Patterson City Zoning Code
Division IV
SITE DEVELOPMENT
§ 18.60.010 Purpose.
The purpose of this chapter is to provide the process for determining building height and setbacks and identifying exceptions to height limits and setback requirement. Additionally, this chapter describes special site development requirements.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.60.020 Applicability.
The rules for determining dimensional requirements in this chapter apply to all city zoning districts. The dimensional requirements are included in Division III (Zoning Districts), more specifically Table 18.38.040-1 (Development Standards for Residential Districts), Table 18.42.040-2 (Development Standards for Commercial and Medical/Professional Office Districts), Table 18.46.040-1 (Development Standards for Industrial Districts), and Table 18.50.040-2 (Development Standards for Public/Quasi-Public and Parks and Recreation Districts).
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.60.030 Height measurement and exceptions.
The following rules apply to the calculation and determination of height of structures in the city. The intent of these regulations is to provide for compatibility in the measure of building height under a variety of circumstances (e.g., sloped site).
A.
Height Measurement. The height of a structure shall be measured as the vertical distance from the finish grade to the highest point of the roof of the structure. The measure excludes architectural features and appurtenances such as, but not limited to, chimneys, antennas, elevators, and similar mechanical equipment.
Figure 18.60.030-1 Height Measurement  |
B.
Height Limits. Height limits are established throughout this title. Primarily, height limits are listed in Division III (Zoning Districts), where they are listed by zoning district. Additional height limits are established for accessory structures (Chapter 18.62), fences and walls (Chapter 18.70), and signs (Chapter 18.82). Height limits are measured as the vertical distance from the finish grade of the site to an imaginary plane located the allowed number of feet above and parallel to the finish grade.
Figure 18.60.030-2 Height Limit Measurement  |
C.
Height Exceptions. The following features are excluded from height limits, provided they do not exceed fifteen feet in height above the structure (see Figure 18.60.030-3, Height Exceptions):
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.60.040 Setback requirements and exceptions.
A.
General Yard and Setback Requirements.
1.
Required Yard Area. Except as otherwise specified in this title, required yard areas shall be kept free of buildings and structures.
2.
Exclusivity of Required Yard Area. No yard or other open space provided around any building for the purpose of complying with this title shall be considered as providing a yard or open space for any other building or structure.
B.
Front Yards. Generally, the front yard setback is determined by the front lot line, which is the lot line paralleling the street. For corner lots, the front lot line is determined by the orientation of the front entrance of the primary building. However, for flag lots and other irregularly shaped parcels, the front lot line is determined to be the narrowest portion of the lot. For flag lots, this excludes the narrow portion of the lot that represents the "pole."
C.
Street Yards. Except as otherwise permitted, a street yard shall be used only for landscaping, pedestrian walkways, driveways, or off-street parking.
D.
Rear and Interior Side Yards. Except as otherwise permitted, these yards shall be used only for landscaping, pedestrian walkways, driveways, off-street parking or loading, recreational activities or facilities, or similar accessory activities.
1.
Vertical Clearance. Except as otherwise provided in this title, every part of a required yard shall be open from its lowest point to the sky unobstructed. Building overhangs, bay windows, and other such elements may intrude as permitted, pursuant to subsection E of this section (Allowed Encroachments or Projections into Required Yards).
2.
Corner Lots. In the case of a lot abutting two or more streets, the main buildings and accessory buildings shall be erected so as not to encroach upon the required front and street side yards.
3.
Double-Frontage Lots. Where a double-frontage lot (defined as a lot with property line along two opposing streets) has a depth of one hundred twenty-five feet or more, such lot may be treated as two lots, with the rear line of each approximately equidistant from the front lot lines, provided all yard requirements are met.
4.
Setback Measurement. The setback of all buildings and structures shall be measured at a right angle from the property line as listed below. Except as permitted in subsection E of this section (Allowed Encroachments or Projections into Required Yards), or as otherwise specified in this title for specific types of structures (e.g., accessory structures, signs) or through the issuance of an adjustment, structures shall not extend beyond required setback lines.
Figure 18.60.040-1 Setback Measurement  |
E.
Allowed Encroachments or Projections into Required Yards. In addition to the structures listed in Chapter 18.62 (Accessory Structures) and Chapter 18.70 (Fences, Walls, and Screening), the following structures and architectural features attached to the main building may project into the required yards:
1.
Residential Encroachments.
a.
Eaves, roof projections, awnings, and similar architectural features may encroach into required yards a maximum distance of three feet, provided such appendages are supported only at, or behind, the front building setback line, and a minimum of four feet from any side lot line.
b.
Replacement chimneys, bay windows, balconies, media centers, fire escapes, exterior stairs and landings, and similar architectural features may encroach a maximum distance of two feet into required side yards or three feet into any required rear yard, provided such features shall be at least three feet from a property line.
c.
Decks, platforms, uncovered porches, and landing places that do not exceed a height of thirty-six inches above grade may encroach into any front or corner side yard a maximum distance of six feet and project into any rear or interior side yard up to five feet from the property line.
d.
Projections are not permitted over a lot line and encroachment provisions would not apply to zero lot line situations.
2.
Nonresidential Encroachments.
a.
Eaves, roof projections, awnings, and similar architectural features when located at least eight feet above grade may encroach into required yards a maximum distance of three feet; provided, that such feature shall be at least four feet from a property line.
b.
Fireplaces, chimneys, bay windows, balconies, fire escapes, exterior stairs and landings, and similar features may project into the required yard a maximum distance of two feet; provided, that such features shall not occupy more than twenty-five square feet of each required yard and shall be at least four feet from a property line.
c.
Projections are not permitted over a lot line and encroachment provisions would not apply to zero lot line situations.
Figure 18.60.040-2 Residential Encroachments  |
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.60.050 Vision triangle.
Vision triangles apply only to corner lots. The boundaries of a vision triangle are formed by drawing lines from the point of intersection of a lot's street corner property lines to points thirty feet along the two property lines and then connecting the two points with a straight line.
A.
Residential Districts. No wall, fence, or hedge higher than three feet shall be erected or maintained on a corner lot in any residential district within the area called the vision triangle.
B.
Other Districts. In any district, other than a residential district, no wall, fence, hedge, or other obstruction to view shall be erected or maintained between three feet and eight feet above grade on any corner lot within the area called the vision triangle.
C.
Planting and Landscape Materials. Planting and landscape materials (except for street trees) shall not exceed three feet in height within the vision triangle area or if taller it shall have a minimum of fifty percent opacity to allow views through the landscaping material (opacity measurement also includes fencing materials).
Figure 18.60.050-1 Vision Triangle  |
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.62.010 Purpose.
This section establishes development standards for accessory structures. The purpose of this section is to protect the public health, safety, and welfare by maintaining safe distances between structures, establishing architectural compatibility between primary structures and certain types of accessory structures, and minimizing potential impacts associated with lot coverage, privacy, and maintenance of light and air space.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.62.020 Applicability.
The requirements contained in this chapter shall apply as follows:
A.
Accessory structures on private property shall be in addition to any other development standards contained elsewhere within the zoning code.
B.
In the event of a conflict between the provisions of this chapter and any other provisions of this title, the stricter regulation shall control.
C.
This chapter regulates detached accessory structures only. Accessory structures that are attached (carports, garages, patio covers, porches) are considered part of the primary structure, and related provisions apply.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.62.030 Permit requirements and exemptions.
In the event that a building permit is required, zoning plan check is required. Certain structures may require site plan and architectural review, variance, or other permits or entitlements as specified in Division II (Procedures).
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.62.040 Accessory structure development standards.
A.
Development Standards for All Accessory Structures. Accessory structures shall not contain full indoor cooking facilities (combination of a sink, cooking apparatus, and refrigeration appliance), should not contain a full bath (half bath is permitted) and should not be designed for full-time living or rental purposes. Guesthouses and pool houses that conform to the requirements of this chapter are permitted.
B.
Setback Measurement. Minimum setback distances for accessory structures from property lines and between accessory structures shall be measured to any portion of the structure(s), inclusive of any overhangs, projections, railings, etc.
1.
Construction Phasing. Accessory structures may be constructed only in conjunction with or after construction of the primary building(s) on the site.
2.
Ingress/Egress into Backyard. A minimum three-foot ingress/egress pathway into a backyard shall be maintained for fire access.
3.
Maximum Residential Lot Coverage. Maximum aggregate lot coverage by primary and accessory structures is not to exceed sixty percent of the lot.
4.
Maintenance. All on-site accessory structures shall be kept in a serviceable, well-maintained, and presentable manner which makes a positive contribution to the surrounding area.
5.
Compatibility. Accessory buildings located in established neighborhoods shall be of compatible size, scale, and appearance, so as to be in harmony with the character and quality of surrounding development within the zone.
C.
Development Standards by Type of Accessory Structure. Table 18.62.040-1 (Development Standards for Residential Accessory Structures) establishes development standards based on the type of accessory structure as defined in this title. See also Figure 18.62.040-1.
Table 18.62.040-1 Development Standards for Residential Accessory Structures | |||||||
|---|---|---|---|---|---|---|---|
Accessory Structure | Development Standard | ||||||
Minimum Setback Distance (from Property Line1) | Minimum Distance Between Structures | Maximum Height | Other | ||||
Front | Street Side | Interior Side | Rear or Alley | ||||
Closed-Roof Structure (including but not limited to sheds, pool houses, gazebos, etc.) | Same as primary structure | 15 ft | 3 ft; increase to 5 ft for High Density Residential | 3 ft rear 5 ft alley | 10 ft | 12 ft (one story)2 | Located on rear half of lot |
Open Attached Structures | Same as primary structure | 10 ft | 5 ft | 10 ft | 10 ft | 12 ft | |
Enclosed Attached Structures | Same as primary structure | Same as primary structure | Same as primary structure | Same as primary structure | 10 ft | Same as attached structure | |
Open-Roof Structure | Same as primary structure | 15 ft | 3 ft | 3 ft | 10 ft | 12 ft | |
Pool/Spa3, 4, 5 | Same as primary structure | 3 ft | 3 ft | 5 ft | 5 ft | 5 ft | |
Deck (detached) | No minimum | No minimum | No minimum | No minimum | No minimum | 2 ft | |
Play Equipment | Same as primary structure | 15 ft | 5 ft | 5 ft | 10 ft | 12 ft | |
Carports6 | Same as primary structure | Not permitted on street side of corner lot | 5 ft | 5 ft | 10 ft | 12 ft | |
Notes: |
|---|
1. No accessory structure shall be permitted within an established easement. |
2. Conditional use permit required for height between twelve feet and sixteen feet. |
3. Single-family residences must comply with the requirements of the building code and the California State Swimming Pool Safety Act. The draining of pool water is required to go directly into the sewer system. On-site draining (above ground) is a violation of various local, state and federal laws. |
4. Setback measured to edge of water for built-in pools (where the surface of the water is at grade) and the edge of the structure for aboveground pools. All mechanical equipment must be behind the setback. |
5. For aboveground pools, a solid six-foot-tall fence is required between the subject property and any adjacent residential backyards. |
6. Temporary carports are prohibited. If used, carport shall be constructed out of durable materials, match the architecture of the primary structure, and be built on a permanent foundation. |
D.
Additional Development Standards for Swimming Pools.
1.
There shall be provided a minimum three-foot unobstructed clearance along at least seventy-five percent of the perimeter of all swimming pools constructed in this zoning district in order to provide adequate access to the pool for safety purposes. The three-foot unobstructed clearance area shall have no minimum setback requirement from a property line.
2.
In no case shall swimming pool accessory mechanical equipment be permitted within five feet of any property line.
3.
The pool area or the entire property on which it is located shall be so walled or fenced and equipped with self-closing and self-latching gates or doors so as to prevent uncontrolled access by children from the street or adjacent properties. Supplemental lighting shall be so installed as to prevent annoying glare on adjacent properties.
4.
For below-ground swimming pools, the setback distance is measured from the property line to the edge of the pool water. For aboveground pools, spas, and hot tubs, the setback distance is measured from the property line to the edge of the spa or hot tub structure unless the top edge of the spa or hot tub is at grade. The setback distance for at-grade spas and hot tubs is measured in the same fashion as swimming pools. Structures, including pool equipment, pool diving boards, water slides, and other above-ground appurtenances, shall be located behind the setback line.
5.
Related landscape features (waterfalls, rock, trellis, etc.) that exceed height limit of the pool shall be placed behind the setback line.
Figure 18.62.040-1 Standards for Accessory Structures  |
(Ord. 738 § 1 (Exh. A) (part), 2013; Ord. 848, 2020)
§ 18.63.010 Purpose and intent.
The provisions within this chapter are intended to protect residential neighborhoods from traffic, parking and other impacts that may result from an overconcentration of home based day care and to provide minimum standards for all day care facilities.
(Ord. 738 § 1 (Exh. A) (part), 2013; Ord. 817 § 1 (part), 2019)
§ 18.63.020 Applicability.
The provisions of this chapter shall apply when a family day care home (large) or day care facility as defined in Chapter 18.96 (Land Use Definitions) is proposed.
(Ord. 738 § 1 (Exh. A) (part), 2013; Ord. 817 § 1 (part), 2019)
§ 18.63.030 Day care standards.
The following standards apply to all day care uses:
A.
All day care uses defined as "day care facility" and "family day care home (large)."
1.
A state license is required.
2.
The use shall be subject to all city, county, state and federal regulations concerning day care, child care, health and safety, food preparation or other applicable regulations. Current proof of certification shall be provided to and shall remain on file with the planning department.
3.
All on-site landscaping, fences, structures and other improvements shall be kept in a serviceable, well-maintained and presentable manner which makes a positive contribution to the surrounding area.
4.
All improvements involving construction, including but not limited to roof coverings, concrete flatwork, fences, changes in landscaping, additional buildings or additions to existing buildings or conversion of structures to new uses, shall be subject to, at a minimum, written administrative approval of the planning director. Issuance of building permits or planning commission approval may be required.
5.
Plans, designs and graphics for all signs, whether window, freestanding, wall or other, shall be submitted for review and approval at time of use permit application.
B.
Provisions applicable to day care uses defined as "family day care home (large)" only:
1.
Parking and traffic laws shall be strictly enforced in the area of the day care center. In order to mitigate the impacts on neighboring property owners, the required off-street noncovered parking for the home shall remain available to clients for drop-off and pickup during hours of operation. During expected times of drop-off and pickup the facility operator may be required to keep personal vehicle in garage.
2.
Minimum lot size of five thousand square feet is required.
3.
One additional off-street parking space is required for each employee. These spaces can be provided in a driveway and can have a tandem orientation.
4.
The facility operator shall make and shall document, to the satisfaction of the planning director, every reasonable effort to ensure that no more than one-half of the maximum number of children for which the facility is licensed arrive or depart within a one hour span of time.
(Ord. 738 § 1 (Exh. A) (part), 2013; Ord. 817 § 1 (part), 2019)
§ 18.64.010 Purpose and intent.
The provisions within this chapter are intended to reduce the impact of the home occupation to the degree that its effects on the neighborhood are undetectable from normal and usual residential activity.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.64.020 Applicability.
The provisions of this chapter shall apply when an application for a home occupation permit is made with the planning director according to Section 18.16.060.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.64.030 Home occupation standards.
The following are standards that shall be adhered to for the issuance of a home occupation use permit:
A.
A home occupation must be conducted entirely within a dwelling by a person or persons residing in the dwelling as a purely secondary and incidental use of such dwelling to its primary residential use.
B.
Off-site employees or partners are permitted so long as they do not work or report for work at the subject property.
C.
The residential appearance of the premises shall not be altered through remodeling or new construction so as to give the appearance of other than normal residential premises or to call attention to the premises.
D.
There shall be no mechanical equipment or operation used which creates or makes noise, dust, odor, vibration, or other effects detectable at the property line.
E.
There shall be no display of products produced by the home occupation visible in any manner from the outside of the dwelling unit. There shall be no sale of commodities upon the premises.
F.
The use shall not generate pedestrian or vehicular traffic other than trips by the one allowed business vehicle per subsection H of this section and bimonthly business deliveries by a carrier normally associated with residential deliveries. Business customers are not allowed on site unless otherwise excepted by this chapter.
G.
There shall be no storage of materials or supplies out-of-doors.
H.
No more than one business vehicle shall be parked or used in connection with the business on or near the premises. All deliveries to and from the premises by the applicant shall be only by the one allowed business vehicle. "Business vehicle" means a car, pickup, or van (three-fourths ton maximum size) used for home business purposes and driven by a person residing on the premises.
I.
There shall be no advertising of the home occupation which uses the street address of the premises, and no on-site signs advertising the business.
J.
Not more than one room or ten percent of the floor area of the main building, whichever is greater, shall be used for the home occupation. If a garage is used in connection with a home occupation, such use must not interfere with its primary use as vehicular storage.
K.
There shall be no raising of animals for commercial purposes.
L.
Other conditions deemed necessary by the planning director.
M.
The following specific home occupation uses may be permitted subject to further limitations as follows:
1.
Contractors' and subcontractors' offices are permitted as home occupations. The storage of materials, equipment, or more than one commercial vehicle not normally associated with residential uses shall be prohibited.
2.
Swimming lessons, music lessons, and other similar instructions, when given to no more than three students at one time.
3.
Dressmakers, limited to residents of the dwelling.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.64.040 Prohibited home occupations.
The following uses are expressly prohibited as home occupations:
A.
Repair or reconditioning of motorized vehicles or equipment on site.
B.
Manufacturing, including cabinet shops and similar uses.
C.
Repair or reconditioning of major household appliances.
D.
Repair or reconditioning of boats or recreational vehicles.
E.
Medical, dental and chiropractic clinics and offices and counseling services.
F.
Furniture repair, restoration, and upholstery.
G.
Beauty/barber shops, including nail and skin care salons.
H.
Real estate offices.
I.
Weapons and ammunition sales and service.
J.
Welding shops.
K.
Animal clinics and pet grooming shops.
L.
Massage establishments.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.66.010 Purpose and applicability.
This chapter provides development standards related to second units (also referred to as accessory dwelling units or "granny flats") when permitted according to Table 18.38.030-1 (Permitted Use Matrix for Residential Districts).
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.66.020 General provisions.
A.
Location. One secondary dwelling unit shall be allowed when accessory to one existing single-family detached unit. The secondary dwelling unit may be established by the conversion of an attic, basement, garage, or other portion of a single-family unit; a detached secondary unit may be established by the conversion of an accessory structure or may be established by new construction.
B.
Zoning District. Except as provided in this chapter, all requirements and regulations of the zoning district in which the lot is situated shall apply.
C.
Setbacks and Separation. The secondary dwelling unit shall observe a four-foot setback from the rear and side property lines and a ten-foot setback from the main dwelling unit.
D.
Height. The structure shall not exceed a single-story height and sixteen feet if the building is detached, excepting existing nonconforming structures. If attached, the height applicable to the primary dwelling applies.
E.
Repealed by Ord. 848.
F.
Size of Unit. The following applies to the size of the secondary dwelling unit:
1.
No less than two hundred seventy-five square feet.
2.
No more than eight hundred fifty square feet of floor area or, if the secondary dwelling unit includes more than one bedroom, no more than one thousand square feet of floor area. The eight hundred square feet of floor area may be exceeded when the second unit is an internal conversion of an existing single-family dwelling unit. In such case, the maximum size of the second unit shall not exceed forty percent of the existing dwelling.
3.
The ratio of the main unit size in comparison to the secondary dwelling unit size shall not be less than two to one, except as provided for internal conversions of existing structures.
4.
The secondary dwelling unit shall be clearly subordinate to the principal single-family dwelling unit on the lot by size, location, and appearance. The existing single-family dwelling unit shall contain a minimum one thousand one hundred square feet floor area. In no case shall the secondary dwelling unit contain more than two bedrooms.
G.
Parking. One covered or uncovered off-street parking space shall be provided for the secondary dwelling unit. This requirement shall be in addition to the off-street parking spaces required for the existing residence, unless the secondary dwelling unit is created through the conversion of a garage, carport, or other parking structure, in which case, the removed parking spaces are not required to be replaced.
H.
Standards. The establishment of any secondary dwelling unit shall be subject to the following:
1.
The secondary dwelling unit shall be in compliance with applicable building, fire, and other health and safety codes.
2.
The secondary dwelling unit shall be in compliance with underlying zoning requirements and regulations, except as may be provided in this chapter.
3.
The secondary dwelling unit shall be in compliance with the city-adopted design guidelines for residential development, except as may be provided in this chapter.
4.
Addresses for secondary dwelling units shall be shown prominently on the frontage of the unit. Frontage should be located facing a street or alleyway and/or have a well-defined entry area.
5.
Frontage area landscaping is required and shall follow established guidelines.
