The purpose of this chapter is to provide the rules for determining and calculating height of structures in the city. Additionally, it includes exceptions to the height requirements of the underlying zoning district based on use type and features. The intent of these regulations is to provide for compatibility of building height when adjacent lots have different maximum height limits or there are different grade levels between a development site and its adjacent roadway. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.1.010)].

A. Generally. Except as otherwise provided by this chapter or any other provisions of this title, all structures shall be limited to the maximum height identified in the underlying (or applicable overlay) zoning district as identified in Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards), to the maximum height allowed for accessory structures as identified in Chapter 23.734 RCMC (Accessory Structures), or to the maximum height allowed for telecommunication facilities as identified in RCMC 23.907.020 (Telecommunication facilities). The height provisions for buildings or structures shall be interpreted so that both the limitation as to the number of stories and the limitation of the height in feet shall both apply when both standards are listed.

B. Height Compatibility with Single-Family Development. Whenever a structure is proposed on a lot that is adjacent to a single-family residential zone (e.g., CMU adjacent to RD-5), the proposed structure shall maintain the same maximum height allowed in the adjacent single-family residential zone (i.e., the RD-5 lot) within 100 feet of the shared property line. From that point measured 100 feet from the shared line, the maximum height of the proposed structure may increase to the maximum allowed by its underlying zoning at a two-to-one ratio. See Figure 23.701-1 (Height Compatibility with Single-Family Development). In the instance where the zones are separated by a public right-of-way, this rule shall still apply and the 100-foot distance measurement shall begin from the property line of the residential zone adjacent to the right-of-way.

Figure 23.701-1: Height Compatibility with Single-Family Development

C. Height Limits in Aircraft Approach Zones. In any zone, no tree or other object of natural growth shall be allowed to grow and no building or appurtenance thereon, tower, or other structure shall be erected or maintained to exceed the height limits developed for aircraft approach and take-off areas, nor the imaginary surfaces as defined by the Federal Aviation Administration. Such approach and take-off areas may be depicted on the zoning map for reference. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.1.030). Formerly 23.701.030].

The height of a structure shall be measured as the vertical distance from the finish grade of the site to an imaginary plane located the allowed number of feet above and parallel to the grade (see Figure 23.701-2, Measurement of Height).

Figure 23.701-2: Measurement of Height

[Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.1.040). Formerly 23.701.040].

Exceptions to the height regulations are as follows:

A. General Height Exceptions. Towers, penthouses, and other roof structures for the purpose of shelter for mechanical equipment, cupolas, water tanks, church steeples, carillon towers, radio/television antennas, and similar structures and necessary mechanical appurtenances may be erected on a building, or on the ground, to a height greater than the limit otherwise established within the underlying zone, or for that use; provided, that no such exception shall cover at any level more than 15 percent of the area of the lot nor have an area at the base greater than 1,600 square feet. (See RCMC 23.907.020 (Telecommunication facilities) for dish antenna regulations.) All construction is subject to approval of building inspection. Signs may not be placed on such structures at any height exceeding the height of an otherwise permitted building. Fences or walls may be required and conditioned to exceed six feet in height for a project, as determined by the approval authority related to a planning entitlement hearing on the same parcel of land.

B. Height Exceptions for Residential Zones. As part of design review, the designated approval authority may allow apartment houses, schools, churches, public buildings, and other similar buildings to be erected to a height not to exceed 75 feet; provided, that the required yards are increased one foot for each one foot of height increase of said building.

C. Mixed-Use, Automotive, and Industrial Zones. As part of design review, the designated approval authority may permit the maximum height for buildings in the mixed-use, automotive, and industrial zones to be increased to a maximum of 150 feet; provided, that all portions of the building exceeding the underlying height maximum are set back from the ultimate right-of-way line of all abutting streets and freeways a distance at least equal to the height of that portion of the building. For any residential portion of a hotel or a residential use, all required yards and courts shall be increased one square foot for each foot that such building exceeds the maximum height of the underlying zoning district. In any case, the floor area to lot area ratio shall not exceed that allowed in the underlying zoning district or two-and-one-half to one when no maximum is specified. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.1.050). Formerly 23.701.050].

Code reviser’s note: Ordinance 13-2013 Exhibit B sets out all of Article 7 without intending to amend the entire article. Only sections intended to be amended by the ordinance cite the ordinance in the section’s legislative history.

The purpose of this chapter is to establish rules and regulations for setback measurement, yard areas, and encroachments. These provisions, in conjunction with other applicable provisions of this title, are intended to ensure open areas around primary structures, maintain clear visibility for traffic safety and pedestrian access, buffer between property and land uses, and establish natural and visual light and air space privacy, landscaping, and recreation. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.2.010)].

A. Required Yard Area. Except as otherwise specified in this zoning code, required yard areas shall be kept free of buildings and structures.

B. 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.

C. Lots Abutting Two or More Streets. 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 setback of any of the streets.

D. Through Lots. Where a through lot has a depth of 125 feet or more, said lot shall be subject to front yard setback requirements, and other requirements related to a front yard along the secondary frontage.

E. Lot Area, Depth, Width, and Setback Reduction. Where a lot area or a lot width, depth, or setback has been reduced for an existing legally created lot by not more than 15 percent as a result of acquisition or dedication for a highway, road, drain, or other public purpose or as a result of dedication pursuant to a condition of approval, the lot area or yard so reduced may be included in determining compliance with lot area or yard requirements in the same manner as if the acquisition or dedication had not taken place.

F. Setback Measurement. The setbacks of all buildings and structures shall be measured at right angles from the designated property line, and the building setback line shall be drawn parallel to the designated property line at the required building setback distance. Setbacks shall be measured from lot lines as detailed below. There shall be, at a minimum, one front property line and one rear property line. The rear property line shall be the lot line parallel, or most nearly parallel, to the front property line. See Figure 23.704-1 (Setback Measurement).

Figure 23.704-1: Setback Measurement

G. Flag Lots. Flag lots shall have a minimum frontage width at the entrance to the parcel from the public right-of-way of 20 feet. No portion of the access corridor shall have a width less than 20 feet. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.2.030). Formerly 23.704.030].

The following encroachments shall be permitted; provided, that all such features and structures maintain a minimum three-foot setback from all property lines and a minimum distance of six feet from any other structure. Detached accessory structure standards and setbacks are stated in Chapter 23.734 RCMC (Accessory Structures).

A. Cornices, sills, eaves, canopies, awnings, and similar features may encroach into any required yard area a distance not to exceed 24 inches.

B. Window bays, including roof overhangs, having a minimum surface area of 50 percent glass may encroach 24 inches into the required yard area when the finished floor of the window bay is at least 15 inches above the finished floor of the room.

C. Fire escapes, outside stairways, balconies, and water heater enclosures projecting into a yard, court, or place not more than 36 inches and the ordinary projections of chimneys and flues may be permitted by the chief building official where the same are so placed as not to obstruct the light and ventilation of the subject property.

D. For single-family residential development, a portion of the main building may project into the required rear yard area; provided, that an equal area of the buildable portion of the lot (this area can be anywhere on the lot) is provided as a yard or court. See Figure 23.704-2 (Single-Family Encroachment). Minimum setbacks are required as follows:

1. One-story additions shall be set back a minimum of 10 feet from the rear property line.

2. Additions exceeding one story shall be set back a minimum of 15 feet from the rear property line.

Figure 23.704-2: Single-Family Encroachment

E. Structures that are attached to the primary dwelling and that have limited or no enclosure (e.g., patio covers) are allowed to project into the required rear and interior side yard setback, provided they maintain a minimum five-foot setback from the rear and interior side property lines. This allowance shall not be subject to the requirements of subsection (D) of this section. Enclosing the attached structure would subject it to the requirements of subsections (D)(1) and (2) of this section. [Ord. 4-2018 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.2.040). Formerly 23.704.040].

The objective design standards set forth in this chapter supplement the development standards in the zoning ordinance (the “code”) and serve as minimum requirements for multifamily residential development and mixed-use development that contains residential uses. The objective design standards also further the goals, policies, and actions of the General Plan, which encourage high quality design in the city of Rancho Cordova.

An objective design standard is one that involves no personal or subjective judgment by a public official and is verifiable by reference to an external and uniform benchmark, including criteria available and known to both an applicant and the public official. [Ord. 17-2021 § 3 (Exh. A)].

For a multifamily residential development or mixed-use residential development to be eligible for a streamlined ministerial approval process using objective design standards, the development must meet the specific eligibility criteria set forth in Government Code Section 65913.4. If the eligibility requirements are met, an applicant may obtain a multifamily housing streamlined design review permit per Chapter 23.137 RCMC.

The discretionary design review process described in Chapter 23.141 RCMC (Major Design Review) shall be used for all multifamily residential developments that are not eligible for streamlined review. Applicants requesting exceptions and/or modifications to these standards will be reviewed under the discretionary review process described in Chapter 23.141 RCMC. [Ord. 17-2021 § 3 (Exh. A)].

The planning director shall use the objective design standards set forth in this chapter to approve developments that meet all of the criteria set forth in Government Code Section 65913.4.

The planning director’s approval can be appealed pursuant to RCMC 23.110.160. [Ord. 17-2021 § 3 (Exh. A)].

The following design and development standards apply to the location of buildings and site features within a multifamily development:

A. Neighborhood Compatibility.

1. Residential developments located across the street from single-family neighborhoods shall orient the following features toward the street: individual entries, patio areas and landscaping.

a. Multifamily units abutting single-family neighborhoods shall include individual front doors and interior stairs (when stairs are needed).

b. Parking lot areas and carports shall not be located on street frontages in single-family neighborhoods.

2. When located adjacent to one- or two-story single-family detached homes, the design of multi-unit structures along the development edge shall be designed to transition in scale. New multifamily residential development directly adjacent to existing single-family homes shall be limited to 30 feet in height within 50 feet of the shared property line. The height of the multifamily building may be increased to a maximum of 50 feet beyond 50 feet of the shared property line.

B. Pedestrian Access and Open Space. The following standards apply to the design of pedestrian and open space features within a multifamily development:

1. On-site pedestrian circulation and access shall be provided according to the following standards:

a. Pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.

b. An on-site walkway shall connect the primary building entry or entries to a public sidewalk along each street right-of-way.

c. Walkways shall be a minimum of four feet wide and paved with concrete.

2. Common open space is required for all multifamily developments with more than 10 units and shall be provided according to the following standards:

a. Common open space shall be incorporated into the site plan as a primary design feature and not just as remnant pieces of land used as open space. The open space shall be centrally located and positioned within the viewshed of the nearest units, such that the residents can watch over the area.

b. Common open space shall be provided at a rate of 50 square feet of open space per dwelling unit. Required front, side, and rear setbacks shall not be counted toward meeting open space requirements.

c. Common open space is open space used commonly by residents of a building, having a minimum dimension of 15 feet in any direction and a minimum area of 300 square feet.

d. Common open space may be comprised of the following: patios with picnic tables and BBQ area with shade structure(s), community gardens, swimming pools, tot-lots/play structures, and sports courts (e.g., tennis, basketball, volleyball), and other active/passive recreation areas accessible to building residents and their visitors.

e. Common open space shall not include driveways, pedestrian access to units from common pedestrian walkways, parking areas or required front, side or rear setback areas.

f. Accent elements shall be used to demarcate pedestrian entrances to a multifamily development and common open space areas on the interior of a development site. Accent elements shall include the following: wood trellises, arches, arbors, columns, or low monument features.

3. Private open space is required for each dwelling in multifamily developments, either at ground level or above ground level, seeking approval through the subjective streamlined ministerial approval process. The following requirements shall apply:

a. Private open space areas at ground level, such as patios, shall have a minimum of 120 square feet of private outdoor space directly adjacent to the unit.

b. Private open space above ground level, such as balconies, shall have a minimum of 60 square feet of area with no dimension less than five feet.

c. Private outdoor space shall be delineated by a wall, fence, or hedge.

d. Private open space is usable open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests. Examples include patios, screened decks, or balconies.

C. Parking and Garages.

1. Parking shall be accommodated in an underground garage, surface lot behind the building, a tuck-under, or a combination thereof.

2. Surface parking lots shall be located behind the building where lot size permits and screened from adjacent streets with walls, fences, and hedges.

3. Where an alley is not present, parking entrances to garages and/or driveways shall be located as close to the side or rear property line as possible.

4. To facilitate development of attached housing forms (such as townhouses), rear alleys must be used for accessing garages, off-street parking, utilities and trash facilities.

5. Carports, detached garages, and accessory structures shall use similar or complementary materials, colors, and details equivalent to the principal buildings of a development. [Ord. 17-2021 § 3 (Exh. A)].

The following standards apply to the design of landscaping and lighting within the multifamily development:

A. Landscaping.

1. Landscaping around the building perimeter is required.

2. Within the landscaped area between the right-of-way and buildings, trees shall be planted 25 feet on center in landscaped area. Trees shall be located between four and 10 feet from the back of the sidewalk. The landscaped area shall also include shrubs, ground covers, and other natural growth, or stormwater quality features and drainage treatments.

3. All planting areas, plant materials, and irrigation shall conform with the city’s water-efficient landscaping regulations.

4. Parking Lot Landscaping.

a. Parking areas, covered and uncovered, must be screened from view from public roadways with landscaping. Landscaped screening is defined as a natural or manmade feature which separates land uses. Landscape screening may be accomplished through the following: landscaping (ground cover, plantings, and trees), a planted earth berm (no greater than two feet in height), hedge, wall, or some combination of the above.

b. A perimeter landscaped strip at least 10 feet wide shall be provided for any parking area adjacent to a public street or to the side or rear property line. The perimeter landscaped strip may be located within a required setback area.

c. Trees shall be planted and maintained in all parking lots at a minimum ratio of one tree for every six parking spaces. Trees shall be evenly distributed throughout the entire parking area.

d. Surface parking areas that are covered by solar panels are allowed to reduce the tree planting requirements by 50 percent.

e. A well colored, varied, complementing pallet of native plantings shall be used within the site.

f. Provide a minimum 10-foot width landscaped area between parking areas/drive aisles and residential units.

B. Lighting.

1. All entryways, pathways, open spaces, and parking lots shall be illuminated pursuant to city standards.

2. Lighting on buildings shall be oriented toward pedestrians in terms of scale, design, and location.

3. Applicants shall use LED and other technologies to maximize energy efficiency. High pressure sodium lights are prohibited.

4. High-efficiency, warm white light shall be used.

5. Lighting shall be designed to direct light away from adjacent residential properties.

6. All exterior lighting shall use full-cutoff luminaries and be directed toward the areas to be lit to limit spillover onto off-site uses. [Ord. 17-2021 § 3 (Exh. A)].

The following standards apply to the architectural design of the multifamily development:

A. Massing and Articulation.

1. A minimum three-foot offset is required for any wall plane that exceeds 30 feet in length.

2. Buildings over two stories tall shall have massing breaks at least every 100 feet along any street frontage adjacent to a public park, publicly accessible outdoor space, or designated open space. Breaks in massing may be provided through the use of varying setbacks and/or building entries. Massing breaks, or modulation of building facades, shall be a minimum of two feet deep and four feet wide and extend the full height of the building. Building entrances and front porches may count toward meeting this requirement.

3. Variation of roof forms shall be used on buildings of over 50 feet in length along the street frontage and accomplished through the use of differences in roof height and/or form.

4. Varied roof forms shall be used as appropriate to the architectural style, such as the following: hipped roofs, gabled roofs, varying pitches, and roof dormers.

5. Design of rooflines with changes in ridgeline direction and configuration shall be used to ensure variation in rooflines between structures.

6. Upper stories shall not project beyond the ground floor footprint, except for bay windows or balconies.

7. A minimum of two architectural features shall be incorporated into each building as appropriate to the architectural style of the building, including: dormers, bay windows, enhanced individualized entries, and accent materials.

8. Attached housing (such as townhouses) shall look like separate units by the use of clearly identified entries, style and design details, and differing roof forms.

9. All primary entrances into residential buildings or individual units shall provide weather protection extending a minimum of four feet from the building facade.

B. Facade Detailing and Materials.

1. While diversity of architecture is encouraged, each multifamily dwelling or building shall be designed with a single architectural style.

2. Where placement within the site allows, the front door to each unit shall be clearly visible from the adjacent street. The use of distinctive architectural elements and materials to denote prominent entrances is required.

3. Where the side facade at the end of a building is oriented to a street, driveway, paseo, or common open space area, massing and level of detailing of the side facade shall be consistent with the front facade. Articulation of the side facade may include windows, doors, and porches.

4. All building facades visible from the public right-of-way shall incorporate two or more of the following details as appropriate to the architectural style of the building: window recesses, cornices, changes in materials or other design elements.

5. Window trim shall be a minimum of four inches in width and one inch in depth. In lieu of exterior window trim, windows may be recessed from a wall plane by a minimum of four inches.

6. A unified palette (color, texture, sheen) of materials shall be used on all sides of buildings. Every building shall have at least two complementary colors.

7. At least two materials shall be used on any building frontage, in addition to glazing and railings. One material must comprise at least 20 percent of the building facade.

8. The facade shall be compatible with the surrounding residential architectural character and include the following materials: stone, brick, stucco, or painted wood clapboard. The following materials are prohibited: concrete block, T111 plywood, vinyl siding, and metal siding (architectural metal treatments may be considered).

9. Natural materials such as stone, river rock, and slate, which are intended to be seen in their natural state, shall not be painted.

10. Roofing materials shall consist of the following: dimensional composite shingles, clay tile, concrete, and standing seam metal. Wood shingles shall be prohibited.

11. Front porches shall be functional with a minimum depth of six feet.

12. The front door to each unit shall be clearly visible from the adjacent street. The use of distinctive architectural elements and materials to denote prominent entrances is required.

13. Doors shall complement the architectural style and be of high quality and include high-quality, durable hardware.

14. Window molding, shaped frames and sills and other techniques shall be used to enhance openings with additional architectural relief. [Ord. 17-2021 § 3 (Exh. A)].

The following standards apply to the design of accessory features within the multifamily development:

A. Walls and Fences.

1. Fences, walls, and hedges shall be compatible with the architectural design and materials of the building that they enclose.

2. Solid perimeter walls shall be constructed of high-quality enduring construction materials, such as masonry or ornamental metal. Concrete block and interlocking concrete pavers (such as keystone) shall not be visible from the street.

3. Fences shall be constructed of wood or vinyl. Chain link fencing is prohibited.

4. Fences, walls, or hedges shall not exceed three feet in height in front yards and street-facing side yards or six feet in height in rear yards.

5. Fences and walls located along the side or rear property lines that are not along street frontages shall be solid fences or walls. Open fences, which feature wrought iron/tubular steel, are permitted to capture scenic views offered by a property line that adjoins a permanent open space area, and where the yard does not require screening.

6. Fencing between private yards and common open spaces shall be a minimum of four feet in height.

7. Where screening is necessary as part of the site design, block walls may be constructed within the front yard setback and along the street frontage, but must be decorative masonry, have a decorative cap, and feature a landscape setback.

8. Exterior trash, refuse storage, utility boxes, and electric and gas meters shall be screened from the public right-of-way with landscaping, fences, or walls.

9. Service, utility, and mechanical functions shall be located in alleys whenever present. When alleys are not present, service, utility, and mechanical functions shall be placed behind buildings and provisions for access shall be made.

B. Refuse Containers.

1. Developments with four or fewer units may be designed so that units are provided with individual refuse containers. Residents must be provided with a location to store refuse containers out of view from pedestrian walkways and internal and external roadways.

2. In developments with five units or more, shared refuse containers shall be provided, which shall be located within an enclosure or building. The applicant shall provide the city with information from the refuse pickup provider verifying the size and number of dumpsters required for the development.

3. Refuse enclosure walls shall be a minimum of seven feet tall and of an adequate size to accommodate the needed refuse and recycling containers.

4. Design of refuse enclosures shall incorporate design features of the associated residential structures.

5. Refuse enclosures and gates shall be designed and made with durable materials to withstand heavy use. Wheel stops or curbs shall be installed to prevent dumpsters from banging into walls of enclosure.

6. Refuse enclosures shall include a door to allow resident access without opening large gates.

7. Lighting shall be provided at refuse enclosures for nighttime security and use.

8. Refuse enclosures shall be located so that no dwelling is closer than 20 feet (including those on abutting properties), or more than 100 feet from a residential unit.

9. The entrance of refuse enclosures shall not be visible, unless set back a minimum of 100 feet, from public rights-of-way.

C. Private Storage Space.

1. Each unit shall have at least 25 square feet of enclosed, weatherproofed, and lockable private storage space outside of the unit. The storage unit shall have a minimum horizontal dimension of four feet.

D. Monument Signage.

1. All monument signs shall be architecturally compatible with the building(s) on the site on which the monument sign is to be located.

2. Monument signs shall meet all additional size and locational requirements found in this title. [Ord. 17-2021 § 3 (Exh. A)].

The purpose of this chapter is to provide incentives for the production of housing for very low, low, and moderate income, special needs, and senior households in accordance with Government Code Sections 65915 through 65918. In enacting this chapter, it is the intent of the council to facilitate the development of affordable housing and to implement the goals and policies of the city’s General Plan housing element. (Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.4.010)].

The city of Rancho Cordova shall grant one density bonus, with concessions or incentives, as specified in RCMC 23.710.040 (Number and types of incentives and bonuses allowed) or provide other incentives or concessions of equivalent financial value based upon the land cost per dwelling unit, when the applicant for the housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this chapter, that will contain at least one of the following:

A. Ten percent of the total units of a housing development for lower income households.

B. Five percent of the total units of a housing development for very low income households.

C. Housing for special needs populations.

D. A senior citizen housing development as defined in Sections 51.3 and 51.12 of the California Civil Code pursuant to Section 65915(b)(1)(C), or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code.

E. Ten percent of the total dwelling units in a common interest development as defined in Section 4100 of the California Civil Code for persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code; provided, that all units in the development are offered to the public for purchase.

F. Ten percent of the total units of a housing development for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.). The units described in this subparagraph shall be subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low income units. Twenty percent of the total units for lower income students in a student housing development shall meet the requirements of Section 65915(b).

G. One hundred percent of all units in the development, including total units and density bonus units, but exclusive of a manager’s unit or units, are for lower income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to 20 percent of the units in the development, including total units and density bonus units, may be for moderate income households, as defined in Section 50053 of the Health and Safety Code. [Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.4.030). Formerly 23.710.030].

The following general provisions apply to the application and determination of all incentives and bonuses:

A. All density calculations resulting in fractional units shall be rounded up to the next whole number.

B. The granting of a density bonus shall not be interpreted, in and of itself, to require a General Plan amendment, rezone, or other discretionary approval.

C. The density bonus shall not be included when determining the number of housing units that is equal to five or 10 percent of the total.

D. Upon request by the applicant, the city shall not require that a housing development meeting the requirements of RCMC 23.710.020 (Eligibility for incentives and bonuses) provide a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds the following:

1. Zero (studio) to one bedrooms: one on-site parking space per unit.

2. Two to three bedrooms: one and one-half on-site parking spaces per unit.

3. Four and more bedrooms: two and one-half parking spaces per unit.

E. If the total number of parking spaces required for a housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subsection, a development may provide on-site parking through tandem parking or uncovered parking, but not through on-street parking.

F. The city shall not apply any development standard that would have the effect of precluding the construction of a housing development meeting the requirements of RCMC 23.710.020 (Eligibility for incentives and bonuses) at the densities or with the incentives permitted by this chapter. An applicant may submit to the city a proposal for the waiver or reduction of development standards. Nothing in this subsection, however, shall be interpreted to require the city to waive or reduce development standards if the waiver or reduction would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which the city determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Furthermore, the applicant shall be required to prove that the waiver or modification is necessary to make the target units economically feasible. [Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.4.040). Formerly 23.710.040].

A. General Project Density Bonus. A housing development that satisfies all applicable provisions of this chapter shall be entitled to the following density bonus:

1. For developments providing lower income target units, a 20 percent base density bonus plus a one-and-one-half percent supplemental increase over that base for every one percent increase in low income units from 10 to 20 percent. A 35 percent base density bonus plus an additional 3.75 density bonus shall be added with each incremental increase starting from 20 to 24 percent of affordable units. The maximum density bonus allowed including supplemental increases is 50 percent.

2. For developments providing very low income target units, a 20 percent base density bonus plus a two-and-one-half percent supplemental increase over that base for every one percent increase in very low income units from five to 10 percent. A 35 percent base density bonus plus an additional 3.75 density bonus shall be added with each incremental increase starting from 11 to 15 percent of affordable units. The maximum density bonus allowed including supplemental increases is 50 percent.

3. For developments providing moderate income target units, a 50 percent density bonus is eligible for when 44 percent of units are set aside (for-sale units only).

