Santa Clarita City Zoning Code

Commercial Cannabis Facilities. Commercial cannabis facilities are prohibited in all zones in the City. No person or entity may establish or operate a commercial cannabis facility within City limits. This section shall not prohibit a cannabis retailer licensed under MAUCRSA and located outside the City from delivering cannabis and/or cannabis products to customers in the City; provided, that such deliveries are in strict compliance with MAUCRSA and all applicable State cannabis laws and regulations.

Cottage Food Operations. Cottage food operations, including the sale, cultivation, manufacturing, testing or delivery of cannabis or products containing cannabis, are prohibited.

Home Occupation. Home-based businesses involving the sale, cultivation, manufacturing, testing, or delivery of cannabis or products containing cannabis are prohibited.

Temporary Uses. Temporary uses and/or events involving the sale, cultivation, manufacturing, testing, or delivery of cannabis or products containing cannabis are prohibited.

All cannabis cultivation within City limits is prohibited except that up to six (6) living cannabis plants may be cultivated inside a private residence, or inside an accessory structure to a private residence located upon the grounds of that private residence. Such cultivation may only occur in residences and accessory structures that are fully enclosed and secured against unauthorized entry. Cannabis cultivation is prohibited in garages, courtyards, on balconies, and in other outdoor spaces.

No more than six (6) cannabis plants may be cultivated per private residence at any one (1) time.

Cannabis cultivation and storage shall not produce odors that are readily detectable beyond the boundaries of the residential property where the cannabis cultivation and storage is located.

Cannabis cultivation and storage within multifamily residential units shall not produce odors that are readily detectable in an adjacent unit.

Use of combustible gases for cannabis cultivation within a private residence or accessory structure, also known as blasting, is prohibited.

Indoor lighting used for cultivation of cannabis within a private residence or accessory structure shall not exceed one thousand (1,000) watts per light.

A portable, working, fire extinguisher must be kept in the same room within a private residence or accessory structure where cannabis cultivation is occurring.

Cannabis and products containing cannabis must be disposed in a secure waste receptacle located on the residential property. Disposed cannabis plants and products must be rendered unusable and unrecognizable by grinding and incorporating cannabis waste with any nonconsumable solid waste.

Any alteration of a private residence or a private residence's electrical system to accommodate residential home growth of cannabis shall be subject to review and approval of the Building and Safety Division.

Grading for new commercial or industrial development;

New commercial or industrial building construction;

Addition to a commercial or industrial building exceeding fifty percent (50%) of the area of the existing building;

Repaving of more than fifty percent (50%) of the parking area serving a commercial or industrial development.

Purpose. The purpose of this subsection is:

Establishment of Law Enforcement Facilities Mitigation Fee.

Annual Review of Fee.

Applicability.

Time of Payment of Fee.

Exemptions from Fee. The following shall be exempt from the provisions of this subsection:

Deposit and Use of Fees Collected. All law enforcement facilities mitigation fees received by the City shall be deposited in a special law enforcement capital facilities fund and expended solely for the purposes for which the fee was collected. A separate law enforcement capital facilities fund account shall be established for each of the three (3) law enforcement facilities fee zones. All funds from the imposition of fees provided herein shall be deposited into such accounts to be used exclusively for the purpose of land acquisition, engineering, construction, installation, purchasing, or any other direct cost of providing law enforcement facilities and for no other purpose. All interest income earned shall be credited to each account, and shall be used solely for the purposes for which the fee was collected.

Consideration in Lieu of Fee.

Reimbursement. The provisions of subsection (B)(8) of this section shall not prevent the execution of a reimbursement agreement between the City and a developer for that portion of the cost of law enforcement facilities paid by the developer which exceeds the need for the law enforcement facilities attributable to and reasonably related to the development.

Alternative Method. This subsection is intended to establish an alternative method for the financing of public law enforcement facilities, the need for which is generated directly or indirectly by new development projects. The provisions of this subsection shall not be construed to limit the power of the City to utilize any other method for accomplishing this purpose, but shall be in addition to any other fees, or requirements which the Council is authorized to impose as a condition to approving new development pursuant to State and local laws.

No land use permit or entitlement for a residential use shall be approved unless payment of the library facilities and technology mitigation fee is made a condition of approval for any such entitlement.

The library facilities and technology mitigation fee is established by separate resolution of the Council.

The amount of the fee established shall be reviewed annually by the City. No adjustment shall increase or decrease the fee to an amount more or less than the amount necessary to recover the cost of providing the applicable library facilities.

No building or similar permit for residential use shall be issued and no new residential use of an existing building shall occur until the applicant has paid the applicable library facilities and technology mitigation fee to the Building and Safety Division of the City. In the event that an applicant desires to proceed with development of a portion of the residential development project, the applicant may obtain building permits for that portion of the project after paying a proportional share of the total library facilities and technology fee for the project to the satisfaction of the Director.

The provisions above shall apply to payment of the library facilities and technology mitigation fee for a residential development project if the fee will reimburse the City for expenditures already made, or if the City has previously adopted a capital improvement plan or proposed construction schedule and has established an account and appropriated funds for the library facilities to be financed by the fee. In all other cases, notwithstanding the provisions of this section, payment of the fee for a residential development project shall not be required prior to the date of the final inspection or the date the certificate of occupancy is issued for the first dwelling in the development, whichever occurs first. In such cases, execution of an agreement to pay the required fee or applicable portion thereof within the time specified herein shall be a condition of issuance of the applicable building or similar permit. Such agreement shall constitute a lien for the payment of the fee and shall be enforceable as provided in Government Code Section 66007.

