets or by acts of the City.
E. 
Exceptions. The following are exceptions to the requirements of this Section.
1. 
The review authority may grant an exception to the requirements of this Section only after finding that the new proposal sign or alteration to the existing nonconforming sign is significantly more conforming to the provisions of this chapter than the existing nonconforming sign.
2. 
The City shall not require the removal of any nonconforming sign on the basis of its height or size by requiring conformance with this Chapter if special topographic circumstances would result in a material impairment of visibility of the sign or the applicant's or user's ability to adequately and effectively continue to communicate with the public through the use of the sign. Special topographic circumstances include, but are not limited to, terrain, contours, off-site structures, streets, and other off-site impediments as determined by the Director. In compliance with these circumstances, the applicant or user may maintain the sign, including change of copy, at the business premises and at a location necessary for continued public visibility at the height or size at which the sign was previously erected consistent with Business and Professions Code § 5499.
3. 
Landmark signs are not subject to the requirements of this Section.
F. 
Amortization of Nonconforming Signs and Inventory. All nonconforming signs shall have a useful and legal life of 15 years, after which they may be removed in compliance with the requirements of the California Business and Professions Code. As often as may be desirable, but no less frequently than required by State law, the Director shall authorize an identification and inventory of all illegal and abandoned signs within the City in compliance with the requirements of State Law.
(Ord. 1670(19) § 11)

§ 17.316.110 Enforcement.

It is unlawful to erect, construct, enlarge, alter, repair, display, or use a sign within the City contrary to, or in violation of, any provision of this Chapter. The requirements of this Chapter shall be enforced in compliance with the applicable provisions of Chapter 17.624 (Enforcement) and Chapter 17.628 (Property Nuisances).
A. 
The City may not require the removal of the structure of an abandoned sign provided that the structure conforms to the applicable requirements of this Chapter, but the sign copy shall be removed. The City maintains this discretion due to the cost associated with replacement of a sign structure by a future business or property owner.
(Ord. 1670(19) § 11)

§ 17.320.010 Purpose.

The provisions of this Chapter are intended to incentivize development of affordable housing, implement the goals and policies of the Housing Element of the General Plan, and ensure compliance with State Government Code § 65915 et seq., as may be amended.
(Ord. 1670(19) § 11)

§ 17.320.020 Applicability.

A. 
In compliance with Government Code § 65915 et seq., the provisions of this Chapter shall apply to all development, including mixed-use projects, within any zone where five or more residential dwelling units are proposed and where the applicant agrees to satisfy one or more of the following criteria:
1. 
At least 10% of the units are designated for low-income households, as defined in § 50079.5 of the Health and Safety Code;
2. 
At least five percent of the units are designated for very low-income households, as defined in Section 50105 of the Health and Safety Code;
3. 
100% of the units are designated for senior citizens as defined in Sections 51.3 and 51.12 of the Civil Code, or mobile home park that limits residency based on age requirements for housing for older persons in compliance with § 798.76 or 799.5 of the Civil Code;
4. 
At least 10% of the total dwelling units are in a common interest development as defined in Section 4100 of the Civil Code for persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, provided that all units in the development are offered to the public for purchase;
5. 
At least 10% of the total units of a housing development for transitional foster youth, as defined in Section 66025.9 of the California Education Code, disabled veterans, as defined in Government Code § 18541, or homeless persons, as defined in the Federal McKinney-Vento Homeless Assistance Act (42 U.S.C § 11301 et seq.). These units shall be provided at the same affordability level as very low-income units; or
6. 
At least 20% of the total units of a student housing development for lower income students, as defined in Section 65915(b)(1)(F)(II) of the California Government Code.
B. 
An applicant shall be ineligible for a density bonus or any other incentive allowed by this Chapter if the housing development is proposed on any site that includes, or included in the last five years, rental dwelling units that are not replaced consistent with Government Code § 65915(c)(3).
(Ord. 1670(19) § 11)

§ 17.320.030 Allowed Density Bonuses.