4. An applicant for a senior citizen housing development or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Civil Code Sections 798.76 or 799.5 is entitled to a density bonus of 20 percent of the number of senior citizen housing development units and up to a maximum of 50 percent (Government Code Sections 65915(b)(1)(C) and 65915(f)(3)).

5. For common interest developments providing moderate income target units, a five percent base density bonus plus a one percent increase in moderate income units above 10 percent. The maximum density bonus allowed including supplemental increases is 35 percent.

B. Number of Incentives or Concessions. In addition to the eligible density bonus percentage described in this section, an applicant may request one or more incentives or concessions in connection with its application for a density bonus as follows:

1. One incentive or concession for projects that include at least 10 percent of the total units for lower income households, at least five percent for very low income households, or at least 10 percent for persons and families of moderate income in a common interest development.

2. Two incentives or concessions for projects that include at least 17 percent of the total units for lower income households, at least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a common interest development.

3. Three incentives or concessions for projects that include at least 24 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a common interest development.

4. Four incentives or concessions for projects with 100 percent of all units in the development (including total units and density bonus units) are for lower income households, or 20 percent of the units in the development are for moderate income households, as defined in Section 50053 of the Health and Safety Code. If the project is located within one-half mile of a major transit stop, the applicant shall also receive a height increase of up to three additional stories, or 33 feet.

C. Available Incentives and Concessions. The following incentives and concessions are available for compliance with this chapter:

1. A reduction in the site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5, Section 18907 of Division 13 of the Health and Safety Code, including but not limited to a reduction in setback and square footage requirements and in ratio of vehicle parking spaces that would otherwise be required and that results in identifiable, financially sufficient, and actual cost reductions.

2. Approval of mixed-use development in conjunction with the housing development if the nonresidential land uses will reduce the cost of the housing development and the nonresidential land uses are compatible with the housing development and surrounding development.

3. Other regulatory incentives or concessions proposed by the applicant or that the city determines will result in identifiable, financially sufficient, and actual cost reductions.

4. Priority processing of a housing development that provides income-restricted units.

5. The city may provide additional waivers or reductions in development standards for projects located within a one-half-mile radius of a major transit stop. A major transit stop is defined as an existing rail or bus rapid transit station or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

6. The city shall provide further reduced parking standards for eligible residential projects which provide the following: unobstructed access to a major transit stop; or units that are restricted to for-rent housing for individuals who are 62 years of age or older with paratransit service or unobstructed access to a fixed bus route that operates at least eight times per day.

7. A floor area ratio density bonus may be granted to an eligible housing development, upon request of the developer, in lieu of a density bonus awarded based on dwelling units per acre.

a. In calculating the floor area ratio bonus pursuant to this section, the allowable gross residential area in square feet shall be the product of the following amounts:

i. The allowable residential base density in dwelling units per acre.

ii. The site area in square feet, divided by 43,560.

b. If an eligible housing development is zoned for mixed-use purposes, any floor area ratio requirement under a zoning ordinance or land use element of the General Plan applicable to the nonresidential portion of the eligible residential development, shall continue to apply notwithstanding the award of a floor area ratio bonus in accordance with this section.

c. An applicant for a floor area ratio bonus may also submit to the city a proposal for specific incentives or concessions pursuant to this chapter.

8. An applicant seeking to develop an eligible residential development shall be allowed to calculate impact fees based on square feet, instead of on a per-unit basis.

D. Density Bonus for Housing Developments with 100 Percent Affordable Housing.

1. Criteria. For a density bonus to be granted under this subsection, 100 percent of the total units, exclusive of a manager’s unit or units, are restricted to very low, low, and moderate income households (maximum 20 percent moderate).

2. Density Bonus Allowance. An applicant for a housing development with 100 percent affordable housing is entitled to:

a. Except as otherwise provided, the density bonus shall be up to 80 percent of the number of units for very low and low income households.

3. Other Allowances.

a. If the project is located within one-half mile of a major transit stop as defined in subdivision (b) of Section 21155 of the Public Resources Code:

i. The applicant may also receive a height increase of up to three additional stories or 33 feet.

ii. The jurisdiction shall not impose any maximum controls on density. If no maximum controls on density are imposed on a project, then no other waivers or reductions of development standards would be allowed.

E. Additional Density Bonus and Incentives and Concessions for Donation of Land to the City.

1. When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the city and agrees to include a minimum of 10 percent of the total units before the density bonus for very low income households, as provided for in this subsection (E), the applicant shall be entitled to a 15 percent base density bonus plus a one percent supplemental increase for each additional percentage of very low income units, to a maximum density bonus of 35 percent.

2. The density bonus provided in this subsection (E) shall be in addition to any other density bonus provided by this chapter to a maximum combined density bonus of 35 percent.

3. The applicant shall be eligible for the increased density bonus described in this subsection (E) if all of the following conditions are met:

a. The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application.

b. The developable acreage and zoning designation of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than 10 percent of the number of residential units of the proposed development.

c. The transferred land is at least one acre in size or is of sufficient size to permit development of at least 40 units, has the appropriate General Plan land use and zoning designations, and is or will be served by all required public facilities and infrastructure.

d. The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with the requirements of this chapter.

e. The land is transferred to the city or to a housing developer approved by the city.

f. The transferred land shall be within the boundary of the proposed development or, at the city’s approval, within one-quarter mile of the boundary of the proposed development.

4. Nothing in this subsection shall be construed to enlarge or diminish the authority of the city to require a developer to donate land as a condition of development.

F. Additional Density Bonus and Incentives and Concessions for Development of Child Care Facility.

1. Housing developments meeting the requirements of RCMC 23.710.020 (Eligibility for incentives and bonuses) and including a child care facility that will be located on the premises of, as part of, or adjacent to the housing development shall receive either of the following:

a. An additional density bonus that is an amount of square footage of residential space that is equal to or greater than the amount of square footage in the child care facility.

b. An additional incentive or concession that contributes significantly to the economic feasibility of the construction of the child care facility.

2. The density bonus housing agreement for the housing development shall ensure that:

a. The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the target units are required to remain affordable; and

b. Of the children who attend the child care facility, the children of very low income households, lower income households, or persons or families of moderate income shall equal a percentage that is equal to or greater than the percentage of target units that are required pursuant to RCMC 23.710.020 (Eligibility for incentives and bonuses).

3. The city shall not be required to provide a density bonus or incentive or concession for a child care facility if it makes a written finding, based upon substantial evidence, that the community has adequate child care facilities. [Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.4.050). Formerly 23.710.050].

As required by state law, the location of density bonus units in the housing development may be at the discretion of the developer. However, the inclusionary units shall be dispersed throughout the development (where feasible); shall contain, on average, the same number of bedrooms as the noninclusionary units in the development; and shall be compatible with the design or use of the remaining units in terms of appearance, materials, and quality finish. [Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.4.060). Formerly 23.710.060].

A. If a housing development providing low or very low income target units receives only a density bonus, the target units must remain restricted to low or very low income households for a minimum of 30 years from the date of issuance of the certificate of occupancy.

B. If a housing development providing low or very low income target units receives both a density bonus and an additional incentive, the target units must remain restricted to low or very low income households for a minimum of 50 years from the date of issuance of the certificate of occupancy.

C. In the case of a common interest housing development providing moderate income target units, the initial occupant of the target unit must be a person or family of moderate income. Upon resale, the seller of the target units shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation, which shall be used within three years for any of the purposes described in subdivision (e) of Section 33334.2 of the California Health and Safety Code that promote homeownership. The city’s proportionate share shall be equal to the percentage by which the initial sale price to the moderate income household was less than the fair market value of the home at the time of the initial sale. [Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.4.070). Formerly 23.710.070].

A. Process for Approval. The density bonus and incentive(s) and concession(s) request shall be considered in conjunction with any necessary development entitlements for the project. The designated approval authority for density bonuses shall be the council. In approving the density bonus and any related incentives or concessions, the city and applicant shall enter into a density bonus agreement. The form and content of the density bonus agreement shall be determined by the city.

B. Approval Required Unless Denial Findings Made. The city shall grant the density bonus, incentive(s), and concession(s) requested by the applicant unless the city makes a written finding, based upon substantial evidence, of either of the following:

1. The incentive or concession is not required in order to provide for affordable housing costs or affordable rents.

2. The incentive or concession would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code, upon public health and safety or physical environment or any real property that is listed in the California Register of Historical Resources and for which the city determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households. [Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.4.080). Formerly 23.710.080].

The provisions of this section shall apply to the development of all residential condominiums and stock cooperatives including the conversion of existing dwelling units to condominiums, row houses, townhouses, and stock cooperatives. The purpose of this chapter is to establish procedures for the conversion as well as to ensure that rental apartments being converted meet applicable physical standards. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.5.010)].

An application for a conditional use permit is required and shall apply to the whole multifamily housing project and partial conversions shall not be permitted. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.5.030). Formerly 23.713.030].

All condominium conversion projects require a conditional use permit as outlined in this chapter. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.5.040). Formerly 23.713.040].

Recognizing that the conversion of existing structures which have been previously occupied and constructed as rental units presents unique problems to present tenants and future buyers, the application for a conditional use permit for a condominium conversion project shall include the following information:

A. The proposed organizational documents, including the covenants, conditions and restrictions, to be recorded pursuant to Section 1350 et seq. of the Civil Code. The organizational documents shall provide for the following:

1. Transfer of title to each unit.

2. Assignment of parking for each owner, and provisions for parking of recreational vehicles.

3. The management of common areas within the project and the complex generally.

4. The anti-discrimination provisions set forth in this chapter.

5. A copy of the maintenance program and proposed budget by a homeowners association or other enforceable means to ensure maintenance of common areas, landscaping, private streets, parking areas, and recreational facilities.

B. A property report prepared by a licensed engineer that shall describe the condition and structural integrity and estimate the remaining useful life of each of the following elements of each structure situated within the project proposed for conversion: roofs, foundations, exterior paint, insulation, paved surfaces, mechanical systems, electrical systems, plumbing systems, sewage systems, sprinkler systems for landscaping, utility delivery systems, central or community heating and air conditioning systems, fire protection systems including any automatic sprinkler systems, alarm systems, or standpipe systems, structural elements, and drainage systems.

1. The property report shall state what the Sound Transmission Class and Sound Impact Class of the existing floor-to-ceiling and wall-to-wall assemblies of sample units are. The report shall also explain, in nontechnical terms, what the class ratings mean and state what measure, if any, the applicant will take to improve sound attenuation between units.

2. The property report shall list each fixed appliance to be contained in each or any unit offered for sale and shall state whether the appliance is or will be new or used when the unit is first offered for sale. The report shall also state the terms and nature of the warranty offered by the applicant on each such appliance.

3. Each portion of the property report shall be prepared by an appropriately licensed engineer, and each unit shall be fully inspected. Upon completion and submittal of the report, the city’s neighborhood services rental inspection team shall confirm the findings of the property report in writing subsequent to their independent review of conditions.

4. The property report should include an estimate of the cost to improve all of the systems so that a new buyer could reasonably expect a 30-year life from the structure and grounds involved.

C. A structural pest control report.

D. A building history report identifying the date of construction of all elements of the project.

E. A report identifying all characteristics of the building not in compliance with this chapter or applicable building or housing codes. The report shall also indicate how the buildings and/or units will be brought into compliance with the existing building code.

F. A rental history report detailing:

1. The size, in square footage, of the building or buildings and each unit.

2. The current or last rental rate; the name and address of each present tenant; and the monthly rental rate for the preceding four quarters for each unit.

3. The average monthly vacancy over the preceding four quarters.

4. The number of evictions over the preceding four quarters.

5. Evidence shall be submitted that tenants have been notified and have acknowledged the applicant’s intent to file a request for conversion for a period of at least 90 days prior to the initial filing of an application for conversion use permit or tentative subdivision map.

Failure to provide any information required by subsections (B) through (F) of this section shall be accompanied by an affidavit or declaration given under penalty of perjury setting forth in detail all efforts undertaken to discover the information and all reasons why the information could not be obtained.

G. A detailed report describing the relocation and moving assistance information to be given to each tenant, and the steps the applicant will take to ensure the successful relocation of each tenant. The report should state in detail what assistance will be provided for special category tenants, including a discussion of long-term or life-term leases and provisions to allow such tenants to continue renting after conversion until comparable housing is available.

H. A survey of all the tenants in the conversion project indicating the tenants’ household income, how long each tenant had been a resident of the project, how long each tenant had planned to live in the project, whether or not each tenant would be interested in purchasing a unit, to which city area each tenant would choose to relocate if the conversion took place and the tenant did not purchase a unit, and the extent of tenant approval in principle of the conversion. The survey must include an estimate of the sales price for each unit, not including inflation and adjustments that would take place during conversion.

To comply with this provision, the applicant shall provide a tenant rights handout and a questionnaire, in a form approved by the city, to each tenant with an envelope, postage prepaid, addressed to the department. The questionnaire shall direct the tenant to return the completed form directly to the department. The director may require additional information necessary to assist in evaluating said conversion project in order to make proper findings in accordance with the purposes and objectives set forth in the adopted city General Plan. Such information may include, but shall not be limited to:

1. A report comparing the units in the conversion project, as both rentals and ownership units, with housing available in the city as affected by the project.

2. A report on availability of comparable rental units at similar rental rates remaining in the city, including vacancy rate information.

3. A report outlining the available low and moderate income housing units (rental and sales housing) in the city.

4. A report providing the overall vacant rate of apartments in the city. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.5.050). Formerly 23.713.050].

If the vacancy rate within the city is less than five percent, then a condominium conversion is not permitted, unless measures are provided by the applicant to offset the loss of affordable apartment units. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.5.060). Formerly 23.713.060].

All converted units shall be retrofitted to the standards required of new residential condominiums as required by the chief building inspector, including energy conservation. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.5.070). Formerly 23.713.070].

In addition to the tenant protection provisions set out in the Subdivision Map Act, the applicant shall comply with the provisions below, as conditions of any permit for a condominium conversion project approved pursuant to this chapter.

A. Sales and Lease Termination. The tenants of the project on the date of application shall be offered the first right of refusal to purchase units. The offer shall run for 90 days from the date of issuance of subdivision public report by the California Bureau of Real Estate unless the tenant gives prior written notice of intention not to exercise the right. A tenant of any project proposed for conversion on the date of application for each conversion may terminate any lease after giving 30 days’ notice. The required relocation assistance shall be applicable to all units from the date of final approval of the use permit to the closing of escrow for the final unit in the project.

B. Relocation Assistance. The applicant shall offer to each eligible tenant a plan for relocation to comparable housing, as approved by the council.

The relocation plan shall provide, at a minimum, for the following:

1. Assistance to each eligible tenant in locating comparable housing, including, but not limited to, providing availability reports and transportation, where necessary.

2. Payment of a relocation fee to each tenant who does not choose to stay. At a minimum, such payment shall be equal in amount to two months’ rent and the security deposit amount paid by the tenant for the existing apartment unit. A tenant is not entitled to a relocation fee pursuant to this subsection if the tenant has been evicted for just cause.

3. In the case of eligible tenants who are elderly, handicapped, low income, or single heads of households living with one or more minor children, the following additional provisions must be made:

a. Payment of the first month’s rent in the new complex and refund of all key, utility, and pet deposits to which the tenant is entitled upon vacating the unit. Cleaning and security deposits, minus damages, shall be refunded to the tenant upon vacating the unit.

b. If the amount of deposits and other fees required upon moving into the new complex exceed the amounts refunded to the tenant plus damages, the applicant shall pay the difference.

c. If amount of damage to any unit exceeds the deposit, the excess may be subtracted from the relocation assistance payment.

d. Residents with school-age children shall not be required to relocate during the school year.

4. In the case of eligible special category tenants, the following additional provisions must be made:

a. Subsidy. Where the rent for the comparable unit is higher than the rent for the current unit, the applicant shall pay the difference for a period of one year from the date of relocation.

b. Evictions. Until each tenant is successfully relocated, the tenant shall not be unjustly evicted.

c. Life-Term and Long-Term Leases. The applicant shall offer eligible tenants leases for a term of:

i. Fifty-nine years when the tenant is elderly or handicapped and who also qualifies as low income. Such leases shall provide that annual rent increase shall not exceed the percent of change in HUD’s defined fair market rent.

ii. Fifty-nine years when the tenant is elderly or handicapped with a moderate income or greater. Rents may be increased at the prevailing market rate.

iii. An annually renewable lease for a term not to exceed five years for low income households when the appropriate authority finds that comparable units are not available for the relocation of low income persons. Such agreements shall be certified for tenant eligibility each calendar year. Qualification for the federal Section 8 program or its successor shall constitute certification.

d. The offer to each eligible tenant of a plan for relocation shall be free of any coercion, intimidation, inducement, or promise not herein specified and shall not cause the tenant to vacate in advance of, or prior to, a timetable or schedule for relocation as approved in the application for approval of conversion. [Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.5.080). Formerly 23.713.080].

The applicant or owner of any condominium unit within a project shall not discriminate in the sale, or in the terms and conditions of sale, of any dwelling unit against any person who is or was a lessee or tenant of any such dwelling unit because such person opposed, in any manner, the conversion of such building into a condominium. In a like manner, the applicant or owner shall not discriminate in the sale, or in the terms and conditions of sale, of any dwelling unit against any person or household based upon age or household size, when household size does not exceed the Uniform Housing Code standard which states:

Every dwelling unit shall have at least one room which shall have not less than 150 square feet of floor area. Other habitable rooms, except kitchens, shall have an area of not less than 70 square feet. Where more than two persons occupy a room used for sleeping purposes, the required floor area shall be increased at the rate of 50 square feet for each occupant in excess of two (Uniform Housing Code Section 503(b)).

This anti-discrimination section shall be included in the conditions, covenants, and restrictions for the project. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.5.090). Formerly 23.713.090].

From the date of application for a permit to convert, or until relocation takes place or the application is denied or withdrawn, but in no event for more than two years, no tenant shall be unjustly evicted and no tenant’s rent shall be increased (A) more frequently than once every six months nor (B) in an amount greater than the annual increase in utility costs and insurance costs, plus increased operating costs not to exceed two percent per year. This limitation shall not apply if rent increases are expressly provided for in leases or contracts in existence prior to the filing date of the use permit. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.5.100). Formerly 23.713.100].

The applicant shall provide free of charge to the first individual purchaser of each unit a one-year warranty on each fixed appliance contained in the unit, whether new or used. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.5.110). Formerly 23.713.110].

The following development standards shall apply to all applications for a conditional use permit for condominium conversion and new construction:

A. Gas. Each condominium unit shall have a separate gas service where gas is a necessary utility. If this provision places an unreasonable economic burden on the applicant, the designated approval authority may approve an alternative.

B. Electricity. Each condominium unit shall have a separate electrical service, with separate meters and disconnects, and with ground fault interrupters where ground fault interrupters are required by present building codes.

C. Telephone Company Access. The telephone company serving the location under conversion shall have the right to construct and maintain (place, operate, inspect, repair, replace, and remove) communication facilities as it may from time to time require (including access) in or upon any portion of the common area, including the interior and exterior of the buildings as necessary to maintain communication service within the project. This provision may not be amended or terminated without the consent of the serving telephone company. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.5.120). Formerly 23.713.120].

An approved conditional use permit for condominium conversion, if not used for the purpose for which it was granted, shall lapse three years following the date on which the permit became effective. Since the regulations related to condominium conversions are unique (A) in that measures come into place with the filing of the application for the conditional use permit, (B) in terms of the financial obligations related to eligible tenants, and (C) in terms of rental limitations, the following provision shall apply to conditional use permits for condominium conversions:

A conditional use permit shall be deemed in effect if, within three years from the date of approval, one of the following occurs:

A. A final subdivision map is recorded for all or a portion of the property involved in the conditional use permit; or

B. Pursuant to the approved relocation assistance plan, written evidence has been filed with the director that more than 10 percent of eligible tenants have been relocated. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.5.130). Formerly 23.713.130].

Within three years of the approval of a conditional use permit for a condominium conversion and after the conditional use permit is in effect, the applicant may elect not to pursue the completion of all or part of the approved conversion. Upon the acceptance of a notice of termination by the designated approval authority, along with evidence that all remaining eligible tenants have been notified in writing, the conditional use permit shall be deemed lapsed and void. Acceptance of the notice of termination shall be an administrative authority of the director. Such acceptance shall be by a written notice of acceptance which may be withheld until such time as the director is assured that any required tenant obligations incurred during the preconversion process have been satisfied. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.5.140). Formerly 23.713.140].

This purpose of this chapter is to establish minimum landscape standards to enhance the appearance of developments, reduce heat and glare, control soil erosion, conserve water, ensure the ongoing maintenance of landscape areas, and ensure that landscape installations do not create hazards for motorists or pedestrians. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.6.010)].

A. New Projects. New nonresidential, mixed-use, multifamily residential, and single-family residential subdivisions shall provide landscaping in compliance with the requirements of this chapter.

B. Existing Development.

1. Existing nonresidential, mixed-use, multifamily and/or single-family residential development shall comply with the minimum maintenance provisions of this chapter (RCMC 23.716.060(A) and 23.716.100).

2. Proposed amendments to existing nonresidential, mixed-use, and/or multifamily projects that increase the building square footage by 10 percent or more shall comply with all of the minimum requirements of this chapter as deemed necessary and appropriate by the approval authority through the minor design review approval process.

C. Changes to Existing Site Landscaping. When significant changes are made to required elements of existing site landscaping (e.g., parking lot shade canopy trees, pervious surfaces, buffer areas, landscape screens) of a nonresidential, mixed-use, and/or multifamily residential project, provisions of this chapter apply to the affected area. Minor design review may be required according to Chapter 23.140 RCMC (Minor Design Review).

D. Minor Changes to Standards. As part of the design review (minor or major) process, the designated approval authority may authorize minor deviations from the requirements of this chapter where said changes are determined to achieve the objectives of this chapter.

E. Flexibility. As part of design review, the designated approval authority may modify the standards of this chapter to accommodate alternatives to required landscape materials or methods, where the designated approval authority first determines that the proposed alternative will be equally effective in achieving the purposes of this chapter. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.6.020)].

A. Preliminary Landscape and Irrigation Plan. A preliminary landscape plan and irrigation plan shall be submitted for each application for new development or existing development as identified in RCMC 23.716.020 (Applicability). This plan would conceptually show locations for trees, shrubs, ground cover, etc. Additionally, this would also include a list of tree species and size and the location of any required purple pipe system.

B. Final Landscape and Irrigation Plan. A final landscape and irrigation plan shall be submitted in conjunction with site improvement plans and reviewed and approved by the director prior to issuance of building permits and/or any installation of landscape materials for projects as identified in RCMC 23.716.020 (Applicability). The final landscape planting and irrigation plan shall be prepared by a registered licensed landscape architect. Final plans would show exact locations and irrigation for trees, shrubs, and ground cover. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.6.030)].

Landscaping shall be provided in the following locations for all types of development as listed below and as illustrated in Figure 23.716-1 (Required Landscape Areas), unless the designated approval authority determines that the required landscape is not necessary to fulfill the purposes of this chapter. Nothing in this chapter is intended to discourage landscape areas outside and beyond the minimum requirements listed herein.

A. Setbacks. All setback areas required by this code shall be landscaped in compliance with this chapter except where a required setback is occupied by a sidewalk or driveway.

B. Unused Areas. All areas of a project site not intended for a specific use or purpose in conjunction with a current application, including pad sites being held for future development, shall be landscaped and irrigated.

C. Parking Areas. In parking lots, landscaping shall be used for shade and climate control, to enhance project design, and to screen the visual impact of vehicles and large expanses of pavement consistent with the provisions of this chapter.

Figure 23.716-1: Required Landscape Areas

    Setbacks     Unused Areas     Parking Areas

[Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.6.040)].

A. Landscape Design. Landscaping shall be designed as an integral part of the overall site plan with the purpose of enhancing building design and public views and spaces, and providing buffers, transitions, and screening. At a minimum, the following landscape design provisions shall apply:

1. Planting design shall have focal points at project entries, plaza areas, and other areas of interest using distinct planting and/or landscape features.

2. As appropriate, building and site design shall include the use of pots, vases, wall planters, and/or raised planters, as well as flowering vines both on walls and on arbors.

3. Landscaping shall be designed with pedestrian paths throughout the landscape areas connecting designated on-site pedestrian circulation.

4. Amenities such as seating areas shall be incorporated. Entry plazas, bicycle parking, and transit shelters are allowed within landscape areas. Also see Chapter 23.722 RCMC (Standards for Pedestrian-Oriented Spaces).

5. Landscape design shall meet crime prevention through environmental design principles, including:

a. All trees shall have a minimum clearance under the canopy of six feet at maturity to allow for surveillance to occur throughout the site.

b. Within three feet of walking paths, all shrubbery shall have a height of not more than two feet to eliminate opportunities for criminals to “lie in wait.”