Additions or modifications to existing residential units; provided, that such additions or modifications do not increase the number of households that can be housed in such residential units, shall be exempt from the provisions of this section.

All library facilities and technology fees received by the City shall be deposited in a special library capital facilities fund and expended solely for the purposes for which the fee was collected. A separate library capital facilities fund account shall be established by the City. All interest income earned shall be credited to the account and shall be used solely for the purposes for which the fee was collected.

The City Manager or designee may accept substitute consideration in lieu of the library facilities fee required pursuant to this section, provided the City Manager or his or her designee finds that the proposed substitute consideration:

The City Manager or designee may accept substitute consideration in lieu of a portion of the library facilities mitigation fee required pursuant to this section where the City Manager or designee finds that the substitute consideration proposed is less than the value of the required fee but is in a form acceptable to the City and is within the scope of the applicable library facilities project. Such substitute consideration may be accepted by the City only after payment of an amount equal to the difference between the value of the substitute consideration, as solely determined by the City Manager or designee, and the amount of the otherwise required fee.

The provision referenced in subsection (C)(9) of this section shall not prevent the execution of a reimbursement agreement between the City and a developer for that portion of the cost of library facilities paid by the developer which exceeds the need for the library facilities attributable to and reasonably related to the development.

This section is intended to establish an alternative method for the financing of public library facilities, the need for which is generated directly or indirectly by a residential development project or projects. The provisions of this section shall not be construed to limit the power of the City to utilize any other method for accomplishing this purpose but shall be in addition to any other fees or requirements that the City is authorized to impose as a condition to approving new development pursuant to State and local laws.

A subdivider, as a condition of approval of a final map for property within an area of benefit, or a building permit applicant, as a condition of issuance of a building permit for property within an area of benefit, shall pay a fee as hereinafter established to defray the costs of constructing bridges over waterways, railways, freeways, and canyons, and/or constructing major thoroughfares.

The provisions herein for payment of a fee shall apply only if the bridge and/or major thoroughfare has been included in an element of the General Plan adopted by the Council at least thirty (30) days prior to the filing of a map or application for a building permit on land located within the boundaries of the area of benefit.

Payment of fees shall not be required unless any major thoroughfares are in addition to or a widening or reconstruction of any existing major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit.

Payment of fees shall not be required unless any planned bridge facility is a new bridge serving the area or an addition to an existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit.

Establishing a New Area of Benefit.

Process for a New Area of Benefit.

Fees paid pursuant to this section shall be deposited in a planned bridge facility and/or major thoroughfare fund. A fund shall be established for each planned bridge facility project and/or each planned major thoroughfare project. If the benefit area is one in which more than one (1) bridge and/or major thoroughfare is required to be constructed, a separate fund may be established covering all of the bridge projects and/or major thoroughfares in the benefit area. Moneys in such fund shall be expended solely for the construction or reimbursement for construction of the improvement serving the area to be benefited and from which the fees comprising the fund were collected, or to reimburse the City for the costs of constructing the improvement.

The Council may approve the acceptance of considerations in lieu of the payment of fees established herein.

The Council may approve the advancement of money from the general fund or road fund to pay the costs of constructing the improvements covered herein and may reimburse the general fund or road fund for such advances from planned bridge facility and/or major thoroughfare funds established pursuant to this section.

If a subdivider, as a condition of approval of a subdivision, is required or desires to construct a bridge and/or major thoroughfare, the Council may enter into a reimbursement agreement with the subdivider. Such agreement may provide for payments to the subdivider from the bridge facility and/or major thoroughfare fund covering that specific project to reimburse the subdivider for costs not allocated to the subdivider's property in the resolution establishing the area of benefit. If the bridge and/or major thoroughfare funds cover more than one (1) project, reimbursements shall be made on a pro rata basis, reflecting the actual or estimated costs of the projects covered by the fund.

Except as otherwise provided in this document, a building or structure shall not be used on any lot or parcel of land, any portion of which is located within a major bridge or thoroughfare district established by the City, unless the required district fee has been paid as a condition of issuing a building permit.

This fee does not apply to the use, alteration or enlargement of an existing building or structure or the erection of one (1) or more buildings or structures accessory thereto, or both, on the same lot or parcel of land, if the total value of such alteration, enlargement or construction does not exceed one-half (1/2) of the current market value of existing buildings or structures on such lot or parcel of land.

Applicability. The provisions of this subsection shall govern:

General Standard. It is found and determined that the public interest, convenience, health, welfare, and safety require that a minimum of three (3) acres of property for each one thousand (1,000) persons residing within this City be devoted to neighborhood and community park recreational purposes. The General Plan does state that a goal of five (5) acres of property for each one thousand (1,000) persons residing within this City be devoted to neighborhood and community park recreational purposes.

General Procedural Requirements. Land dedicated shall be conveyed by grant deed in fee simple absolute to the City free and clear of all encumbrances, except those that do not interfere with the use of the property for park or recreational purposes. The developer shall provide all fees and instruments necessary to convey the land plus a preliminary title report and title insurance in favor of the City prior to approval of the parcel or final map. When fees are required, they shall be deposited with the City prior to the approval of the parcel or final map and shall be disposed of pursuant to subsection (E)(10) of this section.