A. 
Applicant Election. The Applicant shall elect under which criteria identified in Section 17.320.020.A the density bonus shall be awarded.
B. 
Density Bonus Calculation. All density calculations resulting in fractional units shall be rounded up the next whole number consistent with Government Code § 65915(q). The density bonus units shall not be included when determining the number of dwelling units used to satisfy the criteria in Section 17.320.020.A. The applicant may select from only one of the income categories identified in Table 17.320.030.A (Density Bonuses) and may not combine density bonuses from different income categories to achieve a larger density bonus.
C. 
Density Bonuses. For projects meeting the criteria of Section 17.320.020 (Applicability), an increase in density over the otherwise maximum allowable residential density shall be awarded as indicated in Table 17.320.030.A (Density Bonuses).
Table 17.320.030.A Density Bonuses
Affordability Category
Min. % Affordable Units
Base Density Bonus
Additional Density Bonus for Each 1% Increase in Affordable Units
Maximum Density Bonus
Affordable Housing
Very Low Income
5%
20%
2.5%
35%
Low Income
10%
20%
1.5%
35%
Moderate Income
10%
5%
1.0%
35%
Senior Citizen Housing
100% Senior Housing Development or Mobile Home Park for Seniors
100%
20%
N/A
20%
Transitional Foster Youth, Disabled Veterans, Homeless Housing
Very Low Income
10%
20% of the number of the type of units giving rise to this density bonus (Government Code § 65915(f)(3)(B))
Student Housing1
Lower Income
20%
35% of the student housing units (Government Code § 65915(f)(3)(C))
Land Donation2
Very Low Income
10%3
15%
1.0%
35%
Notes:
1
The student housing development must comply with the requirements of State Government Code § 65915(b)(1)(F).
2
The land donation must comply with the requirements of State Government Code § 65915(g)(2).
3
The developable acreage and zoning of the donated land must be sufficient to permit construction of very low-income units in an amount of not less than 10% of the number of residential units in the proposed development.
D. 
Floor Area Ratio Bonus In Lieu of Density Bonus. Consistent with Government Code § 65917.2, upon the developer's request, the City may grant the developer of an eligible housing development a floor area ratio bonus in lieu of a density bonus. The floor area ratio bonus shall be calculated in compliance with Government Code § 65917.2(b)(2).
(Ord. 1670(19) § 11)

§ 17.320.040 Density Bonuses and Incentives for Housing with Child Care Facilities.

A. 
Projects meeting the criteria of Section 17.320.020 (Applicability), that also include a child care facility, shall be granted either an additional bonus in an amount of square feet of residential floor area equal to the amount of square feet in the child care facility, or an additional incentive as described in Section 17.320.070 (Allowed Incentives), that significantly contributes to the economic feasibility of constructing the child care facility.
B. 
The requirements of Government Code § 65915(h)(2) shall be included as conditions of project approval.
(Ord. 1670(19) § 11)

§ 17.320.050 Density Bonuses and Incentives for Housing with Condominium Conversions.

In compliance with Government Code § 65915.5, when an applicant's residential development project is the conversion of an existing apartment complex to a condominium complex, the applicant agrees to make at least 33% of the total units of the proposed condominium residential development project affordable to low- or moderate-income households as defined in Health & Safety Code § 50093, or 15% of the total units of the proposed condominium residential development project to lower income households as defined in Health & Safety Code § 50079.5, and agrees to pay for the administrative costs incurred by the City related to process the application and monitor the future status of the affordable housing units, the City shall either: (1) grant a density bonus of 25% over the number of apartments; or (2) provide other incentives of equivalent financial value to be determined by the City. The City may impose reasonable conditions on the granting of a density bonus or incentive pursuant to Government Code § 65915.5(a). Condominium conversions shall also comply with the requirements of Section 17.404.160 (Multi-Family Housing—Condominium Conversion).
(Ord. 1670(19) § 11)

§ 17.320.060 Development Standards.

A. 
Availability. All designated affordable housing units shall be made available to qualified occupants at the same time as the market-rate housing units are made available within the same project.
B. 
Time Period of Affordability. The time period in which a unit is considered affordable shall be in compliance with Section 17.324.080 (Eligibility, Continued Affordability).
C. 
Establishment of Rents and Affordable Housing Cost. Rents for lower income density bonus units shall be set at an affordable rent as defined in Section 50053 of the Health and Safety Code. For-sale units that qualified the applicant for a density bonus shall be offered at an affordable housing cost and shall have an equity sharing agreement, both as described in Government Code § 65915(c)(2).
D. 
Design Quality. The design quality for affordable units shall be in compliance with Section 17.324.070 (Design Standards).
E. 
Parking Requirements for Qualified Projects. An applicant for a project that meets the requirements of Section 17.320.020 (Applicability) shall not be required to provide parking in addition to that required by Government Code § 65915(p).
(Ord. 1670(19) § 11)

§ 17.320.070 Allowed Incentives.