(Ord. 738 § 1 (Exh. A) (part), 2013; Ord. 767 (part), 2014; Ord. 848, 2020)
§ 18.68.010 Purpose.
The purpose of this chapter is to encourage the integration of residential and work uses (vertically and horizontally) and to establish flexibility in the strict zoning regulations as they apply.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.68.020 Applicability.
The requirements of this chapter are applicable to all zones where live/work units are permitted (or conditionally permitted).
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.68.030 Live/work development standards.
A.
Existing Structures.
1.
A pre-existing structure that is converted to a live/work unit may deviate from the development standards included in this section through the administrative review (AR) process.
2.
Deviations shall be the minimum needed and only permitted when full implementation of the development standard is not feasible, as determined by the planning director.
B.
Ground-Floor Street Frontage.
1.
Retail, service, restaurant, office, and/or cottage industry are required on ground-floor primary building frontage, with residential on upper levels or behind the frontage use.
2.
The work space directly adjacent to the sidewalk/street shall contain an active use and not be used exclusively for storage or warehousing.
3.
The work space on the ground floor should be oriented toward the street to allow pedestrian exposure and direct access to the work space.
4.
The work space on the ground floor should have a minimum of fifty percent transparency, measured along the length of the primary building frontage. Transparency refers to an open view into the building, such as a window.
C.
Access. Live/work buildings shall have one of two methods of primary pedestrian access:
1.
The main entrance to the ground-floor work space shall be accessed directly from and face the street, and the residential occupancy area shall be accessed by a separate entrance and internal stairs that are also accessed from and face the street. There may also be a small shared lobby that provides separate access to the work space and residential areas.
2.
Access to the residential area may be taken through the work space that is accessed directly from and faces the street.
D.
Parking and Services.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.70.010 Purpose.
The purpose of this chapter is to establish development standards and regulations for fences and walls. The intent of these regulations is to provide for adequate air and light permeability onto lots, for adequate buffering between and screening of uses and activities, and for the mitigation of noise.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.70.020 Applicability.
All fences, walls, and screening shall be constructed according to the requirements of this chapter, except where exempt.
A.
Exemptions.
1.
Fences that are required by federal or state law or regulation, or which are required by the city for public safety (e.g., temporary construction site fencing) are exempt from this section.
2.
Walls that are required by a mitigation measure and designed and approved through a tentative subdivision map, tentative parcel map, or site plan and architecture review for noise attenuation are exempt from this section.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.70.025 Permit required.
(Ord. 848, 2020)
§ 18.70.030 Measurement of fence, hedge, and wall height.
A.
Fence, hedge, and wall height shall be measured as the vertical distance between the lowest finished grade at the base of the fence and the top edge of the fence material. The finished grade shall be that as shown on the approved grading plan for the site at the time of initial development of the residential subdivision, multifamily development, or nonresidential development. In cases where a retaining wall does not require the approval of a grading plan, the finished grade shall be as determined by the public works director.
B.
Landscape Walls. When a fence or wall is placed atop a landscape wall (as defined in this title), the height of the landscape wall shall be considered as part of the fence or wall for purposes of determining the height of the fence or wall.
C.
Retaining Walls. When a fence or wall is placed atop a retaining wall, the height shall be measured from the bottom of the retaining wall (see Figure 18.70.030-1).
Figure 18.70.030-1 Measurement of Fence and Wall Height  |
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.70.040 Height, setback, and permeability requirement.
A.
Setback, height and permeability standards for fences, hedges, and walls are provided in Table 18.70.040-1.
Table 18.70.040-1. Height Limits for Fences, Hedges, and Walls | |
|---|---|
Location of Fence, Hedge, or Wall | Maximum Height |
Front setback | 3'-6"1 |
Exterior side yard setback | 6'2, 3 |
Rear or interior side setback | 6'/8'0"3 |
Within the vision triangle | 36" |
1.
Fencing in the front setback is required to be a minimum of fifty percent open view (fifty percent opacity).
2.
Fences located in residentially zoned areas may extend an additional one foot in height if topped with a decorative lattice to match the fence material.
3.
Fences may be permitted up to eight feet in height in the HI district, and up to ten feet with the issuance of a conditional use permit from the planning commission (building permit is also required).
B.
Landscape Walls. Landscape walls (e.g., decorative masonry, stone, and other materials) within required yard areas shall be constructed to a maximum height of thirty-six inches. Landscape walls shall not be used as retaining walls to alter the finish grade of the lot.
C.
Retaining Walls.
1.
Timing of Construction. Retaining walls shall only be constructed as part of an approved grading plan for the site at the time of initial development of the residential subdivision, multifamily development, or nonresidential development, as part of a roadway improvement project, or as part of the necessary stabilization of the soil for the primary intended use of the property as determined by the public works director.
2.
Height Limit. The height of retaining walls shall be limited to that height reasonably necessary to support and retain the soil for the property.
D.
Residential Buffer.
1.
When any multiple-family residential dwelling greater than five units abuts a single-family residential dwelling, an eight-foot-high solid masonry wall shall be required unless the planning commission approves an alternative upon architectural and site plan approval.
2.
Whenever new construction of any residential use abuts any educational institution, child care facility (with the exception of home-based child care), day nursery, small group care facility, nursing facility, convalescent facility, public utility substation, or any commercial, industrial, medical/professional office, or public/quasi-public use and/or district, an eight-foot-high solid masonry wall shall be required unless the planning commission approves an alternative upon architectural and site plan review.
Figure 18.70.040-1. Height Limits for Fences, Hedges, and Walls  |
(Ord. 738 § 1 (Exh. A) (part), 2013; Ord. 848, 2020)
§ 18.70.050 Design and materials.
A.
Open View Fencing. Where fencing is proposed along public frontages of nonresidential and multifamily projects, such fencing shall be open view (a minimum of fifty percent open view) unless otherwise required to be solid for noise attenuation. Open view fencing shall also be required when located adjacent to open space areas.
B.
Fencing Materials. Fences and walls shall be constructed of long-lasting materials. The following standards apply:
1.
The use of chain-link fencing is prohibited in all residential, commercial, and PQP districts unless planning commission approval is obtained upon architectural and site plan review. Chain-link fencing may be permitted in commercial districts if not visible to the public with slating.
2.
Unless approved as a condition of approval or in conjunction with another planning permit or entitlement, fences or walls of sheet or corrugated iron, steel, concertina wire, or aluminum are prohibited, with the exception of ornamental fences.
3.
A minimum of No. 2 grade wood is required for all wood fences constructed.
4.
Where permitted, chain-link fencing shall incorporate slats (vinyl slats preferred) for all commercial districts, unless otherwise approved during architectural and site plan review or conditional use permit review.
5.
Barbed wire fencing shall not be constructed or placed on top of a fence except as permitted by the planning director as part of the administrative review process and only in industrial areas not abutting residential or commercial areas.
C.
Graffiti-Resistant Surface. When required by the city or through conditions of approval due to the location and nature of the wall, masonry walls shall be treated with a graffiti-resistant aesthetic surface.
D.
Landscaping. All required street side yard areas between the back of sidewalk and fence/retaining wall shall be landscaped. Climbing vines shall be planted to grow on walls to deter graffiti.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.70.060 Maintenance.
§ 18.70.070 Exceptions.
A.
Fire Hazards. The building official shall not grant a building permit for the erection of any fence which will interfere with access in case of fire to buildings in the vicinity or which will constitute a hazard to street traffic or to pedestrians.
B.
Temporary Fences. Nothing in this title shall be deemed to prohibit the erection of temporary fences around construction works erected or maintained pursuant to the building codes and other laws of the city.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.72.010 Purpose.
The purpose of this chapter is to regulate permanent outdoor sales, storage, display, and seating uses. The intent of these regulations is to encourage outdoor displays and activities that are compatible with associated and nearby uses and do not obstruct pedestrian or vehicle circulation or create an unsightly appearance of unrestricted clutter.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.72.020 Applicability.
The requirements of this chapter apply to any outdoor sales, storage, display, and seating area installed as part of any existing or proposed development.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.72.030 Permit requirements and exemptions.
The following outdoor activities shall be subject to the permit requirements listed herein.
A.
Permanent Outdoor Display and Sales. Permanent outdoor displays and sales are permitted (consistent with the allowed use provisions of the underlying zoning district), subject to zoning clearance/plan check, when all related activities are developed and operated consistent with the standards of this chapter.
B.
Permanent Outdoor Storage. Permanent outdoor storage is permitted as a specified land use (storage yards) in the allowed use tables of Division III (Zoning Districts). If not part of the original development permit for the principal use, permanent outdoor storage may be permitted in all commercial and industrial zoning districts subject to design review approval. In all cases, permanent outdoor storage shall be consistent with the development standards of this chapter.
C.
Outdoor Dining Areas. Outdoor seating may be permitted in all zoning districts except for residential zoning districts, subject to administrative review as established in Section 18.16.050 (Administrative use review) and any other applicable entitlements. The following provisions apply:
1.
Seating areas shall not unduly interfere with pedestrian traffic and a continuous pedestrian path of travel of at least four feet in width shall be provided with no obstruction of fire, pedestrian, and wheelchair access.
a.
Does not unduly interfere with access of public employees and utility workers to meters, fire hydrants, or other objects (street hardware) in the right-of-way.
b.
Allows for unobstructed view of necessary authorized traffic devices.
c.
Provisions of alcoholic beverage control (ABC) shall apply when the consumption of alcohol is involved (e.g., fencing, gates, etc.).
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.72.040 General standards for all activities.
The development standards listed below apply to all outdoor sales, storage, display, and seating activities.
A.
Location. Outdoor activities may be located as follows:
1.
Within required parking spaces or in designed vehicle drive aisles, or within required landscape planter areas only where permitted by administrative review, pursuant to the requirements of Section 18.16.050 (Administrative use review).
2.
Within a fixed, specifically approved location that does not disrupt the normal function of the site or its circulation and does not encroach upon required setbacks, public rights-of-way, driveways, emergency vehicle/fire access lanes, landscaped areas, parking spaces, pedestrian walkways or pathways, bicycle lanes, seating, enhanced pedestrian amenities, such as trash receptacles and drinking fountains, or any other requirement listed in the building code.
3.
Within a public right-of-way (e.g., public sidewalk) or easement area with the issuance of an encroachment permit.
B.
Hours of Operation. Except as otherwise provided, hours of operation for outdoor activities shall be consistent with the corresponding operating hours for the primary use.
C.
Noise. Any noise generated by the outdoor activity shall be consistent with the city's noise ordinance, Chapter 6.44, Noise Control.
D.
Signs. No additional business identification or advertising signs for the outdoor activity may be permitted above the maximum allowable sign area for the corresponding primary use as established in Chapter 18.82 (Signs).
E.
Maintenance. Outdoor activity areas shall be kept free of garbage and other debris.
F.
Path of Travel and Access. The activity shall not encroach into any required pathway or maneuvering area as required by the Americans with Disabilities Act (ADA) or other regulations. Fire doors, emergency exits, and other required access shall not be blocked.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.72.050 Outdoor seating.
The following development standards shall apply to all permanent outdoor seating:
A.
Applicability. Outdoor seating is permitted in the downtown core district, by right, and may be permitted in other commercial zoning districts through the administrative review (AR) process.
B.
Permittee to Ensure Maintenance. The permittee shall be responsible for, and exercise reasonable care in, the inspection, maintenance, and cleanliness of the area affected by the outdoor seating, including any design requirements hereafter enacted, from the building frontage to the curb.
C.
Permittee to Ensure Compliance. The permittee shall restrict the outdoor seating to the approved location and ensure compliance with all applicable laws including laws against blocking the public right-of-way, health and safety laws, public cleanliness laws, and laws regulating sale and public consumption of alcohol.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.72.060 Outdoor storage and parking.
The following development standards shall apply to all permanent outdoor storage activities:
A.
Outdoor storage is prohibited in the following districts: West Patterson industrial business park and West Patterson light industrial.
B.
Location. Outdoor storage may not be located within any required front or street side yard for the applicable zoning district within which the activity is located and shall not be located immediately adjacent to a residential zoning district.
C.
Height Limitation. The height of stacked materials and goods shall be no greater than that of any screening material within one hundred feet of street-fronting screens enclosing the storage area, unless specifically stated as a development standard associated with a use.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.72.070 Extended storage and parking.
A.
Recreational vehicles, personal travel trailers, and personal utility trailers are permitted to be placed, parked, stored, and maintained within residential zones within the city, subject to the following:
1.
Permitted inside an enclosed accessory structure or carport that conforms to the zoning requirements of the particular residential zone in which it is located.
2.
Permitted within the interior side and/or rear yard; provided, that such yards are effectively screened by a solid six-foot-high wooden fence, provided the unit does not block the only openable window or door of a room used for human habitation; and provided, that access be provided from an existing or newly constructed curb-cut and driveway.
4.
Permitted within the front yard only when:
a.
No space is available within the interior side and/or rear yard; or
b.
No reasonable access is available to either the side or rear yard (a corner lot is always deemed to have reasonable access to the rear yard and a fence is not necessarily deemed to prevent reasonable access); and
c.
Interior side and/or rear yard placement, parking, and/or storage is not possible anywhere on the property.
5.
Landscape features, such as decorative paving, lawns, flower beds, shrubs, and small trees, shall not constitute a lack of adequate space within, or reasonable access to, interior side and/or rear yards. Large, mature trees and existing accessory structures, such as swimming pools, spas, air conditioner units, etc., which may limit space and/or obstruct access, shall be evaluated on a case-by-case basis.
6.
Placement, parking, and/or storage shall take place upon a concrete pad designed and installed for such intended use, or upon an existing driveway, with access from an existing or newly constructed curb-cut (subject to encroachment permit requirements per Chapter 12.20).
7.
To maintain open space within required residential front yards, as intended by this title and by adopted residential design guidelines, newly constructed concrete pads, installed for the intended use of placing, parking, and/or storing a recreational vehicle or personal trailer, shall not be placed in front of a window or doorway of any room used for human habitation, nor obstruct significant views from an adjacent property.
8.
No part of the recreational vehicle or personal utility trailer shall extend over the public sidewalk or public right-of-way, or block corner visibility for pedestrians or motorists.
9.
Recreational vehicles and personal utility trailers shall be properly maintained and fully operational, and must be currently registered with the Department of Motor Vehicles.
10.
Recreational vehicles and personal utility trailers shall be owned by the resident on whose property the recreational vehicle or personal utility trailer is placed, parked, and/or stored, or by written permission of the property owner.
11.
Inoperative motor vehicles, recreational vehicles, and personal utility trailers, or parts of any of the foregoing, are expressly prohibited from placement, parking, storage, maintenance, and/or repair within any residential front, side, or rear yard.
12.
No operational or inoperative motor vehicle, recreational vehicle, or personal utility trailer shall be placed, parked, or stored within landscape areas, or directly upon the ground, within any residential district.
13.
All new development of residential units within the city shall be encouraged to provide side yard access for the placement, parking, and/or storage of recreational vehicles where feasible within the new development.
B.
Building materials are expressly prohibited from placement or storage within any residential yard, except building materials for use on the premises and placed or stored thereon during the time a valid construction project is under way or a valid building permit is in effect for the premises.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.72.080 Outdoor sales and display.
The following development standards shall apply to all permanent outdoor display and sales activities, which in the opinion of the planning director are similar to the uses listed in this section.
A.
Associated with the Primary Use. All outdoor display and sales activities shall be associated with the primary use of the property and conducted by a business located within a building on the property. Only those goods and services associated with the primary use may be stored, sold, or displayed. All outdoor display and sales activities that are independent of the primary use shall be considered their own primary use and regulated as such.
B.
Maximum Area.
1.
The area used for permanent outdoor display and sales of materials shall not exceed ten percent of the gross floor area of the corresponding commercial building (unless authorized by a use permit).
2.
The aggregate display area shall not exceed twenty-five percent of the linear frontage of the store front or six linear feet, whichever is greater, and items may not project more than four feet from the store front.
3.
Vehicle and equipment sales and rentals (e.g., automobile, boat, RV, construction equipment) are exempt from this requirement, provided storage and display is limited to vehicles offered for sale or rental only and all other development requirements are satisfied.
C.
Height Limit. Displayed outdoor sales, other than plant materials for sale (e.g., Christmas trees, nursery trees) shall not exceed a height of six feet above finished grade, unless a greater height is allowed through use permit approval.
D.
Public Property. No item, or any portion thereof, shall be displayed on public property; provided, however, items may be displayed within the public right-of-way if an encroachment permit has first been procured from the director of public works.
E.
Public Safety. No item shall be displayed in a manner that causes a safety hazard; obstructs the entrance to any building; interferes with, or impedes the flow of, pedestrian or vehicle traffic; is unsightly or creates any other condition that is detrimental to the appearance of the premises or any surrounding property; or in any other manner is detrimental to the public health, safety, or welfare or causes a public nuisance.
F.
Parking. Provide off-street parking spaces in a number equivalent to the number of parking spaces required for retail uses pursuant to the provisions of Chapter 18.76 (Parking and Loading).
G.
Dust. All unimproved parking areas and main walk areas shall be kept damp or shall be covered with a material to prevent the raising of dust.
H.
Signs. All signs and structures shall conform to applicable city codes.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.73.010 Purpose and applicability.
The purpose of this chapter is to allow for the construction and/or installation of public art as defined in Chapter 18.96 (Land Use Definitions) and as permitted within a zoning district. Typically administrative use review (AR) or a conditional use permit (CUP) is required prior to installation and the review criteria (Section 18.73.020) must be addressed.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.73.020 Review criteria.
When provided, public art shall meet the following criteria:
A.
Proposed artwork(s) shall not hinder public safety, including hazards to pedestrians and the creation of attractive nuisances.
B.
Public artwork locations shall be well-integrated with the layout and hardscape elements of the site and shall maintain visibility and proximity to the viewing public. Artwork shall be located in high activity areas.
C.
Public art shall be compatible with and enhance the aesthetic value of the building(s) or site.
D.
Potential obstructions, such as landscape materials at maturity or future construction should be considered in artwork placement.
E.
Artwork shall be located nearby seating and/or viewing areas, as appropriate, from which the artwork can be easily viewed.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.74.010 Purpose.
The purpose of this chapter is to create special regulations for projects with multiple parcels, buildings, and/or uses within a building. The intent is to encourage the integration of uses (vertically and horizontally) and to establish flexibility in the strict zoning regulations as they apply.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.74.020 Applicability.
The requirements of this chapter are applicable to all residential, commercial, office, and parks and recreation districts. Integrated development may be permitted as part of a design review application and/or conditional use permit. In reviewing integrated developments, the city will analyze the combined development rights applicable to the individual subject parcels that comprise the integrated development. The development rights of each parcel are available, on an aggregate basis, to the entire integrated development. Integrated development may be applied to any base zoning district.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.74.030 Integrated development provisions.
The city encourages integrated developments as a means to maximize development opportunities and to create dynamic and high quality projects throughout the community. Integrated development provisions allow the development rights of adjacent properties to be distributed throughout the development and not be limited to property or zoning lines. The intent is to provide design flexibility and promote a better integration of uses than would otherwise be available for nonintegrated or stand-alone developments. The city will also review the relationship of the uses to ensure the different pieces of the development are integrated together (e.g., pedestrian circulation and spaces, parking, lighting, access).
For example, if an integrated development includes parcels zoned neighborhood commercial (NC) and parcels zoned high density residential (HR), the corresponding development rights are not constrained to each individual parcel, respectively. Rather, the integrated development may redistribute the development rights available in the HR zone in some portion of the integrated development other than just the property(ies) zoned HR. Figure 18.74.030-1 (Examples of Integrated Development) illustrates this concept.
Figure 18.74.030-1: Examples of Integrated Development  |
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.74.040 Types of integrated developments.
Integrated developments can be achieved in a number of ways. This section is intended to explain a variety of scenarios in which integrated developments may be considered. In all cases, the individual pieces work together to create the integrated development. Integrated developments may include a combination of developed and undeveloped parcels.
A.
Common Ownership of Multiple Parcels. In instances where multiple parcels (either contiguous with shared property lines or located across the street from one another) are under the sole ownership of one party or ownership entity, a design review application may be submitted that involves all of the subject properties and as such will be considered together with respect to the design consideration and development rights.
B.
Multiple Ownership of Multiple Parcels. Multiple property owners may bring forward a design review application for an integrated development where subject parcels are contiguous or are located across the street from one another. As with common ownership, the application will be considered with respect to the zoning districts of the collective properties.
C.
Single Parcel with Supportive Use. A property owner may submit a design review application for a single-parcel integrated development that includes use(s) that would normally be supported within the zone but are not proposed in conjunction with a primary use (e.g., restaurant use in the MPO zone). In such instances, the city will consider a conditional use permit application on a case-by-case basis to determine if the proposed use can function as an integrated use with surrounding uses. The designated approving authority shall make the following findings:
1.