Determination of Land or Fee. Whether the City accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, the determination shall consider the following:

Formula for Dedication of Land. Where a park or recreation facility has been designated in the General Plan, and is to be located in whole or in part within the proposed subdivision or other project site to serve the immediate and future needs of the residents of the subdivision and/or project, the developer shall dedicate land for a local park sufficient in size and topography that bears a reasonable relationship to serve the present and future needs of the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following formula:

The developer shall, in addition to the dedicated land required by this section, and to the satisfaction of the Director of Parks, Recreation and Community Services, provide the following non-park and residential improvements as may be required by the conditions of approval for the project:

The land to be dedicated and the improvements to be made pursuant to this section shall be subject to the satisfaction of the Director of Parks, Recreation and Community Services and shall conform to the City's guidelines for park dedications.

The developer may provide, subject to City approval, park and recreational amenities such as automatic irrigation systems, lawns, and/or play equipment as long as a credit is provided to the developer consistent with subsection (E)(12) of this section.

Criteria for Requiring Both Dedication and Fee. In subdivisions of more than fifty (50) parcels, or the construction of fifty (50) new multifamily units or the placement of fifty (50) additional mobilehomes, the developer may be required by the City to satisfy the park requirement through a combination of both land dedication and payment of a fee in accordance with the following formula:

Amount of Fee in Lieu of Land Dedication. When a fee is to be paid in lieu of land dedication, the value of the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required for dedication pursuant to subsection (E)(5) of this section plus twenty percent (20%) toward the cost of off-site improvements, such as extension of utility lines. The fee shall be determined by the following formula:

DU = the number of new dwelling units based upon the number of residential units indicated on the final map or development plan when it is recorded and when in an area zoned for one (1) dwelling unit per parcel. When all or part of the subdivision is located in an area zoned for more than one (1) dwelling unit per parcel, the number of proposed dwelling units in the area so zoned shall equal the maximum allowed under that zone. In the case of a condominium project, the number of new dwelling units shall be the number of condominium units. In the case of a residential development without a subdivision, the number of dwelling units shall be that number of new dwelling units that is approved with the project approval. The term "new dwelling unit" does not include dwelling units lawfully in place prior to the date on which the parcel or final map or development plan is filed.

Population = Population per dwelling unit.

FMV = Fair market value, as determined by subsection (E)(8) of this section.

Buildable acres = A typical acre of the project site, with a slope less than three percent (3%), and located in an area where building is not excluded because of flooding, easements, or other restrictions.

Determination of Fair Market Value.

Credit for Private Open Space. Credit shall not be given for private open space in the subdivision or project site except as hereinafter provided. Where private open space usable for active recreational purposes is provided in a proposed planned development, real estate development, stock cooperative, community apartment project, or condominium project as defined in Section 11003 et seq. of the Business and Professions Code, partial credit, not to exceed thirty percent (30%), shall be given against the requirement of land dedication or payment of fees in lieu thereof. Credit shall only be given when the approving authority finds that it is in the public interest to do so and that all the following standards are met:

Disposition of Fees. Fees determined pursuant to subsection (E)(7) of this section shall be paid to the City and deposited into the account for the purchase or development of parklands or its successor. Money in said account, including accrued interest, shall be expended solely for the acquisition or development of park land, or improvements related thereto or rehabilitating existing park or recreational facilities within the planning area. If the development project is rejected or withdrawn, the fees shall be returned without interest to the applicant.

The City shall use the collected fees for park or recreational purposes to serve residents of the project site and planning area within five (5) years upon receipt of payment or within five (5) years after the issuance of building permits on one-half (1/2) of the units created by the subdivision, whichever occurs later. If the fees are not so committed, they shall be distributed and paid to the then record owners of the subdivision or the project site in the same proportion that the size of their parcel bears to the total area of all parcels in the project.

The Director of Administrative Services shall report to the Council at least annually on income, expenditures, and status of the parkland trust fund.

Exemptions. Subdivisions containing less than five (5) parcels and not used for residential purpose shall be exempted from the requirements of this section; provided, however, that a condition shall be placed on the approval of a tentative parcel map that if a building permit is requested for construction of a residential structure or structures on one (1) or more of the parcels within four (4) years after the map is approved, a fee may be required to be paid by the owner of each parcel as a condition to the issuance of such building permit.

The provisions of this section do not apply to commercial or industrial subdivisions; nor do they apply to condominium projects or stock cooperatives, which consist of the subdivision of airspace in an existing apartment building which is more than five (5) years old when no new dwelling units are added.

Developer Provided Park and Recreation Improvements. The value of any park improvements together with any equipment provided by the developer to the dedicated land, with the exception of those non-park and recreational improvements required as conditions of approval shall be credited against the fees or dedication of land required by this section. The approving authority reserves the right to approve the park and recreation improvements and equipment prior to agreeing to accept the dedication of land and to require in-lieu-fee payments should the land and improvements be unacceptable.

City to Accept Land and Fees. Land or fees required under this section shall be conveyed or paid directly to the City. The City shall develop and make available for public inspection a schedule specifying how, when and where it will use the land or fees, or both, to develop park or recreational facilities to serve residents of the project site and planning area.

Access. All land offered for dedication to local park or recreational purposes shall have access to at least one (1) existing or proposed public street. The approving authority may waive this requirement if it determines that public street access is unnecessary for the maintenance of the park area or use thereof by residents.

Sale of Dedicated Land. If, during the ensuing time between dedication of land for park purposes and commencement of first-stage development, circumstances arise which indicate that another site would be more suitable for local park or recreational purposes serving the project site and the neighborhood (such as receipt of a gift of additional park land or a change in school location), the land may be sold or exchanged upon the approval of the Council with the resultant proceeds from the sale, if applicable, being used for purchase of the more suitable site.

Purpose. The purpose of this subsection is:

Establishment of Transit Facilities Mitigation Fee.