A. 
Number of Incentives. A qualified project, as described in Section 17.320.020 (Applicability), shall be granted between one and three incentives according to Table 17.320.070.A (Incentives), and as described in Subsection B (List of Incentives).
Table 17.320.070.A Incentives
Affordability Category
Number of Incentives
One
Two
Three
Very Low Income
5-9%
10-14%
15% or greater
Low Income
10-19%
20-29%
30% or greater
Moderate Income
10-19%
20-29%
30% or greater
Set aside calculation rounded up to the next whole number.
B. 
List of Incentives. Applicants may select from the incentives listed below:
1. 
Setback.
a. 
Up to a 20% modification from side setback requirements.
b. 
Up to a 35% modification of front and rear setback requirements. All setback modifications shall count as one incentive.
2. 
Building height. Up to a 10-foot increase in height.
3. 
Floor area ratio. Up to a 20% increase in allowable floor area ratio.
4. 
Other incentives. A qualified development may also request incentives not listed above in compliance with Government Code § 65915(d), (k), and (l).
(Ord. 1670(19) § 11)

§ 17.320.080 Application Requirements.

A. 
Required Project Information. The applicant requesting a density bonus or incentive under the provisions of this Chapter shall provide the following information:
1. 
The total number of base units.
2. 
The number of proposed affordable housing units and the percent density bonus proposed.
3. 
The affordability category and level(s) of the proposed affordable housing units as identified in Table 17.320.030.A.
4. 
The unit types (one-bedroom, two-bedroom, etc.) and sizes proposed for both market rate and affordable units.
5. 
Description of whether the units will be restricted by age, and if so, the proposed age restriction (e.g., 62 years of age or older).
6. 
Location of affordable units within the projects.
7. 
Construction schedule and phasing plan.
8. 
The specific incentive(s) sought, as described in Section 17.320.070 (Allowed Incentives), if any. The applicant may provide documentation regarding the necessity of the incentive(s) in order to provide affordable housing costs or rents.
9. 
Proposed number of parking spaces for both the market rate and affordable units.
10. 
If requesting a density bonus based on land donation in compliance with State Government Code § 65915(g), information sufficient to permit the City to determine that the proposed donation conforms with the requirements of Section 65915 and this Code.
11. 
If requesting a density bonus or incentive based on the provision of a child care facility in compliance with State Government Code § 65915(h), information sufficient to permit the City to determine that the proposed child care facility conforms with the requirements of Government Code § 65915 and this Code.
12. 
Any other information identified by the City's official application form.
B. 
Existing Housing Projects. An application in compliance with this Chapter, which involves rehabilitation and/or conversion of an existing housing project to an affordable housing development or which involves conversion of an approved, unbuilt housing project to an affordable housing development, shall be in compliance with Chapter 17.556 (Permit Modification and Revocation).
(Ord. 1670(19) § 11)

§ 17.320.090 Review and Approval.

A. 
The granting of a density bonus or an incentive shall not, in and of itself, be interpreted to require a General Plan or Code amendment.
B. 
Finding for Denial of an Incentive. The review authority shall grant the incentive(s) requested by the applicant, unless a written finding is made, based upon substantial evidence, consistent with Government Code § 65915(d)(1). The City shall bear the burden of proof for denial (Government Code § 65915(d)(4)).
C. 
Pre-Application (optional). A developer of a proposed housing development, in compliance with this Chapter, may submit a pre-application consistent with Chapter 17.504 (Application Processing Procedures).
1. 
A pre-application for a project that includes a density bonus request consistent with this Chapter shall include the following information as a minimum:
a. 
A brief description of the proposed housing development, including the total number of units, affordable units, and density bonus units proposed;
b. 
The zoning and General Plan designation(s) and assessor's parcel number(s) for the project site;
c. 
A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveways, and parking layout; and
d. 
If an incentive is requested, the application may describe why the incentive is necessary to provide the minimum number of affordable units.
2. 
Within 90 days after receipt of the pre-application, the City shall provide to the developer a letter which identifies project issues of concern and the procedures for compliance with this Chapter.
(Ord. 1670(19) § 11)

§ 17.320.100 Density Agreement.