That the proposed use supports the activities of the surrounding uses;
2.
That the proposed use does not cause the character or overall development pattern of the area to change contrary to the development characteristics of the underlying zoning district; and
3.
That the intensity of the proposed use does not create a use that is predominant within the integrated development and, as such, would otherwise require a rezoning.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.76.010 Purpose.
The purposes of this chapter are to provide on-site vehicle parking for a variety of vehicle types (cars, bicycles, RVs, and trucks); adequate parking and loading spaces for all uses; and design standards and requirements to promote public safety and visual enhancement.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.76.020 Applicability.
The requirements of this chapter shall apply to the construction, change, or expansion of a use or structure as specified below. Off-street parking and loading requirements of this chapter shall be calculated as follows:
A.
New Uses and Structures. For all buildings or structures erected and all uses of land established after the effective date of this title, parking for vehicles and bicycles, and loading facilities, shall be provided as required by this chapter.
B.
Change in Use. When the use of any building, structure, or premises is changed, resulting in the required number of parking spaces to increase more than ten percent, additional parking shall be provided consistent with Section 18.76.030 (Off-street parking requirements). Previous parking modifications granted by the approving authority shall be null and void.
C.
Change of Occupancy. Where a new business license is required, additional parking spaces shall be provided if the new occupancy would result in an increase of more than ten percent in the required number of parking spaces.
D.
Modification to Existing Structures. Whenever an existing building or structure is modified such that it creates an increase of more than ten percent in the number of parking spaces required, additional parking spaces shall be provided in accordance with the requirements of this chapter.
E.
Downtown Core Exemptions. Off-street parking is not required within the downtown core (DC) exempt area.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.76.030 Off-street parking requirements.
The purpose of the parking schedule is to establish minimum standards that will provide adequate on-site parking, prevent the need for off-site parking, and provide adequate loading facilities. Every effort should be made to design parking capacity to meet but not exceed minimum zoning requirements listed in the table below.
Table 18.76.030-1 Off-Street Parking Requirements | |
|---|---|
Use | Parking Spaces Required |
Dwellings | 1 covered space per dwelling unit having 0 or 1 bedroom 2 spaces (1 covered) per dwelling unit having 2 or more bedrooms 2 spaces (2 covered) per dwelling unit having 3 or more bedrooms |
Apartments | 1 covered space per dwelling unit having 0 bedrooms (studio) 1.5 spaces (1 covered) per dwelling unit having 1 bedroom 2.0 spaces (1 covered) per dwelling unit having 2 bedrooms 2 spaces (1 covered) per dwelling unit having 3 or more bedrooms Plus 1 additional guest parking space for each 3 units |
Housing for the elderly | Same number of spaces required for dwellings or apartments; however, the number of spaces may be reduced if the planning commission makes a finding that not all spaces are needed. In making this finding, the commission shall consider: (1) the anticipated vehicle usage and characteristic visitor patterns of the occupants; (2) proximity of the building or site to shopping, service, health care facilities, and other transportation facilities; (3) proximity of public and commercial parking areas; (4) effect a reduced number of spaces would have on existing and anticipated parking conditions in the neighborhood; and (5) conditions deemed relevant by the planning commission. |
Auditoriums, stadiums, theaters, sports arenas | 1 space for every 4 seats |
Automobile sales | 1 space per 500 sq. ft. of floor area |
Automobile service and repair | 1 space per 250 sq. ft. of floor area |
Bowling alleys | 3 spaces per lane |
Child care facilities and day nurseries | 1 space per classroom plus 1 for every 20 children |
Churches, temples, or other places used for religious worship | 1 space for every 4 seats in the building with the largest capacity |
Convalescent facilities, group care facilities, nursing facilities | 1 space for every 3 beds |
Dance halls, assembly halls without fixed seating, meeting halls, clubs | 4 spaces per 150 sq. ft. of floor area used for dancing or assembly |
Establishments for the sale and consumption (on premises) of alcoholic beverages, food, or refreshments | 1 space for every 4 seats |
Furniture sales, major appliance sales, warehouse commercial | 1 space per 500 sq. ft. of floor area |
Golf courses, golf driving ranges | 5 spaces per golf course hole; 1 space per driving tee on a golf range; plus 1 space per 250 sq. ft. of floor area used for other commercial uses |
Hospitals | 1 space per bed |
Hotels, motels | 1 space per individual sleeping unit, plus 1 space for each 2 employees on the largest shift |
Libraries, museums, galleries | 1 space per 250 sq. ft. of floor area |
Manufacturing, processing, assembly machine and trade shops, and similar uses | 1 space per 1,000 sq. ft. of building area |
Medical or dental offices | 1 space per 200 sq. ft. of floor area |
Mortuaries/funeral homes | 10 spaces for each room used as a chapel/parlor, or 1 space per 35 sq. ft. of floor area of assembly rooms used for services, whichever amount is greater |
Open air commercial uses, nurseries, equipment rental | 1 space per 1,000 sq. ft. of lot area devoted to sales and display |
Open air industrial uses, salvage yards | 1 space per 2,500 sq. ft. of outside storage area |
Parks | 10 spaces per net acre of active recreational area within a park or playground; plus 5 spaces per net acre of passive recreational area within a park or playground |
Professional offices, financial institutions, business offices | 1 space per 250 sq. ft. of floor area |
Schools | 1 space per classroom, plus 1 space per 100 sq. ft. of auditorium or general assembly area |
Shopping centers | 1 space per 200 sq. ft. of floor area1 |
Warehousing/storage facilities/data centers | 1 space per 1,000 sq. ft. of floor area, or 1 space for every 2 employees on the largest shift, whichever is greater |
All uses not listed which are permitted in commercial districts | 1 space per 250 sq. ft. of floor area, excluding basements, mechanical areas, etc. |
All uses not listed which are permitted in industrial districts | 1 space per 500 sq. ft. of floor area or 1 space for every 2 employees on the largest shift, whichever is greater |
(Ord. 738 § 1 (Exh. A) (part), 2013; Ord. 868 § 1, 2023)
§ 18.76.040 Required accessible parking spaces.
A.
Number of Spaces. Each parking area associated with any type of land use listed in the Patterson zoning code, except for single-family and two-family residential dwellings, shall include a number of accessible parking spaces specifically reserved for vehicles licensed or authorized by the state of California for use by physically challenged/disabled drivers in accordance with the following table or as otherwise required by state or federal requirements.
Table 18.76.040-1 Accessible Parking Requirements | |
|---|---|
Total Spaces in Parking Area | Minimum Number of Accessible Spaces Required |
1—25 | 1 van accessible space |
26—50 | 2 including 1 van accessible space |
51—75 | 3 including 1 van accessible space |
76—100 | 4 including 1 van accessible space |
101—150 | 5 including 1 van accessible space |
151—200 | 6 including 1 van accessible space |
201—300 | 7 including 1 van accessible space |
301—400 | 8 including 1 van accessible space |
401—500 | 9 including 2 van accessible spaces |
501—1,000 | 2% including 3 van accessible spaces |
One space for each 200 spaces thereafter. | |
B.
Location. Such parking spaces shall be located within a reasonable proximity of any conveniently accessible entrance to the building served by the parking area.
C.
Dimensions. Typical accessible parking stalls shall be nine feet wide with a five-foot-wide loading/unloading area. Van accessible parking stalls shall be nine feet wide with an eight-foot-wide loading/unloading area. Any combination of two accessible parking stalls may share a single loading/unloading area of five feet in width, unless one of the parking stalls is van accessible, in which case the shared loading/unloading area shall be eight feet in width. The minimum length of each parking space shall be nineteen feet. Parking spaces required by this section shall be identified per state law requirements and designated per adopted city standards as shown below.
D.
Design. A bumper is required when no curb or barrier is provided, to prevent encroachment of cars over walkways. A curb ramp is required within the loading/unloading area when the adjacent walkway is at a different level than the parking elevation. Wheelchair users must not be forced to go behind parked cars, other than their own, to access the adjacent walkway.
Figure 18.76.040-1 Disabled Parking Space Requirements  |
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.76.050 Bicycle parking requirements.
Each parking area associated with any type of land use listed under Section 18.76.030, except for single-family and two-family residential dwellings, shall provide a number of bicycle parking spaces in accordance with the following:
A.
Number of Required Bicycle Parking Spaces.
1.
Short-Term Bicycle Parking. If a land use or project is anticipated to generate visitor traffic, the project must provide permanently anchored bicycle racks within two hundred feet of the visitors' entrance. To enhance security and visibility, the bicycle racks shall be readily visible to passersby. The bicycle capacity of the racks must equal an amount equivalent to five percent of all required off-street vehicle parking, as identified in Section 18.76.030. There shall be a minimum of one rack with capacity for two bicycles.
2.
Long-Term Bicycle Parking. Buildings with over ten tenant-occupants (e.g., multifamily tenants, owners, employees) shall provide secure bicycle parking for five percent of all required off-street vehicle parking spaces, as identified in Section 18.76.030. There shall be a minimum of one long-term bicycle parking space. Acceptable parking facilities shall be convenient from the street and include one or a combination of the following:
3.
A minimum of two bicycle parking spaces per acre is required with no fewer than two racks provided per site for all park and recreation facilities.
Figure 18.76.050-1 Required Bicycle Parking  |
B.
Bicycle Racks. Required bicycle parking may be provided in floor, wall, or ceiling racks. Where required bicycle parking is provided with racks, the racks must meet the following requirements:
1.
The bicycle frame and one wheel can be locked to the rack with a high security U-shaped shackle lock if both wheels are left on the bicycle.
2.
A bicycle six feet long can be securely held with its frame supported so that the bicycle cannot be pushed or fall in a manner that will damage the wheels or components.
C.
Parking and Maneuvering Areas. Each required bicycle parking space must be accessible without moving another bicycle. There must be an aisle at least five feet wide adjacent to all required bicycle parking to allow room for bicycle maneuvering. Where the bicycle parking is adjacent to a sidewalk, the maneuvering area may extend into the right-of-way. The area devoted to bicycle parking must be hard surfaced.
D.
Visibility. If required bicycle parking is not visible from the street or main building entrance, a sign must be posted at the main building entrance indicating the location of the bicycle parking.
E.
Parking on Public Sidewalks. Bicycle parking on public sidewalks may be beneficial to nearby businesses, particularly in the downtown. Bicycle racks should be installed so as to not obstruct pedestrian or vehicular traffic. Encroachment permits may be required. See Figure 18.76.050-2 (Bicycle Parking on Downtown Sidewalks).
Figure 18.76.050-2 Bicycle Parking on Downtown Sidewalks  |
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.76.060 Clean air vehicle parking requirements.
Repealed by Ord. 868.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.76.070 Electric vehicle charging.
Repealed by Ord. 868.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.76.075 General requirements. [1]
A.
Sizes and Access.
1.
Each standard-size off-street parking space shall have dimensions of not less than nine feet width and nineteen feet depth, exclusive of access drives or aisles, and shall be of usable shape, location, and condition.
2.
Compact spaces having dimensions not less than seven and one-half feet width and fifteen feet depth, exclusive of access drives and aisles, shall be permitted, not to exceed thirty percent of the total required parking stalls. Small car spaces shall have the word "compact" painted on the pavement at the entrance of each stall.
3.
Small vehicle spaces (e.g., motorcycles, mopeds) have a dimension of not less than four feet in width and nine feet in depth, exclusive of access drives and aisles, shall be permitted, not to exceed fifteen percent of total required parking stalls.
4.
End stalls and stall adjacent to raised curbing shall be a minimum of one foot wider than the normal stall width. The length of the space may be reduced by two feet if landscaped planters of sufficient width are used as curb stops.
B.
Standards for the design of parking spaces shall meet the following requirements and graphic:
1.
Space for turning around must be provided for parking areas of four or more spaces, so that no cars need to back into the street.
2.
The minimum width of a driveway serving four or less parking spaces shall be twelve feet.
3.
The minimum width of a driveway serving five to eight parking spaces shall be fifteen feet.
4.
A two-lane driveway with a minimum width of twenty-four feet, or separate twelve-foot, entrance and exit driveways shall be provided for parking areas having nine or more spaces.
Figure 18.76.070-1 Parallel Parking Space and Drive Aisle Dimensions  |
C.
Type and Location. Parking spaces required in connection with land uses shall be provided in designated parking areas, private garages or carports, or storage garages located on the same building site. Residential parking spaces shall not be permitted within a required front yard setback.
D.
Units of Measurement. For the purposes of this chapter, "floor area" in the case of offices, merchandising, or service types of uses shall mean the gross floor area used, or intended to be used, for service to the public as customers, patrons, clients or patients, or as tenants, including areas occupied by fixtures and equipment used for display or sale of merchandise. It shall not include areas used primarily for nonpublic purposes such as storage, packaging of merchandise, show windows, restrooms, utility rooms, kitchens, fitting or alteration rooms, and similar incidental uses.
E.
In stadiums, sports arenas, churches, and other places of public assembly in which patrons or spectators occupy benches, pews, or other similar seating facilities, each twenty inches by such seating facilities shall be counted as one seat for the purpose of determining requirements for off-street parking facilities.
F.
When units of measurements determining number of required parking spaces result in requirement of a fractional space, any fraction less than one-half shall be discarded and fractions of one-half or more shall require an additional parking space.
(Ord. 738 § 1 (Exh. A) (part), 2013)
[1]
Code reviser's note: Ord. 738 adds this section as 18.76.070. It has been renumbered to avoid duplication.
§ 18.76.080 Parking areas, development and maintenance.
Every parcel of land used as a public or private parking area shall be developed and maintained as follows:
A.
Surface of Parking Area. Parking areas shall be paved with a minimum of two inches of an asphalt or cement binder pavement over an approved sub-base to provide a durable and dust-free surface. The parking area shall be paved, graded, and drained to dispose of all surface water in accordance with the requirements of the city engineer.
B.
Temporary, unpaved parking areas are allowed subject to conditional use permit approval under the following conditions:
1.
Temporary parking lot must be located on the same parcel or contiguous parcel as a principal use and have access only through the principal use.
2.
Temporary parking lot area shall not exceed one acre in size.
3.
Temporary parking shall be permitted for a maximum period of one year with a possible one-year extension by the planning commission.
4.
In reviewing the conditional use permit, the planning commission may attach conditions for fencing, drainage, dust control, and other items as necessary to assure compatibility with surrounding uses.
C.
Protective Installation.
1.
To ensure the proper maintenance and utilization of parking facilities, parking areas shall be designed so that a parked vehicle does not overhang so as to obstruct pedestrian traffic and be destructive to plant materials.
2.
A continuous landscape divider with a minimum width of three feet shall be provided between every row of head-to-head parking unless waived in writing by the planning director.
3.
A permanent curb, bumper, wheel stop, or similar device shall be installed that is adequate to protect any structure or landscaping from vehicular damage. If such protection is designed to stop the wheel rather than the bumper, the wheel stop shall be placed no closer than two feet from the edges of required sidewalks, planter areas, or other landscaped areas and from any building or structure.
D.
Striping. All parking spaces shall be marked by striping, buttons, or a similar device to delineate spaces. Spaces shall be painted with a line width of four inches. Buttons shall be a minimum of three and one-half inches in diameter, spaced no more than three feet on center. Spaces shall be double striped with one foot of striping line within each stall, nineteen feet for each full-sized space and fifteen feet for compact car space, not including the semi-circular cap.
E.
Maintenance and Use. Parking surface, striping, and landscaping shall be maintained in good condition. Required parking and circulation areas shall not be converted to other uses.
Figure 18.76.080-1 Parking Space Striping  |
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.76.090 Parking exemptions and reductions.
The required number of parking spaces may be reduced in accordance with the following requirements:
A.
Exemptions.
1.
Hardship. In the case of unusual hardship, the planning commission may conduct a hearing to consider exceptions to the foregoing requirements. Applications for a reduction to off-street parking may be considered through the adjustment process (Section 18.16.110). However, the findings shall include that the establishment, maintenance, or use of off-street parking facilities, as proposed, are as nearly in compliance with the requirements set forth in this chapter as are reasonably possible.
2.
Downtown Core Exemption. Off-street parking is not required within the downtown core (DC) exempt area. The exempt area boundary shall be I Street to the north, Fifth Street to the west, E Street to the south, and Second Street (State Route 33) to the east. For any discretionary permit within the exempt area, the planning director may refer off-street parking requirement issues to the planning commission for its review. The planning commission may withdraw the exempt status of any new development within the exempt area.
B.
Minor Reductions. The following reductions may be permitted with administrative review approval by the planning director. The required number of parking spaces shall not be reduced by more than twenty percent without the issuance of a conditional use permit by the planning commission.
1.
On-street parking spaces adjacent to the property boundary may be counted toward off-street parking requirements if easily accessible to the primary entrance of the building.
2.
Ten percent reduction in total required parking space if the property boundary is adjacent to or within two hundred fifty feet of a transit stop.
3.
Fifteen percent reduction for a development that includes a minimum of ten residential units and fifty thousand square feet of office space.
4.
Within nonresidential zoning districts, the provision of clean air vehicle spaces may be used to reduce the total number of required vehicle spaces. One clean air vehicle space counts toward one and a half required (standard sized) parking spaces. Total reduction in required parking spaces cannot exceed a fifteen percent reduction.
5.
Up to five percent reduction for existing uses to enable property enhancements. Parking requirements for existing nonresidential development may be reduced by up to five percent, if spaces are replaced with any of the following: on-site public pedestrian plazas, seating areas, shelters, and/or walkways.
C.
Moderate Reductions. The following reductions may be permitted by the planning commission as part of a discretionary action (e.g., conditional use permit or design review):
1.
Use of Shared Parking. A shared parking plan must be submitted, which addresses the following requirements:
a.
Calculation of total parking requirements for conjunctive uses be based on the number of spaces adequate to meet various needs of the individual uses operating during the peak parking period.
b.
The peak hours of parking demand from all uses do not coincide so that peak demand will not be greater than the parking provided.
c.
The efficiency of parking provided will equal or exceed the level that can be expected if parking for each use were provided separately.
d.
A written shared parking agreement between the landowners and in some cases the city that runs with the land shall be filed, in a form satisfactory to the city attorney.
2.
Use of Car-Share Vehicles. The applicant has provided on-site parking for car-share vehicles and proof of a perpetual agreement with a car-share agency to provide at least one car-share vehicle on-site.
3.
Implementation and documentation of parking or travel demand management programs that encourage occupants to carpool, ride share, or use alternate transportation to reduce parking demand at the site.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.76.100 Truck loading requirements.
The number of loading spaces to be required shall be determined by the planning director based upon consideration of the following criteria:
A.
Evidence of the probable loading space needs of the proposed use.
C.
Minimum Truck Loading Stall Dimensions. The planning director shall establish the dimensions of each loading space required by this chapter, based upon the dimensions of vehicles which will likely utilize such space.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.76.110 Pedestrian access requirements.
A.
Provision of Pedestrian Paths to and Through Parking Areas. The pedestrian paths system shall be designed to provide the pedestrian safe passage throughout the project area and parking lot. Adherence to all of the following provisions will create maximum safe connectivity for pedestrians.
1.
A continuous path which connects the primary entrances of the structure(s) on the site to the parking area.
2.
Designated walking path along at least one side of drive aisles leading to main entrances.
3.
Where parking areas are located between a public right-of-way and a primary entrance into a site's primary use structure, a continuous and well-designated pedestrian path shall be provided through the parking area that connects the public right-of-way and the primary entrance.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.78.010 Landscape and irrigation plan approval required.
A.
Preliminary Landscape and Irrigation Plan. A preliminary landscape plan shall be submitted as part of an application for a land use entitlement, for new development, and for the significant expansion or redevelopment of an existing use as determined by the planning director.
B.
Final Landscape and Irrigation Plan. Following approval of the land use entitlement, a final landscape plan shall be submitted as part of the application for a building permit. Final plans shall be approved by the planning director prior to the start of on-site construction or soil disturbance and prior to the issuance of a building permit.
C.
Content. Preliminary landscape and irrigation plans and final landscape and irrigation plans shall contain information as specified in the instructions for preparing landscape plans provided by the planning department.
D.
Review and Approval. After initial application, the planning director shall review each preliminary landscape and irrigation plan and final landscape and irrigation plan to verify its compliance with the provisions of this chapter. The planning director may approve the submittal in compliance with this chapter or may disapprove or require changes to a submittal that is not in compliance.
E.