B. Plant Type. Landscape planting shall emphasize drought-tolerant and native species (especially along natural, open space areas), shall complement the architectural design of structures on the site, and shall be suitable for the soil and climatic conditions specific to the site.

1. Planting Layout and Plant Diversity. Plant selection shall vary in type and planting pattern. Informal planting patterns are preferred over uniform and entirely symmetrical planting patterns. Use of flowering trees and colorful plantings is encouraged in conjunction with evergreen species. Groupings of shrubs shall contain multiple plant types, interspersed with varying heights and blooming seasons for year-round interest.

2. Street and Parking Lot Trees. Street and parking lot trees shall be selected from the city’s adopted master list of street trees and parking lot trees. A minimum of 30 percent of the street trees and parking lot trees, respectively, shall be an evergreen species.

3. Trees planted within 10 feet of a street, sidewalk, paved trail, or walkway shall be a deep-rooted species or shall be separated from hardscapes by a root barrier to prevent physical damage to public improvements.

C. Planting Size, Spacing, and Planter Widths. In order to achieve an immediate effect of a landscape installation and to allow sustained growth of planting materials, minimum plant material sizes, plant spacing, and minimum planter widths (inside measurement) are as follows:

1. Trees. The minimum planting size for trees shall be 15-gallon, with 25 percent of all trees on a project site planted at a minimum 24-inch-box size. For commercial, office, community/civic, and industrial development, tree spacing within the perimeter planters along streets and abutting residential property shall be planted no farther apart on center than the mature diameter of the proposed species. Minimum planter widths for trees shall be between five and 10 feet, consistent with the city-adopted master tree list for street trees and parking lot trees.

2. Shrubs. Shrub planting shall be a minimum five-gallon size. The minimum planter width for shrubs is four feet.

3. Ground Cover. Plants used for mass planting may be grown in flats of up to 64 plants or in individual one-gallon containers. Rooted cuttings from flats shall be planted no farther apart than 12 inches on center, and containerized woody, shrub ground cover plantings shall be planted no farther apart than three feet on center in order to achieve full coverage within one year. Minimum planter width for ground cover is two feet, with the exception of sod, which requires a minimum planter width of six feet.

4. Additional Spacing Provisions. Tree spacing shall ensure unobstructed access for vehicles and pedestrians and provide clear vision at intersections. Specifically, tree planting shall comply with the following spacing criteria:

a. Trees or shrubs with a full-grown height equal to or greater than 30 inches shall not be planted in any clear vision triangle.

b. A minimum distance of 15 feet is required between the center of trees and shrubs to streetlight standards and fire hydrants. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.6.050)].

A. Residential Landscape. For single-family and two-family residential zoning districts, at least 25 percent of the lot area shall be pervious surface. Additionally, no more than 40 percent of the front yard area shall be nonpervious surface (e.g., sidewalks, driveway or parking). Driveway pavement shall be five feet from the side property line in order to provide an area of landscaping between adjacent lots. This setback requirement excludes pedestrian walkways from the driveway to the side yard area. Deviations from these standards may be allowed through site plan and architecture review for small-lot single-family developments at the time of master home plan review where these standards cannot be attained due to design. Remaining unpaved portion shall be landscaped, irrigated, and maintained. See Figure 23.716-2 (Nonpervious Surface Limits in Single-Family and Two-Family Residential Zones). Landscaped (pervious) areas shall include a combination of well-maintained ground cover, shrubs, hedges, trees and other pervious landscape materials.

Figure 23.716-2: Nonpervious Surface Limits in Single-Family and Two-Family Residential Zones

Figure 23.716-2a: Nonpervious Surface Limits in Single-Family and Two-Family Residential Zones – Irregular Shaped Lots

B. Project Entry Landscaping. Entries to multitenant projects shall be designed as special statements reflective of the character and scale of the project in order to establish identity for tenants, visitors, and patrons. Flowering access plantings and specimen trees shall be used to reinforce the entry statement.

C. Screening of Drive-Through Aisles. In order to screen vehicles in a drive-through lane and associated headlights from view of abutting street rights-of-way, a five-foot-wide planter between the drive-through aisle and the parking area shall be established. The planter shall include a minimum two-foot-tall (maximum three-foot-tall) landscape barrier planted with trees and other landscaping consistent with those in the parking area. At no time shall this landscape barrier be pruned in a manner that allows the vehicle headlights from the drive-through lane to be visible from abutting street rights-of-way. Plantings shall also be designed to discourage potential safety issues (e.g., persons lying in wait).

D. Service Stations. For service stations, as defined in this code, a minimum of 20 percent of the lot area shall be landscaped. A minimum of 70 percent of the landscaped area shall be covered with live landscaping, such as lawn, ground cover, trees, or shrubs, and not more than 30 percent of the landscape area shall be covered with hard surfaces, such as gravel, landscaping rock, concrete, artificial materials, or other impervious materials.

E. Telecommunication Towers. Where appropriate, facilities shall be installed so as to maintain and enhance existing landscaping on the site, including trees, foliage, and shrubs, whether or not utilized for screening. Additional landscaping shall be planted around the tower and related equipment to buffer abutting residential zoning districts or uses, and to buffer public trails.

F. On-Site Pedestrian Pathways. Pedestrian pathway landscaping shall include shade trees placed so as to cover 60 percent of the total pathway area with tree canopies within 15 years of securing building permit.

G. Public Spaces. Pedestrian space landscaping shall include a combination of shade trees and pedestrian shading devices (e.g., canopies, awnings, and umbrellas) placed so as to cover 60 percent of the total space with a shade canopy within 15 years of securing building permit.

H. Signs. Landscaping shall be provided at the base of the supporting structure equal to twice the area of one face of the sign. For example, 50 square feet of sign area requires 100 square feet of landscaped area (see Chapter 23.743 RCMC (Signs)).

I. Planting and Overhead Utility Lines. In keeping with the purposes of this chapter, the city encourages planting within overhead utility corridors. However, landscape planting near overhead utility lines and abutting utility support structures has the potential of creating a public safety hazard by causing physical damage, disrupting service, and obstructing access. Therefore, within 20 feet of any overhead utility lines, planting restrictions are as follows (see Figure 23.716-3, Planting and Overhead Utility Lines):

1. Tree species at full growth shall not encroach within a 10-foot radial line clearance of all overhead electric utility distribution or transmission lines. Unless ground clearance is greater than 30 feet, mature tree height shall not exceed 20 feet.

2. A minimum 10-foot clearance shall be maintained around all poles and ground structures to ensure necessary fire breaks and unobstructed access.

Figure 23.716-3: Planting and Overhead Utility Lines

J. Water-Efficient Landscape Requirement. Development shall comply with Chapter 22.180 RCMC (Water Use and Conservation) which includes the following:

1. Submittal requirements.

2. Irrigation system design criteria.

3. Plant selection, water use calculation chart, and turf and nonturf requirements and restrictions.

4. Model home landscape criteria.

5. Soil infiltration rates.

6. Relative water requirements of commonly used plants. [Ord. 15-2023 § 3 (Exh. A); Ord. 4-2018 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.6.060)].

A. Parking Areas. 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. Parking areas shall be landscaped as follows:

1. Landscape Materials. Landscape materials shall include a combination of trees, shrubs, and ground cover.

2. Curbing. Areas containing plant materials should be bordered by a concrete curb at least six inches high and six inches wide. Alternative barrier design to protect landscaped areas from damage by vehicles and/or to filter/retain runoff on site may be approved by the designated approval authority. Vehicle overhang: A vehicle is permitted to overhang into a landscaped area by two feet; provided, that the required landscaped area is extended by two feet.

3. Runoff. Parking lot landscaped areas shall be designed to filter/retain runoff.

4. Location of Landscaping. Parking lot landscaping shall be located so that pedestrians are not required to cross unpaved areas to reach building entrances from parked cars. This can be achieved through proper orientation of the landscape fingers and islands and by providing pedestrian access through the landscaped areas that would otherwise block direct pedestrian routes.

B. Parking Lot Screening. Landscaping within the perimeter planter abutting any street right-of-way shall be designed and maintained for partial screening of vehicles to a minimum height of 30 inches, measured from the finished grade of the parking lot. Screening materials may include a combination of plant materials, earthen berms, solid masonry walls, raised planters, or other screening devices authorized by the designated approval authority which meet the intent of this screening requirement. Planting materials shall be designed to ensure that planting within the clear vision triangle at driveway and street intersections will not exceed 30 inches in height at full maturity. See Figure 23.716-4 (Parking Lot Screening).

Figure 23.716-4: Parking Lot Screening

C. Planters, Landscaping. Planters containing live landscaping shall be provided adjacent to and within parking areas in accordance with the following regulations. See Figure 23.716-5 (Planter Requirements).

Figure 23.716-5: Planter Requirements

1. A planter at least five feet wide, excluding curbing, shall be provided adjacent to all street rights-of-way. The planter shall be increased to a minimum of six feet wide when canopy trees are used.

2. Transit shelters are allowed within the landscaping area.

3. Parking lots of five spaces or more shall provide a landscaped island measuring a minimum of eight feet by 16 feet at a ratio of one island for every eight spaces. As a minimum, the islands shall be placed every 10 spaces.

4. Shade Canopy Requirement.

a. Parking lot landscaping shall include shade trees placed so as to cover 50 percent of the total parking area with tree canopies within 15 years of securing building permit, illustrated in Figure 23.716-6 (Parking Lot Shade Requirements). Shade tree selection shall be approved by the director to ensure that shade canopy will be achieved. No portion of the vehicle use area shall be farther than 30 feet from the trunk of a large-type tree.

b. Tree coverage shall be determined by the approximate crown diameter of each tree at 15 years, as estimated on the approved tree list. Trees shall be a minimum 15-gallon size at planting.

Figure 23.716-6: Parking Lot Shade Requirements

Notes:

1. This diagram is intended to reflect the manner in which shade is credited under various conditions.

2. Trees may receive 25 percent, 50 percent, 75 percent, or 100 percent as shown.

3. Shade overlap is not counted twice.

c. Solar canopies or carports can be utilized for purposes of achieving the required 50 percent shade canopy requirement. Use of solar canopies requires approval of a minor design review, unless reviewed in conjunction with a larger project requiring a major design review. The following development standards shall apply:

i. Solar canopies or carports can be installed over interior parking stalls only.

ii. Solar canopies or carports cannot be installed over parking stalls adjacent to the public right-of-way, which includes sidewalks, landscape corridors and/or streets.

iii. Existing property boundary tree canopies shall be retained.

iv. Internal landscape islands shall be planted with landscaping that can grow and thrive with limited direct sunlight.

v.  Internal pedestrian sidewalks and pathways shall be kept free and clear of solar canopies.

5. All landscaping shall be within planters bounded by a curb at least six inches high. No planter shall be smaller than 25 square feet, excluding curbing. Each planter shall include an irrigation system.

6. Existing mature trees on the site shall be preserved whenever possible.

7. All landscaped areas shall be designed so that plant materials are protected from vehicle damage or encroachment.

8. All plant materials shall be maintained free from physical damage or injury arising from lack of water, chemical damage, insects, and diseases. Plant materials showing such damage shall be replaced by the same or similar species. Planting areas shall be kept free from weeds, debris, and undesirable materials which may be detrimental to safety, drainage, or appearance.

9. No more than 25 percent of the planter or landscaped area may be covered with hard surfaces such as gravel, landscaping rock, artificial turf, concrete, or other impervious materials. Bus shelters are excluded from this limitation.

10. Varied tree and plant species shall be used throughout the parking lot. No one species shall comprise more than 75 percent of the plantings within each of the following categories: shade tree, screen tree, shrub. [Ord. 5-2019 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.6.070)].

A. All plant material removed from a project in which the 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 RCMC 23.716.090 (Replanting requirements and replacement fee).

B. 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, director approval is required.

The following information shall be required:

1. A written statement of the health and condition of the trees to be removed by a certified arborist.

2. Reasons for removal.

3. Landscape plan indicating size, quantity, species, and location of the trees to be removed and replaced.

C. Failure to obtain director approval prior to removing an approved tree shall require the owner of the project to replace the removed tree as stated in the replanting requirements in RCMC 23.716.090 (Replanting requirements and replacement fee). [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.6.080)].

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 23.716-1.

[Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.6.090)].

A. Irrigation. All multifamily, nonresidential, and mixed-use development shall have a low-pressure irrigation system in 30 percent of all landscaped areas. Automatic programmable controllers with check valves shall be installed in sloping areas with elevation differences of more than five feet as defined from the toe to the top of slope. Landscape materials with the same watering needs shall be grouped together and irrigated through separate control valves. Irrigation systems shall be designed to avoid runoff, excessive low head drainage, overspray, or other similar conditions where water flows or drifts onto adjacent property, nonirrigated areas, walks, roadways, or structures. The annual maintenance program with seasonal watering schedule shall be laminated and permanently posted in or near the control box on site.

B. Maintenance of Landscaped Areas. All multifamily, single-family, nonresidential, and mixed-use development shall maintain landscape and planting areas throughout the property and in accordance with the following:

1. Planting and landscape areas shall be permanently maintained by watering, clearing debris and litter, removal of weeds and dead vegetation, pruning, insect control, and replacement of plant materials and irrigation equipment as needed to preserve the health and appearance of plant materials.

2. All landscaping shall be maintained in such a manner as to not restrict designated pedestrian access.

3. All trees, shrubs, and plants which, due to accident, damage, disease or other cause, fail to show a healthy growth shall be replaced, in kind, pursuant to the approved landscape plans within 30 days from the identified damage date.

4. Grass must be maintained below eight inches.

5. Bushes, shrubs, hedges and the like shall not project into the street, alleyway or sidewalk.

6. All impervious surface areas located in public view, such as driveways, walkways and pedestrian paths, shall be maintained free of damage, trash and debris, oils and other hazardous materials, and maintained in good condition. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.6.100)].

A. Tree pruning shall be performed by a California landscape contractor. The licensed contractor shall also be certified by the International Society of Arboriculture as a certified tree trimmer or certified arborist or other qualified tree expert. See Chapter 19.12 RCMC (Preservation and Protection of Private Trees) for further tree pruning limitations and processes.

B. Tree Pruning Limitations. Tree pruning is limited to the following:

1. Remove dead wood and diseased, crowded, and weakly attached trunks and branches which create a hazard to private property and citizens.

2. Provide adequate clearance and visibility for safe use of parking stalls, travel ways, and walkways for the passage of persons and vehicles.

3. Remove visibility obstruction of traffic signs.

4. Provide adequate visibility for security patrols.

5. Repair split trees and limbs in order to save the tree and its appearance.

6. Remove or sever roots of trees which are causing damage to public or private property such as curbs, gutters, sidewalk, drainage lines, and parking lot surfaces.

7. Provide visibility for merchant signage and increase parking lot lighting only when the aesthetics of the tree and the parking lot shading requirements will not be reduced.

C. Director Approval Required to Deviate from Tree Pruning Limitations. Tree pruning beyond the limitations listed in subsection (B) of this section requires an administrative use permit (AUP) from the director and potential replacement of landscaping. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.6.110)].

This chapter establishes standards for the amount, location, and development of motor vehicle parking, bicycle parking, and on-site loading areas. The purpose of the standards is to provide for safe vehicular parking, circulation, and loading requirements supportive of a variety of uses in an increasingly pedestrian, bicycle-friendly, and transit-oriented community. [Ord. 1-2022 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.7.010)].

Off-street parking and loading provisions of this chapter shall apply as follows:

A. New Development. For all buildings or structures erected and all uses of land established after the effective date of the ordinance codified in 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 an increase of more than 10 percent in the required number of off-street parking spaces, additional off-street parking shall be provided consistent with Table 23.719-1 (Required Minimum Vehicle Ratios) and required bicycle parking, and the parking lot design shall comply with the requirements of this code.

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 10 percent in the required number of off-street parking spaces. The director or his/her designee shall review the parking requirements of the proposed use and must approve the parking plan before a new business license is issued.

D. Modification to Existing Structures. Whenever an existing building or structure is modified such that it creates an increase of more than 10 percent in the number of off-street parking spaces required, additional off-street parking spaces shall be provided in accordance with the requirements of this chapter. [Ord. 1-2022 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.7.020)].

New parking lots and modifications or expansions to existing parking lots require the following permits:

A. Building Permit. New parking lot design and modifications to existing parking lots in conjunction with a substantial change in use to an existing structure shall be reviewed in conjunction with the building permit and any other land use or development permit required for the project.

B. Zoning Certification. Modification or improvement to an existing parking lot that impacts the parking space layout, configuration, number of stalls, landscape planters, etc., shall require zoning certification as provided in Chapter 23.113 RCMC (Zoning Certification) to authorize the change as consistent with the zoning code.

C. Exempt Activities. Parking lot improvements listed below shall be considered minor in nature in that they do not alter the number or configuration of parking stalls. Such improvements shall be exempt from permit requirements.

1. Repairing any defects in the surface of the parking area, including holes and cracks.

2. Resurfacing, slurry coating, and restriping of a parking area with identical delineation of parking spaces.

3. Repairing or replacing in the same location damaged planters and curbs.

4. Working in landscape areas, including sprinkler line repair, replacement of landscape materials, or refurbishment. [Ord. 1-2022 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.7.030)].

A. If the calculation for parking needs results in the requirement for a fraction of a parking space, the value shall be rounded to the nearest whole number as provided in RCMC 23.107.020 (Rules of interpretation).

B. Seating capacity shall be based upon the actual number of seats or one seat per 18 inches of bench or pew length and one seat per 24 inches of booth length for dining. For other areas where seating is not fixed, the seating capacity shall be determined as indicated by the Uniform Building Code. [Ord. 1-2022 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.7.040)].

A. All vehicular parking areas shall be maintained by the owner of the property, kept free of garbage and debris, and free of damage to asphalt, concrete surface, landscape areas, and curbing.

B. Required off-street parking spaces and parking areas shall be used only for parking operable vehicles of residents, employers, employees, customers, and visitors as appropriate to the allowed uses of the applicable zone.

C. Required off-street parking spaces shall not be used for the storage of vehicles or materials, or for the parking of trucks used in conducting business. Parking spaces not needed to meet minimum requirements may be used for alternative uses subject to the provisions of this title (e.g., temporary use permit, permanent or semi-permanent display of merchandise).

D. No sales, storage, repair work, dismantling, or servicing of any kind shall be permitted in parking spaces without necessary permits for such use.

E. All required off-street parking shall be kept clear of temporary or permanent obstructions.

F. Existing parking shall not be reduced below the requirements of this section.

G. Living, sleeping, or housekeeping in any vehicle, trailer, or vessel is prohibited.

H. For residential tenant and guest parking, the spaces must be marked pursuant to the required minimum standards for tenant and guest parking. [Ord. 1-2022 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.7.060). Formerly 23.719.060].

A. Required off-street parking spaces shall not be located within any required front yard or required street side yard setback of any parcel (see RCMC 23.719.130 (Standards for off-street parking for private residences) for additional allowances and requirements).

B. Parking may not occur within any required clear vision triangle area on a corner lot.

C. Parking spaces shall not preclude direct and free access to stairways, walkways, elevators, any pedestrian accessway, or fire safety equipment. Such access shall be a clear minimum width of 44 inches, no part of which shall be within a parking space. [Ord. 1-2022 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.7.070). Formerly 23.719.070].

A. Minimum Requirements. Minimum vehicle and parking space requirements are listed in Table 23.719-1 (Required Minimum Vehicle Ratios). Where there is more than one parking ratio listed in the table, the greater of the two applies.

B. For the purpose of calculating parking ratios in all districts, the following types of parking are considered outdoor storage and are not considered parking:

1. Fleet vehicle parking.

2. Parking for vehicles that are for sale, lease, or rent.

C. Parking areas that exceed minimum vehicle parking requirements are subject to the following requirements:

1. All projects that exceed the minimum parking requirement by more than 125 percent shall demonstrate how the property can be developed in the future to utilize the additional parking areas for structures, landscaping, plazas, or other active use.

2. The number of vehicle spaces provided shall not exceed 150 percent of the minimum parking ratio.

3. In the downtown district, the number of vehicle parking spaces provided shall not exceed 125 percent of the minimum parking ratio. Where no parking is required, the maximum parking allowance is two spaces.

D. Similar Use. For a use not listed in Table 23.719-1 (Required Minimum Vehicle Ratios), the required vehicle shall be the same as for the most similar use listed, as determined by the director.

E. Compact Car Spaces.

1. Up to 25 percent of the required number of parking spaces may be sized for compact cars.

2. Compact car parking spaces shall be at least eight feet in width and 16 feet in length, and shall be clearly marked “COMPACT CARS ONLY,” “COMPACT,” or “C.”

3. Compact car spaces shall be distributed throughout the parking lot.

4. Where an entire section of the parking lot is restricted to compact parking with an angle of 90 degrees, the aisle width may be reduced from the standard 25 feet to 21 feet. Such compact sections should be located so as to minimize the distance from the parking lot section to the appropriate building or activity.

F. Disabled Parking. All off-street parking areas of multifamily, mixed use, and nonresidential properties must comply with the requirements of the Disabled Access Regulations, California Building Code, Title 24.

G. Tandem parking may be used in apartment and condominium developments.

H. Mechanical or automated parking may be used in apartment and condominium developments.

Notes:

1. See RCMC 23.719.130.

2. Parking may be reduced to one space per unit for residential units for low or moderate income subsidized homeownership units.

3. Additional parking for home occupations is not required to be covered or enclosed and may occur within the front or street-side yard setback on a driveway or other paved surface.

4. On-street parking space adjacent to park property may be credited toward parking requirement.

5. Applies to seating in main or largest assembly area only.

6. Clubhouse calculated as retail and provided in addition to required spaces for golf courses. Additional parking not required for accessory uses (e.g., driving ranges, putting greens, maintenance shops, equipment storage).

7. Parking based on area of active recreation only.

8. Indoor and outdoor merchandise display areas.

9. Calculate associated medical office facilities as medical services, general.

10. If fixed seating is not used, then parking shall be provided at a ratio of one space/30 square feet of floor area in the assembly hall(s).

11. Parking requirements shall be in compliance with Government Code Section 65852.2. No additional parking shall be required for an accessory dwelling unit if: the unit is located within one-half mile of public transit, the unit is located within an architecturally and historically significant district; the unit is part of the existing primary residence or an existing accessory structure; or there is a car share vehicle located within one block of the unit.

12. Office, business and professional shall be allowed up to 200 percent of minimum required parking by right with no additional approvals.

13. Required parking spaces for adjacent uses can be counted towards the required parking for a tasting room as long as the hours of operations for the use do not overlap with the tasting room hours.

14. Manufacturing shall be allowed up to 300 percent of minimum required parking by right with no additional approvals.

15. Personal storage facilities with internally accessed storage units (units not directly accessed from internal drive aisles) shall provide loading zones at each building with number of loading spaces determined during project review.

[Ord. 15-2023 § 3 (Exh. A); Ord. 1-2022 § 3 (Exh. A); Ord. 3-2019 § 5 (Exh. A); Ord. 4-2018 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.7.080). Formerly 23.719.080].

The following are exceptions or reductions to minimum parking requirements that are available:

A. Parking District Waiver. Minimum off-street parking requirements may be waived for properties that have access to public parking facilities. The waiver may be granted by the director.

B. Parking Reduction. Parking may be reduced by the approval authority according to the following provisions. Total parking reductions may not exceed 20 percent of required parking:

1. Reduction for Special Motor Vehicles. Up to five percent of the off-street parking may be provided by smaller parking spaces for special or alternative motor vehicles (e.g., golf carts, motorcycles, motorized scooters).

2. Reduction for Secure Bicycle Parking. Developments which provide additional secure bicycle parking facilities over and above the minimum requirement may reduce their parking requirement by one vehicle space for every two additional bicycle spaces provided.

3. Reduction for Parking Near Major Transit Stops (e.g., light rail stations, BRT stations, or significant bus facilities). Parking requirements may be reduced by 25 percent within one-half mile or 50 percent when within one-quarter mile of a major transit stop.

4. Reduction for Existing Uses to Enable Property Enhancements. Parking requirements for existing nonresidential development may be reduced by up to 10 percent if spaces are replaced with either or both of the following:

a. Landscaping.

b. On-site pedestrian plazas, seating areas, shelters, bicycle racks, and/or walkways.

5. Shower/Locker Facilities. Developments with 100 or more employees may reduce their parking requirement by providing shower and clothing locker facilities for bicycle-commuting employees. Maximum reduction: five percent of required parking.