A. 
Agreement Required. Consistent with Government Code § 65917, an applicant requesting a density bonus and/or incentives or concessions shall agree to enter into a density bonus agreement with the City in a form approved by the Council. The agreement shall be consistent with any construction or mortgage financing assistance program, mortgage insurance program, rental subsidy program, or other similar grant program requirements or terms, and with Government Code § 65915.
B. 
Execution of Agreement.
1. 
Following approval of the agreement, and execution of the agreement by all parties, the City shall record the completed agreement on the parcels designated for the construction of designated dwelling units, at the County Recorder's office.
2. 
The approval and recordation shall take place at the same time as the final map or, where a map is not being processed, before the issuance of a Building Permit for the designated dwelling units.
3. 
The agreement shall be binding on all future owners, developers, and/or successors-in-interest for the specified term.
(Ord. 1670(19) § 11)

§ 17.320.110 Indemnity.

The developer of a housing development shall defend, indemnify and hold the City, its officials and employees harmless from any and all claims of damages or injuries arising from developer's obtaining entitlements and permits, developer's construction, maintenance, operation, use or sale of the housing development, or any act or omission of the developer, its officers, employees or agents, and from any and all expenses, liabilities, costs, and reasonable attorney fees incurred on account of any claims, action, or proceeding brought against the City, its officials, officers and employees in connection with the housing development.
(Ord. 1670(19) § 11)

§ 17.324.010 Purpose.

A. 
To implement State law that declares local governments have a responsibility to exercise their powers to facilitate the development of housing to adequately provide for the housing needs of all economic segments of the community, as stated in Government Code Section 65580.
B. 
Implement the policies of the Housing Element to establish means for the development of housing that is affordable to a broad range of households with varying income levels, including extremely low-, very low-, low-, and moderate-income households.
(Ord. 1670(19) § 11)

§ 17.324.020 Applicability.

A. 
Inclusionary housing shall be required in the following residential developments:
1. 
Residential developments outside the Old Town Redevelopment Project, Amendment No. 2 Area. Residential developments of 10 units or more that are not exempt pursuant to Subsection B, and that are outside of the Old Town Redevelopment Project, Amendment No. 2 Area, shall be required to comply with inclusionary housing requirements in compliance with Section 17.324.030.A unless an alternative method of compliance, per Section 17.324.040 (Alternative Methods of Compliance), is approved by the review authority.
2. 
Residential developments within the Old Town Redevelopment Project, Amendment No. 2 Area. Within the Old Town Redevelopment Project, Amendment No. 2 Area, residential developments shall be required to comply with inclusionary housing requirements in compliance with Section 17.324.030.B, unless an alternative method of compliance, per Section 17.324.040 (Alternative Methods of Compliance), is approved by the review authority.
B. 
Exemptions. The following developments are exempt from the inclusionary housing requirement of this Chapter:
1. 
Live/work units.
2. 
Accessory dwelling units and junior accessory dwelling units.
3. 
Mobile homes.
4. 
Emergency shelters and any development operated by a non-profit or social services organization to provide food storage, meal service, and/or temporary shelter to the homeless.
5. 
Residential care homes.
6. 
Transitional housing.
7. 
Supportive housing.
(Ord. 1670(19) § 11; Ord. 1685(21) § 4; Ord. 1702(23) § 7)

§ 17.324.030 Inclusionary Requirements.

A. 
Residential Development Outside of Old Town Redevelopment Project, Amendment No. 2 Area.
1. 
A minimum of 10% of the total units shall be affordable units restricted for occupancy by target income groups, in compliance with Section 17.324.080 (Eligibility, Continued Affordability).
2. 
The on-site unit(s) required to satisfy the inclusionary housing requirement shall meet or exceed the housing quality standards described in Section 17.324.070.B (Design Quality) unless a waiver or modification to those standards has been approved by the review authority.
B. 
Residential Development Projects within the Old Town Redevelopment Project, Amendment No. 2 Area. A minimum of 15% of new housing affordable to low- and moderate-income households. A minimum of 40% of the required affordable units shall qualify for very low-income households.
C. 
Inclusionary Calculations, Fractional Units. In determining the number of whole inclusionary housing units required, any fraction above 0.1 shall be deemed a requirement for one additional affordable unit. The housing in-lieu fee shall be calculated on the number of affordable housing units required in the residential development.
(Ord. 1670(19) § 11)

§ 17.324.040 Alternative Methods of Compliance.