Statement of Surety. When required by the planning director, a statement of surety in the form of cash, performance bond, letter of credit, or certificate of deposit, in an amount equal to one hundred fifty percent of the total value of all plant materials, irrigation, installation, and maintenance shall be posted with the city for a two-year period. The planning director may require statements of surety for phased development projects, a legitimate delay in landscape installation due to seasonal requirements (including adverse weather conditions), and similar circumstances where it may not be advisable or desirable to install all of a project's landscaping before occupancy of the site.
F.
Minor Changes to Approved Plans. Landscape and irrigation plan approval may include the planning director authorizing minor changes from the requirements of this chapter.
G.
Water Efficiency. All landscape and irrigation plans shall be prepared in compliance with city of Patterson Ordinance No. 485: Water Efficient Landscape Ordinance for New Construction and Development.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.78.020 Landscape area requirements.
Landscaping shall be provided in the locations specified below, except for single-family uses.
A.
Setbacks. All setback and open space areas required by the ordinance codified in this chapter and easements for utilities and drainage courses shall be landscaped, except where a required setback is screened from public view or it is determined by the planning director that landscaping is not necessary to fulfill the purposes of this chapter.
B.
Unused Areas. All areas of a project site not intended for a specific use, including pad sites held for future development, shall be landscaped unless it is determined by the planning director that landscaping is not necessary to fulfill the purposes of this chapter.
C.
Parking Lot Landscape. Parking lot landscape includes perimeter planters, abutting parking lots and drive aisles, tree planting for parking lot shade, and a combination of continuous planting strips, planting fingers, and parking islands throughout the parking lot. Parking lot landscape requirements applicable to commercial, industrial, mixed-use, and multifamily parking lots with five or more spaces are listed below.
Figure 18.78.020-1 Screening of Commercial Parking Lots  |
Figure 18.78.020-2 Landscaping for Interior Parking Areas  |
Figure 18.78.020-3 Landscaping for Perimeter of Parking Areas  |
1.
Number of Trees Required. Trees shall be required at a rate of one tree for every ten parking stalls. In addition, perimeter shade trees shall be required at a minimum rate of one for every thirty linear feet of landscaped area. At maturity, trees should reach a minimum height and spread of forty feet so as to form a shade canopy over parking stalls. Smaller ornamental trees may not be used to satisfy this requirement. The minimum width for planters containing a parking lot tree is six feet. Tree selections shall be approved by the planning director.
2.
Total Landscaped Area. A minimum of ten percent of the total off-street parking area shall be landscaped with trees, shrubs, and appropriate ground cover. The parking area shall be computed by adding the areas used for access drive aisles, stalls, maneuvering, and landscaping within that portion of the premises that is devoted to vehicular parking and circulation.
3.
Bumper Overhang Areas. To increase the parking lot landscaped area, a maximum of two feet of the parking stall depth may be landscaped with low-growth, hearty materials in lieu of paving, allowing a two-foot bumper overhang while maintaining the required parking dimensions.
4.
Perimeter Landscaping. Each unenclosed parking facility shall provide a perimeter landscaped strip at least fifteen feet wide (inside dimension) where the facility adjoins a front, side, or rear property line. The perimeter landscaped strip may include any landscaped yard or landscaped area otherwise required and shall be continuous, except for required access to the site or parking facility. Trees shall be provided at the rate of one for each thirty linear feet of landscaped area. When parking areas are located adjacent to structures, a minimum five-foot-wide landscape strip shall be provided adjacent to the structure.
5.
Screening. All surface parking areas shall be screened from streets and adjoining properties, and the open space areas between the property line and public street right-of-way shall be landscaped with a combination of trees, shrubs, and ground cover. Perimeter landscaping shall be designed and maintained to screen cars from view from the street to a height of between thirty inches and forty-two inches. Screening may be accomplished solely by landscaping or in conjunction with a decorative masonry wall or berming. Screening shall conform with clear vision triangle regulations (see Section 18.60.050, Vision triangle). A solid masonry wall, eight feet in height, shall be used for screening between residential and nonresidential uses. Screen planting or wooden fences may be substituted for aesthetic reasons, or in cases of unusual hardship; provided, that the design and plant material is approved by the planning director.
6.
Location of Landscaping. Parking lot landscaping shall be located so that pedestrians are not required to cross unpaved or landscaped areas to reach building entrances from parked cars. This should be achieved through proper orientation of the landscaped fingers and islands. Landscaping shall be evenly dispersed throughout the parking area. Use of an orchard-style planting scheme (placement of trees in uniformly spaced rows) is encouraged for larger parking areas. Parking lots with more than one hundred spaces should provide a concentration of landscape elements at primary entrances, including specimen trees, flowering plants, enhanced paving, and project identification.
7.
Existing Trees. Existing mature trees on the site in good health shall be preserved whenever possible.
8.
Planter Design. All parking lot planters shall be separated from maneuvering and parking areas by a six-inch raised concrete curb or equivalent.
9.
Tree planting wells located at the front of parking stalls shall contain a minimum of twenty-five square feet and the smallest outside dimension shall not be less than five feet.
10.
Landscape planters along the sides of parking stalls shall contain a minimum of ninety square feet and the smallest outside dimension shall not be less than six feet.
11.
Planters or planting areas shall include automatic irrigation systems and shall be distributed throughout the area to shade spaces on a uniform basis during summer months
D.
Drought-Tolerant Planting. The majority of landscaping shall utilize drought-tolerant plants in coordination with the adopted water-efficient landscape ordinance.
E.
Drainage Areas, Retention/Detention Basins. All surface drainage facilities and retention/detention basins shall be landscaped and integrated as an amenity into the site and landscaping plan for a project. Plant materials shall be chosen that are water tolerant and that provide visual relief to the appearance of the retention/detention basin during periods when no water is present.
F.
Wet Ponds. Wet ponds may be incorporated into the site and landscaping plan as an amenity which may also provide stormwater retention/detention. All such ponds shall be integrated as an amenity into the site and landscaping plan for a project.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.78.030 Maintenance of landscape areas.
A.
Maintenance Required. All landscaped areas shall be maintained in a healthful and sound condition at all times. Irrigation systems and their components shall be maintained in a fully functional manner consistent with the originally approved design and the provisions of this chapter. Regular maintenance shall include checking, adjusting, and repairing irrigation equipment; resetting automatic controllers; aerating and dethatching turf areas; adding/replenishing mulch, fertilizer, and soil amendments; pruning; and weeding all landscaped areas.
B.
Water Waste Prohibited. Water waste in existing developments resulting from inefficient landscape irrigation leading to excessive runoff, low head drainage, overspray, and other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, or structures is prohibited.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.78.040 Low impact development (LID).
A.
Employ at least two of the following methods or other best management practices to allow rainwater to soak into the ground, evaporate into the air, or collect in storage receptacles for irrigation or other beneficial uses. LID strategies include, but are not limited to:
1.
Bioretention (rain gardens);
2.
Cisterns and rain barrels;
3.
Green roofs meeting the structural requirements of the building code;
4.
Roof leader disconnection;
5.
Permeable and porous paving;
6.
Vegetative swales and filter strips;
7.
Tree preservation;
8.
Volume retention suitable for previously developed sites.
B.
Implementation. If applicable, coordinate LID projects with the local Regional Water Quality Control Board, which may issue a permit or otherwise require LID.
C.
Water Permeable Surfaces. Permeable paving should be utilized for walking or patio surfaces for not less than twenty percent of the walking or patio surfaces. Required accessible routes for persons with disabilities shall not be permeable and are exempt from the calculations.
Figure 18.78.040-1 Examples of Pervious Paving  |
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.78.050 Tree removal and replacement.
A.
Applicability. This section applies to all plant materials on an approved landscape plan or tree removal permit.
B.
Replacement Schedule. All plant material removed from a project in which the planning department has approved the landscape plan or tree removal permit shall be replaced with the following replacement sizes: shrubs, five-gallon size; ground cover, flats. Replacement of trees shall be as specified in Section 18.78.060 (Replanting requirements and replacement fee).
C.
Tree Removal. Tree removal shall be limited to trees which are in poor health, structurally distressed, or unsafe. The removal of a tree shall be the final recourse upon determining that it is infeasible to save the tree by any other method (e.g., pruning, treatment of diseases, fertilizing). Prior to the removal of any tree, planning director approval is required. The following information shall be required:
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.78.060 Replanting requirements and replacement fee.
A.
Replacement trees shall be required for trees removed with or without director approval as set forth below.
B.
Trees removed or severely and improperly trimmed shall be replaced according to Table 18.78.060-1.
Table 18.78.060-1: Tree Replacement Schedule | |
|---|---|
Size of Damaged/Removed Tree | Replacement Tree Required |
2 inches | 15-inch box |
4 inches | 24-inch box |
6 inches or greater | 36-inch box |
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.78.070 Single-family residence landscaping requirements.
A.
For single-family residential properties, no more than fifty percent of the front yard and street side yard area shall be nonpervious surface (e.g., used as a driveway). Deviations from these standards may be allowed through architectural and site plan review for small-lot single-family developments at the time of master home plan review where these standards preclude the maximum lot coverage from being achieved.
B.
Remaining unpaved portion of the setback areas shall be landscaped, irrigated, and maintained. At least one-third of the landscaped area shall be provided by trees, shrubs, and other plant material. All other areas shall have wood chips, decorative rock, decomposed granite or other as approved by the community development department. All landscaping shall be maintained per the Patterson Municipal Code and/or as often as necessary to prevent a nuisance. No junk, debris, or other similar materials shall be stored in the landscaped areas.
C.
Pervious surfaces shall not be used for off-street parking of vehicles or loading spaces.
D.
A driveway permit shall be required for construction of a new driveway, expansion of an existing driveway, or construction of a new walk. Repair or replacement of an existing driveway or walk shall not require a driveway permit.
(Ord. 848, 2020)
§ 18.80.010 Purpose.
The purpose of this chapter is to regulate lighting to balance the safety and security needs for lighting with the city's desire to ensure that light trespass and glare have negligible impact on surrounding properties (especially residential) and roadways.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.80.020 Applicability.
The requirements of this chapter apply to all new development. Whenever a person is required to obtain a building permit, electrical permit, and/or approval of a planning entitlement, the applicant shall submit sufficient information for the approving authority to determine whether the proposed lighting will comply with the requirements of this chapter.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.80.030 Exempt lighting.
The following items shall be exempt from the requirements of this chapter:
A.
Temporary lights used for holiday decorations.
B.
Emergency lighting erected for official purposes by local, state, or federal agencies.
C.
Lighting for temporary uses and special events permitted consistent with this code.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.80.040 Prohibited lighting.
The following types of lighting are prohibited:
A.
Neon tubing or band lighting (including LCD, LED, and other technologies) along buildings and/or structures as articulation, except as approved through minor design review (Section 18.16.120).
B.
Search lights, laser source lights, or any similar high-intensity light, except for emergency use by police or fire personnel or at their discretion, or for approved temporary lighting for a special event approved through the administrative review (AR) process.
C.
Lighting fixtures operated in such a manner as to constitute a hazard or danger to persons or to safe vehicular travel.
D.
Illumination of entire buildings.
E.
Roof-mounted lighting except for security purposes.
F.
Moving, flashing, or animated lighting.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.80.060 General lighting requirements.
The requirements listed below shall apply to all outdoor lighting.
A.
Maintenance. Fixtures and lighting shall be maintained in good working order and in a manner that serves the original design intent.
B.
Nuisance Prevention and Shielding. All outdoor lighting shall be designed, located, installed, directed downward or toward structures, fully shielded, and maintained in order to prevent glare, light trespass, and light pollution. All outdoor lighting shall be recessed and/or constructed with full downward shielding in order to reduce light and glare impacts on trespass to adjoining properties and public rights-of-way. Each fixture shall be directed downward and away from adjoining properties and public rights-of-way, so that no light fixture directly illuminates an area outside of the project site intended to be illuminated.
C.
Height. The maximum height of light poles on private property shall be:
1.
Thirty-two feet for all nonresidential districts;
2.
Twenty-four feet for all residential districts and within one hundred feet of a residential zoning district;
3.
Exceptions to the height limits shall be considered by the planning commission for athletic fields and other unique circumstances where additional height is required.
D.
Level of Illumination. Outdoor lighting shall be designed to illuminate at the minimum level necessary for safety and security and to avoid the harsh contrasts in lighting levels between the project site and adjacent properties. Illumination requirements are provided in Table 18.78.060-1 (Illumination Requirements).
Table 18.80.060-1 Illumination Requirements | |||
|---|---|---|---|
Category | Where Measured | Required Illumination (minimum or maximum) | Notes |
Public, civic, and religious uses, and sports fields and other outdoor recreation areas | Permitted to be fully illuminated during hours of operation. After hours, may be dimmed or turned off such that only lighting essential to security or safety shall be maintained. | Lighting fixtures shall be mounted, aimed, and shielded so that the light falls within the primary playing area and no significant off-site light trespass is produced. | |
Parking lots, driveways, trash enclosures, public phones, group mailboxes | Within 2-foot radius of object edge | 1.0 foot-candle (minimum) 4.0 foot-candles (maximum) | At all hours |
Parking lots for banks, convenience stores, check cashing businesses | At point of highest and lowest light level | 1.5 foot-candle (minimum) 4.0 foot-candles (maximum) | During operating hours |
Pedestrian walkways | Center of walkway at point of highest and lowest light level | 0.5 foot-candle (minimum) 2.0 foot-candles (maximum) | Only applies to walkways intended for use after dark |
Nonresidential structures, entryways, and doors—on site | 5-foot radius of door (each side) | 1.0 foot-candle (minimum) | During hours of darkness |
Nonresidential structures, entryways and doors—off site | 15 feet beyond the site boundary | 0.01 foot-candle (maximum) | During hours of darkness |
Adjacent residential property | At structure and rear setback line | 0.01 foot-candle (maximum) | Equivalent to moon's potential ambient illumination |
E.
Hours. Automatically control exterior lighting dusk to dawn to turn off or lower light levels during inactive periods.
G.
Energy-Efficient Fixtures Required. Outdoor lighting shall utilize energy-efficient fixtures and lamps such as high-pressure sodium, metal halide, low-pressure sodium, hard-wired compact fluorescent, or other lighting technology that is of equal or greater efficiency. All new outdoor lighting fixtures shall be energy efficient with a rated average bulb life of not less than ten thousand hours.
H.
Accent Lighting. Architectural features may be illuminated by uplighting; provided, that the lamps are low intensity to produce a subtle lighting effect and no glare or light trespass is produced. Wherever feasible, solar-powered fixtures shall be used.
I.
Security Lighting. All multiple-family residential complexes shall provide security lighting as approved by the planning commission and police department.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.82.010 Purpose.
The regulations established by this chapter are intended to appropriately limit the placement, type, size, and number of signs allowed within the city and to require the proper maintenance of signs. The purposes of these limitations and requirements is to:
A.
Avoid traffic safety hazards to motorists and pedestrians caused by visual distractions and obstructions;
B.
Promote the aesthetic and environmental values of the community by providing for signs that do not impair the attractiveness of the city as a place to live, work, and shop;
C.
Provide for signs as an effective channel of communication, while ensuring that signs are aesthetically proportioned in relation to adjacent structures and the structures to which they are attached; and
D.
Safeguard and protect the public health, safety, and general welfare.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.82.020 Applicability.
A.
Signs Regulated. The requirements of this chapter shall apply to all signs in all zoning districts, except on a site for which a specific plan has established separate sign regulations.
B.
Applicability to Sign Content. The provisions of this chapter do not regulate the message content of signs (sign copy), regardless of whether the message content is commercial or noncommercial.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.82.030 Sign permit requirements.
A.
No sign shall be installed, constructed, or altered unless a sign permit is first obtained in compliance with Division II (Procedures), Section 18.16.080, or the sign is allowed without sign permit approval by subsection B of this section. There are three types of sign approvals: (1) temporary sign permits; (2) sign permits; and (3) master sign program. A building permit may also be required. After approval of a sign permit and/or master sign plan, each sign installed and maintained on the subject site shall comply with the permit and plan.
B.
Signs and Sign Changes Allowed Without a Sign Permit. The following are permitted without a sign permit; provided, that they comply with Section 18.82.050 (General requirements for all signs), and any required building permit is obtained.
1.
Modifications to sign copy on conforming signs, or changes to the face or copy of conforming changeable copy signs, such as changing the removable face of an internally illuminated wall sign.
2.
Nonstructural modifications of the face or copy of an existing conforming sign installed in compliance with a master sign plan; provided, that the modifications are consistent with the master sign plan.
3.
The normal maintenance of conforming signs.
5.
Governmental Signs. Signs installed by the city, or a federal or state governmental agency, within a public right-of-way, and any sign, posting, notice, or similar sign placed by or required by a governmental agency in carrying out its responsibility to protect public health, safety, and general welfare.
6.
Noncommercial Flags. Noncommercial flags; provided, that the length of the flag shall not exceed one-fourth the height of the flag pole. The maximum allowed height of a flag pole in a residential zoning district shall be twelve feet; the maximum height of a flag pole in a nonresidential zoning district shall be thirty feet. Additional height may be authorized through design review approval. No flag shall be located within the public right-of-way.
7.
Public Directional Signs and Notices. Signs showing the location of public facilities such as public telephones, restrooms, and underground utilities.
8.
Service Station Price Signs. Service station price signs required by state law.
9.
Street Addresses. Street address numbers not exceeding an aggregate area of two square feet.
10.
Political Signs. Political signs are allowed without a sign permit; provided, that the signs comply with the following requirements:
a.
Candidates or political committees desiring to post signs within the city shall first post a refundable deposit of two hundred dollars with the city clerk.
b.
No political sign shall exceed eight square feet in area in a residential zone and thirty-two square feet in a nonresidential zone; and, if freestanding, no more than six feet in height.
c.
No political sign shall be a roof sign, and no political sign shall be posted on, under, above or across any public property, or within or above a public right-of-way.
d.
No political sign shall be posted without the approval of the property owner; provided, that no property owner shall approve or allow more than an aggregate of eighty square feet of political signs per lot of record.
e.
No political signs shall be posted earlier than forty-five days prior to the election at which the candidates or measures will be voted upon, and each sign shall be removed within ten days after the election.
f.
Signs shall be removed within ten days following the election. Signs not removed shall be removed by the city at the expense of the political candidate or organization involved.
(Ord. 738 § 1 (Exh. A) (part), 2013; Ord. 767 (part), 2014)
§ 18.82.040 Prohibited signs.
All signs not expressly permitted by this chapter shall be prohibited. Examples of prohibited signs include the following.
A.
Abandoned signs.
B.
Signs with flashing, moving, or animated illumination (e.g., flashing signs), except in the case of grand opening or special event signs as permitted with administrative use review.
C.
Balloons and other inflatable devices, except in the case of grand opening or special event signs as permitted with administrative use review.
D.
Banners displaying a commercial message, except when allowed through a temporary use permit.
E.
Billboards.
F.
Flags, except those allowed by Section 18.82.030(B).
G.
Illegal signs.
H.
Moving signs (except barber poles), except in the case of grand opening or special event signs as permitted with administrative use review.
J.
Permanent off-site signs.
K.
Pennants.
L.
Can signs or any internally illuminated cabinet sign.
M.
Pole signs, unless otherwise approved by special permit (e.g., along highway).
N.
Freestanding signs over thirty feet in height unless otherwise approved by special permit (e.g., along highway).
O.
Roof signs or signs placed above the roofline, except in the case of grand opening or special event signs as permitted with administrative use review.
P.
Wind and air signs that are designed to move based on air flow, except in the case of grand opening or special event signs as permitted with administrative use review.
Q.
Inflatable signs, including inflatable objects, except in the case of grand opening or special event signs as permitted with administrative use review.
R.
Because of the city's compelling interest in ensuring traffic safety, signs that simulate in color, size, or design any traffic control sign or signal, or that make use of words, symbols, or characters in a manner that interferes with, misleads, or confuses pedestrian or vehicular traffic.
S.
Signs attached to or suspended from a vehicle parked within a public right-of-way, or in a location on private property that is visible from a public right-of-way, except a sign painted directly upon, magnetically affixed to, or permanently affixed to the body or other integral part of the vehicle.
U.
Signs which block a pedestrian path of travel.
V.
Signs that are dilapidated, abandoned, or in disrepair or a dangerous condition.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.82.050 General requirements for all signs.
A.
Sign Area Measurement. The measurement of sign area to determine compliance with the sign area limitations of this chapter shall occur as follows.
1.
The surface area of a sign shall be calculated by enclosing the extreme limits of all framing, writing, logo, representation, emblem, or other display within a single continuous perimeter composed of squares or rectangles with no more than eight lines. See Figure 18.82.050-1.
2.
Supporting framework or bracing that is clearly incidental to the display itself shall not be computed as sign area.
3.