6. Preferred Carpool/Vanpool Parking Spaces. Office or industrial developments which guarantee preferred parking spaces (e.g., covered, shaded, or near building entrance) to employees who participate regularly in a carpool or vanpool may reduce their parking requirement by one vehicle space for every one space which is marked and reserved for carpools/vanpools at a preferred location. Maximum reduction: five percent of required parking.

C. Joint Vehicle Parking Lot or Structure. Required parking for two or more freestanding uses on adjacent or nearby sites may be satisfied by the use of a joint vehicle parking facility to the extent that it can be shown by the owners or operators that the demand for parking in the joint facility does not materially overlay (e.g., uses primarily of a daytime versus a nighttime or weekday versus weekend nature); and provided, that such right of joint use is evidenced by a deed, lease, contract, or similar written instrument upholding such joint use. In this situation, the size of the joint parking lot shall be at least as large as the number of vehicle parking spaces required by the largest user.

D. Parking in Mixed-Use Projects. In mixed-use projects with residential, office and/or commercial components it is assumed that some parking spaces will be shared due to the difference in peak parking demand and required motor vehicle parking may be reduced according to the following formula:

1. Calculation of the minimum vehicular parking for the portion of the building occupied by the primary is based on 100 percent of the floor area.

2. Calculation of the minimum vehicular parking for the portion of the building occupied by secondary or subsequent uses may be calculated at 80 percent of the floor area.

E. Available parking in public or common parking lots and structures.

F. Additional parking reductions may be permitted as part of an adjustment process. [Ord. 1-2022 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.7.100). Formerly 23.719.090].

A. All vehicular parking spaces shall be on the same lot as the main structure they serve, on an abutting lot, or within 1,000 feet, subject to the following requirements:

1. There is a safe, direct, attractive, lighted, and convenient pedestrian route between the vehicle parking area and the use being served.

2. There is an assurance in the form of deed, lease, contract, or other similar document that the required spaces will continue to be available for off-street parking use according to the required standards.

B. Special Requirement for Parking in Downtown District.

1. Vehicle parking lots shall be located behind or beside buildings on one or both sides.

2. Vehicle parking and maneuvering areas (including any permitted drive-through service lanes) shall not be located between the street and the building facade with the primary entrance.

3. Vehicle parking and maneuvering areas located to the side of a building cannot occupy more than 50 percent of the site’s frontage onto an arterial or collector roadway. When a site has more than one frontage on an arterial or collector roadway, then the vehicle parking lot located to the side of a building may occupy more than 50 percent of the site’s frontage on the secondary street.

4. Vehicle parking and maneuvering areas on corner lots shall not be located adjacent to intersections.

C. Parking Lot Design.

1. Surfacing and Striping. Areas used for parking and maneuvering of vehicles shall be paved with a minimum of two-inch asphalt, concrete, or equivalent surface. All parking areas shall be appropriately striped, marked, and signed.

2. Curb Cuts/Access Points. Street access points shall be the minimum necessary to provide access while not inhibiting the safe circulation and carrying capacity of the street. Curb cuts must comply with city street improvement standards.

3. Driveways/Driveway Approach Width and Grade. The minimum driveway width shall comply with public improvement and fire safety standards.

4. Back-Out Parking. With the exception of duplexes and single-family residences, all parking areas shall be designed so that vehicles are not permitted to back out of the parking area onto a public street.

5. Driveway/Drive Aisle Width. Driveways shall have a minimum paved width of 20 feet for two-way circulation and 14 feet for one-way circulation or according to Table 23.719-2 (Angle Parking Space and Drive Aisle Dimensions), whichever is greater. Driveways shall not occupy a yard setback or buffer except to pass through the yard in order to connect directly to a public street or as necessary for shared driveways and internal access between uses on abutting lots.

6. See RCMC 23.910.030 for drive-in and drive-through sales and services design standards.

7. Turnaround Areas. Parking spaces shall be provided with adequate drive aisles or turnaround areas so that all vehicles may enter the street in a forward manner.

8. Setback Restrictions for Parking Spaces and Drive Aisles. Parking areas including spaces, aisles, and turnaround and maneuvering areas shall not occupy the required setbacks.

9. Connect Parking Lots. Vehicle parking areas shall be designed to connect with vehicle parking areas on adjacent sites to eliminate the necessity of utilizing the public right-of-way for cross movements. Joint or shared access, internal circulation, or parking is encouraged with adjacent uses.

10. Minimum Clearance. Driveways, aisles, turnaround areas, and ramps shall have a minimum vertical clearance of 12 feet for the entire length and width, but such clearance may be reduced in parking structures.

11. Drainage. Adequate drainage shall be provided to dispose of the runoff generated by the impervious surface area of the parking area. Provision shall be made for the on-site collection of drainage waters to eliminate sheet flow of such waters onto sidewalks, public rights-of-way, and abutting private property.

12. Clear Vision Area. See RCMC 23.731.060 (Height measurement) for driveway clearance vision area requirements.

13. Service and Loading Areas. Service and loading areas shall not be located on the frontage of a light rail station or adjacent street.

D. Parking Space Dimensions and Aisle Standards for Surface Parking Lots.

1. All surface parking lots shall be designed in accordance with city standards for stalls and aisles as set forth in Tables 23.719-2 (Angle Parking Space and Drive Aisle Dimensions) and 23.719-3 (Parallel Parking Space and Drive Aisle Dimensions) and Figures 23.719-1 (Angle Parking Space and Drive Aisle Dimensions) and 23.719-2 (Parallel Parking Space and Drive Aisle Dimensions).

Figure 23.719-1: Angle Parking Space and Drive Aisle Dimensions

Figure 23.719-2: Parallel Parking Space and Drive Aisle Dimensions

E. A minimum of 75 percent of vehicle parking stalls shall be of standard size (the remainder may be compact). See RCMC 23.719.070(E) (Compact Car Spaces).

F. Landscaping of Parking Lots. See RCMC 23.716.070 (Parking lot landscape).

G. Pedestrian Circulation/Walkways. Pedestrian circulation/walkways shall be designed to the requirements specified in RCMC 23.722.050 (Standards for on-site pedestrian pathways).

H. Vehicular Overhang.

1. Vehicular overhang is permitted, provided no vehicle shall overhang into a sidewalk which would reduce the unencumbered width of a sidewalk to less than four feet.

2. A vehicle is permitted to overhang into a landscaped area by two feet; provided, that the required landscaped area is extended by two feet.

3. The overhang shall not count as part of the parking space dimension.

I. Lighting of Parking Lot. See Chapter 23.725 RCMC (Outdoor Lighting). [Ord. 1-2022 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.7.110). Formerly 23.719.100].

A. Ground Floor Active Use. For all new multi-level parking structures, a minimum of 50 percent of the total ground floor street frontage, excluding driveway entrances and exits, stairwells, elevators, and centralized payment booths, shall be designed to accommodate commercial, retail, office, or residential floor space.

B. Ground Floor Facades. Blank, flat walls are prohibited on all parking structure facades that face public rights-of-way. The following are acceptable methods to avoid blank, flat walls. One or more of these methods shall be incorporated along the entire facade:

1. Street-facing ground floor active uses (see subsection (A) of this section, Ground Floor Active Use).

2. Ground floor windows, doors, or display areas.

3. A repeating pattern of color change, texture change, and material change, each of which should be integral parts of the structure and not superficially applied trim, graphics, or paint.

4. The use of reveals, projecting ribs, or offsets which should be no less than 12 inches in width. All elements should repeat at intervals of 30 feet or less.

C. Lighting. Metal halide lighting shall be used for all parking structures, with uplighting being the preferred method of lighting. This allows for a more even lighting distribution across the floor and field of vision for users, accurate color rendition, and protection from lighting elements.

D. All parking structures are subject to design review as described in Chapter 23.140 RCMC (Minor Design Review) or Chapter 23.141 RCMC (Major Design Review).

Figure 23.719-3: Parking Structure Design Requirements

[Ord. 1-2022 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.7.120). Formerly 23.719.110].

A. 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 100 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 10 percent of all required motorized vehicle parking. There shall be a minimum of one rack with capacity for two bicycles.

B. Long-Term Bicycle Parking. Buildings with over 10 tenant-occupants (e.g., multifamily tenants, owners, employees) shall provide secure bicycle parking for five percent of required motorized vehicle spaces for employees/residents, with a minimum of one space. Acceptable parking facilities shall be convenient from the street and include one or a combination of the following:

1. Covered, lockable enclosures with permanently anchored racks for bicycles.

2. Lockable bicycle rooms with permanently anchored racks.

3. Lockable, permanently anchored bicycle lockers.

4. In the case of residential development a standard garage is sufficient, if available. [Ord. 1-2022 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A). Formerly 23.719.115].

All developments shall meet the following minimum requirements for bicycle parking and design. The purpose of these design standards is to ensure that bicycle parking is visible from the buildings served, is convenient to cyclists, and provides sufficient security from theft and damage.

A. Minimum Required Bicycle Parking. Minimum required bicycle parking spaces are required as designated in RCMC 23.719.110 (Bicycle parking requirements).

B. Bicycle Parking Location and Access.

1. Use. Areas set aside for required bicycle parking must be clearly reserved for bicycle parking only.

2. Lighting. See RCMC 23.725.060 (General lighting standards).

3. Location.

a. Outdoor bicycle parking should be located within 100 feet, or as close as possible to the primary building entrance, without impeding pedestrian circulation or emergency access.

b. Bicycle parking must be visible from within on-site buildings or the street.

c. Bicycle parking may be located within a building if access is readily available from an outdoor entrance.

d. Bicycle parking is prohibited within 100 feet of a trash or recycling enclosure.

4. Amenities. Bicycle parking areas are encouraged to include a bench and bicycle rack screened with 30- to 36-inch shrubs from any parked cars or arterial streets.

5. Pedestrian Conflicts. Bicycle parking and bicycle racks shall be located to avoid conflicts with pedestrian movement and accessibility requirements.

C. Covered Bicycle Parking Spaces for All Uses. All required employee bicycle parking spaces and 50 percent of all visitor bicycle parking must be sheltered from precipitation by means such as roof extensions, overhangs, awnings, arcades, carports, roofed enclosures, lockers, or indoor bicycle rooms. These may be Class I parking spaces (e.g., bike lockers) or other suitable alternative.

D. Bicycle Parking for Residential Uses. When required, 25 percent of all bicycle parking for residential uses shall be provided as Class I facilities (locker, bike room, etc.).

Figure 23.719-4: Acceptable Covered Bicycle Parking Options (Bicycle Parking Near Entry Door, Freestanding Bicycle Parking Enclosure, and Indoor Bicycle Room)

    Bicycle Parking Near Entry    Freestanding Bicycle Parking Enclosure    Indoor Bicycle Room

E. Bicycle Rack Types and Dimensions.

1. Security. Bicycle parking facilities shall offer security in the form of either a lockable enclosure in which the bicycle can be stored or a rack upon which the bicycle can be locked. Bicycle parking racks, shelters, or lockers must be securely anchored to the ground or to a structure. Bicycle racks must hold bicycles securely by the means of the frame. The frame must be supported so that the bicycle cannot be pushed or fall to one side in a manner that will damage the wheels.

Figure 23.719-5a: Acceptable Bicycle Rack Options

    Bicycle Racks That Support    Bicycle Lockers    Sheltered Parking

    Both Sides of a Bicycle

2. Unique artistic design facilities are encouraged. The racks/facilities should be easily identified as a bike rack.

Figure 23.719-5b: Artistic Bike Rack Design Options

3. Standards. Bicycle parking shall be at least one and one-half feet wide by six feet long for a single bicycle parking space or two and one-half feet wide by six feet long for two paired bicycle racks (as pictured in Figure 23.719-6) and, when covered, provide a minimum vertical clearance of seven feet. An access aisle of at least five feet wide shall be provided and maintained beside or between each row of bicycle parking. Each required bicycle space must be accessible without moving another bicycle. Bicycle parking spaces required by this chapter may not be rented or leased.

Figure 23.719-6: Bicycle Parking Area Design Requirements

F. Paving and surfacing of bicycle parking areas shall be surfaced with hard surfacing of at least two inches minimum (i.e., pavers, asphalt, concrete, or similar material). This surface must be designed to maintain a well-drained condition.

G. Exemptions. The following uses are exempt from bicycle parking requirements:

1. Temporary uses.

2. Agriculture.

3. Mini-storage facilities.

4. Home occupations. [Ord. 1-2022 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.7.130)].

Off-street parking and driveways for detached dwellings, manufactured homes, single-family attached dwellings, and two-unit attached dwellings shall meet the following requirements:

A. Any vehicle, trailer, or vessel which is inoperable or vehicles that are certified as nonoperation or planned nonoperation certified with the Department of Motor Vehicles shall be stored entirely within an enclosed structure, where it is not visible from the street or other public or private property and shall not be parked or stored in any yard within a residential zoning district or neighborhood.

B. Unless specifically permitted by this code, required off-street parking spaces shall not be located within any required front yard or required street side yard setback of any parcel. Required parking must be provided within a fully enclosed garage or carport (see RCMC 23.734.040, Development standards).

C. Parking in excess of the required parking (e.g., driveways) may be provided within the front and street side yard setback, as follows:

1. Vehicle parking (including driveways) within the front yard area or as seen by the public street in residential areas shall be provided on a lasting, durable surface (e.g., concrete, asphalt, or similar material). Permeable paving materials, such as paver stones, pervious concrete, or interlocking grids with gravel, are permitted as an alternative to a standard asphalt or concrete surface. Use of grasscrete, ribbon drive (Hollywood strips) or other acceptable alternatives as determined by the director may be allowed for purposes of a driving surface that leads to a legal parking area outside of the front yard area or as seen by the public street. No parking is allowed on these features within the front yard area or as seen by the public street.

2. Parking areas shall not exceed the maximum impervious surface allowed on a parcel (e.g., impervious surface in front yards is limited to 40 percent coverage).

3. Parking may not occur within any required clear vision triangle area on a corner lot.

D. Each parking space shall be at least eight and one-half feet wide by 18 feet deep.

E. Tandem (end-to-end) parking is allowed to meet the minimum off-street parking requirements.

F. Required parking may be provided in the rear yard only when an alley is available for access.

G. The minimum driveway width is 10 feet. Driveway pavement shall be five feet from the side property line in order to provide an area of landscaping between adjacent lots. Deviations from these standards may be allowed through site plan and architecture review for small-lot single-family developments at the time of master home plan review where these standards cannot be attained due to design. Remaining unpaved portion shall be landscaped, irrigated, and maintained. See Figure 23.716-2 (Nonpervious Surface Limits in Single-Family and Two-Family Residential Zones).

H. The use of structures, temporary canopies, tarps, and other similar types of covering for vehicles is strictly prohibited within the front setback.

I. Commercial vehicles shall not be parked on residential property.

J. Parking of RVs, trailers, and vessels shall conform with the following additional regulations:

1. Parking on a lasting, durable surface (e.g., concrete, asphalt, grasscrete, or permeable paving material) is required.

2. Parking within the clear vision area is prohibited. [Ord. 1-2022 § 3 (Exh. A); Ord. 11-2020 § 3 (Exh. A); Ord. 15-2018 § 4 (Exh. A); Ord. 7-2018 § 3; Ord. 4-2018 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.7.140)].

A. Applicability. The provisions of this chapter shall apply to all major development projects defined as follows:

1. Any commercial, industrial, institutional, or other use which is expected to employ 200 or more persons, as determined by either actual employee projections or equivalent development size.

2. Any existing facility or development which increases its gross floor area and, after such increase, exceeds the minimum equivalent development size.

3. The director may, if projected traffic conditions warrant, apply the provisions of this section to developments smaller than those specified.

B. Exempt Projects. Notwithstanding any other provisions of this code, the following uses and activities shall be specifically exempt from the provisions of this section:

1. Development projects expected to employ fewer than 200 persons.

2. Temporary construction activities on any affected project, including activities performed by engineers, architects, contractors, subcontractors, and construction workers.

C. Equivalent Development Size. For the purpose of this section, the standards listed in Table 23.719-4 (Equivalent Development Size) shall be considered equivalent to the 200-employee threshold.

D. Passenger Loading Areas. Parking areas for major development projects shall designate a passenger loading area or areas for embarking and disembarking passengers from ridesharing vehicles. Such passenger loading areas shall be located at the point(s) of primary pedestrian access from the parking area to the adjacent building(s) and shall be designed in such a manner that vehicles waiting in the loading area do not impede vehicular circulation in the parking area. The passenger loading areas shall be designed as a turn-out as indicated by Figure 23.719-7 and shall be large enough to accommodate the number of waiting vehicles equivalent to one-half percent of the required parking for the project. See Figure 23.719-7 (Passenger Loading Areas).

Figure 23.719-7: Passenger Loading Areas

E. Preferential Parking Spaces for Carpool and Vanpool Vehicles. All major development projects shall reserve and designate at least 10 percent of the employee parking spaces for the project for ridesharing vehicles by marking such spaces “Carpool/Vanpool Only.” The number of preferential parking spaces must be increased above 10 percent of the employee parking as necessary to accommodate all legitimate carpools and vanpools. Such spaces shall be located near the building entrance(s), covered, shaded, or in some other obvious way be determined as preferential. For purposes of this section, the factors listed in Table 23.719-5 (Employee Parking Ratios) shall be used to determine the number of employee parking spaces.

F. Shower and Locker Facilities. All development projects above the minimum development size threshold shall provide shower and locker facilities for use by employees or tenants who commute to the site by bicycle or walking. Such facilities shall be clearly indicated on all development/improvement plans. One shower and eight lockers with minimum dimensions of 12 inches by 18 inches by 36 inches shall be provided for each 200 employees or fraction thereof, based on the equivalent development size data. The shower and locker facilities must be located convenient to one another and should be located near the employee bicycle parking facilities whenever possible. [Ord. 1-2022 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.7.150)].

A. Purpose of Loading Area Requirements. The purpose of these regulations is to provide the number, size, location, and screening requirements for loading areas in mixed-use, commercial, and industrial uses. The intent of these regulations is to minimize disruptions of traffic flow by freight-carrying vehicles blocking the public right-of-way and to minimize impacts to vehicular and pedestrian conflicts.

B. When Loading Regulations Apply. This regulation applies to all nonresidential development in mixed-use commercial and industrial districts, whether or not a permit or other approval is required for the development. Buildings smaller than 8,000 square feet in size are exempt from the requirements of this section.

C. General Loading Area Requirements.

1. The number of required loading spaces is based on the use of the building and the building size minus any residential component square footage.

2. Where two or more uses are located on the same premises, the number of loading area spaces required is the sum of the spaces required for each use.

3. The provision for maintenance of off-street loading facilities is a continuing obligation of the property owner.

4. Loading and maneuvering areas shall be hard-surfaced unless a permeable surface is required to reduce surface runoff, as determined by the director.

5. Parking of passenger vehicles may be allowed in off-street loading areas subject to specific time limits to prevent conflicts with off-street loading activities. If parking is allowed, the parking time limits shall be clearly posted. These parking spaces shall not count toward meeting the general parking requirements.

6. Off-Street Loading Standards.

a. Each required off-street loading space in an industrial area shall have a minimum length of 60 feet, a minimum width of 12 feet, and a minimum vertical clearance of 15 feet inside dimensions. Off-street loading spaces in industrial zones shall also provide a 60-foot maneuvering apron in addition to the minimum length of the loading space. These requirements apply to all off-street loading spaces in industrial zones including at-grade and depressed loading docks.

b. Each required off-street loading space, other than in industrial zones, shall have a minimum length of 30 feet, a minimum width of 12 feet, and a minimum vertical clearance of 14.5 feet inside dimensions. Off-street loading spaces shall also provide a 30-foot maneuvering apron in addition to the minimum length of the loading space. These requirements apply to all off-street loading spaces including at-grade and depressed docks.

7. Loading areas must comply with the setback and perimeter landscaping and screening standards. When parking areas are prohibited or not allowed between a building and a street, loading areas are also not allowed.

Figure 23.719-8: Typical Loading Area

Off-Street Loading Spaces in an Industrial Area

Off-Street Loading Spaces in a Nonindustrial Area

8. For uses not specifically mentioned, the requirements for off-street loading facilities shall be the same as the closest approximate use as determined by the director.

D. Location of Required Loading Facilities.

1. The off-street loading facilities, including the required maneuvering apron, in all cases, shall be on the same lot or parcel of land as the structure they are intended to serve.

2. The off-street loading facilities shall be designed and located so that loading vehicles do not encroach upon required setbacks, driveways, or required parking spaces during maneuvering and loading activities.

3. No loading space, including the required maneuvering apron, shall be located so that a vehicle using such loading space projects into any public street or any adjoining property except in the case of a reciprocal access agreement or similar mechanism.

4. Loading spaces shall be provided with access to an alley when alley access is available.

5. Bays and doors shall be located in a manner that would preclude any possibility for trucks to back into bays from arterial streets. [Ord. 1-2022 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.7.160)].

A. Applicability. The California Green Building Standards Code (CALGreen) requires that new construction and major alterations include adding “EV capable” parking spaces which have electrical panel capacity, a dedicated branch circuit and a raceway to the EV parking spot to support future installation of charging stations. All new construction and qualifying additions or alterations must comply with CALGreen, Title 24, Part 11.

B. Parking Requirements and Location of Electric Vehicle Spaces.

1. As part of the minor and major design review process, the city shall require that parking facilities be provided to accommodate electric or other alternative fuel vehicles.

2. The location of the electrical outlets shall be specified on building plans, and proper installation shall be verified by the building division prior to issuance of a certificate of occupancy.

3. Electric-vehicle-ready charging infrastructure shall be provided in multifamily housing developments and nonresidential developments according to the standards outlined by CALGreen.

4. Electric vehicle charging stations may be provided in any area designed for the parking or loading of vehicles.

5. Where electric vehicle recharging stations are provided, they shall follow the space requirements and development standards outlined in CALGreen.

6. Parking spaces with electric vehicle charging shall be counted as a standard parking space for the purposes of providing required parking per this code.

C. Exemptions.

1. Electric vehicle charging stations shall not apply to temporary parking lots.

2. Other exemptions may be granted by the director, where the director determines that compliance with the requirements of this section is technically infeasible. [Ord. 1-2022 § 3 (Exh. A)].

This chapter establishes provisions for the design and construction of all pedestrian-oriented spaces in Rancho Cordova, including on-site pedestrian pathways and public spaces. The purpose of these standards is to provide for pedestrian-oriented spaces that are safe, comfortable, and usable, provide aesthetic value to the project’s site design, and fully comply with the requirements of the Americans with Disabilities Act and the city-adopted building code. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.8.010)].

Whenever a nonresidential, mixed-use, or multifamily residential project is subject to design review, the requirements of this chapter shall apply. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.8.030). Formerly 23.722.030].

As part of the design review application, the applicant shall submit a pedestrian plan demonstrating compliance with the relevant standards and performance criteria in this chapter. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.8.040). Formerly 23.722.040].

A. Materials. Materials used in pedestrian-oriented spaces shall be attractive, durable, slip-resistant, of high quality, and compatible in color and pattern with a project’s design. Surfaces in pedestrian circulation areas shall be constructed from materials that provide a hard, stable surface and that permit comfortable maneuverability for people of all abilities. Wherever a pathway crosses a drive aisle, loading area, or parking area, the pathway shall be made identifiable by the use of one of the following: elevation changes, changes in paving materials, and/or the use of colors. Such designations are subject to the approval of the council.

B. Lighting. Lighting in pedestrian-oriented spaces shall be consistent with the requirements of Chapter 23.725 RCMC (Outdoor Lighting).

C. Landscaping. Landscaping in pedestrian-oriented spaces shall be consistent with the requirements of Chapter 23.716 RCMC (Landscaping).

D. Electrical Power. To provide adequate power for temporary uses and to ensure proper maintenance, at least two outlets shall be provided for every 2,000 square feet of pedestrian-oriented space.

E. Required Amenities. The following amenities shall be located within all public spaces. Each amenity includes the city-recommended performance standard to ensure the successful design of public space.

1. Seating.

a. Seating should provide a variety of abundant, accessible, comfortable seating options throughout pedestrian-oriented spaces. Specific considerations include:

i. Provide a variety of seating types and configurations.

ii. Accommodate solitary and social activities.

iii. Provide a safe, comfortable seating surface with smooth, even surfaces and curved edges.

iv. Seating types shall conform to crime prevention standards, such as “open seating” that inhibits vandalism and skateboarding. Armrests or other obstructions shall be provided on any public bench that is designed for two or more people to inhibit the ability to sleep on benches.

b. Seating within public spaces should be provided at the ratio of approximately one linear foot per 30 square feet of space.

c. Seating along pedestrian pathways should be provided at the ratio of approximately one linear foot per two linear feet of pathway.

d. The following kinds of seating may be used to meet the requirement: moveable seating, fixed individual seating, fixed benches with and without backs, and seating designed into architectural features (e.g., walls, planter ledges, and seating steps). All spaces shall include at least two kinds of seating. It is recommended that spaces in excess of 5,000 square feet provide at least three kinds of seating and spaces larger than 10,000 square feet include moveable seating as one of the seating types.

e. Seating that faces a wall shall be located at least six feet away from the wall.

f. Seating as part of a tenant space shall not count toward meeting this requirement.