A. 
Where it is not feasible or desirable for an applicant to meet the inclusionary housing requirements, the applicant may request, as part of the project application, the use of alternative compliance methods, which shall then be considered by the review authority under Subsection B. Such alternative compliance methods may include, but are not limited to, the following:
1. 
Housing in-lieu fee. Residential developments may choose to satisfy the inclusionary requirement by payment of a housing in-lieu fee. The housing in-lieu fee may be used to satisfy the entire inclusionary requirement or a portion of the inclusionary requirement.
a. 
Per-unit housing in-lieu fee.
(i) 
The per-unit housing in-lieu fee shall be equal to the maximum amount of financial assistance available to a single applicant under the Homebuyer Assistance Program, as established by a resolution of the City Council, plus a 10% administrative fee. The maximum amount of financial assistance available to a single applicant under the Homebuyer Assistance Program shall be the sum of (a), (b), and (c), below, and shall be calculated in accordance with the formulas and assumptions stated in the Lompoc Affordable Housing Trust Fund Program Implementation Plan, as may be amended by resolution of the City Council. The per-unit housing in-lieu fee shall be the sum of (a), (b), (c), and (d), below.
(a) 
The difference between the average sale price of a market-rate three-bedroom home in the City of Lompoc and the maximum affordable purchase price for a four-person moderate-income household in the City of Lompoc;
(b) 
An allowance for inflation to cover potential increases in home prices over the 12 months following the calculation of the in-lieu fee;
(c) 
A closing cost grant, in an amount approved by City Council resolution, which shall not exceed the actual market rate for closing costs at the time the grant amount is adopted. Closing costs include, but are not limited to, loan origination and/or processing fees, appraisal, credit reports, prepaid hazard insurance and property taxes, and title and escrow fees; and
(d) 
An administrative fee equal to 10% of the sum of (a), (b), and (c). This administrative fee will be used to pay for the salaries and benefits of staff working directly with the Homebuyer Assistance Program, office supplies, program marketing, consulting costs, legal fees, audit charges, environmental fees, maintenance costs associated with properties received through default actions (including in-lieu of foreclosures), loan servicing costs, title, escrow and covenant monitoring costs.
(ii) 
The maximum amount of financial assistance available to a single applicant under the Homebuyer Assistance Program and the amount of the per-unit housing in-lieu fee shall be re-calculated and adopted annually in or around June of each year and shall be effective on July 1 of each year.
(iii) 
If the City terminates or temporarily suspends the Homebuyer Assistance Program, then the housing in-lieu fee shall, nonetheless, continue to be calculated and annually updated as described in subsections (i) and (ii) based on the formulas and assumptions in the last-adopted version of the Lompoc Affordable Housing Trust Fund Program Implementation Plan.
b. 
Total housing in-lieu fee. The total housing in-lieu fee shall be calculated by multiplying the required number of inclusionary units by the per-unit housing in-lieu fee.
c. 
Timing of payment. The housing in-lieu fee shall be paid in one of the following ways:
(i) 
In one lump sum at any time between approval of the project and issuance of the first Building Permit for a residential unit in the development, in which case the total housing in-lieu fee shall be based on the current in-lieu fee at the time of payment; or
(ii) 
On a pro rata basis, where the developer pays the in-lieu fee for one inclusionary unit for every 10 Building Permits issued for residential units for developments outside of the Old Town Redevelopment Project, Amendment No. 2 Area, or for every six Building Permits issued for residential units for developments in the Old Town Redevelopment Project, Amendment No. 2 Area. The project conditions of approval shall specify the payment schedule of in-lieu fees based on the prorated computation (e.g., for developments outside of the Old Town Redevelopment Project, Amendment No. 2 Area, the first in-lieu fee payment would be due prior to issuance of the Building Permit for the first unit, the second in-lieu fee payment would be due prior to issuance of the Building Permit for the eleventh unit, etc.; and for a development in the Old Town Redevelopment Project, Amendment No. 2 Area, the first in-lieu fee payment would be due prior to issuance of the Building Permit for the first unit, the second in lieu fee payment would be due prior to issuance of the Building Permit for the seventh unit, etc.). Each in-lieu fee payment shall be based on the current in-lieu fee at the time of payment; or
(iii) 
The developer may lock in the per-unit in-lieu fee at the amount of the fee at the time of first payment by paying 25% of the total in-lieu fee at any time between approval of the project and issuance of the first Building Permit for a residential unit in the development and then paying the remainder of the in-lieu fees as follows: After making the first payment, the developer shall then be required to pay the in-lieu fee for one inclusionary unit for every 10 Building Permits issued for residential units for developments outside of the Old Town Redevelopment Project, Amendment No. 2 Area, or for every six Building Permits issued for residential units for developments in the Old Town Redevelopment Project, Amendment No. 2 Area, unless such amount has already been paid as provided in the following paragraph.