The area of a double-faced (back-to-back) sign shall be calculated as a single sign face if the distance between each sign face does not exceed eighteen inches and the two faces are parallel with each other.
Figure 18.82.050-1 Sign Area Measurement  |
Figure 18.82.050-2 Dimensional Sign Area Measurement  |
4.
Where a sign consists of one or more three-dimensional objects (i.e., balls, cubes, clusters of objects, sculptures, or statue-like trademarks), the sign area shall be measured as their maximum projection upon a vertical plane. See Figure 18.82.050-2.
5.
The area of any time and/or temperature device incorporated into a sign shall not be included in the calculation of total sign area.
B.
Freestanding Sign Height Measurement. The height of a freestanding sign shall be measured as the vertical distance from the lowest point of the base of the sign structure to the highest point of the structure, where the lowest point of the base of the structure does not include fill, planters, or other material artificially placed to allow increased sign height.
Figure 18.82.050-3 Sign Height Measurement  |
C.
Sign Location Requirements.
1.
All signs shall be located on the same site as the subject of the sign, except as otherwise allowed by this chapter. A sign may project over an adjacent public right-of-way only when authorized by an encroachment permit as well as a sign permit.
2.
No sign shall be located within the public right-of-way, except as otherwise allowed by this chapter.
3.
The location of all signs shall be evaluated to ensure:
a.
That the setback is appropriate for the height and area of a freestanding or projecting sign.
b.
That flush or projecting signs relate to the architectural design of the building. Signs that cover windows, or that spill over natural boundaries and/or cover architectural features, shall be discouraged.
c.
That signs do not unreasonably block the sight lines of existing signs on adjacent properties.
d.
Pedestrian and vehicular safety is not compromised.
D.
Design Criteria for Signs. The following design criteria shall be used in reviewing the design of individual signs. Substantial conformance with each of the following design criteria shall be required before a sign permit or building permit can be approved.
1.
Color. Colors on signs and structural members should be harmonious with one another and relate to the dominant colors of the building or buildings being identified. Contrasting colors may be utilized if the overall effect of the sign is still compatible with the building colors and prevailing colors in the surrounding neighborhood (where a theme can be identified).
2.
Design and Construction.
a.
Proposed permanent signs should 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), or others who are capable of producing professional results.
b.
All permanent signs should be constructed by persons whose principal business is building construction or a related trade, including sign manufacturing and installation businesses, or others capable of producing professional results. The intent is to achieve signs of careful construction, neat and readable copy, and durability so as to reduce maintenance costs and to prevent dilapidation.
3.
Materials and Structure.
a.
Sign materials (including framing and supports) should be representative of the type and scale of materials used on the site of the sign. Sign materials should match those used on the building and on other signs.
b.
Materials for permanent signs shall be durable and capable of withstanding weathering over the life of the sign with reasonable maintenance.
c.
The size of the structural members (e.g., columns, crossbeams, and braces) should be proportional to the sign panel they are supporting. In general, fewer larger supporting members are preferable to many smaller supports.
d.
The use of individual letters incorporated into the building design is encouraged, rather than signs with background and framing other than the building wall.
e.
The use of reflective materials or surfaces may be approved only where the review authority determines that these materials will not distract motorists or create other hazards, and should be minimized in all cases.
E.
Copy Design Guidelines. The city does not regulate the message content (copy) of signs; however, the following are principles of copy design and layout that can enhance the readability and attractiveness of signs. Copy design and layout consistent with these principles is encouraged, but not required.
1.
Sign copy should relate only to the name and/or nature of the business or commercial center.
2.
Permanent signs that advertise continuous sales or special prices, or include phone numbers, etc., should be avoided.
3.
Information should be conveyed briefly or by logo, symbol, or other graphic manner. The intent should be to increase the readability of the sign and thereby enhance the identity of the business.
4.
The area of letters or symbols should not exceed forty percent of the background area in commercial districts or sixty percent in residential districts.
F.
Sign Lighting. The artificial illumination of signs, either from an internal or external source, shall be designed to minimize light and glare on surrounding rights-of-way and properties.
1.
The city prefers that a sign be illuminated by lights shining on the sign rather than by lights within the sign, although signs comprised of individually mounted, internally lit letters may be found acceptable.
2.
External light sources shall be directed and shielded so that they do not produce glare on any object other than the sign and/or off the site of the sign.
3.
The light from an illuminated sign shall not be of an intensity or brightness that will interfere with the reasonable enjoyment of residential properties. In areas with low ambient nighttime illumination levels (i.e., areas of the city with little or no illuminated signing), a sign should be designed to use light, illuminated copy against a dark or opaque background.
4.
Sign illumination shall not blink, flash, flutter, or change light intensity, brightness, or color.
5.
Colored lights shall not be used at a location or in a manner so as to be confused with or construed as traffic control devices.
6.
Neither the direct nor reflected light from primary light sources shall create a hazard to operators of motor vehicles.
7.
Reflective-type bulbs and incandescent lamps that exceed fifteen watts shall not be used on the exterior surface of signs so as to expose the face of the bulb or lamp to a public right-of-way or adjacent property.
8.
Light sources shall utilize energy-efficient fixtures to the greatest extent possible.
9.
Illuminated panels, visible tubing, and strings of lights outlining all or a portion of a building, other than lighting that is primarily for indirectly illuminating architectural features, signs, or landscaping, shall be deemed "signs" subject to this chapter and shall be counted as part of the allowed sign area. Each line of tubing or lights shall be deemed to have a minimum width of at least six inches for the purpose of area calculation.
G.
Maintenance of Signs. Each sign and supporting hardware, including temporary signs, shall be maintained in good repair and functioning properly at all times. Any repair to a sign shall be of equal or better quality of materials and design as the original sign. A sign that is not properly maintained and is dilapidated shall be deemed a public nuisance and may be abated in compliance with this code.
H.
When an existing sign is removed or replaced, all brackets, poles, and other supports that are no longer required shall be removed. Unpainted areas shall be painted to match the adjacent portion of the building or sign support structure.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.82.060 Sign standards by zoning district.
Each sign shall comply with the sign type, area, height, and other restrictions provided by this section, except as otherwise expressly provided in Section 18.82.040 (Prohibited signs) or Section 18.82.070 (Standards for specific types of signs).
A.
Residential Zoning Districts. Each sign in a residential zoning district established by Title 18 (Zoning) shall comply with the following requirements.
B.
Commercial and Industrial Zoning District Sign Standards. Each sign in the commercial and industrial zoning districts established by Chapters 18.42 through 18.46 shall comply with the requirements in Table 18.82.060-2, in addition to the provisions of Section 18.82.070 (Standards for specific types of signs), as applicable.
Table 18.82.060-1 Sign Standards for Residential Zoning Districts | |||
|---|---|---|---|
Allowed Sign Types | Maximum Sign Height | Maximum Number of Signs Allowed per Parcel | Maximum Sign Area Allowed per Parcel |
Wall or monument to identify or name a subdivision | Wall signs: below edge of roof Monument: 6 ft | 1 of either allowed sign type per entrance or street frontage | 32 sf maximum each; 64 sf total for all signs |
Table 18.82.060-2 Sign Standards for Commercial and Industrial Zones | ||||||
|---|---|---|---|---|---|---|
Allowed Sign Types | Maximum Sign Height | Maximum Number of Signs Allowed per Parcel | Maximum Sign Area Allowed per Parcel | Building Floor Allowed | Standards | |
A-frame | 4 ft; measured perpendicular from the sidewalk surface to the highest point of the sign | One per business | 10 sf: 4 ft maximum height x 2 ft 6 inches maximum width | Ground Floor/Ground-Mounted | 18.82.070(A) | |
Awning | Below Roof(1) | See Table 18.82.060-3 (Maximum Number and Area of Signs Permitted Per Parcel) | See Table 18.82.060-3 (Maximum Number and Area of Signs Permitted Per Parcel) | Ground Floor/Ground-Mounted, Second Floor | 18.82.070(B) | |
Freestanding, Monument | 8 ft | See Table 18.82.060-3 (Maximum Number and Area of Signs Permitted Per Parcel) | See Table 18.82.060-3 (Maximum Number and Area of Signs Permitted Per Parcel) | Ground/Ground-Mounted | 18.82.070(C) | |
Freestanding, Center Identification | 30 ft | Ground/Ground-Mounted | 18.82.070(C) | |||
Freeway-Oriented Sign | 30 ft | Ground/Ground-Mounted | 18.82.070(D) | |||
Wall, Projecting | Below Roof(1) | See Table 18.82.060-3 (Maximum Number and Area of Signs Permitted Per Parcel) | See Table 18.82.060-3 (Maximum Number and Area of Signs Permitted Per Parcel) | Ground/Ground-Mounted | 18.82.070(E) | |
Suspended | Below eave/canopy; at least 8 ft above a walking surface | See Table 18.82.060-3 (Maximum Number and Area of Signs Permitted Per Parcel) | See Table 18.82.060-3 (Maximum Number and Area of Signs Permitted Per Parcel) | Ground/Ground-Mounted | 18.82.070(F) | |
Temporary/Portable | See Section 18.82.080 | |||||
Second Floor Signs (Awning, Projecting, Wall) | Below roof(1) | 1 per tenant space | 12 sf for each tenant. 1 directory sign not to exceed 12 sf is also allowed to identify upper-floor occupants. The directory sign may be building- or ground-mounted. | Second Floor | 18.82.070(G) | |
Window | 1 per tenant space | 20% of the total window area | Ground/Ground-Mounted, Second Floor | 18.82.070(H) | ||
Notes: |
|---|
(1) At least one foot below the top of a parapet, the sill of a second floor window, and/or the lowest point of any cornice or roof overhang. |
Table 18.82.060-3 Maximum Number and Area of Signs Permitted per Parcel | ||
|---|---|---|
Tenants per Site or Building | Maximum Number of Signs | Maximum Sign Area |
1 to 3 Tenants | 3 of any type allowed per primary building frontage; plus 1 of any type allowed per secondary building frontage. | Interior parcel: 1 sf for each linear foot of primary building frontage. Parcel with multiple frontages (e.g., corner parcel): 1 sf for each linear foot of primary building frontage plus 0.5 sf for each foot of secondary frontage. The total area of all signs on a single building shall not exceed the total linear feet in the related frontage. No more than 150 sf in sign area permitted per establishment. |
4 or More Tenants | 1 per single business frontage (see Section 18.16.090, Master sign plan, for additional flexibility). | Interior parcel: 1 sf for each linear foot of primary building frontage. Parcel with multiple frontages (e.g., corner parcel): 1 sf for each linear foot of primary building frontage plus 0.5 sf for each foot of secondary frontage. The total area of all signs on a single building shall not exceed the total linear feet in the related frontage. No more than 150 sf in sign area permitted per establishment. An additional freestanding identification sign of 0.25 sf for each linear foot of primary building frontage is permitted, up to a maximum sign area of 150 sf. |
Figure 18.82.060-4a Sign Types  |
Figure 18.82.060-4b Sign Types  |
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.82.070 Standards for specific types of signs.
Proposed signs shall comply with the following standards, where applicable, in addition to the sign area, height, and other requirements of Section 18.82.060 (Sign standards by zoning district), and all other applicable provisions of this chapter.
A.
A-Frame and Other Portable Sidewalk Signs. Each business may display one A-frame or other portable sidewalk sign in compliance with the following standards.
1.
Limitation on Location. An A-frame or other portable sidewalk sign shall be approved only within a commercial zoning district within the downtown area identified by the general plan.
2.
Encroachment Permit. In addition to the sign permit required by this chapter, an encroachment permit shall be obtained from the public works department before any sign is placed in the public right-of-way. A public liability insurance policy, approved by the city attorney and naming the city of Patterson and its officers and employees as insureds, shall be provided to the city prior to issuance of an encroachment permit.
3.
Sign Placement. A portable sidewalk sign shall be placed only within the boundaries of the applicable business's street frontage and shall be positioned so that it will not:
4.
Graphics and Appearance.
a.
Maximum sign height is four feet.
b.
Professionally prepared graphic design and materials required.
c.
Construction shall be completed in a workmanlike manner. "Homemade" appearance is prohibited.
d.
Creativity in sign design, outline and graphics are encouraged. Menu chalkboards, company logos and specifically permitted. Electronic readerboards and any electronic components are prohibited.
5.
Stabilization. The sign shall be stabilized to withstand wind gusts or must be removed during windy conditions.
6.
Daily Removal. The sign shall be removed from the sidewalk at the close of business.
7.
Maintenance. The sign shall be continuously maintained in good condition with no peeling paint or other deterioration.
B.
Awning Signs. The following standards apply to awning signs in all zoning districts where allowed by Section 18.82.060 (Sign standards by zoning district).
C.
Freestanding Monument and Freestanding Center Signs. The following standards apply to freestanding monument and freestanding center signs in all zoning districts where allowed by Section 18.82.060 (Sign standards by zoning district).
1.
Except as otherwise provided in this chapter, each freestanding sign shall be a monument sign, with sign height not to exceed eight feet. (See Section 18.82.050(B) for measurement.)
2.
A sign may be placed only on a site frontage adjoining a public street.
3.
Multiple signs shall be separated by a minimum of seventy-five feet to ensure adequate visibility for all signs. The planning director may waive this requirement where the locations of existing signs on adjacent properties would make the seventy-five-foot separation impractical.
4.
A sign shall not project over public property, vehicular easements, or rights-of-way, and shall not obstruct a traffic safety sight area, as determined by the planning director.
5.
To assist emergency response personnel in locating the site, freestanding signs should contain an illuminated street address plate. Numbers should be a minimum of six inches in height. An address plate shall not be included in calculations of allowed sign area.
6.
An institutional use (e.g., school, religious facility, community center) or a theater or auditorium may have a reader board as a freestanding sign, with a maximum area of sixteen square feet. A reader board with more area shall require conditional use permit approval.
D.
Freeway-Oriented Signs. A freeway-oriented sign may be approved in compliance with the following requirements:
1.
Permit Requirement. Conditional use permit approval is required for a freeway-oriented sign.
2.
Where Allowed. A freeway-oriented sign may be approved only on a parcel or project site at least ten acres in size for a multi-tenant site. Freeway-oriented signs shall be located no less than ten feet from the edge of the freeway right-of-way nor more than one thousand feet from the nearest edge of the freeway right-of-way. The planning commission may allow an increase to the maximum distance of up to one mile from the nearest edge of the freeway right-of-way; provided, that the applicant provides evidence, and the commission makes a finding, that the majority of the project's anticipated customers shall be freeway travelers. In no case shall signs more than thirty feet tall be located within one-quarter mile of any residentially designated area.
3.
Required Findings. The approval of a conditional use permit for a freeway-oriented sign shall require that the commission first find that the use or site cannot be adequately identified by other signs permitted within the applicable zoning district, in addition to the other findings required for conditional use permit approval by Section 18.18.020.
4.
Height Limit. No freeway-oriented sign shall exceed a maximum height of thirty feet, unless the conditional use permit allows greater height, as follows:
a.
Criteria for Approval. A sign with a height greater than thirty feet may be approved if the commission determines that the applicant has demonstrated that an overcrossing of Interstate 5, or its ramps, or trees or vegetation, will seriously obstruct the visibility of the proposed sign from the northbound or southbound lanes of Interstate 5. In no case shall the maximum height exceed one hundred feet.
b.
Procedure for Determining Allowed Height. The commission shall approve no more additional sign height than the minimum necessary for the message area of the sign to clear the identified visual obstruction. The determination of maximum height by the commission shall be based on the procedure established by the planning department.
E.
Projecting Signs. The following standards apply to projecting signs in all zoning districts where allowed by Section 18.82.060 (Sign standards by zoning district).
1.
The maximum projection of a sign from a building wall over a public right-of-way shall not exceed thirty-six inches over a sidewalk. Larger projections from the building wall over private property may be approved by the review authority for a theater marquee sign. A marquee sign may project more than thirty-six inches over a sidewalk with conditional use permit approval and an encroachment permit.
2.
The maximum height of a projecting sign shall not exceed fourteen feet eave height, parapet height, or sill height of a second-floor window, whichever is less. No portion of the sign shall project above the eave line of a sloped roof or the top of the parapet of a flat roof.
3.
A projecting sign shall maintain a minimum clearance of eight feet from the bottom of the sign to the finished grade below.
4.
Icon signs using shapes or symbols uniquely suited to the business, creative shapes, and three-dimensional signs are encouraged.
5.
Each sign shall be graphically designed for pedestrians, with a maximum area of nine square feet on each sign face, regardless of the length of the building frontage.
6.
Sign supports shall be well designed and compatible with the design of the sign.
7.
Interior illuminated boxed display signs ("can" signs) are prohibited.
G.
Wall Signs. The following standards apply to wall signs in all zoning districts where allowed by Section 18.82.060 (Sign standards by zoning district).
1.
A wall sign may be located on any primary or secondary building frontage.
2.
The area of the largest wall sign shall not exceed seven percent of the area of the building facade on which the sign is mounted or painted, including the area of windows, doors, and recesses.
3.
No sign shall project from the surface to which it is attached more than required for construction purposes, and in no case more than twelve inches.
4.
No sign shall be placed so as to interfere with the operation of a door or window.
H.
Window Signs. The following standards apply to window signs in all zoning districts where allowed by Section 18.82.060 (Sign standards by zoning district).
1.
Maximum Sign Area. Permanent and temporary window signs shall not occupy more than twenty percent of the total window area.
2.
Permanent window signs shall be allowed only on windows located on the ground level and second story of a building frontage.
3.
Signage shall consist of individual letters, logos, or symbols applied to the glass surface; however, neon signs with transparent backgrounds may be hung inside the window glass line.
I.
Murals. A mural is considered public art and is permitted as designated in Table 18.42.030-1 (Permitted Use Matrix for Commercial and Medical/Professional Office Districts), Table 18.46.030-1 (Permitted Use Matrix for Industrial Districts) and Table 18.50.030-1 (Permitted Use Matrix for Public/Quasi-Public and Parks and Recreation Districts) placed on the wall of a building larger than ten square feet may be permitted in any commercial industrial zoning district subject to the issuance of a conditional use permit (CUP), and as follows:
1.
A mural is in addition to (not counted as part of) the sign area allowed by Section 18.82.060 (Sign standards by zoning district).
2.
Murals that illustrate the local setting and history as sources of inspiration are encouraged.
3.
The approval of a mural shall require that the review authority first find that the size, colors, and placement of the mural are visually compatible with the building architecture and that the mural will serve to enhance the aesthetics of the city.
4.
The use of a mural to advertise businesses is prohibited.
(Ord. 738 § 1 (Exh. A) (part), 2013; Ord. 794 § 1, 2016)
§ 18.82.080 Standards for temporary signs.
This section describes standards for temporary on-site signs. Temporary signs may include, but are not limited to, commercial signs for grand openings or for special product, sale, or event advertising. All temporary signs must comply with the standards listed in Table 18.82.080-1 and are subject to the following.
A.
General Requirements.
1.
Application Process. If required according to Table 18.82.080-1 (Temporary Sign Standards), a temporary sign permit (Section 18.16.100) must be obtained prior to installation.
2.
Duration. Unless otherwise noted in subsection D of this section (Requirements for Temporary Signs), display periods for temporary on-site signs shall be limited to a maximum of forty-five days; provided, that the same type of temporary sign was not located on the site for a minimum of thirty days prior to display and the same type of temporary sign will not be displayed for a minimum of thirty days after unless described otherwise in this section.
3.
Illumination. Temporary signs shall not be illuminated.
4.
Message. Temporary signs displaying a commercial message shall be limited to on-site signage only. Off-site signage displaying a commercial message shall not be permitted.
B.
Requirements by Specific Type of Temporary Signs. Temporary signs are allowed subject to requirements identified in Table 18.82.080-1.