2. Bicycle Racks. Bicycle racks shall be provided based on the development’s anticipated parking demand (see Chapter 23.719 RCMC (Parking and Loading)). Racks shall be located adjacent to or near bicycle pathways and routes and building entrances.

3. Drinking Fountains. It is recommended that one drinking fountain be provided for every 10,000 square feet of pedestrian-oriented space.

4. Trash Receptacles. It is recommended that one trash receptacle be provided for every 1,500 square feet of cafe space up to 6,000 square feet and spaces in excess of 6,000 square feet include an additional receptacle for every 2,000 square feet of space. Spaces that include an outdoor cafe should provide an additional trash receptacle for every 1,500 feet of cafe space. Trash receptacles shall have a capacity of at least 25 gallons and feature top and/or side openings of at least 12 inches. The city recommends that receptacles be located within 50 feet of all seating areas.

F. Additional Amenities. In addition to the required amenities, the following improvements will further enhance public spaces and should be considered in the design of the spaces, particularly those that are greater than 5,000 square feet in size:

1. Amphitheater.

2. Children’s play area. Play equipment shall be designed and constructed to meet the United States Consumer Product Safety Commission standards and best practices, including the installation of protective surfaces and barriers. To allow for the supervision of children, barriers surrounding the play area shall be substantially transparent and not exceed three feet six inches in height.

3. Directional/directory maps.

4. Game tables and associated seating.

5. Food service. Food shall be served from restaurants located in retail spaces adjacent to a space, kiosks, or open space cafes.

6. Moveable tables and chairs. See subsection (E)(1) of this section for requirements.

7. Public art. Public art shall integrate with the project and the space’s design. Art shall not impede public access, circulation, or visual openness within the space or between the space and adjacent public areas.

8. Stage.

9. Transit station.

10. Water features. Water features may include fountains, reflecting pools, and waterfalls. [Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.8.050). Formerly 23.722.050].

A. On-Site Connectivity. The pedestrian paths system shall be designed to provide the pedestrian safe passage throughout the project area. 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.

2. Clear and continuous paths from every primary building entrance to all transit stops and crosswalks directly adjoining the site.

3. A clear and continuous path that connects the main pedestrian access point to the site with the main entrance of the primary use structure on site.

4. Pedestrian pathways from the building to adjacent streets at a ratio of one for each vehicle entrance on site. For example, if there are two driveways into the site, two sidewalk entries that connect to the building’s primary entrance are required. Entrances designed primarily for service and delivery vehicles are not included in this ratio.

5. Drive aisles leading to main entrances with a walking path on at least one side.

B. Connectivity to Adjoining Property. The pedestrian paths system shall be designed to provide the pedestrian safe passage between adjoining properties and shall connect their pedestrian pathways. Adherence to all of the following provisions will create maximum safe connectivity for pedestrians:

1. A clear and continuous path along all adjacent streets that connects the main entrance of the primary use structure on each property.

2. A clear and continuous path along all drive aisles providing access between the properties that connects the main entrance of the primary use structure on each property.

3. Special pedestrian paths/connections between adjoining lots where those uses are compatible.

C. Building Perimeter Pathways. The following dimensional standards shall apply to building perimeter pathways in nonresidential districts:

1. Building perimeter pathways that are a minimum six feet in width.

2. A continuous building perimeter path interconnecting all entrances and exits of a building.

3. If a parking area is proposed along the building facade within 15 feet from a building wall, a building perimeter path must be provided along the full length of the row of parking spaces facing the building.

D. Site Barriers. Where a berm, landscaping, fencing, or another physical barrier creates a site frontage impenetrable to pedestrians and bicyclists, there shall be no less than one point of access to a pedestrian pathway for every 100 feet of street frontage.

E. Parking Areas. The design and construction of pedestrian pathways into and through parking areas shall comply with the following standards:

1. No parking space shall be located farther than 130 feet from a designated pedestrian pathway.

2. 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 said entrance.

F. Standards for Enhanced Pedestrian Pathways. The following minimum standards apply when the enhanced pathway is used:

1. Arcades. If an arcade is provided, it shall be designed and constructed according to the following standards:

Figure 23.722-1: Design Requirements
for Arcades

a. Permitted. An arcade may be designed and constructed in conjunction with a commercial or mixed-use project.

b. Width. The width of an arcade shall extend from a building’s facade to the public right-of-way, the edge of an adjacent public space, or the face of the curb along a private street. The minimum width shall be 12 feet and the maximum width shall be 20 feet. The width shall be divided between two zones, the building zone and the pedestrian zone, in the following manner:

i. The pedestrian zone includes the area adjacent to a public right-of-way, adjacent public space, or face of curb and shall be at minimum eight feet wide. This zone shall be free of all obstructions, except for select amenities, including cafe seating and food service vendors, which extend into the zone from the building zone. In the instance of such obstructions, a continuous four-foot-wide unobstructed pedestrian pathway must be maintained throughout the zone.

ii. The building zone is located between the pedestrian zone and a building’s facade and shall be at maximum 12 feet wide. The zone shall include all required amenities (see RCMC 23.722.040(E)) and may include the following additional amenities: cafe seating, directional/directory maps, food service vendors, and public art (see RCMC 23.722.040(F)).

c. Addressing the Street Frontage and Public Space. Arcades shall be designed to address adjoining street frontages and public spaces in the following ways:

i. When a lot occupies the entire street frontage between two intersections, an arcade shall extend along the lot’s entire frontage or provide unobstructed pedestrian flow along the entire frontage in combination with one or more of the following spaces: a corner arcade, a paseo, a plaza, or an intersecting sidewalk widening.

ii. When a lot occupies less than the entire street frontage between two intersections, an arcade shall contribute to unobstructed pedestrian flow along the entire frontage by aligning with one or more of the following spaces on the lot and adjoining lots: a corner arcade, a paseo, a plaza, or an intersecting sidewalk widening.

iii. An arcade adjacent to a public space shall provide continuous unobstructed pedestrian access to the space, except for structural members, and to one or more of the following public spaces that may be located at one or both ends of the arcade: a corner arcade, a paseo, an intersecting extension of the public space, or an intersecting sidewalk widening.

2. Sidewalks along On-Site Main Streets. On-site main streets shall be designed and constructed according to the following standards:

Figure 23.722-2: Design Requirements for Sidewalks along On-Site Main Streets

a. Permitted. A sidewalk may be designed and constructed in conjunction with a commercial or mixed-use project.

b. Width. The width of a sidewalk shall extend from the face of the curb backwards toward a building’s facade. The minimum width shall be 12 feet and the maximum width shall be 24 feet. The width shall be divided between three zones – the street buffer zone, the building zone, and the pedestrian circulation zone – in the following manner:

i. The street buffer zone includes the area adjacent to the back edge of a sidewalk. To accommodate the planting of street trees and the placements of tree wells, the zone shall be at minimum four feet wide and at maximum eight feet wide. The zone shall include all required amenities (see RCMC 23.722.040(E)) and may include the following additional amenities: cafe seating, directional/directory maps, food service vendors, and public art (see RCMC 23.722.040(F)).

ii. The building zone includes the area adjacent to a building’s facade and shall be at minimum two feet wide and at maximum 12 feet wide. The zone shall include all required amenities (see RCMC 23.722.040(E)) and may include the following additional amenities: cafe seating, directional/directory maps, food service vendors, and public art (see RCMC 23.722.040(F)).

iii. The pedestrian circulation zone is located between the street buffer zone and the building zone, and shall be at minimum six feet wide. This zone shall be free of all obstructions, except for select amenities, including cafe seating and food service vendors, which extend into the zone from the building zone. In the instance of such obstructions, a continuous four-foot-wide unobstructed pedestrian pathway must be maintained throughout the zone.

3. Paseos. Paseos shall be designed and constructed according to the following standards:

Figure 23.722-3: Design Requirements for Paseos

a. Permitted. A paseo may be designed and constructed in conjunction with a commercial or mixed-use project.

b. Width. A paseo shall be at least 20 feet in width.

c. Circulation. A paseo shall contain an unobstructed circulation path at least four feet in width, connecting the two streets on which the paseo fronts.

d. Relationship to Buildings. Where any building wall(s) adjoins a paseo and where such wall(s) exceeds a height of 60 feet for an aggregate length of more than 120 feet, the wall(s) shall be set back from the paseo by a minimum distance of 10 feet. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.8.060). Formerly 23.722.060].

A. Outdoor Gathering Places. Every project shall include one or more outdoor gathering place(s). The size and scale of such areas shall be appropriate to the type and use of each particular development. Appropriate spaces may include building entries, employee break areas, courtyards, pocket parks, plazas, squares, and pedestrian pathways.

B. Public Space Area Requirement. Public space shall occupy at minimum five percent of the gross square footage of new development. All public spaces, including the specific spaces listed in this chapter (arcades, sidewalks adjacent to an on-site main street, and paseos) may count toward meeting this requirement.

C. Sidewalk Frontage. To facilitate access from a public right-of-way or an on-site sidewalk to a public space, the following standards shall be followed:

1. For a public space located adjacent to one street, the area of the space within 15 feet of a public right-of-way or an on-site sidewalk along at least 50 percent of the space’s street frontage shall be free of obstructions, except for those listed below.

2. For corner public spaces, the area within 15 feet of the intersection of two or more streets on which the space fronts shall be at the same elevation as the adjoining sidewalk. In addition, at least 50 percent of each of the space’s frontages shall be free of obstructions, except for those listed below.

3. To be considered free of obstructions, public spaces shall include at least four feet of unobstructed area between obstructions when measured parallel to right-of-way or sidewalk.

4. For obstructed portions of a space’s frontage, no walls or other obstructions, except for those listed in subsection (C)(5) of this section and fixed and moveable seating and tables, shall be higher than two feet above the curb level in front of the space.

5. Trees planted flush to grade, light stanchions, public space signage, trash receptacles, railings for steps, and substantially open fencing around seating areas not exceeding 36 inches in height shall be considered permitted obstructions.

D. Circulation Space. Public spaces shall include one or more unobstructed circulation spaces, connecting all adjacent public rights-of-way, on-site sidewalks, building entrances, and public spaces. These spaces shall be at minimum eight feet wide.

Public spaces shall include one or more unobstructed, continuous circulation spaces of at minimum four feet in width to provide pedestrian access across the spaces and between all adjoining public rights-of-way, on-site sidewalks, primary building entrances, and public spaces.

E. Level of Public Space. To ensure visual surveillance of a public space from the sidewalk and street, the elevation of a public space shall in no location be greater than the average curb level elevation of the nearest adjoining street.

F. Hours of Access. All public spaces shall be accessible to the public at all times, unless the approval authority authorizes a nighttime closing contingent upon the following provisions:

1. A new space may be granted nighttime closing if potentially significant safety issues are documented and submitted as part of an application to authorize the closing.

2. An existing space may be granted nighttime closing if the space has been open for at least one year and significant operational and safety issues have been documented.

3. Nighttime closing of the space is necessary for public safety and/or maintenance within the space.

4. Any approved design element that limits nighttime public access shall not impede public circulation and visual or physical access within the space or between the space and public areas during hours of public operation.

G. Standards for Specific Public Spaces. Building entry spaces, employee break areas, paseos, and plazas shall be designed and constructed to comply with the following standards:

1. Plazas. Plazas shall be designed and constructed according to the following standards:

Figure 23.722-4: Design Requirements for Plazas

a. Permitted. A plaza may be designed and constructed in conjunction with a commercial, mixed-use, or multifamily residential project.

b. Area. It is recommended that a plaza occupy at least 2,000 square feet.

c. Division of Space. It is recommended that plazas be divided into primary and secondary portions in the following manner:

i. Primary Portion of Plaza. The major portion of a plaza is the largest area of the public plaza and the area of primary use. Major portions should be generally regular in shape, easily and directly accessible from adjoining buildings, public spaces, and public rights-of-way, and continuously visible from within all portions of the public plaza and from adjoining public spaces. Major portions should occupy no less than 75 percent of the total public plaza area.

ii. Secondary Portion of a Plaza. Minor portions of plazas are secondary areas that allow for additional flexibility in the shape and configuration of a plaza. Minor portions should not occupy more than 25 percent of the total area of the plaza.

2. Building Entry Spaces. Building entry spaces shall be designed and constructed according to the following standards:

Figure 23.722-5: Design Requirements for Building Entry Spaces

a. Location. A building entry space shall be located adjacent to a building entrance and between the building’s facade and a public right-of-way, a public space, or a sidewalk along a private street.

b. Area. It is recommended that a building entry space occupy at minimum 200 square feet.

c. Width. A primary public entry space shall be at least 10 feet in width and a secondary public entry space shall be at least six feet in width.

d. Access. Primary public entry spaces shall be directly accessed from the sidewalk along a street rather than from a parking lot. Buildings facing public spaces shall have their primary entrances facing the public space. Public access to commercial and governmental buildings shall be provided at sidewalk grade. The primary floor of, and access to, residential structures may be elevated. Secondary access may be provided from off-street parking areas.

e. Obstructions. The area of a building entry space extending from a building’s facade to a sidewalk or public space along the width of the door shall be free of all obstructions.

f. Paving Requirement. A building entry shall consist of at minimum 50 percent decorative paving.

3. Employee Break Areas. Employee break areas shall be designed according to the following standards:

a. Required. Employee break areas shall be included in all projects featuring commercial office or industrial uses.

b. Area. It is recommended that an employee break area occupy at least 200 square feet.

c. Location. An employee break area shall be located adjacent to a pathway connecting the space to a secondary entrance or within a highly visible interior space (e.g., atrium). When an employee break area is located outside of a building, the space shall be separated from parking areas by a walkway, landscaping, a fence, and/or a similar element.

d. Visibility. When an employee break area is located outside of a building, the space shall be visible from at least one public right-of-way. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.8.070). Formerly 23.722.070].

The purpose of this chapter is to regulate lighting to balance the safety and security needs for lighting with the city’s desire to preserve dark skies and to ensure that light trespass and glare have negligible impact on surrounding property (especially residential) and roadways. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.9.010)].

The provisions of this chapter apply to all new and existing land uses, including permanent and temporary uses in all zoning districts. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.9.020)].

Unless otherwise exempt by RCMC 23.725.040 (Exempt lighting), all outdoor lighting fixtures for new multifamily residential, commercial, industrial, mixed-use, and public/quasi-public uses require design review approval by the designated approval authority pursuant to Chapter 23.140 RCMC (Minor Design Review). Such approval shall be granted in conjunction with required land use and development permits for a project. Any retrofit or amendment to existing site and/or building lighting that would have a measurable impact on abutting property or views from street right-of-way as determined by the director shall require minor design review approval. [Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.9.040). Formerly 23.725.040].

The following items shall be exempt from design review requirements:

A. Temporary lights used for holiday decorations. See Chapter 16.18 RCMC (Nuisance Code) for further restrictions.

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. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.9.050). Formerly 23.725.050].

The following types of lighting are prohibited:

A. Neon tubing or band lighting along buildings and/or structures as articulation, except as approved through design review.

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 by the city.

C. Lighting fixtures operated in such a manner as to constitute a hazard or danger to persons or to safe vehicular travel.

D. Roof-mounted lighting except for security purposes.

E. Moving, flashing, or animated lighting.

F. Light poles that obstruct pedestrian traffic. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.9.060). Formerly 23.725.060].

The following standards shall apply to all outdoor lighting:

A. Nuisance Prevention. All outdoor lighting shall be designed, located, installed, directed downward or toward structures, shielded, and maintained in order to prevent glare, light trespass, and light pollution.

B. Maintenance. Fixtures and lighting shall be maintained in good working order and in a manner that serves the original design intent.

C. Shielding. Except as otherwise exempt, all outdoor lighting shall be constructed with full shielding and/or recessed to reduce light trespass to adjoining properties. 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 site.

Figure 23.725-1: Shielding Provisions for Outdoor Lighting

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 standards are as follows:

1. Public, civic and religious buildings are permitted to be fully illuminated.

2. Parking lots, driveways, trash enclosures/areas, public phones, and group mailboxes shall be illuminated with a minimum maintained one foot-candle of light and an average not to exceed four foot-candles of light. The following uses shall provide additional lighting as described below:

a. Convenience stores, card rooms, and check cashing establishments shall provide a minimum level of illumination of one and one-half foot-candles across the parking lot during business hours.

3. Pedestrian walkways shall be illuminated with a minimum maintained one-half foot-candle of light and an average not to exceed two foot-candles of light.

4. Entryways and exterior doors of nonresidential structures shall be illuminated during the hours of darkness, with a minimum maintained one foot-candle of light, measured within a five-foot radius on each side of the door at ground level.

5. In order to minimize light trespass on abutting residential property, illumination measured at the nearest residential structure or rear yard setback line shall not exceed the moon’s potential ambient illumination of one-tenth foot-candle.

E. Maximum Height of Freestanding Outdoor Light Fixtures. The maximum height of freestanding outdoor light fixtures abutting residential development shall be 18 feet. Otherwise, the maximum height for freestanding outdoor light structures shall be 24 feet. Height shall be measured from the finish grade, inclusive of the pedestal, to the top of the fixture.

F. Energy-Efficient Fixtures Required. Outdoor lighting shall utilize energy-efficient (high pressure sodium, metal halide, low pressure sodium, hard-wired compact fluorescent, or other lighting technology that is of equal or greater efficiency) fixtures and lamps. All new outdoor lighting fixtures shall be energy-efficient with a rated average bulb life of not less than 10,000 hours.

G. 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.

H. Signs. Lighting of signs shall be in compliance with Chapter 23.743 RCMC (Signs).

I. Sports Fields/Outdoor Activity Areas. Where playing fields or other special activity areas are to be illuminated, 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. Additionally, the lights shall be turned off within one hour after the end of the event.

J. Telecommunications Towers. Telecommunication towers and related equipment shall be unlit except as provided below:

1. A manually operated or motion-detector-controlled light above the equipment shed door may be provided, except that the light shall remain off except when personnel are present at night; and

2. The minimum tower lighting required under FAA regulation; and

3. Where tower lighting is required, said lighting shall be shielded or directed downward to the greatest extent possible to ensure that such light does not spill over onto abutting properties, especially residential zoning districts or uses.

K. Alternative Designs, Materials, and Installations. The designated approval authority may grant approval of alternatives to this section as part of a design review permit. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.9.070). Formerly 23.725.070].

A. When Required. A preliminary outdoor lighting plan shall be submitted as part of each planning permit application, and a final plan shall be submitted as part of an application for a building permit for a new structure or an addition of 25 percent of the gross floor area, seating capacity, or parking spaces. A final outdoor lighting plan is required for all new outdoor lighting installations on commercial, mixed-use, multi-unit residential, industrial, and institutional properties. The director may request outdoor lighting plans from applicants for other types of projects due to location, size, or proposed use, as necessary.

B. Plan Content. At a minimum, an outdoor lighting plan shall include the following:

1. Manufacturer specifications sheets, cut sheets, and other manufacturer-provided information for all proposed outdoor light fixtures to show fixture diagrams and outdoor light output levels.

2. The proposed location, mounting height, and aiming point of all outdoor lighting fixtures.

3. If building elevations are proposed for illumination, drawings of all relevant building elevations showing the fixtures, the portions of the elevations to be illuminated, the illumination level of the elevations, and the aiming point for any remote light fixture.

4. Photometric data including a computer-generated photometric grid showing foot-candle readings every 10 feet within the property or site and 10 feet beyond the property lines. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.9.080). Formerly 23.725.080].

The purpose of this chapter is to regulate permanent and temporary outdoor display, sales, and storage 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. 4-2018 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.10.010)].

The following outdoor activities shall be subject to the permit requirements listed herein:

A. Permanent Outdoor Display and Sales. Permanent outdoor display and sales are permitted (consistent with the allowed use provisions of the underlying zoning district), subject to zoning certification, 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 an incidental use to a principal use in all zoning designations, except for agricultural and residential zoning districts. If not part of the original development permit for the principal use, permanent outdoor storage may be permitted subject to a zoning certification, when consistent with the development standards of this chapter. A storage yard as a primary use may be permitted subject to a minor design review, when consistent with the development standards of this chapter.

C. Temporary Outdoor Storage, Display, and Sales. A temporary use permit is required for all temporary outdoor storage, displays, and sales, unless otherwise specified in Chapter 23.922 RCMC (Temporary Uses). Such uses shall be consistent with the development standards of this chapter and shall also be consistent with the standards for temporary uses (Chapter 23.922 RCMC, Temporary Uses). [Ord. 3-2019 § 5 (Exh. A); Ord. 4-2018 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.10.020)].

A. General Development Standards for All Activities. The following development standards apply to all outdoor display, sales, and storage activities:

1. Location. Outdoor display, sales, and storage activities shall not be located within any public right-of-way (unless an encroachment permit has been issued), in required parking spaces or within designed vehicle drive aisles, or within required landscape planter areas. Outdoor display, sales, and storage activities may also not disrupt or impede required pedestrian circulation paths as required by Chapter 23.722 RCMC (Standards for Pedestrian-Oriented Spaces) or the building code.

2. Hours of Operation. Except as otherwise provided, hours of operation for outdoor display, sales, and storage activities shall be consistent for the hours of operation for the corresponding primary use.

3. Noise. Any noise generated by the outdoor display, sales, or storage activity shall be consistent with the city’s noise ordinance (Chapter 6.68 RCMC, Noise Control).

4. Signs. No additional business identification or advertising signs for the outdoor display, sales, or storage activity may be permitted above the maximum allowable sign area for the corresponding primary use, except when the outdoor activity is the primary use, as determined by the director (e.g., Christmas tree lot).

5. Maintenance. Outdoor activity areas shall be kept free of garbage and other debris.

B. Standards for Outdoor Display and Sales. The following development standards shall apply to all permanent and temporary outdoor display and sales activities:

1. Associated with the Primary Use. All outdoor display and sales activities shall be associated with the primary use of 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 (e.g., seasonal sales as a temporary use requiring a temporary use permit).

2. Maximum Area. Unless otherwise approved in conjunction with development permits, the area used for permanent outdoor display and sales of materials shall not exceed 10 percent of the gross floor area of the corresponding commercial building. The following uses and activities are specifically exempt from this requirement, provided all other development standards are satisfied:

a. Vehicle and equipment sales and rentals (e.g., automobile, boat, RV, construction equipment, etc.), provided storage and display is limited to vehicles offered for sale or rental only.

3. Time Limit for Temporary Activities. See the provisions of Chapter 23.922 RCMC (Temporary Uses) for duration and permit requirements for temporary promotional sales.

C. Standards for Outdoor Storage. The following development standards shall apply to all permanent and temporary outdoor storage activities:

1. Location. Outdoor storage may not be located within any required front or street side yard for the underlying zoning district within which the activity is located.

a. Outdoor storage yards may be located within 500 feet of residential uses if the storage area is designed in a manner that cannot be seen from any portion of the residential use, including multi-story buildings. This can be achieved by utilizing a combination of solid screening materials, mature or fast-growing landscaping and building placement. Compliance will be verified through a zoning certification for existing development or a design review for new developments.

2. Height Limitation. The height of stacked materials and goods shall be no greater than that of any building, wall, fence, or gate enclosing the storage area. For additional height limitations for recycling and junk tire facilities, see RCMC 23.916.020 (Junk tire facility). For additional height limitations for automotive dismantling, see RCMC 23.913.020 (Automobile dismantling).

3. Screening. Screening of outdoor storage shall be consistent with RCMC 23.731.080(A)(7) (Outdoor Equipment, Storage, and Work Areas).

4. Cargo Shipping Containers. Cargo shipping containers may be utilized for outdoor storage of goods and materials in all zoning districts, except agricultural and residential zoning districts, and subject to the development standards of this chapter. [Ord. 1-2020 § 3 (Exh. A); Ord. 4-2018 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.10.030)].

The purpose of this chapter is to regulate the height and location of fences, walls, and screening to provide light, air, and privacy without obstructing views, to establish buffers between certain land uses, and to safeguard against visual obstructions at street intersections and/or driveway locations. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.11.010)].

Unless otherwise exempt in RCMC 23.731.030 (Exemptions), a zoning certification shall be required for new fences and walls. Residential fences, up to seven feet in height, are allowed by right. Fences over seven feet in height require an administrative use permit. [Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.11.030). Formerly 23.731.030].