For three years following the first payment on the anniversary of the first payment. and regardless of the number of Building Permits that have been issued, the developer shall make additional fee payments, as necessary, such that on the first anniversary the developer shall have paid at least 50% of the total in-lieu fee, on the second anniversary the developer shall have paid at least 75% of the total in-lieu fee, and on the third anniversary the developer shall have paid 100% of the total in-lieu fee. If the developer fails to maintain a payment balance in accordance with the previous sentence, then the amount of the in-lieu fee shall no longer be locked in and developer shall thereafter make payments in accordance with Subsection A.1.c.ii.
d. 
Payment non-refundable. The payment of in-lieu fees is non-refundable.
2. 
Off-site construction. Off-site affordable housing units may be proposed within the City limits to satisfy the inclusionary requirement for the development. Off-site housing units may include any combination of new units, new units created in existing structures, or acquisition and conversion of existing market-rate units to units that are affordable to target income groups. Off-site units shall meet the same requirements as if they were inclusionary (on-site) units (e.g., number, unit type and size, etc.).
3. 
Conveyance of land.
a. 
Criteria for conveyance of land. The dedication of land may be proposed to satisfy the housing mitigation requirement, if it can be determined by the City that all the following criteria have been met:
(i) 
Marketable title to the site is transferred to the City, or an affordable housing developer or non-profit approved by the City, no later than the approval of a final map or issuance of first Building Permit, in compliance with an agreement between the market-rate project developer and the City, and such agreement is in the best interest of the City.
(ii) 
The site has General Plan and zoning designations that authorize residential uses.
(iii) 
Infrastructure to serve the dedicated site, including, but not limited to, streets and public utilities, must be available at the property line, or will be made available prior to issuance of certification of occupancy.
(iv) 
Environmental review of the proposed site has been completed to allow full disclosure for the conveyance of the proposed site, including, but not limited to, an analysis of the site for the presence of hazardous materials; cultural and historical resources; and geological hazards and that such resources or hazards are or will be mitigated to the satisfaction of the City prior to acceptance of the site by the City.
(v) 
The value of the site upon the date of conveyance is equal to or greater than the applicable housing fee for the market-rate development. Fair market value shall be determined preliminarily at the time and market-rate development is submitted to the City for review. Final determination of fair market value shall be made by a licensed California appraiser prior to Building Permit issuance and shall be net of any real estate commission for the conveyance of the land.
(vi) 
If the value of the site upon the date of conveyance exceeds the amount of the applicable housing in-lieu fee in compliance with Subsection A.1 of this section, the developer shall be assigned housing migration credit for the difference in the value of the site conveyance and the applicable housing in-lieu fee, consistent with these requirements for conveyance of land.
b. 
Disposition of land by the City. The City shall not be required to construct inclusionary units on the site dedicated to the City, but may sell, transfer, lease, or otherwise dispose of the dedicated site in order to facilitate the construction of those units and only when a clearly demonstrable greater housing benefit would be achieved as determined by Council. Any funds collected as a result of sale, transfer, lease, or other disposition of sites dedicated to the City shall be deposited in the Affordable Housing Trust Fund and the funds and interests accrued shall remain in the fund and shall be used in compliance with Section 17.324.060 (Affordable Housing Trust Fund).
c. 
Conveyance of development-ready lots within the project site. The builder or developer may dedicate development-ready lots within the project site in compliance with Section 17.324.030 (Inclusionary Requirements). All conveyance lots shall be part of an approved final subdivision map and have completed utility connections and roadway improvements at the time of conveyance so as to be development ready. Such conveyance shall be subject to the criteria in Subsection A.3.a.
4. 
Combination. The review authority may approve any combination of on-site construction, off-site construction, housing in-lieu fees, and land dedication that is at least equal to the inclusionary requirement if it makes the finding in Subsection B.
B. 
Findings. The review authority may approve, conditionally approve or deny any alternative proposed by an applicant as part of a project application. Any approval or conditional approval shall be based on a finding that the proposed alternative is consistent with the City's General Plan and shall be based on a consideration of market conditions, development proformas, land economics and other substantial evidence.
(Ord. 1670(19) § 11; Ord. 1685(21) § 4; Ord. 1698(22) §§ 3—5; Ord. 1703(23) § 1)