Table 18.82.080-1. Temporary Sign Standards | ||||||
|---|---|---|---|---|---|---|
Allowed Sign Types | Maximum Sign Height | Maximum Number of Signs Allowed per Parcel | Maximum Sign Area Allowed per Parcel | Duration | Location and Other Considerations | Temporary Sign Permit Required |
Banner—Horizontal | Roofline | One sign per establishment per street frontage | 1 sf/1 sf, max 100 sf | 30 days | n/a | Yes |
Banner—Vertical | 10 ft | One sign per establishment per street frontage | 1 sf/1 lf, max 100 sf | 30 days | n/a | Yes |
Construction Sign | 6 ft | One | 32 sf | Shall be removed within fourteen days of the issuance of a certificate of occupancy | Set back a minimum of 10 feet from the property line. Not permitted be allowed if an on-site subdivision sign is approved. | No |
Directional—Off-Site | 6 ft | One | 4 sf | 30 days | Only permitted in commercial zones where the structure or event is located more than 150 feet from a predominant public street frontage | No |
Grand Opening | 6 ft | Three | No limit | 30 days | Only permitted in commercial or industrial zones. See Prohibited Signs (Section 18.82.040). | No |
Special Event Signs | 6 ft | Three | No limit | 30 days | Only permitted in commercial or industrial zones. See Prohibited Signs (Section 18.82.040). | No |
Inflatable Signs | No limit | One | No limit | 30 days | Only permitted in commercial or industrial zones. See Prohibited Signs (Section 18.82.040). | Yes |
Noncommercial Stake Sign in Residential Zone | 6 ft | One | 8 sf | 30 days | Only on private property; not on any public property or public right-of-way | No |
Noncommercial Stake Sign in Nonresidential Zone | 6 ft | One | 32 sf | 30 days | Only on private property; not on any public property or public right-of-way | No |
Signs on Property for Sale—Off Site Directional in Residential Zones | n/a | n/a | 6 sf | n/a | Located on private property only | No |
Signs on Property for Sale—On Site Residential Zone | n/a | One | 6 sf | n/a | Located on the property it advertises | No |
Signs on Property for Sale—On Site Nonresidential Zone | 6 ft | One per parcel street frontage | 16 sf | 30 days | n/a | No |
Subdivision Directional Sign—Off Site | 6 ft | A maximum of three off-site signs may be located on private property (not within any public right-of-way) | 32 sf maximum each | 30 days | The signs shall not affect pedestrian or vehicular safety | No |
Subdivision Sign—On Site | 6 ft | Two, provided no more than one sign per street frontage, and multiple signs separated by a minimum of 75 feet | 32 sf maximum each | 30 days | The signs shall not affect pedestrian or vehicular safety | No |
Wall-Mounted Signs (not otherwise listed in this table) | As prescribed in Section 18.82.060 (Sign standards by zoning district) | As prescribed in Section 18.82.060 (Sign standards by zoning district) | 50% of the total sign area allowed on the site by Section 18.82.060 (Sign standards by zoning district) | 30 days | n/a | Yes |
Window Signs (Temporary) | As prescribed in Section 18.82.060 (Sign standards by zoning district) | n/a | 33% of total window area (can't obstruct view from cashier to outside) | 30 days | Shall only be located within the ground-floor windows of the structure | No |
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.82.090 Exceptions to sign area limitations.
The review authority may grant an exception to increase the maximum allowed sign area by up to twenty-five percent if the review authority first determines that:
A.
The position or setback of the building on the site requires additional area for effective signing;
B.
The exceptional size of the structures, uses, or site requires additional sign area for effective identification from major approaches to the site; or
C.
The name of the business or use to be identified is exceptionally long, so that sign readability would be impaired by crowding words into the allowable sign area.
D.
The planning commission may allow an increase of up to fifty percent in sign area for unique architectural or artistic applications of signage (e.g., murals).
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.82.100 Nonconforming signs.
A nonconforming sign is any permanent or temporary sign that was legally established and maintained in compliance with the provisions of all applicable laws in effect at the time of original installation but that does not now comply with the provisions of this title.
A.
General Requirements. A nonconforming sign shall not be:
1.
Changed to another nonconforming sign;
2.
Structurally altered to extend its useful life;
3.
Enlarged;
4.
Reestablished after a business is discontinued for thirty days; or
5.
Reestablished after damage or destruction to fifty percent or more of the value of the sign, or its components, as determined by the building official.
B.
Maintenance and Changes. Sign copy and face changes, nonstructural modifications and nonstructural maintenance (i.e., painting, rust removal) are allowed without a sign permit up to a maximum of twenty-five percent of the existing total area of the sign. Face changes not including copy, and any nonstructural modifications exceeding twenty-five percent of the existing total area of the sign, and any structural changes shall comply with all applicable standards of this chapter.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.82.110 Violations and abatement.
A.
Public Nuisance Declared by Planning Director. Any sign erected or maintained contrary to the provisions of this chapter may be declared to be a public nuisance by the planning director, and proceedings for its removal may take place in compliance with this code.
B.
Public Nuisance Declared by Council. The planning director may ask the council to declare a sign a public nuisance under the following conditions.
C.
Removal of Abandoned Sign. A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business that it advertises is no longer conducted on the premises. If the owner or lessee fails to remove the sign, the planning director shall give the owner thirty days' written notice to remove it. Upon failure to comply with the notice, the planning director may have the sign removed at the owner's expense. Proceedings for the removal of signs and/or support structures shall comply with Chapter 18.08 (Enforcement).
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.84.010 Purpose and intent.
The primary purpose of this chapter is the preservation of the unique lifestyle that is enjoyed by those working, living, and visiting in Patterson. In addition, the preservation of historic structures, views, and their context will be given a high priority in the approval of facilities, with location, appearance, screening, and related issues receiving special attention. It is also the intent of this section to ensure that all providers of cellular telephone and other communication-related services requiring the placement of antennas are allowed an opportunity to locate and provide services within the city of Patterson.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.84.020 Application requirements.
In addition to other local, state, or federal requirements, applications for construction, placement, or erection of wireless communication towers, equipment shelters, or other such communication facilities shall include the following:
A.
A survey of other sites within appropriate zone districts in the community which could physically accommodate the facility, with documentation showing why such sites where not selected.
B.
Computer-generated photosimulations of the site, with the antenna or other proposed structures superimposed, from various nearby positions, and if visible from a historic overlay zone, from critical points of view within that zone.
C.
A grid map depicting an inventory of all existing towers, as well as all of that applicant's planned towers and sites, that are either within the city or within five miles of the border thereof.
D.
Other requirements may be imposed on the project at the discretion of the planning director, provided such requirements reasonably pertain to the compatibility of the project with adjacent uses and structures.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.84.030 Compliance with applicable codes.
Every wireless communication facility constructed within the city of Patterson shall comply with all safety standards of the American National Standards Institutes, Institute of Electrical and Electronic Engineers, Public Utilities Commission, Federal Communications Commission, Uniform Building Code, National Electric Code, the Patterson Municipal Code, and all other codes and standards as applicable.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.84.040 Permits, planning, and land use.
All wireless communication facilities shall be subject to the following permitting:
A.
Administrative Approval. All co-located or interior building-mounted facilities which comply with the regulations contained in this chapter, including but not limited to height, location, and screening.
B.
Conditional Use Permit. For those facilities which require approval of a conditional use permit, and where it is determined the project may create a significant impact to the neighborhood, the planning director may require an independent third-party review, at the expense of the applicant, to confirm the information provided by the applicant. Those facilities requiring a conditional use permit shall include:
1.
All ground-mounted or freestanding facilities not co-located with other similar facilities.
2.
All facilities which exceed the height limitations for the land use zone in which they are located.
3.
Where multiple wireless communication sites are proposed by a single applicant, a conditional use permit shall be required to act as a master land use permit for all sites under single review by the planning commission.
4.
Those facilities having been deemed by the planning director to have the potential to cause visual or other impacts requiring substantial mitigation, or for which environmental review should be carried out.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.84.050 Height.
All wireless communication equipment, antennas, poles, or towers shall be of a minimum functional height. Building-mounted and ground-mounted facilities shall not exceed fifteen feet in height greater than the height permitted for the district in which they are located. The planning commission may approve an increase to the maximum height; provided, that the applicant provides a proposal demonstrating why the requirements of this section are infeasible or result in a less efficient development and coverage pattern.
(Ord. 738 § 1 (Exh. A) (part), 2013; Ord. 786 § 1, 2016)
§ 18.84.060 Location.
A.
New wireless communication facilities shall be co-located with other existing or planned facilities where feasible or where found to minimize visual impact. Care shall be given to use this requirement judiciously in order to prevent nuisance or blight conditions.
B.
No facility that is attached to a self-supporting tower shall be installed or constructed closer than one mile from another such site.
C.
All new facilities shall be located outside of the required setback area for the respective zone district in which the facility is located.
D.
No new facility shall be located so as to interfere with views of, or from within, a historic overlay district, or in such a way that historic views or context are materially altered.
E.
No new facility shall be located within six hundred feet of a historic overlay district.
F.
Every effort shall be made to locate facilities on the site chosen so that visual impact is minimized.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.84.070 Residential district limitations.
Only those facilities which comply with zone height restrictions and are totally enclosed within a permitted building shall be allowed within two hundred percent of the fall zone of the facility to any existing residential district within the city, which use conforms to current city zoning regulations. No facilities are permitted within any residentially zoned district.
(Ord. 738 § 1 (Exh. A) (part), 2013; Ord. 786 § 2, 2016)
§ 18.84.080 Visual compatibility and screening.
A.
Stealth Facilities and Concealed Antennas. All equipment shall be concealed from view and disguised so as to not appear as telecommunication equipment (e.g. within a clock tower, disguised as a Mono-palm, enclosed within an existing building, screened on top of an existing rooftop, etc.)
B.
When a stealth installation is not feasible, as determined by the planning commission, wireless communication facilities and related equipment shall be screened or camouflaged so as to reduce visual impacts. Existing site features shall be used to screen the facility where possible.
Figure 18.84.080-1 Examples of Stealth Cell Towers  |
C.
All antennas, towers, or related equipment shall be coated with a nonreflective finish or paint consistent with the background area where the facility is to be placed.
D.
Screening for ground-mounted equipment shall include existing and/or new vegetation and water efficient irrigation as determined by staff or the planning commission. Landscape and irrigation plans shall be submitted for review and approval.
E.
Building-mounted equipment shall be located, painted, and/or architecturally designed so as to be compatible with surrounding building and/or uses to the satisfaction of the planning director.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.84.090 Discontinuance of use.
The service provider operating a wireless communication facility shall notify the city of the intent to discontinue operation no less than thirty days prior to such cessation of operation. Upon the discontinuance of use, all related equipment shall be removed and the property restored to pre-construction condition within ninety days of cessation of operation.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.86.010 Purpose.
This chapter is intended to assist in the provision of affordable housing for persons of moderate, low, and very low income. Public housing programs and housing subsidy programs can meet only a small portion of the need for low- and moderate-income housing. The majority of housing units has been, and will continue to be, produced by the private housing industry. Private industry has the capability to assist in providing affordable housing given supportive government policies and programs, including incentives and public investment, as appropriate. This program is designed to promote a full range of housing choices, to require construction and continued existence of affordable dwelling units, to provide for a program of incentives and local public subsidy, and to implement the housing element of the city's general plan.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.86.020 Applicability.
The requirements of this chapter apply to all newly constructed dwelling units within the city of Patterson. At least fifteen percent of all newly constructed dwelling units in a residential project shall be developed, offered to, and sold or rented to very low-, low-, and moderate-income households, at an affordable housing cost, according to Section 18.86.030 (Inclusionary unit requirement).
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.86.030 Inclusionary unit requirement.
A.
Requirements for Owner-Occupied Developments. Sixty percent of the affordable units, which are required to be constructed in connection with the construction of market-rate units intended for owner occupancy, shall be available at affordable sales prices to moderate-income households. The remaining forty percent of the required affordable units shall be available at affordable sales prices to low-income households.
B.
Requirements for Renter-Occupied Unit Developments. Forty percent of the affordable units, which are required to be constructed in connection with construction of rental market-rate units, shall be available at affordable rents to very low-income households. The remaining sixty percent of the required affordable units shall be available at affordable rents to low-income households.
C.
The affordable units shall be constructed on site not later than the related market-rate units, unless one of the alternative actions set forth in Section 18.86.060 (Affordable housing concessions and incentives) is performed. Such dwelling units shall include a covenant that each dwelling unit shall be affordable for thirty years. For fractions of affordable units, the owner of the property must either construct the next higher whole number of affordable units or perform an alternative action as specified in Section 18.86.060.
D.
On-site inclusionary units shall have access to common amenities in development projects.
E.
Affordable units are subject to annual reporting requirements to ensure continued compliance.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.86.040 Design and building requirements.
All inclusionary units shall be comparable with the market-rate units in terms of the size, base design, appearance, materials, and finished quality, and shall be proportional in number, size, and location. Affordable units shall be comparable in number of bedrooms, exterior appearance, and overall quality of construction to first-class quality affordable housing found elsewhere in the city. Subject to the approval of the planning director, square footage of affordable units and interior features in affordable units need not be the same as, or equivalent to, those in market-rate units in the same residential project, so long as they are of good quality and are consistent with contemporary standards for new housing.
Affordable units shall be dispersed throughout the residential project, or, subject to the approval of the planning director, may be clustered within the residential project when this furthers affordable housing opportunities.
All affordable units in a residential development shall be constructed concurrently with or prior to the construction of the market-rate units. In the event that the city approves a phased project, the inclusionary units required by this chapter shall be proportionately provided within each phase of the residential development.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.86.050 Alternative equivalent proposal.
In lieu of including the affordable housing units on-site, the requirements of this chapter may be satisfied through the alternatives discussed below. If the planning director finds that on-site units are infeasible, the developer shall submit an equivalency proposal to the planning commission for approval. Such proposals shall show why compliance with this chapter is not financially or otherwise feasible and how the alternative proposed will further affordable housing opportunities in the city to an equal or greater extent than compliance with the express requirements set forth under Section 18.86.030 (Inclusionary unit requirement). A proposal for an alternative equivalent action may include, but is not limited to, the construction of affordable units on another site, dedication of land, the acquisition or rehabilitation of existing substandard dwelling units and the enforcement of required rental/sales price restrictions, and/or an in-lieu fee.
Applicants proposing to construct rental affordable units in lieu of owner-occupied affordable units as permitted by California Government Code Section 65589.8 (or its successor provision) shall submit an equivalency proposal pursuant to this section.
A.
Alternative Equivalency Proposals.
1.
Off-Site Housing. In the event that on-site inclusionary housing is infeasible, upon application of the developer and at the discretion of the planning commission, the developer may satisfy the requirements of providing inclusionary units as part of the residential development, in whole or in part, by constructing or substantially rehabilitating units equal to or greater than the required inclusionary units at a site different than the site of the residential development.
2.
Dedication of Land for Housing. In the event that on- or off-site inclusionary housing is infeasible, upon application of the developer and at the discretion of the planning commission, the developer may satisfy the requirement of providing inclusionary units as part of the residential development, in whole or in part, by a conveyance of land to the city for the construction of the required inclusionary units.
3.
Payment of an In-Lieu Fee. In exceptional cases where the developer finds on-site inclusionary housing, off-site inclusionary housing, or the dedication of land is infeasible, upon application of the developer, and at the discretion of the planning commission, a fee in lieu of all or some of the inclusionary units may be paid by the developer.
4.
The housing in-lieu fee shall be charged on a percentage basis of the projected construction costs of market-rate dwelling units. The amounts and calculation of the housing in-lieu fee shall be established by resolution of the city council. Construction costs of market-rate dwelling units are determined in accordance with the definition in Division V (Definitions), which states "Construction costs shall mean the estimated cost per foot of construction, as established by the building department of the city of Patterson for use in the setting of regulatory fees and building permits, multiplied by the total square footage to be constructed for each dwelling unit, minus square footage for garage area." For attached single-family residential and rental residential development projects, construction costs shall be separately calculated for each dwelling unit and the appropriate fee paid for each unit within the residential project. The housing in-lieu fee required by this section may be satisfied either by cash payment or, upon the recommendation of the planning director and approval of the city council, by an alternative which will provide the city with a value equal to or greater than the amount of the required in-lieu fee.
B.
Further Specifications for Alternative Equivalency Proposals.
1.
Standard for Approval. The planning commission may approve an equivalency proposal only if it is not financially or otherwise feasible to construct the units within the development and the alternative provides a more cost-efficient solution to the inclusionary housing component than the standard approach set forth in this document, or if the location of off-site development would be superior to on-site development from the perspective of access to transportation, services, public facilities, or other applicable residential planning criteria in the general plan.
2.
Affordable Units Off Site. An applicant may propose to meet its obligation under the ordinance through new construction, substantial rehabilitation of dwelling units, or adaptive reuse of an existing structure(s) at a location off site from the proposed residential development.
3.
Number of Inclusionary Units Credited to the Dedication of Land. The number of inclusionary units credited to the dedication of land will be determined based on the total development cost to provide the inclusionary dwelling units, including the land and construction costs, so that the appraised value of the land that is dedicated to the city is equivalent to the total development costs of the inclusionary requirement. If the appraised value of the dedicated land is less than the total development costs, the developer will be credited for inclusionary units to the extent that the appraised value covers any portion of the development costs of the inclusionary requirement. Any fractions of a unit will be rounded down to the nearest whole unit.
With respect to dedicated land, the city, upon acceptance of an offer of dedication, shall publish a request for proposal for development of the site(s) which will result in at least the number of units credited to the site(s).
4.
Site Suitability. The land proposed for dedication must be suitable from the perspective of size, configuration, physical characteristics, physical and environmental constraints, access, location, adjacent use, and other relevant planning criteria.
5.
Site Identification and Regulatory Status. The developer must identify the proposed dedicated site and the number of proposed units to be credited thereby as part of the equivalency proposal required in this document. At the same time or before the development project receives its legislative entitlements, the dedicated land shall have received all the legislative entitlements necessary for development of the inclusionary units on such land. Unless the phasing plan requires otherwise, at the same time or before a residential project records a final map, or is issued a building permit, whichever is earlier, the dedicated land shall have received all the necessary project-level approvals necessary for development of the inclusionary units on such land, and prior to the issuance of any certificate of occupancy for a residential project, the dedicated land shall be fully served with the infrastructure necessary for residential development.
6.
Planning Commission Review. If the equivalency proposal is accepted or accepted as modified by the planning commission, the relevant elements of the equivalency proposal shall be included in the applicable legislative approvals for both the residential development generating the requirement for the inclusionary housing component and, if applicable, the dedicated site, off-site development, or rehabilitation project where all or part of that requirement is proposed to be met. If the equivalency proposal is rejected, the inclusionary housing component shall be provided as set forth in this document within the development project.
7.
Implementation. As early as possible in the regulatory process, the owner of the residential project must: (a) in the case of land dedication, provide an irrevocable offer of dedication for the dedicated site at no cost to the city or to a developer of affordable housing approved by the city; and (b) in the case of off-site development, demonstrate to the planning commission that the off-site location is, and will remain committed to, the timely development of the inclusionary units; and (c) in the case of new construction or substantial rehabilitation of rental units, assure that the units will be rent restricted for thirty years with respect to each affordable unit. The commitment of off-site land may be demonstrated through ownership of the off-site location, or through adequate control of the use of the off-site location through joint ownership, joint venture or other contractual means. If necessary to ensure that inclusionary housing units are developed or rehabilitated contemporaneously with the market-rate units, the city may require the offer of dedication, evidence of off-site control, or commencement of rehabilitation as early as the recording of a final map or issuance of a building, whichever occurs first.
With respect to an off-site location, the planning commission may also condition development or occupancy of the residential project on development or occupancy of the off-site inclusionary units, and the inclusionary housing agreement must apply to and be recorded against both the residential project and the off-site development. With respect to dedicated land, the city, upon acceptance of the offer of dedication, shall publish a request for proposal for development of the site(s) which will result in the production of at least the number of inclusionary units credited to the site(s).
8.
Appeals. An applicant or any aggrieved person may appeal decisions of the planning director and the planning commission as provided the Patterson city zoning ordinance.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.86.060 Affordable housing concessions and incentives.
The developer may request that the city provide inclusionary incentives as set forth in this section. The goal of these inclusionary incentives is to apply available incentives to qualifying projects in a manner that, to the extent feasible, offsets the cost of providing the inclusionary housing component. The planning director shall respond to that request and make a recommendation to the appropriate review authority (planning commission or city council) regarding a determination as to a package of inclusionary incentives.
A.
Fee Waivers or Deferrals. Upon application as provided herein, the city shall make available a program of waiver, reduction, or deferral of development fees, administrative fees, and financing fees for affordable units. Such a program may include a fifty percent waiver of development-related application and processing fees for affordable units constructed in connection with such residential project. In addition, the planning commission may consider, on a case-by-case basis, the provision of additional incentives as provided by law or in the housing element of the Patterson general plan.
B.
Modification of Planning and Public Works Development Standards. Upon application as provided herein, the city may modify for affordable units, to the extent feasible, in light of the uses, design, and infrastructure needs of the development, standards relating to road widths, curbs, and gutters, parking, lot coverage, and minimum lot sizes.
C.
Interior Finish Reductions. Upon application as provided herein, the city may, to the maximum extent appropriate in light of project design elements, allow builders to finish the interior of affordable units with less expensive finishes and appliances, subject to approval by the planning director.
D.
Streamlining and Priority Processing. The planning director shall review and modify, as appropriate, procedures for streamlining and priority processing which relieve affordable units of permit processing requirements to the maximum extent feasible consistent with the public health, safety, and welfare.