The following fences and walls shall be exempt from RCMC 23.731.020; however, a building permit may be required.

A. Retaining Walls. Retaining walls less than 36 inches in height.

B. Residential Fences. Fences less than seven feet in height located on residential property (privacy fences) constructed in compliance with the standards of RCMC 23.731.040 (Height limits and locations).

C. Required Fences. These regulations do not apply to fences and walls required by a state or federal agency, or by the city for public safety. Sound walls required for noise attenuation must adhere to the provisions of RCMC 23.731.080(A) and (G) (Screening, Sound Walls). [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.11.040). Formerly 23.731.040].

Each fence, wall, and screen shall comply with height limits and locations shown in Table 23.731-1 (Maximum Height of Fences, Walls, and Screening in Required Yard Area). [Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.11.050). Formerly 23.731.050].

A. Fences, walls, and screening are not required between land uses unless otherwise specified in this chapter.

B. Fences, walls, and screening must be located outside of any public utility easement, except as authorized by the applicable utility agency.

Notes:

1. Maximum height for fences may be increased by designated approval authority as part of design review; provided, that the portion of the fence above seven feet is at least 50 percent transparent.

2. The height of the front yard fence may be increased to five feet when the fence is located a minimum setback of three feet from the property line and remains visually open and transparent (e.g., picket fence, open wood slats, open wrought iron). Fences that are three feet or less may be located at the property line.

3. For fences over three feet in height, the minimum setback of three feet from the property line is required. Fences that are three feet or less may be located at the property line.

[Ord. 4-2024 § 3 (Exh. A); Ord. 5-2019 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B)].

A. Fence height shall be measured as the vertical distance between the finished grade at the base of the fence and the top edge of the fence material. Grade may not be modified in order to increase fence height.

B. Fences Located on Top of a Retaining Wall. If a fence is located on top of a retaining wall, the maximum height of the retaining wall shall be six feet in height and the maximum height of the fence shall be seven feet in height measured from the highest finished grade. If the retaining wall exceeds six feet in height, the fence shall be separated from the retaining wall by a horizontal distance of at least three feet with required landscaping. If the fence exceeds seven feet in height measured from the highest finished grade, the fence shall be separated from the retaining wall by a horizontal distance of at least three feet with landscaping.

C. Where the elevation of the finished grade within six feet of the base of the fence differs from one side of the fence to the other (as when a fence is placed at the top of a slope or on a retaining wall), the height shall be measured from the side with the highest natural grade.

Figure 23.731-1: Residential Fence Limitations

[Ord. 11-2020 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.11.060)].

The following fence materials are prohibited in all zones unless approved by the designated approval authority for security needs or required by the city or state or federal law or regulation or as specified below:

A. Barbed wire or electrified fence.

B. Razor or concertina wire in conjunction with a fence or wall, or by itself.

C. Chain link fencing may be used internally for commercial and industrial zoned properties if it cannot be seen from adjacent residentially zoned properties or the public right-of-way. [Ord. 1-2020 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.11.070)].

This section establishes screening standards and special provisions for walls and fencing. This applies to all walls and fences unless otherwise specified (e.g., South Sunrise special planning area).

A. Screening.

1. Screening between Different Land Uses. The city encourages the integration and connection of compatible uses. To that end, contiguous barriers in the form of solid fences and walls should only be used between land uses when residential uses are located next to nonresidential uses or when necessary as determined by the designated approval authority. This requirement is not intended to preclude the development of pedestrian/bicycle access points between commercial and residential zones. When used, the screening shall meet the following standards (see Figure 23.731-2, Screening between Different Land Uses):

a. The screen shall consist of a solid decorative wall of masonry or similar durable material or, in lieu of decorative masonry, the wall shall be covered with plant materials (e.g., ivy) or shall be blocked from view by landscape materials. The wall shall be a minimum of six feet in height, and shall comply with the height limitations listed in RCMC 23.731.040 (Height limits and locations).

b. The decorative wall shall be architecturally treated on both sides and is subject to approval by the designated approval authority.

c. Openings in the wall or pedestrian connections may be required at the discretion of the designated approval authority.

d. A landscaping strip with a minimum width of five feet shall be installed adjacent to a screening wall, except that a minimum of six feet of landscaping (with trees) shall be provided between a parking lot and a screening wall.

e. The designated approval authority may waive or approve a substitute for the requirements above if it is determined that:

i. The relationship of the proposed uses makes screening unnecessary or undesirable;

ii. The intent of this section is successfully met by alternative screening methods; and/or

iii. Physical characteristics and/or constraints on the site make required screening infeasible or unnecessary.

Figure 23.731-2: Screening between Different Land Uses

2. Screening of Mechanical Equipment. Mechanical equipment shall be screened as follows:

a. All exterior mechanical equipment shall be screened from view on all sides.

b. Screening on top of the equipment may be required by the designated approval authority if necessary to protect views from a neighboring residential zone.

3. Screening of Roof-Mounted Equipment. Roof-mounted mechanical equipment shall be screened in compliance with the following standards (see Figure 23.731-3, Screening of Roof-Mounted Equipment):

Figure 23.731-3: Screening of Roof-Mounted Equipment

a. Screening materials may be solid concrete, wood, or other opaque material and shall effectively screen the mechanical equipment so that it is not visible from a public street.

b. The method of screening shall be architecturally compatible with other on-site development in terms of colors, materials, and architectural styles.

4. Screening of Ground-Mounted Antennas. Ground-mounted antennas shall be screened with a fence, wall, or dense landscaping so that the antenna is not visible from the public right-of-way and to minimize the visual impact on abutting properties. Building-mounted antennas shall be screened as follows:

a. Wall-mounted equipment shall be flush-mounted and painted or finished to match to building with concealed cables.

b. Roof-mounted equipment shall be screened from view of public rights-of-way by locating the antenna below the roofline, parapet wall, or other roof screen and by locating the antenna as far away as physically feasible and aesthetically desirable from the edge of the building.

c. Color. Antennas shall have subdued colors and nonreflective materials which blend with the materials and colors of the surrounding area or building.

5. Screening of Commercial Loading Docks and Refuse Areas. Loading docks and refuse storage areas shall be screened from public view and adjoining public streets and rights-of-way and residentially zoned areas. The method of screening shall be architecturally compatible with other on-site development in terms of colors, materials, and architectural style. Exceptions may be permitted through design review for sites with unique characteristics (e.g., shallow lot depth, adjacency to single-family residential). All dumpsters shall be locked when not in use.

6. Screening of Residential Trash Enclosures/Recycle Containers. Residential trash receptacles (including recycling and green waste containers) shall not be stored within a required front or street side yard and shall be screened from view of the public right-of-way by a solid fence not less than four feet in height. Preexisting setback exceptions may be approved by approval authority. Exceptions to fence height standards may be granted by the designated approval authority to ensure proper placement and screening of trash receptacles. See Figure 23.731-4 (Screening of Trash Enclosures/Recycling Containers).

Figure 23.731-4: Screening of Trash Enclosures/Recycling Containers

7. Outdoor Equipment, Storage, and Work Areas. Outdoor storage areas for materials other than plants shall be enclosed and screened from view from the public right-of-way and abutting property by a solid fence or wall a minimum of six feet in height. All gates provided for ingress and egress in any required fence or wall shall be at least six feet in height and shall be of view-obstructing construction.

8. Screening for Special Uses. The following uses shall be screened for abutting properties and the public right-of-way as provided below:

a. Automobile Dismantling. Outdoor storage areas for automobile dismantling uses shall be screened from public view by a minimum six-foot-tall masonry wall. The maximum allowed height of the wall shall be 14 feet. Materials and goods stored in the yard area may not be stacked above the height of the enclosing wall. Those portions of walls fronting onto public rights-of-way shall be buffered by a minimum 10-foot-wide landscape area that includes ground cover and evergreen trees planted 30 feet on center. The wall shall be covered with either graffiti-resistant paint or coating or with vines or other landscaping. The design of the landscaping (e.g., irrigation, planting) shall be consistent with the standards of Chapter 23.716 RCMC (Landscaping).

b. Junk Tire Facility. Junk tires shall be stored behind a visual screen fence no higher than eight feet tall and shall not be stacked higher than the height of such fence. Fences shall be required between a licensed junk yard facility and any adjoining parcel which has a more restrictive land use zoning designation.

c. Potable Water Storage Facility. Potable water storage facilities shall be enclosed by a six-foot-tall solid masonry wall and buffered from the public right-of-way by a minimum 10-foot-wide landscape planter that includes ground cover and evergreen trees planted 30 feet on center. The masonry wall shall be covered in either graffiti-resistant paint or coating or with vines or other landscaping. The design of the landscaping (e.g., irrigation, planting) shall be consistent with the standards of Chapter 23.716 RCMC (Landscaping).

d. Service Stations. Service stations shall be screened from abutting residential zoning districts and uses by a solid six-foot masonry wall along the property line between the service station and the abutting property, except that within the first 25 feet from the street right-of-way line said wall shall not exceed two and one-half feet in height.

B. Retaining Walls. An embankment to be retained that is over 48 inches in height shall be benched so at the low side no individual retaining wall exceeds a height of 36 inches above the finished grade and each bench has a minimum depth of 36 inches. Wood shall not be used for a retaining wall over two feet in height. The director may approve retaining walls up to eight feet in height to accommodate topographic change and variation.

C. Swimming Pools, Spas, and Similar Features. Swimming pools/spas and other similar water features shall be fenced in compliance with city-adopted building code requirements.

D. Temporary Fencing. Temporary fencing may be required by the designated approval authority where necessary to protect trees or other sensitive features and the general public from construction activities during site preparation and construction.

E. Temporary Security Fencing. Temporary security fencing (including chain link) with a maximum height of six feet may be installed around the property lines of vacant property with approval from the designated approval authority. The vacant property shall be maintained in a condition free from weeds and litter.

F. Open Space and Trails. Fences adjacent to open space and trail areas shall be constructed and maintained as open view fencing and shall not be chain link.

G. Sound Walls. Whenever sound walls are required to mitigate sound impacts adjacent to streets, the following standards shall apply. These standards shall not preclude the use of other innovative methods of project design utilizing greater setbacks, building design, mounding, or single-story structures with solid walls facing the street.

1. Setbacks. Walls shall be set back a sufficient distance from the ultimate public street right-of-way in accordance with noise attenuation and landscaping. The area between the right-of-way and the wall shall include a public sidewalk and landscaping, including canopy street trees.

2. Height. Maximum height of a wall shall not exceed six feet above the finished grade at the base of the wall on the roadway side.

3. Earth Mounds. When the sound and visual attenuation requires a wall exceeding six feet above the grade of the adjacent roadway, earth mounds shall be used such that no more than six feet of the wall is visible from the roadway. The mounds shall not exceed a three-to-one slope. The mounds may support the wall or be placed against the wall on the street side. Drainage shall be contained so there is no sheet flow of water onto the sidewalk where the slope exceeds six to one.

4. Type of Wall. Walls shall be constructed of graffiti-resistant solid brick or masonry material that requires minimum maintenance and provides the required sound and visual attenuation.

H. Agricultural Fencing. All fences which enclose livestock shall be designed, constructed, and maintained so as to control and contain such livestock at all times and so as to prevent such livestock from reaching across any property lines and damaging adjacent property.

I. Electric Fencing. The construction and use of electric fencing shall be allowed in the city only as provided in this subsection, subject to the following standards:

1. Location. Electric fences are allowed by right in the M-2 (Heavy Industrial) zone so long as the property on which the fence is to be installed is surrounded, on all sides, by M-2 zoned property. Electric fences are allowed in the M-1 (Light Industrial) zone or M-2 zone when bordered by another zoning district upon issuance of an administrative use permit as defined and regulated in Chapter 23.125 RCMC (Administrative Use Permits).

Electric fences are only allowed around nonresidential outdoor storage areas or contractor’s equipment or storage yard. No electric fence shall be permitted, installed, or used unless it is completely surrounded by a nonelectric fence or wall that is at least six feet in height.

2. Height. Electric fences may have a maximum height of 10 feet.

3. Spacing between Fences. The space between an electric fence and perimeter wall or fence may not exceed 12 inches and shall be kept clean and free of litter, debris, and vegetation.

4. Aesthetics. Electric fences shall be installed as to be as minimally intrusive as possible. Fences should utilize horizontal electrified wires and minimal vertical support beams.

In making the findings for an administrative use permit when one is required, the director will determine that the proposed electric fence is not detrimental to the aesthetics and continued viability of the surrounding properties. As such, electric fences are likely not compatible if proposed immediately adjacent to an existing retail, restaurant, or other heavily trafficked commercial area unless substantial camouflaging or other design efforts are undertaken to completely shield the electric fence from view.

5. Electrification. The energizer for electric fences must be driven by a commercial storage battery not to exceed 12 volts DC.

The electric charge produced by the fence upon contact shall not exceed the energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of International Electrotechnical Commission (IEC) Standard 60335-2-76.

The fence must also comply with all applicable local and state regulations including being issued a permit by the building department.

6. Warning Signs. Electric fences shall be clearly identified with warning signs that read, at minimum, “Danger – Electric Fence” at an interval of not less than 60 feet and at least one sign per side of the area to be fenced.

7. Electric fences equipped with monitored alarm systems may require an alarm permit issued by the Rancho Cordova police department. [Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 18-2012 § 3 (Exh. A); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.11.080)].

A. Maintenance. Fences, walls, and landscape screening shall be continuously maintained in an orderly and good condition, at no more than their maximum allowed height.

B. Graffiti Resistance. Each fence or wall adjacent to a public right-of-way in any zoning district shall be provided with a permanently maintained graffiti-resistant coating (a painted wood fence meets this requirement, since it can be repainted). [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.11.090)].

This chapter defines detached accessory structures on residential properties and establishes development standards for nonexempt structures. The purpose of this chapter is to promote a positive aesthetic relationship between accessory structures and primary structures on a property, in addition to allowing a positive community impact through the reduction of impacts to light, air quality, drainage, or aesthetics on surrounding properties. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.12.010)].

The regulations and standards contained in this chapter shall apply only to those uses expressly identified in the corresponding section and shall be in addition to any other development standards and regulations contained elsewhere within this zoning code (e.g., lighting, landscaping, parking). These uses may only be located in those zoning districts as described in, and shall only be authorized in concert with the permit requirements of, Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards). Additions and attached structures to primary structures shall comply with RCMC 23.704.030. Specifically, this chapter covers those accessory uses within the residential uses land use category. Additional provisions related to accessory dwelling units are provided in RCMC 23.901.060, which may be attached or detached to the residential structure. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.12.020)].

Except as otherwise exempt below, the majority of accessory structures governed by this chapter shall go through a simple plan check (zoning certification) at the time a building permit is issued to ensure compliance with applicable regulations. The following structures shall be exempt from the requirements of this chapter as specified below and are subject to compliance with all other provisions of this title:

A. Enclosed and/or solid-roofed accessory structures that are smaller than 120 square feet in size with no portion of the structure equal to or greater than eight feet in height. Structures shall not be located in a required front yard. Accessory structures shall be set back a minimum of three feet from side and rear property lines with a minimum six-foot separation between structures.

B. Landscape features and play equipment that are smaller than 120 square feet in size with no portion of the structure equal to or greater than eight feet in height. Landscape features that exceed 120 square feet in size and greater than eight feet in height shall meet the accessory structure standards and setbacks. Landscape features shall be set back a minimum of three feet from all interior property lines with a minimum six-foot separation between structures.

1. Landscape features shall be constructed with finished building materials e.g., wood, steel, wrought iron, brick, natural stone, or other forms of material acceptable to the approving authority. [Ord. 3-2019 § 5 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.12.030)].

Shipping containers, railroad containers, vehicles, and other similar container devices are not considered a residential accessory structure and are specifically titled as a nuisance in the city’s Nuisance Code (RCMC 16.18.401(A), nuisance generally). A temporary use permit is allowed for pod containers as provided in RCMC 23.922.030(A)(4). [Ord. 4-2017 § 3 (Exh. B)].

A. Development standards in this section are intended to supplement the standards in the underlying base zoning district for accessory structures. In the event of conflict between these standards and the underlying base zoning district regulations, the provisions of this section shall apply. In the event of conflict between these standards and the overlay zoning district regulations of Article 3 of this title, the overlay zoning district regulations shall apply.

B. Accessory structures greater than 120 square feet in size shall not be allowed in residential zoned R-10, RD-15, RD-20, RD-25, RD-30, MDR, HDR, and RMH.

C. Accessory structures must be constructed in conjunction with or subsequent to construction of the primary building(s) on the site.

D. The appropriate approval authority may apply additional conditions to a use permit relative, but not limited, to dwelling size, location, access, and height, if special circumstances arise requiring such mitigation of anticipated adverse impacts to neighboring residences. [Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.12.050). Formerly 23.734.050].

A. Accessory structures less than 120 square feet shall be constructed of appropriate materials and colors of the residential neighborhood. Premanufactured kits that require assembly are exempt from this requirement.

B. Accessory structures 120 square feet and over shall be architecturally compatible (e.g., similar in materials, colors, architectural details, façade treatments, etc.) and constructed of appropriate materials and colors of the residential neighborhood. Walls that are longer than 15 feet in length shall include doors, window, or architecture features that break up the wall. [Ord. 5-2025 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B)].

A. Proposed structures must meet the development standards outlined in Table 23.734-1 (Development Standards for Accessory Structures); also see Figure 23.734-1 (Development Standards for Accessory Structures). Unless otherwise described in the table, all accessory structures must meet the setbacks in the General Accessory Structure category.

B. Lots less than one-half acre in size: the total square footage of all accessory structures on a single parcel, except swimming pools, shall not exceed 30 percent of the habitable floor area of the primary residential dwelling on the same parcel. Landscape features are exempt from the total square footage of accessory structures.

C. Lots one-half acre and greater in size: The total square footage of all accessory structures on a single parcel, except swimming pools, shall not exceed 50 percent of the habitable floor area of the primary residential dwelling on the same parcel. Landscape features are exempt from the total square footage of accessory structures.

D. Not more than 30 percent of the required rear yard shall be occupied by all permitted structures. Landscape features are exempt from the 30 percent calculation.

E. Accessory structures and swimming pools, spas, and pool equipment shall not be located within recorded public utility easement or public easement.

Front Yard

F. On all lots, the accessory structures shall not be placed in front of the living area of the principal building.

G. Swimming pools, spas, and pool equipment may not be located within the required front yard.

Street Side Setback/Corner Lots

H. The minimum setback distance shall be consistent with the primary structure underlying zoning district.

I. Swimming pools, spas, and pool equipment may not be located within the required street side yard.

Height of Accessory Structures

J. Maximum structure height is 16 feet as indicated in Table 23.310-2 (Residential Zoning Districts Development Standards).

Building Separation

K. Detached accessory structures shall not be located closer than six feet from any structure.

L. Any accessory structure located less than six feet from a primary building shall be considered attached to (and part of) the primary building (RCMC 23.704.030(D)).

M. Swimming pools and spas shall not be located closer than three feet from the principal building and detached structure. The building official may approve setbacks of less than three feet with submitted structured engineered plans.

Figure 23.734-1: Development Standards for Accessory Structures

[Ord. 5-2025 § 3 (Exh. A); Ord. 15-2023 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B)].

The purpose of this chapter is to provide performance standards for all permanent and temporary land uses within the city relative to noise, odor, and vibration. The intent is to provide compatibility between neighboring land uses by minimizing various potential operational impacts. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.13.010)].

The standards of this chapter apply to all new and existing land uses within the city, unless otherwise exempted. Existing uses shall not be modified in conflict with the provisions of this chapter. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.13.020)].

All uses shall comply with the noise standards set forth in the city’s General Plan and the city’s noise ordinance (Chapter 6.68 RCMC, Noise Control). [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.13.030)].

A. Odor. No obnoxious odors or fumes shall be emitted that are perceptible without instruments by a reasonable person at the property line of the site.

B. Particulate Matter and Air Contaminants. The operation of facilities shall not directly or indirectly discharge air contaminants into the atmosphere, including smoke, sulfur compounds, dust, soot, carbon, noxious acids, gases, mist, odors, or particulate matter, or other air contaminants or combinations which exceed any local, state, or federal air quality standards or which might be obnoxious or offensive to anyone residing or conducting business either on site or abutting the subject site. Particulate matter shall not be discharged into the atmosphere in excess of the standards of the federal Environmental Protection Agency, the California Air Resources Board, or the Sacramento metropolitan air quality management district. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.13.040)].

Uses that generate vibrations that may be considered a nuisance or hazard on any adjacent property shall be cushioned or isolated to prevent generation of vibrations. Uses shall be operated in compliance with the following provisions:

A. Uses shall not generate ground vibration that is perceptible without instruments by the average person at any point along or beyond the property line of the parcel containing the activities.

B. Uses, activities, and processes shall not generate vibrations that cause discomfort or annoyance to reasonable persons of normal sensitivity or which endanger the comfort, repose, health, or peace of residents whose properties abut the property lines of the subject parcel.

C. Uses shall not generate ground vibration that interferes with the operations of equipment and facilities of adjoining parcels.

D. Vibrations from temporary construction/demolition and vehicles that leave the subject parcel (e.g., trucks, trains, and aircraft) are exempt from the provisions of this section. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.13.050)].

The purpose of this chapter is to provide uniform standards and regulations for the undergrounding of all utilities serving the public and to identify the requirements for public water and sewer service. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.14.010)].

A. Underground Utilities.

1. New Developments. In new development areas (e.g., greenfield) of the city, all utilities, including but not limited to electrical (60 kilovolts or less), telephone, cable television, and similar distribution lines, shall be installed underground. The council may grant exceptions for new rural residential or estate residential projects as part of the proposed development application.

2. Existing Developments. In existing areas of the city where utilities (e.g., electrical, telephone, cable television) have not been undergrounded, the following rules shall apply:

a. When feasible, for an existing development that is being comprehensively redeveloped or where additional building square footage totaling 25 percent or more of the existing gross floor area is being added, all utility lines on the project site and having the capacity to serve the project (e.g., connecting to the buildings on site) shall be undergrounded. “Comprehensively redeveloped” shall mean any instance where a demolition permit has or would be issued for a minimum of 50 percent of the existing building area.

b. For development with less than 500 feet of public frontage or where utilities are located within a dedicated public utility easement, the project proponent may elect to pay an in-lieu fee as established by council resolution, provided the project has been designed to the satisfaction of the public works director such that the project can be easily improved at such time as the utilities are undergrounded.

B. Public Utilities Required. As stated in RCMC 22.24.630 (Water and sewer requirements), all lots in the city are required to have public water and sewer service. Exempted from this requirement are lots zoned agricultural (AG-80, AG-20), rural residential (RR), or estate residential (ER), except that estate residential lots are encouraged to have public water and sewer if the service is immediately available to the individual lot or in proximity to a new estate residential development/ subdivision. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.14.020)].

This chapter establishes regulations for signs within the city for the purposes of safeguarding and protecting the public health, safety, and welfare through appropriate prohibitions, regulations, and controls on the design, location, and maintenance of signs. The city recognizes that signs have the potential to enhance the overall character and quality of the built environment and do provide for economic benefit from real property within the city. However, the city also recognizes the inherent public interest in regulating the time, place, and manner in which signs, both commercial and noncommercial in nature, display their message. Such interest is based on a desire to enhance traffic safety in the community by ensuring that signage does not distract motorists or obstruct or otherwise impede traffic circulation, and a desire to ensure aesthetic, architectural, and cosmetic compatibility with the surrounding community by limiting visual clutter of the streetscape, such as through the regulation of oversized signs and excessive temporary signs.

The standards of this chapter apply to signs in all zoning districts. Only signs authorized by this chapter shall be allowed. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2014 § 3 (Exh. C); Ord. 16-2012 § 3 (Exh. A); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.15.010)].

A. Enforcement. The director is authorized and directed to administer the provisions of this chapter. The neighborhood services director is authorized and directed to enforce the provisions of this chapter.

B. Interpretations. All interpretations of this chapter are to be made with consideration to the city’s message neutrality and message substitution policies. When a particular type of sign is proposed in a permit application and is not, within this chapter, expressly identified as either an exempted, prohibited, or allowed sign type, the director shall approve, conditionally approve, or disapprove the application based on the most similar sign type that is expressly regulated by this chapter.

C. Message Neutrality. It is the city’s policy and intent to regulate both commercial and noncommercial signs in a viewpoint-neutral or content-neutral manner.

D. Message Substitution. Subject to the property owner’s consent, the message on any type of existing sign may be substituted with a noncommercial message, in whole or in part, without consideration of message content; provided, that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech or favoring of any particular noncommercial message over any other noncommercial message. In addition, any on-site commercial message may be substituted, in whole or in part, for any other on-site commercial message; provided, that the sign structure or mounting device is legal without consideration of message content. This provision does not create a right to increase the total amount of signage on a parcel, lot, or land use; does not affect the requirement that a sign structure or mounting device be properly permitted; does not allow a change in the physical structure of a sign or its mounting device; and does not allow the substitution of an off-site commercial message in place of an on-site commercial message or a noncommercial message.