§ 17.324.050 Rental Regulatory Agreement.

A rental regulatory agreement with the City, shall be required for rent inclusionary housing units and shall be consistent with all applicable State laws.
(Ord. 1670(19) § 11)

§ 17.324.060 Affordable Housing Trust Fund.

A. 
All housing in-lieu fees collected in compliance with this Chapter shall be deposited into an affordable housing fund (Lompoc Affordable Housing Trust Fund).
B. 
Separate accounts within the housing fund may be created from time to time to avoid commingling as required by law or as deemed appropriate to further the purposes of the housing fund.
C. 
The housing fund shall be administered by the City Manager (or designee) who shall have the authority to govern the housing fund consistent with this Chapter, and to prescribe procedures for said purpose, subject to approval by the Council.
D. 
Expenditures from the housing fund shall be controlled, authorized and paid in compliance with general City budgetary policies. Execution of contracts related to the use or administration of housing fund moneys shall comply with standard Council policy.
E. 
Monies deposited in the housing fund, along with any interest earnings on monies, shall be used to provide affordable housing in compliance with the Lompoc Affordable Housing Trust Fund Program Implementation Plan, as adopted and revised by City Council resolution.
(Ord. 1670(19) § 11; Ord. 1698(22) § 6)

§ 17.324.070 Design Standards.

A. 
Applicability. All inclusionary units required by this Chapter shall comply with the design standards described in this Section.
B. 
Design Quality.
1. 
Affordable units constructed as part of a larger project, shall be comparable in exterior appearance and overall quality of construction to market rate units.
2. 
The size and interior features of affordable units may vary from market rate units; however, they shall have the same number of bedrooms and bathrooms.
3. 
Affordable units shall be dispersed throughout the project and not concentrated in a single location, to the maximum extent feasible.
(Ord. 1670(19) § 11)

§ 17.324.080 Eligibility, Continued Affordability.