E.
Density Bonus. The city shall make available to the developer a density bonus as provided in state density bonus law (Government Code Section 65915); however, the affordability requirements to qualify for a density bonus shall be those stated in Section 18.86.030 (Inclusionary unit requirement) and the other provisions of this chapter. Units produced as part of such a density bonus do not give rise to an inclusionary housing requirement.
F.
Local Public Funding. If available, the developer may apply for local public funding to assist in the financing and development of the inclusionary housing component. Local public funding may serve to facilitate state allocation of tax credits, mortgage revenue bonds, or other state or federal assistance. However, the provision of local subsidies requires that the developer also diligently pursue other external state and federal subsidies.
G.
The city council may consider, on a case-by-case basis, at its sole discretion, the provision of additional concessions or incentives consistent with state law and the housing element of the city of Patterson general plan for residential development projects which provide at least fifteen percent of the total dwelling units as affordable units.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.86.070 Time performance required.
No temporary or permanent certificate of occupancy for any new dwelling unit in a residential project shall be issued until the permittee has met the on-site construction inclusionary requirement of the residential development or has satisfactorily performed one of the alternative actions set forth in this document.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.86.080 Collection and use of in-lieu fees.
Any monies contributed to the city pursuant to the provisions of this chapter shall be payable to the city of Patterson for the purpose of providing affordable housing. Payment of the fee shall be made in full prior to the issuance of building permits or recordation of final maps.
Any fees collected and interest accrued pursuant to this chapter shall be committed within five years after the payment of such fees.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.86.090 Exempted residential development.
The following development projects are exempt from this chapter and generate no obligation to provide an inclusionary housing component:
A.
Residential projects proposed to contain ten or fewer residential dwellings at one location.
B.
Rehabilitation of existing residential dwellings.
C.
Units produced as a density bonus.
D.
Any residential project for development of single-family residential units or subdivision lots created pursuant to a final map recorded on or before September 2006, subdivision lots created pursuant to a final map recorded on or before September 2006, where the only remaining discretionary entitlements required to develop the project are one or more of the following nonlegislative entitlements: variance, plan review, or design review.
E.
Replacement of dwelling units destroyed by natural disaster or accidental loss.
F.
The construction of a single dwelling unit which is the whole of a residential development project and which is built, owned, and after completion, occupied for two years by a moderate-income household verified by the planning director and which meets the requirements established by this chapter. For the purposes of this exemption, a dwelling unit shall be deemed "built" by its owner if it is built by or for a permit holder who intends to reside in the dwelling unit subject to this chapter.
G.
Projects that are the subject of development agreements currently in effect with the city and approved prior to the effective date of this chapter where such agreements expressly preclude the city from requiring compliance with this type of a housing fee program.
H.
A residential development project to the extent it has received a vested right to proceed without payment of housing impact fees pursuant to state law.
I.
Building permits for residential development projects if compliance with this section for such project has already been satisfied including, but not limited to, building permits on newly created lots where the subdivider has built affordable units or otherwise satisfied this section.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.86.100 Administration of affordability control.
Prior to the issuance of certificates of occupancy for affordable units, regulatory agreements and, if the affordable units are owner-occupied, resale restrictions, deeds of trust, and/or other documents, all of which must be acceptable to the planning director and consistent with the requirements of this chapter, shall be recorded against parcels having such affordable units and shall be effective for at least the period of time required by Health and Safety Code Section 33413 with respect to each affordable unit.
The maximum sales price permitted on resale of an affordable unit intended for owner occupancy shall not exceed the seller's purchase price, adjusted for the percentage increase in median income since the seller's purchase, plus the value of substantial structural or permanent fixed improvements to the property as determined by the county assessor. Median income shall be calculated based on the presumed occupancy levels used to determine affordable sales price.
The resale restrictions shall provide that in the event of the sale of an affordable unit intended for owner occupancy, the city shall have the right to purchase such affordable unit at the maximum price which could be charged by the household.
No household shall be permitted to occupy an affordable unit, or purchase an affordable unit for owner occupancy, unless the city or its designee has approved the household's eligibility, or has failed to make a determination of eligibility within the time or other limits provided by a regulatory agreement or resale restrictions. Households selected to occupy affordable units shall be selected from the list of eligible households maintained by the city to the extent provided in the regulatory agreement or resale restrictions.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.86.110 Enforcement.
It shall be a misdemeanor for any person to sell or rent an affordable unit as specified in this chapter at a price or rent exceeding the maximum allowed or to a household not qualified, unless authorized by the regulatory agreement for such unit.
The Patterson city attorney, as appropriate, shall be authorized to enforce the provisions of this document and all regulatory agreements and resale controls placed on affordable units by civil action and any other proceeding or method permitted by law.
Failure of any official to fulfill the requirements of a provision of this document shall not excuse any applicant from fulfilling the remaining requirements of the ordinance codified in this chapter.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.86.120 Adjustments.
A developer of any project subject to the requirements in this chapter may appeal to the city council for a reduction, adjustment, or waiver of the requirements based upon the absence of any reasonable relationship or nexus between the impact of the development and either the amount of the fee charged or the inclusionary requirement.
A developer subject to the requirements of this chapter who has received an approved tentative subdivision or parcel map, use permit, or similar discretionary approval and who submits a new or revised tentative subdivision or parcel map, use permit, or similar discretionary approval for the same property may appeal for a reduction, adjustment, or waiver of the requirements with respect to the number of lots or square footage of construction previously approved.
Any such appeal shall be made in writing and filed with the city clerk not later than ten days before the first public hearing on any discretionary approval or permit for the development, or if no such discretionary approval or permit is required, or if the action complained of occurs after the first public hearing on such permit or approval, then the appeal shall be filed within ten days after payment of the fees objected to. The appeal shall set forth in detail the factual and legal basis for the claim of waiver, reduction, or adjustment. The city council shall consider the appeal at the public hearing on the permit application or at a separate hearing within sixty days after the filing of the appeal, whichever is later. The appellant shall bear the burden of presenting substantial evidence to support the appeal, including comparable technical information to support appellant's position. No waiver shall be approved by the city council for a new tentative subdivision or parcel map, user permit, or similar discretionary approval on property with an approved tentative subdivision or parcel map, use permit, or similar discretionary permit unless the council finds that the new tentative subdivision or parcel map, user permit, or similar discretionary approval is superior to the approved project both in its design and its mitigation of environmental impacts. The decision of the council shall be final. If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment, or reduction of the fee or inclusionary requirement.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.88.010 Purpose.
In accordance with Sections 65915, 65915.5, and 65917 of the California Government Code, this chapter is intended to provide incentives for the production of housing for very low-income, low-income, and senior households and for the production of housing for moderate-income households residing in condominium and planned development projects. In enacting this chapter, it is also the intent of the city of Patterson to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the city's housing element.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.88.020 Applicability.
The provisions of this chapter apply to residential developments seeking a density bonus, which would allow maximum residential density limits established for the applicable zoning district to be exceeded.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.88.030 Calculation of density bonus and number of incentives and concessions.
A.
Subject to the findings included in Section 18.88.090(C), the city shall grant a density bonus to a developer of a housing development who seeks a density bonus and agrees to construct at least one of the following:
1.
Ten percent of the total units of the housing development as target units affordable to low-income households; or
2.
Five percent of the total units of the housing development as target units affordable to very low-income households; or
3.
A senior citizen housing development; or
4.
Ten percent of the total units of a newly constructed condominium project or planned development as target units affordable to moderate-income households.
B.
In determining the number of density bonus units to be granted pursuant to subsection A of this section, the maximum residential density for the site shall be multiplied by 0.20 for subsections (A)(1), (A)(2), and (A)(3) of this section and 0.05 for subsection (A)(4) of this section, unless a lesser number is selected by the developer.
1.
For each one percent increase above ten percent in the percentage of units affordable to low-income households, the density bonus shall be increased by one and one-half percent up to a maximum of thirty-five percent.
2.
For each one percent increase above five percent in the percentage of units affordable to very low-income households, the density bonus shall be increased by two and one-half percent up to a maximum of thirty-five percent.
3.
For each one percent increase above ten percent of the percentage of units affordable to moderate-income households, the density bonus shall be increased by one percent up to a maximum of thirty-five percent.
When calculating the number of permitted density bonus units, any calculations resulting in fractional units shall be rounded to the next larger whole number.
C.
The density bonus units shall not be included when determining the number of target units required to qualify for a density bonus. When calculating the required number of target units, any calculations resulting in fractional units shall be rounded to the next larger whole number.
D.
The developer may request a lesser density bonus than the project is entitled to, but no reduction will be permitted in the number of required target units pursuant to subsection A of this section. Regardless of the number of target units, no housing development may be entitled to a density bonus of more than thirty-five percent.
E.
Subject to the findings included in Section 18.88.090(C), when a developer seeks a density bonus, the city shall grant incentives or concessions listed in Section 18.88.080 as follows:
1.
One incentive or concession for projects that include at least ten percent of the total units for low-income households, at least five percent for very low-income households, or at least ten percent for persons and families of moderate income in a condominium or planned development.
2.
Two incentives or concessions for projects that include at least twenty percent of the total units for low-income households, at least ten percent for very low-income households, or at least twenty percent for persons and families of moderate income in a condominium or planned development.
3.
Three incentives or concessions for projects that include at least thirty percent of the total units for low-income households, at least fifteen percent for very low-income households, or at least thirty percent for persons and families of moderate income in a condominium or planned development.
F.
Each housing development is entitled to only one density bonus, which may be selected based on the percentage of either very low-income target units, low-income target units, or moderate-income target units, or the project's status as a senior citizen housing development. Density bonuses from more than one category may not be combined.
G.
In accordance with state law, neither the granting of a concession or incentive nor the granting of a density bonus shall be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.
H.
The following tables summarize this information:
Table 18.88.030-1 Density Bonus Summary Table | ||||
|---|---|---|---|---|
Target Group | Minimum % Target Units | Bonus Granted | Additional Bonus for Each 1% Increase in Target Units | % Target Units Required for Maximum 35% Bonus |
Very low income | 5% | 20% | 2.5% | 11% |
Low income | 10% | 20% | 1.5% | 20% |
Moderate income (Condo or PD only) | 10% | 5% | 1% | 40% |
Senior citizen housing development | 100% | 20% | — | — |
18.88.030-2 Incentives/Concessions Summary Table | |||
|---|---|---|---|
Target Group | Target Units | ||
Very low income | 5% | 10% | 15% |
Low income | 10% | 20% | 30% |
Moderate income (condo or PD only) | 10% | 20% | 30% |
Maximum incentive(s)/concession(s) | 1 | 2 | 3 |
Note: |
|---|
A concession or incentive may be requested only if an application is also made for a density bonus, except for child-care facilities pursuant to Section 18.88.050. |
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.88.040 Land donation.
A.
When a developer of a housing development donates land to the city as provided for in this section, the developer shall be entitled to a fifteen percent increase above the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan for the entire development. For each one percent increase above the minimum ten percent land donation described in subsection (B)(2) of this section, the density bonus shall be increased by one percent, up to a maximum of thirty-five percent. This increase shall be in addition to any increase in density allowed by Section 18.88.030(B), up to a maximum combined density bonus of thirty-five percent if a developer seeks both the increase required pursuant to this section and Section 18.88.030. When calculating the number of permitted density bonus units, any calculations resulting in fractional units shall be rounded to the next larger whole number.
B.
A housing development shall be eligible for the density bonus described in this section if the city makes all of the following findings:
1.
The developer will donate and transfer the land no later than the date of approval of the final subdivision map, parcel map, or development application for the housing development.
2.
The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low-income households in an amount not less than ten percent of the number of residential units of the proposed development, or will permit construction of a greater percentage of units if proposed by the developer.
3.
The transferred land is at least one acre in size or of sufficient size to permit development of at least forty units, has the appropriate general plan designation, is appropriately zoned for development as very low-income housing, and is now or at the time of construction will be served by adequate public facilities and infrastructure. The land also has the appropriate zoning and development standards to make the development of the very low-income units feasible. No later than the date of approval of the final subdivision map, parcel map, or development application for the housing development, the transferred land will have all of the permits and approvals, other than building permits, necessary for the development of the very low-income housing units on the transferred land.
4.
The transferred land and the very low-income units constructed on the land will be subject to a deed restriction ensuring continued affordability of the units consistent with this chapter, which restriction will be recorded on the property at the time of dedication.
5.
The land will be transferred to the city, or to a housing developer approved by the city. The city reserves the right to require the developer to identify a developer of the very low-income units and to require that the land be transferred to that developer.
6.
The transferred land is within the boundary of the proposed housing development. The transferred land may be located within one-quarter mile of the boundary of the proposed housing development; provided, that the city makes all of the findings included in this section.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.88.050 Child-care facilities.
A.
When a developer proposes to construct a housing development that includes target units as specified in Section 18.88.030 and includes a child-care facility that will be located on the premises of, as part of, or adjacent to the housing development, the city shall grant either of the following if requested by the developer:
1.
An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child-care facility.
2.
An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child-care facility.
B.
A housing development shall be eligible for the density bonus or concession described in this section if the city makes all of the following findings:
1.
The child-care facility will remain in operation for a period of time that is as long as or longer than the period of time during which the target units are required to remain affordable pursuant to Section 18.88.070.
2.
Of the children who attend the child-care facility, the percentage of children of very low-income households, low-income households, or moderate-income households shall be equal to or greater than the percentage of dwelling units that are proposed to be affordable to very low-income households, low-income households, or moderate-income households.
C.
Notwithstanding any requirement of this section, the city shall not be required to provide a density bonus or concession for a child-care facility if it finds, based upon substantial evidence, that the community already has adequate child-care facilities.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.88.060 Condominium conversions.
A.
The city shall grant either a density bonus or other incentives of equivalent financial value if the applicant for a conversion of existing rental apartments to condominiums agrees to provide thirty-three percent of the total units of the proposed condominium project as target units affordable to low- or moderate-income households, or to provide fifteen percent of the total units in the condominium conversion project as target units affordable to low-income households. All such target units shall remain affordable for the period specified in Section 18.88.070.
B.
For purposes of this section, a density bonus means an increase in units of twenty-five percent over the number of apartments to be provided within the existing structure or structures proposed for conversion.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.88.070 Affordability and development standards.
A.
Target units shall be constructed concurrently with nonrestricted units or pursuant to a schedule included in the density bonus housing agreement.
B.
Target units offered for rent to low-income and very low-income households shall be made available for rent at an affordable rent and shall remain restricted and affordable to the designated income group for a minimum period of thirty years. A longer period of time may be specified if required by any construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program applicable to the housing development. Target rental units will not meet the requirements for rental inclusionary units contained in Section 18.88.030 unless they remain restricted and affordable for ninety-nine years pursuant to Section 18.88.100.
C.
Target units offered for sale to very low-, low-, or moderate-income households in condominiums and planned developments shall be sold at an affordable ownership cost. The maximum resale price shall be the lower of: (1) fair market value; or (2) the seller's initial purchase price, increased by the lesser of: (a) the rate of increase of area median income during the seller's ownership, or (b) the rate at which the consumer price index increased during the seller's ownership. The seller of the unit shall retain the market value at the time of sale of any capital improvements made by the seller, the down payment, and the seller's proportionate share of appreciation. Because this subsection limits the seller's appreciation, the seller's proportionate share of appreciation is one hundred percent.
D.
Target units shall be built on site, unless off-site construction is approved in the city's discretion generally pursuant to Section 18.86.050(A) and shall be dispersed within the housing development. The number of bedrooms of the target units shall be equivalent to the bedroom mix of the nontarget units of the housing development, except that the developer may include a higher proportion of target units with more bedrooms. The design and appearance of the target units shall be compatible with the design of the total housing development. Housing developments shall comply with all applicable development standards, except those which may be modified as provided by this chapter.
E.
Upon the request of the developer, the city shall not require a vehicular parking ratio, inclusive of handicapped and guest parking, of a development meeting the criteria of Section 18.88.030 that exceeds the following ratios:
1.
Zero to one bedrooms: one on-site parking space.
2.
Two to three bedrooms: two on-site parking spaces.
3.
Four and more bedrooms: two and one-half parking spaces.
If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this section, a development may provide on-site parking through tandem parking or uncovered parking, but not through on-street parking.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.88.080 Development standards modified as incentive or concession.
A.
Incentives or concessions that may be requested pursuant to Section 18.88.030 may include the following:
1.
A reduction of site development standards or a modification of zoning code requirements or architectural design requirements which exceed the minimum building standards provided in Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code and which result in identifiable, financially sufficient, and actual cost reductions, including, but not limited to:
a.
Reduced minimum lot sizes and/or dimensions;
b.
Reduced minimum lot setbacks;
c.
Reduced minimum outdoor and/or private outdoor living area;
d.
Increased maximum lot coverage;
e.
Increased maximum building height and/or stories;
f.
Reduced minimum building separation requirements;
g.
Reduced street standards, such as reduced minimum street widths.
2.
Approval of mixed-use zoning in conjunction with the housing development if nonresidential land uses will reduce the cost of the housing development and if the city finds that the proposed nonresidential uses are compatible with the housing development and with existing or planned development in the area where the proposed housing development will be located.
4.
Modifications of those development standards included in subsection (A)(1) of this section.
5.
Off-site construction of target units; provided, that the city makes all of the findings included in Section 18.86.050(A) (Alternative Equivalency Proposals).
6.
Deferred development impact fees (e.g., capital facilities, parkland in lieu, park facilities, fire, or traffic impact fees).
7.
Other regulatory incentives or concessions proposed by the developer or the city which result in identifiable, financially sufficient, and actual cost reductions.
B.
Developers may seek a waiver or modification of development standards that will have the effect of precluding the construction of a housing development meeting the criteria of Section 18.88.030 at the densities or with the concessions or incentives permitted by this chapter. The developer shall show that the waiver or modification is necessary to make the housing units economically feasible.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.88.090 Application requirements and review.
A.
An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this chapter shall be submitted with the first application for approval of a housing development and processed concurrently with all other applications required for the housing development. The application shall be submitted on a form prescribed by the city and shall include at least the following information:
1.
Site plan showing total number of units, number and location of target units, and number and location of proposed density bonus units.
2.
Level of affordability of target units and proposals for ensuring affordability.
3.
Description of any requested incentives, concessions, waivers or modifications of development standards, or modified parking standards. For all incentives and concessions except mixed-use development, the application shall include evidence that the requested incentives and concessions result in identifiable, financially sufficient, and actual cost reductions. For waivers or modifications of development standards, the application shall show that the waiver or modification is necessary to make the housing units economically feasible and that the development standards will have the effect of precluding the construction of a housing development meeting the criteria of Section 18.88.030 at the densities or with the concessions or incentives permitted by this chapter.
4.
If a density bonus or concession is requested for a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the findings included in Section 18.88.040(B) can be made.
5.
If a density bonus or concession is requested for a child-care facility, the application shall show the location and square footage of the child-care facilities and provide evidence that each of the findings included in Section 18.88.050(B) can be made.
B.
An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this chapter shall be considered by and acted upon by the approval body with authority to approve the housing development. Any decision regarding a density bonus, incentive, concession, waiver, modification, or revised parking standard may be appealed to the planning commission and from the planning commission to the city council. In accordance with state law, neither the granting of a concession, incentive, waiver, or modification nor the granting of a density bonus shall be interpreted, in and of itself, to require a general plan amendment, zoning change, variance, or other discretionary approval.
C.
Before approving an application for a density bonus, incentive, concession, waiver, or modification, the approval body shall make the following findings:
1.
If the density bonus is based all or in part on donation of land, the findings included in Section 18.88.040(B).
2.
If the density bonus, incentive, or concession is based all or in part on the inclusion of a child-care facility, the findings included in Section 18.88.050(B).
3.
If the incentive or concession includes mixed-use development, the finding included in Section 18.88.080(A)(2), the developer has shown that the waiver or modification is necessary to make the housing units economically feasible.
D.
If a request for a concession or incentive is otherwise consistent with this chapter, the approval body may deny a concession or incentive if it makes a written finding, based upon substantial evidence, of either of the following:
1.
The concession or incentive is not required to provide for affordable rents or affordable ownership costs.
2.
The concession or incentive would have a specific adverse impact upon public health or safety or the physical environment or on any real property that is listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households. For the purpose of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete.
E.
If a request for a waiver or modification is otherwise consistent with this chapter, the approval body may deny a concession or incentive only if it makes a written finding, based upon substantial evidence, of either of the following:
1.
The waiver or modification would have a specific adverse impact upon health, safety, or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households. For the purpose of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete.
2.
The waiver or modification would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
F.