E. Off-Site/On-Site Distinction. In this chapter, the distinction between on-site (or on-premises or point-of-sale) and off-site (or off-premises or nonpoint-of-sale) applies only to commercial speech messages.

F. Discretionary Approvals. Whenever any zoning certification, variance, conditional use permit, unified sign program or special planning area approval, or other sign-related decision is made, such determination shall be based only on the noncommunicative aspects of the sign, such as size, height, orientation, location, setback, illumination, spacing, scale, and mass of the structure. Graphic design may be evaluated only for a unified sign program and then only as applicable to commercial message signs.

G. Mixed-Use Zones/Developments. As described in RCMC 23.743.060 (Allowed permanent on-site sign standards), on-site signs are regulated by development type, rather than by zoning district. However, when multiple use types are present within one development (e.g., commercial and office, office and industrial), the development standards for signs applicable to that site shall be those applicable to the majority of uses in the development. For instance, if the predominant use in a development is commercial, then sign(s) for any other use type located with that same development shall also be governed by those same regulations (e.g., an office use in a commercial development shall be held to the standards for commercial developments). Additionally, the following rules shall apply:

1. Commercial uses on the ground floor of a multi-story building where nonretail uses (e.g., office, residential) are located above the retail, regardless of the zoning district of predominant use, shall solely be regulated by the commercial sign standards.

2. Office uses above the first floor of a multi-story building where the ground floor uses are predominantly commercial in character shall be solely regulated by the office sign standards for building-attached signs.

3. Residential uses in any configuration in a mixed-use development shall be solely regulated by the applicable exempt signs and home occupation sign standards.

H. Owner Consent. No sign may be placed on private property without the consent of the property owner or persons holding the present right of possession and control.

I. Illegal Signs. A sign shall be considered an illegal sign when it does not conform to the provisions and standards of this chapter, zoning certification has not been approved, and it is not otherwise determined to be a nonconforming sign as provided in RCMC 23.743.140 (Nonconforming and abandoned signs). Illegal signs may be abated by the city. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2014 § 3 (Exh. C); Ord. 16-2012 § 3 (Exh. A); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.15.020)].

A. Zoning Certification Required. To ensure compliance with the regulations of this chapter and except as otherwise exempted, no person shall erect, move, alter, replace, or maintain any sign in the city of Rancho Cordova without first obtaining zoning certification from the designated approval authority as established in Chapter 23.113 RCMC (Zoning Certification). Zoning certification shall not be required for the maintenance of an existing sign, such as repainting, which does not result in a change or alteration in the size, shape, illumination, or text of said sign.

B. Temporary Sign Permit Required. A temporary sign permit shall be required prior to establishment of any new temporary sign as required by this chapter.

C. Administrative Use Permit (AUP) Required for Electronic Changeable Copy Signs, Electronic Graphic Display Signs and Video Display Signs as Defined by This Chapter. An AUP shall be required prior to issuance of a building permit (and corresponding zoning certification) for any new electronic message signs, regardless of the type of application (wall sign, monument sign, etc.). Development standards are provided for this sign type in RCMC 23.743.065 (Standards for electronic message signs). The applicant must satisfy the conditions of approval established through the AUP process prior to and/or in conjunction with the subsequent administrative issuance of the sign permit. Digital freeway signs utilizing electronic messaging technology may only be approved subject to a conditional use permit and are subject to the standards and permit requirements in RCMC 23.743.150 (Digital freeway signs overlay).

D. Unified Sign Program.

1. Purpose. The purpose of the unified sign program is to adopt unique and specific design and development standards for multitenant and mixed-use developments. The intent is to integrate a project’s signs with the design of the structures to achieve a unified architectural statement. A unified sign program provides a means for defining common sign regulations for multitenant projects, to encourage maximum incentive and latitude in the design and display of multiple signs, and to achieve, not circumvent, the intent of this chapter.

2. Applicability. A unified sign program shall be required for:

a. All new integrated developments.

b. All new multitenant shopping centers, office parks, and other multitenant or mixed-use developments of three or more separate tenants/uses that share either the same parcel or structure and use common access and parking facilities.

c. All redesign, remodel, or redevelopment of existing uses identified in this subsection (D)(2) where more than 50 percent of the building square footage or 50 percent of the building facade would be modified if not already covered by a unified sign program.

d. Any commercial development within the special sign corridor proposing a unified sign program as allowed in RCMC 23.743.120(C)(2).

3. Approval of a Unified Sign Program. The designated approval authority for unified sign programs, and amendments or revisions thereto, shall be as identified in Chapter 23.119 RCMC (Unified Sign Program). The unified sign program shall be reviewed concurrently with the project’s design review. If signs will not impact the overall design of the project, the director may waive the concurrent review and require the unified sign program as a condition of approval of the design review. This requirement may also be waived on a case-by-case basis for minor pad-building remodel projects.

4. Standards. The unified sign program shall include criteria for building-attached and freestanding signs for tenants, anchors, and the overall development itself to establish consistency of sign type, location, logo and/or letter height, lines of copy, illumination, and construction details of signs for the project. All signs within the development shall be consistent with the unified sign program as the adopted program for signs within the development. The message substitution policy of this chapter shall be deemed incorporated in every sign program, even if the sign program documents do not explicitly so state. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2014 § 3 (Exh. C); Ord. 16-2012 § 3 (Exh. A); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.15.040). Formerly 23.743.040].

A. Exempt Signs. The following sign types are exempt from the permit requirements of this chapter and title but still must satisfy any and all other applicable permit requirements (e.g., building, electrical, plumbing, grading, encroachment). Any exception to the limitations for exempt signs listed herein shall require a variance pursuant to Chapter 23.143 RCMC (Variance). However, consideration of the variance request shall not evaluate the message or graphic design of a sign.

1. Exempt Signs without Limitations. The following signs are exempt from zoning certification and city review:

a. All devices which are excluded from the definition of a sign.

b. Approved highway directional signs.

c. Railroad signal signs.

d. Signs prohibiting trespassing and hunting.

e. Warning signs required by law or erected by public agencies.

f. Utility company signs identifying cables, conduits, danger, and so forth.

g. Public notices and announcements authorized by courts and public officials, including neighborhood watch signs (e.g., governmental/civic signs).

h. Signs on buses, light rail, or other mass transit vehicles and taxis.

i. Signs on vehicles (except where defined as “vehicle signs (large)” by this chapter) and vessels, including license plates, license plate frames, registration insignia, noncommercial messages, messages relating to the business for which the vehicle or vessel is an instrument or tool (not including general advertising), and messages relating to the proposed sale, lease, or exchange of the vehicle or vessel.

j. Signs located entirely within a building or other enclosed structure and not visible from the exterior, or located at least five feet from the window, provided the building or enclosed structure is otherwise legal.

k. Signs erected out of doors within courtyards and mall spaces (below the height of enclosed buildings) within the buildable portion of the lot where signs are not visible from a public street or adjacent parcel.

l. Signs on shopping carts, golf carts, and horse-drawn carriages.

m. Name plates and incidental signs.

n. Vending machines which do not display off-site commercial messages.

o. Graphic images which are only visible from above, such as those visible only from airplanes or helicopters.

p. On residential uses, holiday and cultural observance decorations that are displayed for not more than 45 calendar days per year (cumulative, per parcel or use) and that do not include commercial advertising messages.

q. Change of copy that does not alter the size, location, or illumination of a sign (see RCMC 23.743.020(D), Message Substitution) (e.g., face change).

r. Official notification signs of name and address information for property owner and/or caretaker of multifamily housing as required by law.

2. Exempt Signs with Limitations. The following signs are exempt from zoning clearance; provided, that they meet the size, height, duration, and/or maximum number limitations listed:

a. Freestanding Street Address Identification Signs. Freestanding signs which only indicate the street address of the property on which the sign is located; provided, that the sign does not exceed an area of four square feet and is located with a setback of at least five feet with a height no greater than 30 inches.

b. Window signs limited to painted signs on glazing, poster paper signs, and place cards attached to the inside of glazing of store fronts; provided, that no more than 25 percent of the store front window area, calculated using the measurements of the store front in its entirety, is covered. In the case of convenience stores and other similar retail establishments, views from the public right-of-way to the cash register area shall not be impeded by window signs or merchandise. The intent is to provide visibility of the sales counter for increased public safety.

c. Flags, on a permanent pole with a permanent foundation, provided they meet the following standards. The minimum setback from the public right-of-way for all poles is 10 feet.

i. Agricultural and Residential Zones and Uses. There shall be no limit on the number of flags or the number or height of poles.

ii. All Other Zones. A maximum of two poles. The maximum allowed height of each pole is 25 feet.

d. Temporary construction signs provided there are no more than two signs per site, not individually exceeding 24 square feet in area, set back at least 10 feet from the public right-of-way, not to exceed 10 feet in height, and not illuminated. Signs may be attached to a building, provided they do not exceed the roofline or parapet wall of the building. Signs must be stationary and must be removed at the time of the final inspection for occupancy.

e. Political, religious, and civic campaign signs, not exceeding 32 square feet in size. Such signs shall be located on private property (with owner’s consent) and set back a minimum of 10 feet from the public right-of-way. Such signs are authorized in any zone for a period not to exceed 90 days provided such signs are removed within 10 days following the conclusion of the campaign.

f. Electronic time and temperature signs as part of an on-site advertising sign are permitted as regulated by development standards contained in RCMC 23.743.065, Standards for electronic message signs.

g. On-Site Directional Signs. Exit, entrance, or other on-site traffic directional signs are permitted. When located within a required front yard or street side yard area, the maximum height of any directional sign shall be 30 inches and the maximum size shall be four square feet. No advertising or message other than for traffic directions shall be displayed and such signs shall be subject to review and enforcement authority. The use of iconic signage as part of on-site directional signs is highly encouraged and may be required as part of a unified sign program. For village centers, local town centers, regional town centers, and other special developments and districts, it may be appropriate to design directional signs with the height and appearance similar to a city street sign.

h. Community interest group signs (e.g., fraternal, benevolent, social services, and religious organizations) displaying a noncommercial message, such as time and place/location of meetings, provided said signs are combined onto a common sign structure, the overall area of which does not exceed 100 square feet, and the area devoted to any one organization does not exceed 20 square feet. Such signs may be located off site of where the activity takes place; however, no more than four locations for such signs will be permitted within the city. Such signs must be set back a minimum of 25 feet from the public right-of-way in residential districts and 10 feet in nonresidential and mixed-use districts and must be located a minimum of 75 feet from any other freestanding sign.

i. Menu/Order Board Signs. A maximum of two menu/order board signs shall be permitted for each drive-in or drive-through establishment; provided, that each sign does not exceed a maximum of 40 square feet in sign area and each sign be limited in height to eight feet. Menu/order board signs do not count toward the total allowed signage for the establishment as described in Table 23.743-1 (Allowed Permanent On-Site Sign Standards).

j. New Business Signs. Newly established businesses and businesses under new ownership may rely upon temporary signage for the initial 60 days during which the business is first opened or initial 60 days of new ownership without need of a temporary use permit. Types, sizes, and locations of all such temporary signs allowed for new businesses shall be those identified in RCMC 23.743.070 (Allowed temporary on-site sign standards). Following the initial 60-day period, the business must convert to permanent signage of the types and sizes allowed by the code or must have been issued a temporary use permit for the continued use of the temporary signs in the time frames allowed. The initial 60-day period does not contribute to the time allowances established by the temporary use permit. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2014 § 3 (Exh. C). Formerly 23.743.045].

The signs listed in this section are inconsistent with the purposes and standards of this chapter as described below and as such are prohibited in all zoning districts, unless specifically authorized by another provision of this chapter:

A. Moving or rotating signs, except barber poles at barbershops.

B. Signs with flashing, moving, or animated illumination (e.g., flashing signs), except barber poles at barbershops and electronic readerboards. Sign content must remain static and not change message or appearance and may only change message or appearance after a minimum period of 60 minutes.

C. Any sign displaying any obscene matter.

D. Signs located within the clear vision triangle as defined by Improvement Standard 4-18, Visibility Restrictions at Driveways and Intersections, and any future updates thereto.

E. Signs which imitate or resemble official traffic warning devices or signs, that by color, location, content, or lighting may confuse or disorient vehicular or pedestrian traffic, excluding on-site directional signs as specified in RCMC 23.743.040 (Sign exemptions).

F. Portable signs (e.g., A-frame sign), except for real estate signs as provided in RCMC 23.743.085 (Real estate sign standards) or as permitted as a temporary sign with a temporary use permit as provided in RCMC 23.743.070 (Allowed temporary on-site sign standards).

G. Temporary signs, except when a valid temporary use permit has been issued or as otherwise exempted in RCMC 23.743.030 (Permit requirements for signs).

H. Inflatable or lighter-than-air devices (e.g., balloon sign) of any kind when attached or secured from the ground or to any object on the ground, except for residential real estate as part of zoning certification and under the standards of RCMC 23.743.085 (Real estate sign standards) or except when a valid temporary use permit has been issued as provided for in RCMC 23.743.070 (Allowed temporary on-site sign standards).

I. Portable readerboard advertising devices which are readerboard signs affixed with wheels so as to make them moveable signs.

J. Signs projecting over roofs and roof signs, except where specifically provided for under the provisions of signs attached to buildings.

K. Signs projecting from buildings, except where provided for in a special sign district ordinance or otherwise specifically provided for.

L. Banners, except when allowed through a temporary use permit or a grand opening event as described in RCMC 23.743.070 (Allowed temporary on-site sign standards).

M. Pennant flags and string pennant flags.

N. Wind signs.

O. Vehicle signs (large) as defined in this chapter.

P. Video display signs, except as provided for in RCMC 23.743.065 (Standards for electronic message signs).

Q. Reserved.

R. Digital freeway signs, except as provided for in RCMC 23.743.150 (Digital freeway signs overlay).

S. Electronic message and graphic display signs, except as provided for in RCMC 23.743.065 (Standards for electronic message signs).

T. Signs with fluctuating illumination, including any changes in light intensity or use of intermittent, strobe, or moving light that does not fall under the definition of another sign type (e.g., video display sign), unless approved under RCMC 23.743.065.

U. Any other advertising device attached to a building, fence, pole, or vehicle on display not specifically mentioned, unless otherwise provided for in this code.

V. Any sign in the public right-of-way unless otherwise permitted in this code or by the public works director (e.g., encroachment permit).

W. Signs on portions of a structure exempted from the height requirements as described in RCMC 23.701.040 (Height exceptions) when said features exceed the height limit of the underlying zone.

X. Pylon signs.

Y. Pole signs except for signs as described in RCMC 23.743.040(A)(2)(g) (on-site directional signs) and (A)(2)(i) (menu/order board signs). [Ord. 15-2023 § 3 (Exh. A); Ord. 4-2018 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2014 § 3 (Exh. C); Ord. 16-2012 § 3 (Exh. A); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.15.050)].

Table 23.743-1 (Allowed Permanent On-Site Sign Standards) lists the development standards for all on-site permanent signs. These regulations are based on use type, rather than by zoning district, except as otherwise described herein. Only those signs that are permitted are listed. As provided in RCMC 23.743.030(A), all signs require zoning clearance prior to construction/installation, unless otherwise exempted. The purpose of these regulations is to regulate permanent signs that have a commercial message so that they comply and are consistent with the intent of this chapter. Regulations for temporary signs are listed in RCMC 23.743.070 (Allowed temporary on-site sign standards). Regulations for off-site signs are listed in RCMC 23.743.080 (Allowed off-site sign standards). General development, maintenance, and removal provisions for on-site signs are listed in RCMC 23.743.090 (General development, maintenance, and removal provisions for all sign types).

The following rules apply to permanent signs regulated by this section:

A. Collective Sign Area. The total sign area allowed herein for each sign type may be distributed among the maximum number of signs permitted for that sign type. For example, the total allowed area for wall signs for a particular establishment may be distributed amongst the maximum number of wall signs allowed for that same establishment.

B. Sign Area Allowance. Allowable sign area is either a set square footage per establishment or is based on a ratio of sign area to primary building frontage. It is calculated as described in RCMC 23.743.090 (General development, maintenance, and removal provisions for all sign types). Where a ratio is described, it applies up to the listed maximum sign area.

C. Building Frontage for Multiple-Story Office Buildings. For multi-story office buildings, the maximum sign area for building-attached signs is based on the primary building frontage of the building, not of the tenants. The total area allowed may be distributed among the tenants at the owner’s discretion.

Notes:

1. Within median island, sign must be set back three feet from sides and 12 feet from ends.

2. Excludes the gas pricing component of the subject sign, which is regulated by state law.

3. Maximum total sign area may be exceeded with the approval of a unified sign program. Signage may also be permitted to exceed the total signage allowance based on primary site or building frontage by 25 percent with the approval of a unified sign program.

[Ord. 15-2023 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2014 § 3 (Exh. C); Ord. 16-2012 § 3 (Exh. A); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.15.060)].

A. Applicability. Permit requirements for electronic message signs are established in RCMC 23.743.030(C). Provisions of this section apply to the following sign types as defined in this chapter:

1. Video display signs.

2. Electronic graphic display signs.

3. Time and temperature signs.

B. Development Standards. The following provisions apply to electronic message signs:

1. Signs are permitted in any zoning district and must be located a minimum distance of 100 feet from an abutting residential district boundary.

2. An electronic sign(s) is limited to a maximum of 32 square feet per site and shall be included as part of the total sign area allowances established by Table 23.743-1.

3. Sign must be located on the site of the use identified or advertised by the sign.

4. Audio speaker or any form of pyrotechnics are prohibited in association with any electronic message signs.

5. Illumination levels shall be regulated such that the illumination is appropriate to the time of day through the use of such means as light meters and programmed illumination regulation or LEDs that are designed to limit the spread of light. Dimmer controls that are automatically responsive to surrounding light levels are highly encouraged.

6. Time and Temperature Signs. A time and/or temperature sign does not count toward the otherwise applicable limits as to number and size of signs for the property on which it is located, provided:

a. Maximum Area and Height. The sign shall have a maximum area of 36 square feet and shall comply with the height requirements established in Table 23.743-1 (Allowed Permanent On-Site Sign Standards) for the type of sign (building/freestanding) to which it is attached.

b. Design. The sign shall be designed in a manner that is architecturally compatible with other signs and with the structure on which it is placed.

7. Signs are not permitted as fixed attachments to or as part of the building facade unless they are not visible in the public right-of-way. Temporary projection onto a building facade is permitted and does not violate this code. [Ord. 4-2018 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2014 § 3 (Exh. C); Ord. 16-2012 § 3 (Exh. A); Ord. 12-2011 § 3 (Exh. A)].

This section describes standards for temporary on-site signs. All temporary signs require a temporary sign permit prior to their establishment. Temporary commercial signs may include, but are not limited to, signs for special product, sale, or event advertising. All temporary signs must comply with the standards listed in Table 23.743-2 (Allowed Temporary On-Site Sign Standards) and are subject to the following:

A. Time Duration. Permitted for a period not to exceed 60 days. No more than two temporary use permits for temporary signs shall be issued for the same property per calendar year.

B. Sign Area. The allowable combined square footage of all temporary signage on a single property shall not exceed 200 square feet.

C. Illumination. Temporary signs may not be internally illuminated. Any external illumination of temporary signage shall comply with RCMC 23.743.090(D).

D. 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.

E. Prohibited Signs. No prohibited signs identified in RCMC 23.743.050 (Prohibited signs) shall be permitted as a temporary sign.

Notes:

1. Must be located outside of the clear vision triangle.

2. Must comply with standards in RCMC 23.743.100(A).

[Ord. 4-2017 § 3 (Exh. B); Ord. 12-2014 § 3 (Exh. C); Ord. 16-2012 § 3 (Exh. A); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.15.070)].

New off-site commercial signage is prohibited within the city except as permitted in this section and RCMC 23.743.150 (Digital freeway signs overlay). Existing off-site commercial signs (e.g., billboards) not permitted pursuant to subsection (A) of this section or RCMC 23.743.150 (Digital freeway signs overlay) are considered nonconforming signs as regulated by RCMC 23.743.140 (Nonconforming and abandoned signs). However, consistent with state law, the city does permit off-site subdivision directional signs as regulated in RCMC 23.743.085 (Real estate sign standards). Off-site signs shall be regulated as follows:

A. Billboard Relocation. Off-site signs which meet the eligibility criteria outlined below may be relocated from one location to another location, subject to issuance of a conditional use permit from the council. Billboard relocations that include the use of a digital display area(s) must meet the permit requirements and development standards identified in RCMC 23.743.150 (Digital freeway signs overlay) in addition to the eligibility criteria outlined below.

1. Eligibility Criteria for Existing Signs and Site Locations.

a. Existing sign has been documented by the applicant/owner to have been lawfully erected and maintained.

b. Site has not been acquired by any public agency necessitating sign removal.

c. Existing sign owner and/or property owner has not been notified by the city that the sign must be amortized because it is presently located in an agricultural or residential zone.

d. The proposed sign location is within an industrial zone.

2. Development Standards for Relocated Signs. Relocated billboard signs shall comply with the following standards:

a. Area. The maximum area allowed shall be 720 square feet.

b. Length. The maximum length allowed shall be 50 feet.

c. Location. Each off-site sign shall be located not less than 300 feet from any other off-site sign nor closer than 75 feet from any on-site freestanding sign. No off-site sign shall be located within 200 feet of a parcel located within any agricultural or residential zone nor shall any such off-site sign be located more than 1,000 feet from a parcel lawfully used for commercial or industrial purposes. Each off-site sign shall be so located that the part of the sign closest to the street right-of-way shall be not less than 50 feet from the right-of-way. An off-site sign may be permitted with a setback the same as the building on the parcel but not less than 25 feet.

d. Height. The maximum height shall be 30 feet.

e. Measurement of the Spacing of Off-Site Signs Regulated by This Section.

i. When measuring the separation of signs or uses along a public street, the location of each sign shall be projected at right angles to the center line of the street and distance measured along the street center line between the two points projected thereto.

ii. When measuring distance between signs located on parcels located at intersecting streets, the sign location is to be projected at right angles to the street center line and the distance is measured on the center line of the two streets between the two projected points. Only one off-site sign shall be permitted per corner parcel.

iii. Any measurement from a sign to another land use zone shall be by straight line measurements from the closest point of the sign to the zoning boundary.

f. Aesthetics.

i. The sign will not require removal or substantial trimming of existing vegetation or landscaping.

ii. The sign will not obstruct or obscure on-site signs on the same or adjacent properties.

g. Traffic Safety.

i. The sign will not be a visibility hazard to traffic on adjacent streets or parking areas.

ii. The sign will not reduce parking availability as required by this title.

iii. The sign will not interfere with on-site vehicular circulation.

h. Compatibility. The sign will not have substantial detrimental effects on views from and light striking adjacent or surrounding properties.

3. Proposed Sign and Site Location Guidelines for Relocated Signs within Automotive and Industrial Areas. The following guidelines are not mandatory but should be considered by the designated approval authority during public hearings on conditional use permit applications for relocated signs:

a. All relocated off-site signs should be freestanding and should be built with a single supporting post, if at all possible, and should be located on no more than two supporting posts.

b. Signs should not be relocated into any special sign district.

c. Double-paneled signs should not have an interior angle between the face of the panels greater than 20 degrees. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2014 § 3 (Exh. C); Ord. 16-2012 § 3 (Exh. A); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.15.080)].

This section describes the standards for on- and off-site limited-term signs associated with real estate sales activities.

A. Allowed on-site real estate signs are exempt from permit, subject to the following limitations:

1. Not more than one on-site for sale sign and one for lease sign is permitted per property frontage, and shall only be displayed for the period while the unit, building, or property is being marketed for sale or lease and ending 30 days after it is sold or leased.

2. The size of all on-site nonresidential real estate signs is limited to a maximum of 10 feet in height and an area of 32 square feet and shall be set back a minimum of three feet from the right-of-way (window signs are exempt from setback requirement) and shall not obstruct the corner visibility requirements of Improvement Standard 4-18, Visibility Restrictions at Driveways and Intersections.

3. The size of all residential real estate signs is limited to 10 square feet and must be set back a minimum of five feet and shall not obstruct the corner visibility requirements of Improvement Standard 4-18, Visibility Restrictions at Driveways and Intersections.