Annual Review of Fee.

Applicability.

Time of Payment of Fee.

Exemptions from Fee. The following shall be exempt from the provisions of this subsection:

Deposit and Use of Fees Collected. All transit facilities mitigation fees received by the City shall be deposited in a special transit capital facilities fund and expended solely for the purposes for which the fee was collected. A separate transit capital facilities fund account shall be established for each of the three (3) transit facilities fee zones. All funds from the imposition of fees provided herein shall be deposited into such accounts to be used exclusively for the purpose of land acquisition, engineering, construction, installation, purchasing, or any other direct cost of providing transit facilities and for no other purpose. All interest income earned shall be credited to each account, and shall be used solely for the purposes for which the fee was collected.

Consideration in Lieu of Fee.

Reimbursement. The provisions of subsection (F)(8) of this section shall not prevent the execution of a reimbursement agreement between the City and a developer for that portion of the cost of transit facilities paid by the developer which exceeds the need for the transit facilities attributable to and reasonably related to the development.

Alternative Method. This subsection is intended to establish an alternative method for the financing of public transit facilities, the need for which is generated directly or indirectly by new development projects. The provisions of this subsection shall not be construed to limit the power of the City to utilize any other method for accomplishing this purpose, but shall be in addition to any other fees, or requirements which the Council is authorized to impose as a condition to approving new development pursuant to State and local laws.

Purpose.

Establishment of Parking in Lieu Fee (Fee).

Periodic Review of Fee.

Applicability.

Time of Payment of Fee. No building or similar permit for any new development shall be issued until the applicant has paid the applicable fee, or as otherwise determined by resolution of the City Council.

Exemptions from Fee. Developments that do not add any new or expand nonresidential/commercial square footage in the Arts and Entertainment (AE) zone (Main Street area) or in the Neighborhood (N) zone with Walnut Street frontage of the Old Town Newhall Specific Plan are exempt.

Provide hillside development standards to maximize the positive impacts of site design, grading, landscape architecture and building architecture, and provide development consistent with the goals and policies of the General Plan.

Maintain the essential natural characteristics of the area such as major landforms, vegetation and wildlife communities, hydrologic features, scenic qualities and open space that contribute to a sense of place.

Retain the integrity of predominant off-site and on-site views in hillside areas in order to maintain the identity, image and environmental quality of the City.

Density Criteria for Hillside Development Applications. Notwithstanding the density provisions of this section, all of the following conditions shall be met:

Average Slope Calculation. Average slope shall be calculated by utilizing the following formula:

The average slope shall be calculated as shown on the development plans certified by a California licensed engineer.

Division of Area. Where there exists a dramatically different landform character in the topography of any one (1) site, the site may be divided into several distinct areas for purposes of slope determinations. An average density may be calculated separately for unique areas on site upon approval of the Director. For example, each of the areas shown in Figure 17.51-2 (Division of Area) (A, B and C) may calculate density requirements separately.

Hillside Classifications. Hillside categories have been identified by percentage of average slope in the following categories:

Grading Design.

Architectural Standards. The purpose of establishing architectural design standards is to ensure quality development that blends with the hillside environment and to create neighborhoods that display harmonious and complementary architectural styles. To achieve hillside compatible development, the City recognizes the importance of having architectural design that incorporates rooflines and other building elements, which reflect the naturally occurring ridgeline silhouettes and topographical variations.

Landscape Design.

Retaining Walls. The purpose and intent of establishing development standards for retaining walls in this section is to ensure that the application of retaining walls is aesthetically pleasing to the subject property and limited in quantity throughout a development.

Corrective Work. Nothing in this section shall prohibit the Director from authorizing grading deemed necessary to correct natural, hazardous conditions that are brought to the City's attention, in which case the applicant will investigate possible alternatives with subsequent review by the Director, Commission or Council.

Grading Plan Certification. Upon completion of rough grading work and prior to any excavation for foundations or structures, an as-graded plan prepared and certified by the licensed civil engineer who prepared the approved grading plans shall be submitted to the Community Development and Public Works Departments for review and approval. The as-graded plans shall include original ground surface elevations, as-graded surface elevations and all other features that were a part of the approved grading plan. The engineer shall provide certification on the as-graded plan that the work was done in accordance with the approved grading plan and the City's grading requirements.

Landscape Plan Certification. Landscape and irrigation plans shall be prepared by a licensed landscape architect and shall be submitted to and approved by the Director. A licensed landscape architect shall certify that the planting plans comply with Section 17.51.030 (Landscaping and Irrigation Standards).

Encourage quality landscape designs;

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

Conserve energy by the provision of shade trees over streets, sidewalks, parking areas and other paving;

Ensure that new landscaping would be consistent with any applicable design guidelines and that important resources (e.g., specimen trees and oak trees) are retained;

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

Encourage the protection of landmark, native, and specimen trees;

Encourage the efficient use of water through appropriate low-water-using plant materials, water conserving irrigation design, and regular maintenance of landscaped areas;

Encourage the appropriate design, installation, maintenance, and management of landscapes so that water demand can be decreased, runoff can be retained, and flooding can be reduced without a decline in the quality or quantity of landscapes;

Promote the conservation of potable water by maximizing the use of recycled water and other water conserving technology for appropriate applications; and

Adopt and conform to the State mandated Model Water Efficient Landscape Ordinance as required by Government Code Section 65595 and as published at 23 California Code of Regulations 490, et seq.