A. 
Eligibility for Below Market Rate Units (Owner-Occupied and Rental Units).
1. 
No household shall be permitted to occupy or purchase an affordable housing unit required by this Chapter, unless the City or City-authorized entity has approved the household's eligibility. If the City maintains a list of eligible households, households selected to occupy such units shall be first selected from that list in compliance with any applicable rules, agreements, or restrictions.
2. 
Any household which occupies or purchases an affordable housing unit required by this Chapter shall occupy that unit as its principal residence and shall not lease or sublease to a different party, unless allowed in special circumstances as documented in the deed restriction.
B. 
Continued Affordability Requirements (Owner-Occupied and Rental Units). Prior to the issuance of certificated of occupancy for the inclusionary units, any deeds, restrictions, or agreements applicable to the units shall be deemed acceptable by the Director and City Attorney and recorded against parcels or units having such affordable units. Such units shall be legally restricted to occupancy by households of the target income levels for which the units were designated for a minimum of 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. At a minimum, agreements provided in compliance with this Section shall provide:
1. 
A standard to provide the City or its qualified designee the continuing right-of-first-refusal to purchase or lease any or all of the designated dwelling units at the appraised value of the units or the value based on the target income levels, whichever is less, subject to the resale restriction;
2. 
A covenant stating that the developer or successor-in-interest shall not assign, lease, rent, sell, sublet, or other otherwise transfer any interests for the designated units without the written approval of the City;
3. 
That in any action taken to enforce compliance with the deed restrictions, the City Attorney shall, if compliance is ordered by a court of competent jurisdiction, take all action that may be allowed by law to recover all of the City's costs of action including legal services; and
4. 
That compliance with the agreement will be monitored and enforced in compliance with the measures included in the agreement.
C. 
Initial and Continued Affordability: Owner-Occupied Units. In addition to the minimum requirements set forth in Subsection B, the developer shall agree to the following measures to assure the initial and on-going affordability of required inclusionary units:
1. 
Initial sales price. The initial sales price of a for-sale inclusionary housing unit shall be based on the developer's estimate of homeowner's associate dues, if any, the City's assumptions for interest rates and other factors, and the methodology or formula for calculating sales prices contained in the Council resolution. The City shall provide the developer with an estimate of the initial sales price for the inclusionary units at an earlier date if so requested by the developer in writing. After the Building Permit is issued, the initial sales price may be adjusted by the City due to changes in market factors upon written request by the developer no less than 90 days prior to marketing of the inclusionary units.
2. 
Resale restrictions. Documents to assure continued affordability shall be recorded against the property in compliance with the provisions of Subsections A and B, and the following concerning resale restrictions:
a. 
Terms and conditions concerning the resale of the units shall be specified as necessary to ensure their continuing affordability. Such requirements may include, but are to limited to:
(i) 
Limits on resale price, based on an appropriate calculation method.
(ii) 
Provision offering units for resale to the City.
(iii) 
Monitoring requirements for resale of units, including required notice of intent to sell in a timely manner before the unit is intended to be marketed.
b. 
The City reserves the right to modify or waive recorded resale restrictions at the time of resale, as warranted, based on residential real estate market conditions or economic hardship on the part of the inclusionary homeowner. An inclusionary homeowner may request a modification or waiver of resale restrictions by completing a modification/waiver request form provided by the City.
D. 
Initial and Continued Affordability: Rental Units.
1. 
Initial rents for below market rate units. The initial rent of inclusionary units shall be set by the City at least 30 days prior to the marketing of the inclusionary unit, so that the eligible households will pay an affordable rent in compliance with the established affordability level. The initial rent shall be based on the City's assumptions of utility costs and the methodology or formula for calculating rents contained in the Council resolution.
2. 
Rent regulatory agreement. A rent regulatory agreement acceptable to the City shall be recorded against the residential development prior to issuance of certificate of occupancy. Such an agreement shall reflect the limitations on rents required by this Chapter, the provisions of Subsection D.1, and the minimum requirements outlined below:
a. 
Nondiscrimination. When selecting tenants, the owners of inclusionary units shall follow all fair-housing laws, rules, regulations, and guidelines. The owner shall apply the same rental terms and conditions to tenants of inclusionary units as are applied to all other tenants, except as required to comply with this Chapter (for example, rent levels and income requirements) or with other applicable government subsidy programs.
b. 
Move-in costs. Total deposits, including security deposits, required of households occupying an inclusionary unit shall be limited as mandated by State law applicable at the time of leasing or renting.
c. 
Reporting requirements.
(i) 
The owners shall submit an annual report summarizing the occupancy of each inclusionary unit for the year, demonstrating the continuing income-eligibility of the tenant, and the rent charged for each inclusionary unit. The City may require additional information to confirm household income and rents charged for the unit if it determines necessary.
(ii) 
The City shall maintain the right to periodically audit the information supplied to the City for the annual report if deemed necessary to ensure compliance with this Chapter.
d. 
The owners of any inclusionary unit shall agree to cooperate with any audit or reporting requirements conducted by the City, State agencies, Federal agencies, or their designees.
e. 
Provisions concerning changes in tenant income, where, after moving into a unit a tenant's household income would exceed the specified limit for that unit. It is anticipated that these standards would comply with the U.S. Department of Housing and Urban Development's standards for annual income recertification.
E. 
Availability and Timing. All affordable units must be constructed, made available, and occupied concurrently with or prior to the construction and occupancy of market-rate units or development. In phased developments, affordable units may be constructed, made available, and occupied in proportion to the number of units in each phase of the residential development.
(Ord. 1670(19) § 11)

§ 17.324.090 Request for Waivers.

A. 
An applicant may submit a request for a waiver or reduction of the requirements contained in this Chapter, including, but not limited to, the number of affordable housing units required or the required design standards.
B. 
A waiver or reduction from the requirements of the Chapter shall be approved by the Commission, and may only be approved by the Commission after the finding(s) in Subsection C, below, are made.
C. 
No waiver or reduction shall be approved unless at least one of the following findings is made:
1. 
There is no reasonable relationship or nexus between the impact of the development and the amount of the inclusionary requirement;
2. 
Special circumstances, unique to the development justify the grant of the waiver or reduction;
3. 
The development would not be feasible without the waiver or reduction;
4. 
A specific and substantial financial hardship would occur if the waiver or reduction was not granted; or
5. 
Another finding deemed reasonable and appropriate by the Commission and City Attorney based on the requirements in this Chapter and the Housing Element.
(Ord. 1670(19) § 11)