B. Allowed Off-Site Real Estate Signs. Portable real estate signs located off site from the property advertised, for purposes of directing traffic to the property in question, may be allowed, provided they do not exceed an overall size of nine square feet each, including supports, and do not exceed a height of 30 inches. Such signs may not be located within the public right-of-way and may only be displayed on weekends and holidays when open house sales activities are ongoing (e.g., the home is open to the public for viewing and inspection). One sign may be placed for each change in direction of travel to a maximum of five signs.

C. Allowed Temporary Signs for Subdivision Real Estate Sales. Signs of this type are temporary, limited-term signs that provide direction/location information to motorists and pedestrians for initial home sales of multiple lots with a single builder within a master planned community, including both single-family and multifamily for-sale products. These signs are allowed during active home sales and must be removed when sales have concluded. These signs are exempt from permit, subject to the following limitations:

1. On-Site Subdivision Balloons. Five balloons per sales trailer or model home complex to a maximum height of 65 feet are allowed.

2. On-Site Subdivision Directional Signs. One temporary subdivision directional sign per subdivision entrance to a maximum of six such signs are allowed. Each sign can be up to 32 square feet and a maximum height of 10 feet. Signs must be set back 10 feet from the right-of-way.

3. On-Site Subdivision Flags. Up to 10 flag poles per subdivision are allowed. Flags can be up to 15 square feet each and up to 20 feet tall. Poles must be set back 10 feet from the right-of-way.

4. Weekend Directional Stake Signs. Weekend directional stake signs are those signs customarily displayed on the weekends, measuring less than nine square feet in area, and mounted on wooden stakes. Such signs may be used to identify the name and location of active home sales as part of a new residential subdivision/condominium project; provided, that each face of the sign does not exceed four square feet, and it is mounted such that it is no more than four feet tall from the ground and is set back a minimum of five feet from the edge of the roadway pavement. Additionally, such signs are only allowed on a temporary basis from noon on Friday to no later than noon on the following Monday. In the event that Friday is a nationally recognized holiday, said signs may be erected on Thursday after noon. In the event that Monday is a nationally recognized holiday, said signs may remain in place until Tuesday by noon. In no event may a weekend directional stake sign be located within a roadway median.

5. Off-Site Subdivision Freestanding Signs. Off-site subdivision freestanding signs are allowed within the city limits, up to five such signs per subdivision, to a maximum of 32 square feet and 10 feet in height for each individual sign. These signs are prohibited within the public right-of-way or on any city-owned property. These signs shall be kept in good repair for the duration of the home sales activities. [Ord. 1-2022 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2014 § 3 (Exh. C)].

This section describes the standards applied to the development, maintenance, and removal of signs within the city.

A. Measurement of Sign Area.

1. Generally. When the sign is composed of letters applied to the building without a distinctive background (e.g., channel letters), the area of the sign may be measured by the height of the letters times the length of each line of letters and may be computed at 75 percent; otherwise, the area of the sign shall be measured to the outside perimeter of the sign, including the area of any voids within a simple bounding perimeter. See Figure 23.743-1 (Sign Area).

Figure 23.743-1: Sign Area

2. Awning or Canopy Signs. Sign copy which is applied to an awning or canopy shall be computed at 100 percent of the area within a single rectangle enveloping the sign copy. See Figure 23.743-2 (Awning or Canopy Sign Area).

Figure 23.743-2: Awning or Canopy
Sign Area

3. Freestanding Signs. Freestanding signs are to be computed as total height by the total length of the sign or signs for one side for double-faced signs, excluding framework of separate single wood post or masonry column and single wood or masonry beam. The base of a monument sign is not part of the sign. See Figure 23.743-3 (Freestanding Sign Area).

Figure 23.743-3: Freestanding Sign Area

4. Three-Dimensional Objects. Where a sign consists of one or more three-dimensional objects (e.g., balls, cubes, clusters of objects, sculpture, or statue-like trademarks), the sign area shall be measured at their maximum projection upon a vertical plane, as viewed from a position in the public right-of-way which produces the largest visual projection. Such area contributes to the overall allowable sign area for the development type.

B. Measurement of Sign Height. Sign height shall be measured from the uppermost part of the sign used in determining the area of the sign to the lowest elevation at the base of the sign.

C. Maintenance of Signs. All signs shall comply with the following criteria:

1. All transformers, equipment, programmers, and other related items shall be screened and/or painted to match the building or shall be concealed within the sign.

2. All permanent signs shall be constructed of quality, low-maintenance materials such as metal, concrete, natural stone, glass, and acrylics. Techniques shall be incorporated during construction to reduce fading and damage caused by exposure to sunlight or degradation due to other elements.

3. All signs shall be constructed in compliance with any applicable building, electrical, or other code in effect at the time of construction or maintenance, with particular respect to wind and seismic loads and overturning moment.

4. All freestanding signs that incorporate lighting shall have underground utility service.

5. Signs shall be cleaned, updated, and/or repaired as necessary to maintain an attractive appearance and to ensure safe operation of the sign. Unacceptable sign conditions include broken or missing sign faces, broken or missing letters, chipped or peeling paint, water damage, missing or inoperative lights, exposed mechanical or electrical components, and missing or broken fasteners. Failure to respond to a written request from the city to perform maintenance work shall result in revocation of the sign’s permit or status as exempt from permit, subject to the appeal provisions of this code.

6. All temporary signs and banners shall be made of a material designed to maintain an attractive appearance for as long as the sign is displayed.

7. All illuminated signs shall be of such intensity or arranged in such a manner so as to avoid unreasonable glare for abutting properties or vehicular traffic.

D. Illumination Standards. The artificial illumination of signs, either from an internal or external source, shall be designed to minimize negative impacts on surrounding rights-of-way and properties. The following standards shall apply to all illuminated signs:

1. External light sources shall be directed and shielded to limit direct illumination of an object other than the sign;

2. The light from an illuminated sign shall not be of an intensity or brightness that will create glare or other negative impact on residential properties in direct line of sight to the sign;

3. Unless otherwise permitted by another provision of this chapter, signs shall not have blinking, flashing, or fluttering lights, or other illumination devices that have a changing light intensity, brightness, or color, unless otherwise allowed as an electronic message sign;

4. Colored lights shall not be used in a manner so as to be confused with traffic control devices;

5. Reflective type bulbs and incandescent lamps that exceed 15 watts shall not be used on the exterior surface of signs so that the face of the bulb or lamp is exposed to a public right-of-way or adjacent property; and

6. Light sources shall utilize energy-efficient fixtures to the greatest extent possible.

E. Sign Removal or Replacement. When a sign is removed or replaced, all brackets, poles, and other structural elements that support the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the structure. This provision does not apply to routine maintenance.

F. Setback and Spacing of Freestanding Signs.

1. The minimum setback distance for signs shall be measured from the back of the public right-of-way, unless an encroachment permit is granted.

2. Except as provided herein, setback for signs shall be measured from the future right-of-way as provided by subsection (F)(1) of this section to the closest edge of the sign. For streets which are improved to a width less than the future right-of-way, setback for signs may be measured from the existing improvements meeting current city standards; provided, that a relocation agreement shall be recorded at the owner’s expense which guarantees that the property owner agrees to relocate the sign at his/her own expense to the required setback from the right-of-way at such time that the city widens (or causes to be widened) the street to the future right-of-way. For parcels where improvements are not complete to meet present city standards, setback shall be measured from that point which would abut city standard improvements if they were installed. For parcels that do not have existing improvements and where other parcels within the same block have improvements, the setback may be measured from a projection of existing street improvements within the same block. In no case shall a sign be located within the dedicated right-of-way.

G. Location of Building Signs. Building signs may be located along any frontage of a building that faces directly onto a public right-of-way or an internal circulation path of the site. Orientation of signs such that they face directly onto residential property is to be avoided and is allowed only when there is no practical alternative and the visibility of the sign from the residence is minimized. Building-mounted signage on multi-story buildings shall be integrated into the building architecture and shall not be installed in a manner that results in the sign either extending above the roofline or appearing as such. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2014 § 3 (Exh. C); Ord. 16-2012 § 3 (Exh. A); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.15.090)].

This section describes the standards for certain types of signs as defined in Chapter 23.1104 RCMC (Definitions). These provisions are consistent with the development standards for signs as listed in Table 23.743-1 (Allowed Permanent On-Site Sign Standards).

A. A-Frame Signs. A-frame signs may be permitted with a temporary use permit and subject to the standards in Table 23.743-2 and the following:

1. A-frame signs shall only contain information and advertising for the establishment placing the sign.

2. A-frame signs shall not be located within the public right-of-way, clear vision triangle, required path of travel, parking spaces, drive aisles, and landscape planters, and shall not block building entries or emergency exits.

3. A-frame signs shall have a locking arm or other device to stabilize the structure.

4. A-frame signs shall be displayed only during the regular business hours of the establishment.

5. A-frame signs shall not be illuminated.

6. A-frame signs shall be made of sturdy material not susceptible to fading or damage from use and weather. The use of paper or cloth is not permitted unless located within a glass or plastic enclosure.

B. Awning and Canopy Signs. Awning or canopy signs may be permitted only as an integral part of the awning or canopy to which they are attached or applied. Awning and canopy signs shall be regularly cleaned and kept free of dust and visible defects.

C. Blade/Bracket Signs. All signs projecting over walks, halls, corridors, passageways, or aisles shall be installed in compliance with the Handicapped Access Regulations, California Code of Regulations, Title 24, State Building Code, Part 2, Section 2-1721, entitled “Protruding Objects.”

D. Freestanding Signs.

1. Design. The mass/scale of a freestanding sign shall be consistent with the overall design of the building. The design and placement of the sign shall not interfere with the required clear vision triangle.

2. Landscape Requirements. See RCMC 23.716.060(H) (Signs).

3. Construction. Only monument signs are permitted types of permanent freestanding signs in the city. Signs constructed with exposed metal poles that are not architecturally integrated into the design of the sign are considered pole signs and are prohibited. Freestanding signs may be constructed with poles as a substructure; provided, that the poles are covered with architectural cladding or coverings so they appear to be architecturally integrated.

E. Building-Attached Signs. Building-attached signs (e.g., wall signs, channel letter signs) shall comply with the following development standards:

1. Location. The sign shall not be placed to obstruct any portion of a window, doorway, transom, or other architectural detail.

2. Maximum Area and Height. The sign shall not project above the edge of a structure and shall comply with the height requirements established in Table 23.743-1 (Allowed Permanent On-Site Sign Standards).

3. Projection from Wall. The sign shall not project from the surface upon which it is attached more than required for construction purposes and in no case more than 18 inches. See RCMC 23.743.090 (General development, maintenance, and removal provisions for all sign types) for three-dimensional elements on all signs. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2014 § 3 (Exh. C); Ord. 16-2012 § 3 (Exh. A); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.15.100)].

Nothing within this chapter shall prohibit the city from establishing special sign districts for specific areas or districts of the city. The intent of these special sign districts is to provide a uniform and consistent branding and identification for areas of the city, such as the downtown and the convention district, which would benefit from such regulations. As part of the special sign district, the city may adopt special development standards for private party signs that apply to property within this district. The designated approval authority for adoption of special sign districts shall be the council and the process for adoption shall be the same as for text amendments to this zoning code. Upon adoption, each special sign district shall be listed herein for reference, and the boundaries and title of the special sign district shall be added to or otherwise designated on the city zoning map. Applications for zoning clearance under the regulations of a special sign district shall be reviewed in the same manner as other zoning clearances for signs. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2014 § 3 (Exh. C); Ord. 16-2012 § 3 (Exh. A); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.15.110)].

A. Purpose and Designation. The special sign corridors are hereby designated along state highways, county roads, and rivers which accommodate the traveling public. These types of corridors have traditionally attracted large, bright, gaudy signs in an effort to attract the attention of the traveler to a business or a product which may or may not be related to the travel way or the needs of the traveler. The purpose of the regulations in this section is to make provisions for signs that identify the name and type of business in an aesthetic manner that complements the architecture of the building and serves the needs of the traveling public.

B. Locations and Boundaries of Special Sign Corridors. The following roads, rivers, and other travel ways shall have a special sign corridor established for them based upon a radius/buffer from the established centerline of the roadway as identified. These special sign corridors and their respective radii shall be delineated on the city zoning map (see RCMC 23.301.030, Zoning map).

1. U.S. Highway 50: 1,000-foot radius/buffer.

2. Sunrise Boulevard from the American River to Jackson Highway: 500-foot radius/buffer.

3. American River centerline/northern city limits: 500-foot radius/buffer.

C. Permit Required.

1. Within the special sign corridors, an administrative use permit shall be required from the designated approval authority prior to issuance of zoning clearance for any freestanding sign located within the special sign corridor. A freestanding sign included in an approved unified sign program provided for by subsection (C)(2) of this section is exempt from the administrative use permit requirement. For all other signs, only zoning clearance (administrative approval) is required.

2. Where the building and facilities are of size, shape, height, or of such geographical conditions or location that office use sign provisions are not appropriate, building-mounted signage and freestanding signs for said parcel or integrated development may be considered by the unified sign program when the designated approval authority finds that the proposed sign or signs:

a. Are proportional and in scale with the buildings.

b. Are compatible in design, color, and material with the building and surrounding area.

c. Do not constitute a special privilege over adjoining uses.

d. Do not block from view existing buildings and existing signs.

e. Are unobtrusive.

f. Are in keeping with the intent of the sign regulations.

g. Do not exceed the height and size allocation established in Table 23.743-1 (Allowed Permanent On-Site Sign Standards) for signs located on parcels in the same zone which are not within the special sign corridor.

D. Applicability to Special Standards. Unless otherwise exempted, all signs proposed for property located either entirely or partially within a special sign corridor shall require issuance of zoning certification and shall conform to the special development standards herein established. Those signs specifically exempted from these special standards include the following:

1. Signs otherwise exempt from the requirement for zoning clearance as identified in RCMC 23.743.040 (Sign exemptions), provided they conform to any applicable development standards listed therein (e.g., directional signs).

2. Signs for automotive service stations, limited to signage specifically required by state law.

3. Signs which can be shown by the applicant through a visual simulation or other quantifiable justification to not be visible from the roadway or travelway associated with the respective special sign corridor.

E. Prohibited Signs. In addition to the provisions of RCMC 23.743.050 (Prohibited signs), the following additional sign types shall be prohibited within special sign corridors:

1. Pole signs.

2. Any off-site sign except the following:

a. Off-site subdivision signs developed consistent with the standards of RCMC 23.743.085(C)(5) (Off-Site Subdivision Freestanding Signs).

b. Billboards relocated pursuant to the standards of RCMC 23.743.080(A) (Billboard Relocation), provided the sign being relocated to the special sign corridor was already located within a special sign corridor.

c. Digital freeway signs allowed pursuant to the standards of RCMC 23.743.150 (Digital freeway signs overlay), provided the digital freeway sign is a refurbished, existing traditional billboard, or replaces an existing sign that is being relocated from elsewhere within the special sign corridor.

F. Standards for Signs in Special Sign Corridors.

1. Generally, all signs located within a special sign corridor, regardless of associated use type or underlying zoning district, shall conform to the development standards listed in Table 23.743-1 (Allowed Permanent On-Site Sign Standards) for office uses.

2. The exception to this standard shall be, as described in subsection (D) of this section (Applicability to Special Standards), if an applicant can demonstrate that a proposed sign will not be visible from the roadway or travel way associated with the respective special sign corridor, that sign may be developed consistent with the provisions for the associated use type.

3. For parcels with no public street frontage and being served by access easement, mutual parking agreement, or a private road, that parcel may have one monument sign at the point of access to a public or private street consistent with the following standards:

a. The maximum area allowed shall be 24 square feet.

b. The maximum height allowed shall be six feet.

c. The minimum setback allowed shall be 10 feet from existing street improvements or right-of-way line, or as otherwise determined by enforcement agency when other than a public street.

d. A minimum of 50 feet of spacing shall be maintained between the subject freestanding sign and any other freestanding sign.

e. The sign shall be located within a landscaped area with a minimum of three feet of landscape area in each direction. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2014 § 3 (Exh. C); Ord. 16-2012 § 3 (Exh. A); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.15.120)].

A. Establishment and Purpose. The city does hereby establish a gateway signage program for the purposes of establishing special signage at key entrances into the city and major districts within the city. The city recognizes that by providing major signage opportunities at key entrances to the city and major districts (e.g., downtown, convention area, regional town center), the businesses, activities, events, and places of the community can be promoted for the greater public benefit.

B. Location Requirements for Gateway Signs. Gateway signs may be located at each of the entrances to the city from U.S. Highway 50, including Bradshaw Road, Mather Field Road, Zinfandel Drive, Sunrise Boulevard, and Rancho Cordova Parkway. Gateway signs must be located on property within the city limits, within the city’s public right-of-way, or within the Caltrans right-of-way upon issuance of a Caltrans encroachment permit. Gateway signs may also be located as part of any regional town center zone.

C. Administration, Design, and Operation of Gateway Signs. The gateway signage program is a city-administered program. The process for securing sites, designing the signs, leasing or otherwise providing space on the sign for identification of uses and events in the city, maintaining the signs, and other functions shall be established by council resolution and may be updated from time to time as deemed necessary by the council. Nothing herein shall prohibit the city from acquiring the services of a private organization for purposes of designing, constructing, maintaining, and operating the sign(s).

D. Special Development Standards for Gateway Signs. Because of the unique location and purpose of gateway signs, the following general development standards shall apply:

1. As a freestanding sign, gateway signs may be either monument or pylon signs. The maximum height allowed shall be 60 feet. The maximum allowed area for all signage on each gateway sign shall be 1,000 square feet.

2. No more than one sign shall be located at each freeway off-ramp site or regional town center zone.

3. The sign should include the city logo and identification, through text and/or iconic signage, of the area of the city with which it is associated (e.g., Cordova Town Center, Sunrise Station, Mills Station/Mather Field).

4. All other development standards listed in RCMC 23.743.090 (General development, maintenance, and removal provisions for all sign types) shall be adhered to, especially illumination standards. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2014 § 3 (Exh. C); Ord. 16-2012 § 3 (Exh. A); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.15.130)].

A. Except as otherwise provided in this chapter, any sign lawfully in use on the effective date of the ordinance codified in this title, or any amendment thereto, shall be considered a legal use and as such may continue to operate and exist, provided:

1. Nonconforming signs shall be kept in good repair and visual appearance. Structural alterations or modifications of any nonconforming sign are prohibited. Structural repair resulting in same size and shape is permitted subject to the provisions of RCMC Title 16. Change of copy on a nonconforming sign shall be allowed, provided the change does not increase the area of the sign (see RCMC 23.743.040, Sign exemptions).

2. Whenever any modifications, alterations, or changes occur or are proposed as provided in Chapter 23.170 RCMC (Nonconforming Uses and Structures), the sign shall be brought into conformance with the provisions, standards, and regulations of this chapter, requiring issuance of zoning clearance.

B. The council or other designated approval authority may, as a condition of rezoning, design review or use permit (any type), or other development entitlement, require any nonconforming sign on the applicable property to be removed or altered so as to comply with the provisions of this chapter.

C. Off-site signs, except off-site subdivision directional signs that were lawfully erected pursuant to the zoning code in effect immediately prior to December 26, 1985, and which do not comply with Sacramento County Ordinance No. SZC 85-124, shall be nonconforming signs subject to the remedies in Business and Professions Code Section 5412. The failure to have a conditional use permit for an off-site sign as of December 26, 1985, shall not, by itself, cause a sign to become nonconforming.

D. Sign structures which have no message attached to them for more than 90 days shall be considered abandoned signs and as such may be abated by the city. For regulatory purposes, any factors indicating abandonment shall not begin occurring until 90 days after the ordinance codified in this chapter first goes into effect.

E. Abandoned Signs. An abandoned sign pursuant to Chapter 23.1104 RCMC (Definitions) shall be removed or altered within 90 days after it becomes an abandoned sign. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2014 § 3 (Exh. C); Ord. 16-2012 § 3 (Exh. A); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.15.140)].

A. Purpose and Designation. The digital freeway signs overlay is hereby established to enable the consideration of digital freeway signs in certain, specific locations within the city. Digital freeway signs located within the overlay area that meet the development standards established below may be permitted through a conditional use permit. Digital freeway signs are only allowed as billboard relocations or as conversions of an existing billboard in place.

B. Location. The digital freeway signs overlay encompasses three specific geographies in the northeastern area of the city. As seen in Figure 23.743-4, the Sunrise Boulevard area is bound by Highway 50 on the north, Folsom Boulevard on the south, Citrus Road on the west, and the terminus of the industrially zoned parcels on the east. Also, as seen in Figure 23.743-4, the Hazel Avenue area is bound by Highway 50 on the north, Folsom Boulevard on the south, and Hazel Avenue on the east. The mineshaft area is bound by Folsom Boulevard to the north, the Folsom South canal to the south, the western property boundary of the mineshaft property to the west and the eastern property boundary of the mineshaft property to the east. Digital freeway signs proposed outside of these three specific areas are prohibited.

Figure 23.743-4: Digital Freeway Signs Overlay Location

C. Development Standards.

1. Legally existing billboards may be refurbished to become a digital freeway sign, subject to the development standards below and issuance of a conditional use permit.

a. Number of Faces. A digital freeway sign may consist of, at most, two digital display areas, each positioned to be visible only by opposing directions of traffic. Double-faced signs shall not have an interior angle between the face of the panels greater than 45 degrees.

b. Height. The maximum height shall be 60 feet.

c. Area. The maximum area of each digital display area is 672 square feet.

d. Distance between Signs. No digital freeway sign shall be located within 2,500 feet of any other digital freeway sign within the city limits.

e. Sign Structure. The sign structure supporting and surrounding the digital display area shall be as small as feasibly possible so as to avoid any unnecessary height or width to the sign. The sign structure shall not add stylistic or architectural detailing to further call attention to the sign.

f. Pole Cladding. Decorative pole covering is required for newly constructed digital freeway signs as well as any existing traditional billboard that is converted to a digital freeway sign. Such covering shall be simple and streamlined in material and design so as to not call further attention to the sign.

g. Message Display. Digital freeway signs shall display static messages only, and shall not have animation, movement, or the appearance or optical illusion of movement in or on any part of the sign structure, design, or pictorial segment of the sign. Each static message shall not include flashing or scintillating lighting, or varying light intensity.

h. Minimum Display Time. Each message on the sign must be displayed for a minimum of eight seconds.

i. Illumination. Digital freeway signs shall not operate at brightness levels of more than 0.3 foot-candles above ambient light, as measured using a foot-candle meter at a distance of 250 feet from the sign face. Each digital display area shall have a light sensing device that will adjust the brightness of the sign as ambient light conditions change throughout the day.

j. Aesthetics. The sign will not require substantial trimming or reduction of existing vegetation and landscaping. The sign will not obstruct or obscure on-site signs on the same or adjacent properties.

k. Traffic Safety. The sign shall not create a visibility hazard to traffic on adjacent streets, freeways, or parking areas. The sign will not reduce parking availability as required by this title. The sign will not interfere with on-site vehicular circulation.

l. Future Technologies. There may be alternate, preferred, or superior technology available in the future to illuminate digital freeway signs. These alternate technologies may be incorporated into existing legally permitted digital freeway signs in the future without additional permissions from the council so long as (i) the requisite maximum brightness standards are met and (ii) no exterior physical change to the digital display area will occur. The owner is responsible for obtaining any required ministerial permits for technology improvements as required by applicable code standards. The city will expedite any such required approvals for technology that is superior in energy efficiency over previous generations or types.

m. Community Messaging. The city shall be provided with access to a portion of the total available display time to allow the city to present messages of community interest. This access shall also include other appropriate agencies for the purpose of displaying public safety messages such as “Amber Alert” messages and emergency-disaster communications.

n. Quality and Maintenance Plan. The applicant must establish a quality and maintenance plan in order to ensure implementation of all above-listed development standards and to assure the proper maintenance and repair of the digital freeway sign as needed.

2. Billboard Removal. For every one digital freeway sign installed, the applicant must permanently remove at least four legally existing billboard structures (each of which may have more than one billboard sign face) within the city prior to operation of the digital freeway sign. An existing billboard being refurbished as a digital freeway sign may count as one of the four required permanent removals.

3. Operating Agreement. At the applicant’s request, the city and applicant may enter into an operating agreement in conjunction with the issuance of a conditional use permit for a digital freeway sign. The city and applicant may use the operating agreement, on a case-by-case basis, to deviate from the development standards in subsection (C)(1) of this section or reduce the required billboard removals under subsection (C)(2) of this section. The council will only approve an operating agreement if it determines that the operating agreement achieves community benefits that are equivalent to those that would be achieved through strict compliance with subsection (C)(1) or (C)(2) of this section. [Ord. 1-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2014 § 3 (Exh. C); Ord. 23-2012 § 3 (Exh. A); Ord. 16-2012 § 3 (Exh. A)].