All projects that require approval of either an administrative land use permit or a discretionary land use permit shall provide and maintain landscape in compliance with the provisions of this section. Applicants for such projects shall submit landscape and irrigation plans per Section 17.23.150 (Landscape Plan Review).

All projects that require landscape and irrigation plan review as required by the Model Water Efficient Landscape Ordinance shall comply with 23 California Code of Regulations Sections 490, et seq. Applicants for such projects shall submit landscape and irrigation plans compliant with the Model Water Efficient Landscape Ordinance.

General Design Standards. The following features shall be incorporated into the design of the proposed landscape and shown on the required landscape plans.

Plant Materials. Plant materials shall be selected and installed to comply with the following requirements:

Artificial or Synthetic Turf. Any use of artificial or synthetic turf is permitted as a Class I application. The use of artificial and synthetic turf may count towards required landscaping as long as it does not exceed fifty percent (50%) of the required landscaping. The installation and type of requirements shall meet the requirements as listed in this section, unless otherwise approved by the Director.

Flood Control Basins. Privately maintained flood control basins are required to be landscaped to the extent possible with ground cover, shrubs and trees, unless otherwise approved by the Director.

Fire Fuel Modification Requirements. Additional design requirements may be required by the Fire Department for any project that is located within a fire sensitive area. The Fire Department can require modifications to the landscaping requirements contained within this section. All Fire Department-approved landscape plans must also receive the approval of the Director prior to issuance of building permits.

Standards for Single-Family Residential Development. Each single-family residential project shall be landscaped, irrigated, and maintained in compliance with the requirements of this section.

Standards for Multifamily Residential Development. In addition to the standards for single-family residential development, the following additional requirements apply to multifamily developments and shall be landscaped, irrigated, and maintained in compliance with the requirements of this section:

Commercial, Industrial and Mixed Use Standards. For projects utilizing commercial, industrial or mixed use development, project shall be landscaped, irrigated, and maintained in compliance with the requirements of this section.

Landscape Standards for Parking Structures. Projects that include the construction of an above-ground parking structure are subject to the following landscape requirements:

Parking Lot Landscaping Requirements for Commercial, Industrial or Mixed Use Developments. Parking lot landscaping shall be provided in accordance with the following and as shown in Figure 17.51-8 (Parking Lot Landscaping).

Landscape for Projects Subject to Section 17.51.020 (Hillside Development). Landscaping and landscape design for hillside development projects shall comply with the requirements of Section 17.51.020 (Hillside Development) and the following:

Where healthy trees exist on a site, maximum effort shall be given for their retention.

The type and location of all existing trees of four (4) inch caliper or greater, as measured four and one-half (4 1/2) feet from the ground, shall be shown on plans submitted for approval. Any proposed removals shall be clearly indicated. Oak trees are subject to Section 17.51.040 (Oak Tree Preservation).

To ensure that the tree retention is successful, the following requirements shall be met:

No difference in grade shall be allowed at the base of the trees.

No Construction Resulting in Injury or Removal of Trees. No construction shall be allowed that results in the injury or removal of native or specimen tree unless approved by the Director.

Maintenance Required.

Homeowners' associations (HOAs) and assessment districts or other acceptable legal entities are required in Santa Clarita. All landscaped slopes not included within a landscape maintenance district (LMD) shall be maintained by an HOA or a property owners' association (POA) for the permanent maintenance of slopes and other areas. An HOA/POA should be required to establish a maintenance district with responsibility for landscape maintenance, should the HOA disband. The City should retain development rights in such a maintenance district.

Maintenance shall consist of regular fertilizing, clearing of debris, trash and weeds, monitoring for pests and disease, mowing, pruning, the removal and timely replacement of dead or dying plants, spraying, treating for disease or injury, watering, the repair and timely replacement of irrigation systems and integrated architectural features, or any other similar act(s) which promotes growth, health, beauty, and the life of plants, shrubs, trees, or turf.

With the exception of single-family residential units, if a tree is pruned to the extent that is detrimental to the life and health of the tree, as determined by the City arborist, the property owner is responsible to replace the tree with a similar and comparable tree.

Any new noise generators in residential zones shall be enclosed, insulated, or utilize other methods to contain, reduce, or eliminate noise, so as not to increase the previous level of ambient noise.

New single-family and multifamily residential units in areas where the ambient noise levels exceed sixty (60) CNEL shall provide mitigation measures for the new residences to reduce interior noise levels to forty-five (45) CNEL, based on future traffic and railroad noise levels.

New single-family and multifamily residential units in areas where the projected noise levels exceed sixty-five (65) CNEL shall provide mitigation measures (which may include noise barriers, setbacks, and site design) for new residences to reduce outdoor noise levels to sixty-five (65) CNEL, based on future traffic conditions. This requirement applies to rear yard areas for single-family developments, and to private open space and common recreational and open space areas for multifamily developments.

The buyer and renter notification program for new residential units shall be required, where appropriate, to educate and inform potential buyers and renters of the sources of noise in the area and/or new sources of noise that may occur in the future. As determined by the review authority, notification may be appropriate in the following areas:

Private schools, childcare centers, senior housing, and other noise sensitive uses in areas where the ambient noise level exceeds sixty-five (65) dBA (day) shall provide mitigation measures to reduce interior noise to acceptable levels.

Appropriate noise buffering between commercial or industrial uses and residential neighborhoods and other sensitive uses shall be installed as required by the review authority.

The review authority may require adequate setbacks from major and secondary highways for sensitive receptors and sensitive uses, so as to minimize impacts on these individuals and uses from noise and air pollution caused by truck traffic.