If a density bonus or concession is based on the provision of child-care facilities, the approval body may deny the bonus or concession if it finds, based on substantial evidence, that the city already has adequate child-care facilities.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.88.100 Density bonus housing agreement.
A.
Developers requesting a density bonus shall agree to enter into a density bonus housing agreement with the city. A density bonus housing agreement shall be made a condition of the discretionary planning permits for all housing developments pursuant to this chapter and shall be recorded as a restriction on any parcels on which the target units or density bonus units will be constructed.
B.
The density bonus housing agreement shall be recorded prior to final or parcel map approval, or, where the housing development does not include a map, prior to issuance of a building permit for any structure in the housing development. The density bonus housing agreement shall run with the land and bind on all future owners and successors in interest.
C.
The density bonus housing agreement shall include, but not be limited to, the following:
1.
The total number of units approved for the housing development, the number, location, and level of affordability of target units, and the number of density bonus units.
2.
Standards for determining affordable rent or affordable ownership cost for the target units.
3.
The location, unit size in square feet, and number of bedrooms of target units.
4.
Provisions to ensure affordability in accordance with Section 18.88.070(B) and (C).
5.
A schedule for completion and occupancy of target units in relation to construction of nonrestricted units.
6.
A description of any incentives, concessions, waivers, or reductions being provided by the city.
7.
A description of remedies for breach of the agreement by either party. The city may identify tenants or qualified purchasers as third-party beneficiaries under the agreement.
8.
Procedures for qualifying tenants and prospective purchasers of target units.
9.
Other provisions to ensure implementation and compliance with this chapter.
D.
In the case of for-sale housing developments, the density bonus housing agreement shall include the following conditions governing the sale and use of target units during the applicable use restriction period:
1.
Target units shall be owner-occupied by eligible very low-, low-, or moderate-income households, or by qualified residents in the case of senior citizen housing developments.
2.
The purchaser of each target unit shall execute an instrument approved by the city and to be recorded against the parcel including such provisions as the city may require to ensure continued compliance with this chapter.
E.
In the case of rental housing developments, the density bonus housing agreement shall provide for the following:
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.89.010 Purpose.
The purpose of this chapter is to provide a procedure for individuals with disabilities to request reasonable accommodation in seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (hereafter "Acts") in the application of zoning laws and other land use regulations, policies, and procedures.
(Ord. 783 (part), 2015)
§ 18.89.020 Applicability.
A.
A request for reasonable accommodation may be made by any person with a disability or their representative, when the application of a requirement of this zoning code or other city requirement, policy, or practice acts as a barrier to fair housing opportunities. For the purpose of this chapter, a "person with a disability" is any person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This chapter is intended to apply to those persons who are defined as disabled under the Acts.
B.
A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.
C.
A reasonable accommodation is granted only to the household that needs the accommodation and does not apply to successors in interest to the site.
D.
A reasonable accommodation may be granted in compliance with this chapter without the need for the approval of a variance.
(Ord. 783 (part), 2015)
§ 18.89.030 Procedure.
A.
A request for reasonable accommodation shall be submitted on an application form provided by the community development department or in the form of a letter to the director of community development department, and shall contain the following information:
1.
The applicant's name, address, and telephone number;
2.
Address of the property for which the request is being made;
3.
The current use of the property;
4.
The basis for the claim that the individual is considered disabled under the Acts, including verification of such claim;
5.
The zoning code provision, regulation, or policy from which reasonable accommodation is being requested; and
6.
Why the reasonable accommodation is necessary to make the specific property accessible to the individual.
B.
If the project for which the request for reasonable accommodation is being made requires some other discretionary approval (including use permit, design review, etc.) then the applicant shall file the information required by subsection A of this section for concurrent review with the application for discretionary approval.
C.
A request for reasonable accommodation shall be reviewed by the director of community development department or his/her designee, if no approval is sought other than the request for reasonable accommodation. The director or his/her designee shall make a written determination within forty-five days of the application being deemed complete and either grant, grant with modifications, or deny a request for reasonable accommodation.
D.
A request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the planning commission. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the planning commission in compliance with the applicable review procedure for the discretionary review.
(Ord. 783 (part), 2015)
§ 18.89.040 Approval findings.
The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:
A.
Whether the housing in the request will be used by a person with a disability under the Acts;
B.
Whether the request for reasonable accommodation is necessary to make specific housing available to a person with a disability under the Acts;
C.
Whether the requested reasonable accommodation would impose an undue financial, administrative or enforcement burden on the city;
D.
Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning;
E.
Potential impact on surrounding uses;
F.
Physical attributes of the property and structures; and
G.
Other reasonable accommodations that may provide an equivalent level of benefit.
(Ord. 783 (part), 2015)
§ 18.89.050 Conditions of approval.
In granting a request for reasonable accommodation, the director of community development department or his/her designee, or the planning commission as the case might be, may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings. The conditions shall also state whether the accommodation granted shall be removed in the event that the person from whom the accommodation was requested no longer resides on the site.
(Ord. 783 (part), 2015)
§ 18.89.060 Appeals.
A.
Any person dissatisfied with any action of the director of the community development department pertaining to this chapter may appeal to the planning commission within ten days after written notice of the director's decision is sent to the applicant. The appeal is taken by filing a written notice of appeal with the director of community development department and shall specify the reasons for the appeal and the grounds asserted for relief.
B.
Any person dissatisfied with any action of the planning commission pertaining to this chapter may appeal to the city council within ten days after the rendition of the decision of the planning commission. The appeal is taken by filing a written notice of appeal with the director of community development department and shall specify the reasons for the appeal and the grounds asserted for relief.
C.
The city council shall, by resolution, adopt and from time to time amend a fee for the filing of appeals. Such fee shall be for the sole purpose of defraying costs incurred for the administration of appeals. The fee for an appeal shall be paid at the time of and with the filing of an appeal. No appeal shall be deemed valid unless the prescribed fee has been paid.
D.
If an appeal is not filed within the time or in the manner prescribed in this section, the right to review of the action against which the complaint is made shall be deemed to have been waived.
E.
After filing an appeal, the appropriate hearing body shall conduct a public hearing for the purpose of determining whether the appeal should be granted. Written notice of the time, date and place of hearing shall be given to the appellant, and to any other persons who have filed a written request for notice. Such notices shall be mailed to the appellant and the applicant at least ten days prior to the hearing.
F.
The planning commission or city council shall review de novo the entire proceeding or proceedings related to the decision, and may make any order it deems just and equitable, including the approval of the application. Any hearing may be continued from time to time.
G.
At the conclusion of the hearing, the hearing body shall prepare a written decision which either grants or denies the appeal and contains findings of fact and conclusions. The written decision, including a copy thereof, shall be provided to the appellant and the project applicant.
(Ord. 783 (part), 2015)
§ 18.90.010 Purpose.
The purpose of this chapter is to establish regulations for uses of private property that are temporary in nature. These provisions place restrictions on the duration of the temporary use, its location, and other development standards. The intent of these regulations is to ensure that the temporary use does not adversely impact the long-term uses of the same or neighboring sites or impact the general health, safety, and welfare of persons residing within the community.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.90.020 Applicability.
The regulations of this chapter apply to the temporary use of property within all city zoning districts.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.90.030 Permit required.
A.
Except as otherwise provided in this zoning code, the temporary uses listed in this chapter shall require the issuance of a temporary use permit from the designated approving authority prior to establishment of the use. The process for accepting, reviewing, and approving or denying a temporary use permit shall be as described in Division II (Procedures), Section 18.16.070 (Temporary use permit).
B.
Applicants seeking a temporary use permit for a time period longer than otherwise allowed by this chapter may submit for a conditional use permit (CUP) for said activity; provided, that it complies with all other relevant development and operational standards (other than time duration) for the use as provided in this chapter. Approval of the CUP shall be in accordance with the standards of Division II (Procedures), Section 18.18.020 (Conditional use permit).
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.90.040 Temporary use regulations.
A.
Exempt Temporary Uses. The following temporary uses are exempt from the permit requirements of this chapter, provided they comply with the development standards listed herein.
1.
Emergency Facilities. Temporary facilities to accommodate emergency public health and safety needs and activities.
2.
Construction Yards—On Site. Yards and sheds for the storage of materials and equipment used as part of a construction project, provided a valid building permit has been issued and the materials and equipment are stored on the same site as the construction activity.
3.
Activities conducted on public property or within the public right-of-way that are approved by the city or as otherwise required by the Municipal Code.
B.
Allowed Temporary Uses and Related Standards. The following temporary uses may only be established after first obtaining a valid temporary use permit as described in Section 18.16.070 (Temporary use permit). Uses that do not fall within the categories defined below shall comply with the use and development regulations and planning permit requirements that otherwise apply to the property.
1.
Construction Office. A temporary construction office used during the construction of a main building or buildings on the same site.
2.
Construction Yards—Off Site. Site contractors' construction yards, in conjunction with an approved construction project.
3.
A mobile home for temporary caretaker quarters during the construction of a subdivision, multifamily, or nonresidential project, while a valid building permit is in force.
4.
Model Homes. A model home or model home complex may be authorized before the completion of subdivision improvements.
5.
Temporary real estate offices, including sales trailers and related facilities, may be established within the area of an approved residential subdivision project, solely for the first sale of homes. In addition, conditions of approval regulating the hours of operation, landscaping, or other aspects as deemed necessary may be imposed as part of the temporary use permit and subject to applicable building permits.
6.
Outdoor Displays/Sales (e.g., Sidewalk Sales and Parking Lot Sales). The establishment of temporary outdoor sales and the temporary display of goods, including promotional sales, may be conducted as part of an otherwise lawfully permitted or allowed permanent use. The temporary activity must be related to the on-site use and provided all activities shall be conducted within the buildable portion of the lot. The temporary activity is limited to a maximum of thirty consecutive calendar days. A total maximum of four thirty-day periods are permitted per year. Sales and display may not occupy more than ten percent of the parking area and shall not substantially alter the existing circulation pattern of the site. Temporary sales and displays shall not obstruct any existing handicap accessible parking space.
7.
Seasonal Sales Lots. Temporary seasonal sales activities (e.g., Christmas trees, pumpkin sales, and other similar outdoor sales) may be permitted in any commercial or industrial zoning district, or on any religious facility or school site that abuts a collector or arterial roadway as designated in the general plan. Seasonal sales (e.g., Christmas tree sales, pumpkin sales) may be permitted in any nonresidential zoning district upon issuance of a temporary use permit. Only one permit per property is permitted within a one-year time period and the term of permit shall not exceed sixty days. Temporary dwellings, including mobile homes, when a primary dwelling is being constructed or remodeled may be permitted, provided a valid building permit has been issued. The temporary dwelling shall be limited to a maximum of one year.
8.
Temporary Signs. See Section 18.82.080 (Standards for temporary signs) for standards and additional limitations.
9.
Temporary Structures (e.g., tents). A fire permit is required as part of the application.
10.
Grand opening event/special day or weekend event (e.g., auction, craft fair, carnival, parking lot sale). The temporary activity is limited to a maximum of seven consecutive days. A total maximum of four seven-day periods are permitted per year.
11.
Flea markets are not permitted as a temporary use.
12.
Farmers' markets may be permitted, provided such markets qualify as a certified farmers' market and all producers/vendors qualify as certified producers under the California Department of Food and Agriculture. The market must be located within the buildable portion of the lot on which it is to be located. The temporary use permit may impose conditions establishing the length of the permit, days and hours of operation, and other development factors as deemed appropriate.
13.
When a temporary use is not specifically listed in this section, the planning director shall determine whether the proposed use is similar in nature to listed use(s) and shall establish the term and make necessary findings and conditions for the particular use.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.90.050 General development standards.
Each use granted a temporary use permit shall comply with all applicable zoning district and development standards as outlined in this zoning code. The planning director shall establish the following standards in combination with the provisions in Section 18.90.040 (Temporary use regulations) and based on the type of temporary use, in addition to standards in the zoning code for guidance:
A.
Measures for removal of the activity and site restoration, to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this zoning code; and
B.
Limitation on the duration of approved temporary structures to a maximum of one year, so that they shall not become permanent or long-term structures; and
C.
Other requirements as appropriate to minimize any adverse impacts of the use.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.90.060 Similar uses.
When a temporary use is not specifically listed in this section, the planning director shall determine whether the proposed use is similar in nature to listed use(s) and shall establish the term and make necessary findings and conditions for the particular use, consistent with the provisions for similar use determination in Section 18.16.040 (Similar use determination).
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.92.010 Purpose and applicability.
Provides standards related to treatment facilities to ensure that they do not interfere with the health, safety and welfare of neighborhood residents and businesses. Standards apply whenever a facility is proposed as permitted in a zoning district.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.92.020 Standards.
These facilities may be established subject to the following:
A.
The use shall be subject to all city, county, state, and federal regulations concerning such treatment facilities, health and safety, food preparation, or other applicable regulation. Current evidence of such certification shall be provided to and shall remain on file with the planning department.
B.
The use shall be no closer than one thousand feet from another treatment facility, church or school.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.94.010 Purpose.
The continuance of a nonconforming use or nonconforming structure within the city is detrimental to the orderly development of the city and the general welfare of its residents and is particularly detrimental to the welfare of persons and property in the vicinity of any such nonconformity. It is the intent of this chapter that nonconforming uses and structures shall be eliminated as provided therein.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.94.020 Applicability.
This chapter establishes special regulations for nonconforming land uses and structures that were lawful before the adoption or amendment of this zoning code, but which would be prohibited, regulated, or restricted differently under the current terms of this zoning code or future amendments.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.94.030 Continuation of existing nonconforming uses of structures.
Nonconforming uses and nonconforming structures, as defined in this chapter, may be continued only in accordance with the provisions of this section, which permit the continuation of a nonconforming use or structure, and shall not apply to a use or a structure which is, or which becomes, a public nuisance.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.94.040 Illegal use or structure.
Any use or structure which was established or constructed in violation of the applicable zoning regulations in effect at the time of such establishment or construction and which is not in conformity with the applicable zoning regulations of this section is an illegal use or structure, as defined in this section, and such use or structure is and shall remain in violation of this section.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.94.050 Building permit issued prior to adoption of regulations.
A structure, or part thereof, which does not conform to the current regulations for the zoning district in which it is situated, but for which a building permit was issued and construction started prior to the adoption of such regulations, may be completed, provided the work was and is prosecuted continuously and without delay. Upon completion, such structure shall be deemed to be a nonconforming structure and shall thereafter be subject to the regulations set forth in this section.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.94.060 Annexations.
Except as otherwise expressly provided in this code, structures or uses, or both, which are lawfully existing at the time the property on which they are situated is annexed to the city, and which do not conform to the regulations of the zoning district in which they are placed following annexation, shall be deemed nonconforming structures or nonconforming uses, or both, as these terms are defined in this section, and shall upon such annexation be subject to the provisions of this section and code. The provisions of this section do not allow and shall not be interpreted to allow the continuation of a use or structure which is a public nuisance or which is prohibited or otherwise made unlawful, in whole or in part, by other chapters of this code or by laws enacted by the state or federal government which are applicable to the city.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.94.070 Changes in nonconforming use of structures.
If allowed by conditional use permit, the nonconforming use of a structure may be changed to another nonconforming use of a similar or of a more restricted class or nature, provided the proposed new nonconforming use will not increase the degree or intensity of the nonconformity.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.94.080 Discontinuance of nonconforming uses.
A nonconforming use shall be permanently discontinued and abated or brought into conformity with the regulations of the zoning district in which it is situated as follows:
A.
Cessation of Use. As used in this section, a nonconforming use shall be deemed to have ceased when it has been discontinued, either temporarily or permanently, whether or not the discontinuance was with the intent to abandon such use.
B.
A nonconforming use of a structure shall not be resumed when the nonconforming use has ceased for six consecutive months or more,
C.
A nonconforming use of land which does not involve any structure, except accessory structures, shall not be resumed after such use has ceased.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.94.090 Replacement of damaged or destroyed nonconforming structures.
Any nonconforming structure damaged to fifty percent or more of its current market value by fire, flood, explosion, wind, earthquake, war, riot, or other calamity or act of God, shall not be restored or reconstructed except in conformity with the applicable requirements of the zoning district in which it is situated. If such structure is less than fifty percent damaged, it may be restored, reconstructed, and used as before, provided such restoration is initiated within six months, and is substantially completed within twelve months, after the date such damage occurred.
As used in this section, current market value shall mean the market value of the structure immediately prior to the occurrence of the damage. For purposes of administering the provisions of this section, the city's building official shall make the determination of the current market value of a damaged structure, which determination shall be final.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.94.100 Repairs to nonconforming structures.
Repairs and maintenance work as may be required to keep a nonconforming structure in sound condition may be made, provided no structural repairs or alterations or additions shall be made except such as are required by law.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.94.110 Building site area-Land under one ownership.
Any lot or parcel of land under one ownership and of record on April 28, 1955, and where no adjoining land is owned by the same person may be used as a building site even when of less area or width than that required by the regulations for the zoning district in which it is located.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.94.120 Building site area.
Any lot or combination of lots of record on April 28, 1955, having not less than fifty-foot frontage on a street may be used as a building site even when of less area or width than that required for the zoning district in which it is located.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.95.010 Purpose and intent.
The purpose of this chapter is to establish procedures and standards for the site planning and architectural design of big box stores and discount clubs.
(Ord. 836 § 1, 2019)
§ 18.95.020 Facade treatment (appropriate).
Architectural elements shall be incorporated into the facade of the building creating visual interest and achieving compatibility within the design of the surrounding commercial structures. To that end the following shall apply:
A.
Building forms shall be designed to create visual interest on all sides of the structure and the architectural concept shall be consistent on all sides of the building.
B.
Second- and third-story volumes shall be stepped, sloped or grouped with one-story volumes to reduce the apparent mass to human scale.
C.
Entries to individual building and public spaces between buildings shall be emphasized with highlighted massing and articulated roof forms.
D.
Building facades shall be recessed or projected at a minimum of every sixty feet.
E.
The building height/roof pitch shall be varied.
F.
Building facade colors shall be earth-toned; muted colors, building trim may be accented with brighter and contrasting colors.
(Ord. 836 § 1, 2019)
§ 18.95.030 Facade treatment (inappropriate).
The following architectural elements and treatments are deemed inappropriate:
A.
Large-scale uninterrupted walls, not otherwise articulated by form fenestration, or materials.
B.
Massive building elements, such as timber beams and/or columns that are out of scale with the architectural style.
C.
False facades and other applied ornamentation unrelated to the rest of the building or structure.
D.
High-contrast color, brightly colored glazed tile or highly reflective surfaces.
E.
Bold application of colors such as stripes, accents or supergraphics.
F.
Use of the following materials is inappropriate:
1.
Heavy textured stucco, such as Spanish lace, swirl or heavy trowel.
2.
Vinyl, corrugated metal or aluminum siding.
3.
Common plywood or Masonite siding.
4.
Standard concrete block.
5.
Rustic materials utilized as primary wall surfaces and dark earth-tone colors.
6.
Overapplication of bright accents or trim colors.
(Ord. 836 § 1, 2019)
§ 18.95.040 Building entrances.
Commercial structures subject to this chapter shall provide customers with at least two building entrances in order to break up large-scale walls. Said additional entrances can be located at one of the two sides of the building and/or the rear of the building. Where a large retail establishment directly faces more than two abutting public streets, this requirement shall apply only to two sides of the building, including the side of the building facing the primary street, and another side of the building facing a second street. If multiple entries are not practical the structure shall have the appearance of having two entries.
(Ord. 836 § 1, 2019)
§ 18.95.050 Pedestrian linkage.
The site plan shall reflect and facilitate safe pedestrian access linking the building to sidewalks adjacent to project street(s). To accomplish that, the following shall apply:
B.
To avoid the appearance of a vast expanse of parking lot paving, no more than sixty percent of the total required parking shall be located between the front facade of the building and the street frontage, unless the configuration of the site in question precludes this parking arrangement.
C.
Pedestrian walkways connecting the building entrance to the parking lot shall be provided.
D.
Lighting within the parking lot shall be shielded and designed so as not to spill over to the adjacent properties.
E.
At least five percent of the total interior area devoted to parking shall be landscaped.
F.
Landscaping shall be provided at a minimum of every eight parking spaces.
G.
Landscaping shall be provided at the building entrance between the parking lot and the front of the building.
I.
Landscaping shall be maintained and replaced as needed.
(Ord. 836 § 1, 2019)
§ 18.95.060 Property maintenance.
Commercial properties supporting a big box store as defined by this chapter whether occupied or vacant shall be maintained so that the structure and surrounding property are not allowed to fall into a state of deferred maintenance and neglect. This includes the building exterior, parking lot maintenance and landscaping on the property.
(Ord. 836 § 1, 2019)