The City lies in the Santa Clarita Valley, the beauty and natural setting of which is greatly enhanced by the presence of large numbers of majestic oak trees. These indigenous oak trees are recognized for their significant historical, aesthetic and environmental value. They are indicator species for the natural communities in which they exist, supporting a broad spectrum of other native plant and animal species. As one of the most picturesque trees in the Southern California area, they lend beauty and charm to the landscape, enhance the value of property, and preserve the character of the communities in which they exist. Development within the Santa Clarita Valley has resulted in the removal of a great number of oak trees. Further uncontrolled and indiscriminate destruction of this diminishing plant heritage would detrimentally affect the general health, safety and welfare of the citizens of Santa Clarita. The preservation program outlined in this section contributes to the welfare and aesthetics of the community and retains the great historical and environmental value of these trees. It shall be the policy of the City to require the preservation of all healthy oak trees unless compelling reasons justify the removal of such trees. This policy shall apply to the removal, pruning, cutting and/or encroachment into the protected zone of oak trees. The Director, in conjunction with the City's oak tree arborist as necessary, shall have the primary and overall responsibility to administer, evaluate and monitor this policy to assure strict compliance. Additional policy and standards shall be as set forth in the City's Oak Tree Preservation and Protection Guidelines following adoption by the Council. Any person who owns, controls, has custody or possession of any real property within the City shall make a reasonable effort to maintain all oak tree(s) located thereon in a state of good health. Failure to do so will constitute a violation of this section.

Definitions.

Oak Tree Permit Submittal Requirements. The applicant shall be required to furnish all necessary information as determined by the Director together with the appropriate fee as established by Council resolution. Application materials shall include, but not be limited to, an oak tree report conforming to the Director's specifications, a survey of the tree, its dripline and protected zone location, and illustrations and justifications of the proposal and tree tagging unless waived by the Director.

Exemptions. Notwithstanding the provisions of this code, a permit is not required under the following circumstances:

Conditions. Conditions may be imposed on the permit at the discretion of the approving authority, including, but not limited to, any of the following:

Any person who owns and/or cuts, damages, moves or removes any oak tree within the City, unlawfully encroaches into the protected zone of an oak tree or who fails to comply with conditions of approval or pay required fees or does any other act in violation of this section or a permit issued pursuant hereto shall be guilty of a misdemeanor.

In addition to the penalty described in subsection (E)(1) of this section, the Director may suspend an oak tree permit or building permit if he determines that the permittee or owner of the real property which is the subject of the permit, or one (1) or more of their agents, has violated a condition of approval of an oak tree permit issued pursuant hereto or has violated any provision of this section. The Director's determination to suspend a permit shall be subject to appeal as provided in this code.

In addition to the penalties described in subsections (E)(1) and (2) of this section, any person who violates this section is responsible for proper restitution and may be required to replace the oak tree(s) so removed or damaged, by the donation of or by replanting one (1) or more oak trees of reasonable equivalent size and value to the tree(s) damaged or removed. The number, size and location of said equivalent replacement oak tree(s) shall be to the satisfaction of the Director.

Permit reasonable uses of outdoor lighting for night-time safety, utility, security, productivity, enjoyment, and commerce.

Conserve energy and resources to the greatest extent possible.

Minimize adverse off-site light trespass and/or obtrusive light.

Reduce light pollution and preserve the nighttime environment.

Protect the natural environment and the general public health, safety and welfare from the adverse effects of excessive night lighting from electric sources.

New Lighting. Unless otherwise expressly stated, this section shall apply to all new outdoor lighting. Outdoor lighting includes, but is not limited to, all lighting fixtures attached to buildings, structures, poles, or self-supporting structures and may be found on parking lots, walkways, building entrances, outdoor or exterior sales areas, landscaping, recreational fields, and building facades.

Replacement Lighting. Unless otherwise expressly stated, the standards of this section apply whenever additions or replacements to existing outdoor lighting are installed, including upgrades and/or replacements to damaged or destroyed fixtures.

Lighting fixtures within the public right-of-way.

Lighting required by a health or life safety statute, ordinance, or regulation, including, but not limited to, emergency lighting required by the Occupational Safety and Health Administration.

Temporary lighting used by law enforcement or emergency services personnel to protect life or property.

Temporary lighting used for the construction or repair of roadways, utilities, and other public infrastructure.

Lighting used in, or for the purpose of, lighting swimming pools, hot tubs, decorative fountains, and other water features, subject to Article 680 of the California Electrical Code.

Temporary lighting for activities permitted by a temporary use permit.

Sign lighting (refer to Section 17.51.080 (Sign Regulations (Private Property))).

All outdoor light fixtures producing light directly by combustion of fossil fuels, such as kerosene lanterns, tiki torches, or gas lamps.

Spotlights and flood lighting is permitted for the purpose of emphasizing architectural accents or details on buildings, sculptures, or landscaping, as long as such lighting does not create light trespass or obtrusive light. Such lighting shall be prohibited between the hours of midnight and sunrise if projected above the horizon.

Lighting for public and/or private facilities which are thirty-five (35) feet in height or less including but not limited to prisons, airports, sports fields/playfields, helipads/heliports, and hospitals.

Lighting for public facilities including, but not limited to, sports fields/playfields, community centers and other facilities for public assembly, that are owned and operated by the City of Santa Clarita and that exceed thirty-five (35) feet in height shall be subject to an administrative permit (refer to Section 17.23.100 (Administrative Permit)) and be subject to lighting standards provided for in subsection (D) of this section with a further requirement for a photometric study and renderings of the project.

General Requirements.

Requirements for Commercial, Industrial, and Mixed Uses. All lighting shall comply with the following:

Requirements for Residential Sports Courts.

Prohibitions. The following lighting fixtures and systems shall be prohibited:

Maintenance. Outdoor lighting fixtures and lamps shall be maintained in good working order.

Modifications. Modifications to the standards in this section shall be approved through Section 17.24.120 (Minor Use Permit).

The provisions of this section shall apply at the time a building or structure is erected, altered, or enlarged, or when the use and/or occupant load of a building or structure is changed. Alterations, enlargements, increases, additions, modifications or any similar changes to uses, buildings, or structures nonconforming due to parking shall comply with Chapter 17.05 (Legal Nonconforming Uses, Lots, and Structures).

In the case of mixed uses, the total number of parking spaces required shall be the sum of the requirements for the various uses computed separately. Required parking spaces for one (1) use shall not be considered required parking spaces for any other use unless allowed by a minor use permit in accordance with Section 17.24.120 (Minor Use Permit).

Parking spaces established by this section shall be improved as required by this section prior to occupancy of new buildings or structures, or occupancy of a new use in the case of an existing building or structure which has been altered or enlarged in accordance with subsection (B)(1) of this section.

The provisions of this section shall not apply to temporary parking facilities authorized by an approved temporary use permit, except where specifically required by the Director.

The provisions of this section in effect at the time of final approval of applications for conditional use permits, minor use permits, development review, and other similar zoning cases shall apply, unless new uses are proposed.

Except as provided in subsection (D)(2) of this section, space required by this section for parking shall either be the property of the owner of the premises, or the owner of the premises shall have the right to use such space for parking by virtue of a recorded lease. The lease shall require that upon expiration or cancellation the party using the parking spaces provided by the lease, prior to the effective date of such expiration or cancellation, shall notify the Director of such event. If the lease is canceled, expires, or is otherwise voided, other parking shall be provided in accordance with this section. If the required parking is not provided for any use covered by the former lease, such use shall be immediately terminated.

Ownership, or a recorded lease of required parking space, is not necessary if another alternative is specifically allowed by a minor use permit approved in accordance with Section 17.24.120 (Minor Use Permit).

Paving. Where access to a parking space or spaces is from a highway, street or alley which is paved with asphaltic or concrete surfacing, such parking areas, as well as the maneuvering areas and driveways used for access thereto, shall be paved with:

Marking of Spaces.

Wheel Stops. Wheel stops shall be provided for parking lots with a slope of more than three percent (3%), except that the installation of wheel stops is optional for parking stalls oriented at right angles to the direction of slope.

Slope. Parking lots shall not have a slope exceeding five percent (5%), except for access ramps or driveways which shall not exceed a slope of fifteen percent (15%).

Design.

Site Plans. A site plan shall be submitted to the Director to ensure that said use will properly comply with the provisions of this code.

Parking Structures.

Carports for Required Parking. All carports shall be subject to the following criteria:

Accessibility Requirements. Parking facilities shall be properly designed, constructed, and maintained to provide for access by the physically disabled from public rights-of-way, across intervening parking spaces, and into structures, including parking spaces specifically designed and located for the use of the disabled/handicapped. Standards for the facilities shall be based on the standards of the California Building Code (CBC) and other applicable guidelines.

Number, location of, and access to spaces required. Parking spaces for the disabled shall be provided in compliance with the California Building Code (CBC) and with the sign requirements of the California Vehicle Code, as applicable. Parking spaces required for the disabled shall count toward compliance with the number of off-street parking spaces required in Division 5 of this title (Use Classifications and Required Parking).

Parallel Parking Spaces. For commercial uses, parallel parking spaces shall not be permitted as required parking. For industrial and office uses, no more than twenty percent (20%) of the required number of parking spaces may be parallel parking spaces, with the approval of the Director. For multifamily residential uses parallel parking spaces shall be permitted. Where permitted, these parallel spaces shall have a minimum dimension of ten (10) feet by twenty (20) feet. Where an industrial or office use ceases to exist, the parallel spaces shall not be included in required parking.

Tandem Parking Spaces. With the exception of mobilehome parks, caretaker's residences, and second residential units, tandem parking spaces shall not be permitted as required parking areas. With the approval of a minor use permit, multifamily residential units are permitted to have tandem parking spaces in a twelve (12) foot by forty (40) foot enclosed garage with direct access to the residential units for which the parking is designated.

Number of Bicycle Spaces Required. A number of on-site parking spaces shall be provided in accordance with the California Green Building Standards Code.

Bicycle Parking Facilities. Parking facilities shall be conveniently located and may include the following:

Number of Spaces Required. A number of on-site parking spaces shall be provided in accordance with the California Green Building Standards Code.

Electric Vehicle Charging Stations. A number of on-site parking spaces shall be provided in accordance with the California Green Building Standards Code.

General Provisions.

Dimensional Requirements.

Number. Every nonresidential use shall provide sufficient on-site loading and unloading space as follows (required loading and unloading spaces for uses not specified below shall be determined by the Director):

Purpose. Off-street parking requirements are established to identify minimum parking requirements for specific use types. Additional parking may be required if deemed necessary by the Director.

Uses Not Specified. Where parking requirements for any uses are not specified, parking shall be provided in an amount which the Director finds adequate to prevent traffic congestion and excessive on-street parking. Whenever practical, such determination shall be based upon the requirements for the most comparable use specified in Division 5 of this title (Use Classifications and Required Parking).

Access to Parking Spaces for Nonresidential Uses. Parking spaces in multi-tenant commercial centers, office centers, industrial centers, and in all nonresidential developments shall not be assigned to specific businesses or tenants and shall remain available to all tenants within the center, unless otherwise permitted by the Director. The use of time limits for such parking spaces may be permitted.

Schedule of Off-Street Parking Requirements by Use Type. Specific use types shall provide the minimum number of parking spaces as indicated in Division 5 of this title (Use Classifications and Required Parking), Chapter 17.38 (Overlay Zones), and Chapter 17.55 (Property Development Standards—Mixed Use).

Shared Parking. Shared parking shall be allowed with approval of a minor use permit for shared parking agreements, pursuant to Section 17.24.120 (Minor Use Permit).

Reduction of Parking. Reduction in the number of parking spaces required by this code may be permitted by up to twenty percent (20%) with approval of a minor use permit. Parking reductions greater than twenty percent (20%) may be permitted subject to the approval of a minor use permit by the Commission. A request for a reduction of parking may be granted if the approving authority makes the findings pursuant to Section 17.24.120 (Minor Use Permit). The approving authority may also impose the following conditions of approval:

Transitional Parking. Transitional parking on property that is zoned residential or open space may be permitted with the approval of a minor use permit, pursuant to Section 17.24.120 (Minor Use Permit). Transitional parking shall be subject to the following:

Parking Within One-Half (1/2) Mile of a Major Transit Stop. Except as otherwise provided, parking standards established by this code for developments within one-half (1/2) mile of a major transit stop may not be imposed. Parking standards within one-half (1/2) mile of a major transit stop may, however, be imposed when the approving authority finds upon substantial evidence that failing to impose such parking standards would substantially impact (a) the City's ability to meet its share of housing for low and very low income households as established by the Housing Element of the General Plan; (b) the City's ability to meet special housing needs for the elderly or persons with disabilities; or (c) existing residential or commercial parking within one-half (1/2) mile of the project site. A request for a reduction in the number of parking spaces required by this code and all specific and corridor plans identified in this code is subject to the following requirements:

The parking of any commercial vehicle, as defined in the Vehicle Code, having a gross vehicle weight (GVW) of greater than twelve thousand (12,000) pounds, on any property zoned for residential uses, is prohibited, with the exception of the following:

Valet parking may be approved for commercially zoned properties pursuant to Section 17.23.100 (Administrative Permit) subject to the following:

Permit Does Not Run with the Land. A request for valet parking is valid as long as the specific land use(s) remains the same as at the time of permit issuance, including, but not limited to, tenancy, hours of operation, services or goods offered and mix of activities within the use. The permit does not run with the land.

Bond or Assignment of Savings and Loan Certificates or Shares Required When. When one (1) or more conditions are attached to any grant, modification or appeal of a zone change, permit, variance or other use or structure review, the review authority may require the owners of the property to which such approval applies to file a surety bond or corporate surety bond, or to deposit money, savings and loan certificates or shares with the Council in a prescribed amount for the purpose of guaranteeing the faithful performance of conditions placed on the approval.

Procedure for Assignment of Savings and Loan Certificates or Shares. Where savings and loan certificates or shares are deposited, they shall be assigned to the City subject to all provisions of the Municipal Code.

Insurance Required When—Exceptions. The review authority may also require the owners of the property to which such approval applies to file a policy of insurance equal in amount to the amount of the required bond or deposit, insuring all persons against any injury or annoyance arising from the breach of such conditions unless:

Continuation of Existing Law. The provisions of this code, as long as they are substantially the same as the provisions of any ordinance, or portions of any ordinance repealed by provisions codified in this section, shall be construed as restatements and continuations of these ordinances, and not as new enactments.

Zone Exception—Deemed Variance When. Where a zone exception granted by action of the Los Angeles County prior to November 5, 1971, may be granted as a variance under the present provisions of this code, it shall be deemed a variance.

Zone Exception—Considered Nonconforming Use When. In all cases other than as provided in subsection (B)(4) of this section, where a zone exception was granted by action of the review authority prior to November 5, 1971, such use shall be considered a nonconforming use under the provisions of this code, provided:

Zone Exception Considered Conditional Use. Notwithstanding the provisions of subsection (B)(3) of this section, where a zone exception, granted by action of Los Angeles County prior to November 5, 1971, may be granted as a Class IV application under the present provisions of this code, it shall be deemed a Class IV permit.

Rights Under Existing Approval Not Affected. No rights given by any permit, license or other approval under any ordinance repealed by the provisions of this section are affected by such repeal, but such rights shall hereafter be exercised according to the provisions of this code.

Convictions for Crimes. Any conviction for a crime under any ordinance which is repealed by this section, which crime is continued as a public offense by this code, constitutes a conviction under this code for any purpose for which it constituted a conviction under such repealed ordinance.

Repeal Does Not Revive Any Ordinance. The repeal of any ordinance amending this code shall not revive any amendment adopted prior to the repealed ordinance amendment.

Purpose. Except as otherwise provided in this code, a building or structure shall not be used on any lot or parcel of land any portion of which abuts upon an alley, street or highway unless the one-half (1/2) of the alley, street or highway which is located on the same side of the centerline as such lot or parcel of land has been dedicated and improved as provided in this section.

Exemptions—Existing Buildings and Structures. This section shall not apply to the use, alteration or enlargement of an existing building or structure, or the erection of one (1) or more buildings or structures accessory thereto, or both, on the same lot or parcel of land, if the total value of such alteration, enlargement, or construction does not exceed one-half (1/2) of the current market value of all existing buildings or structures on such lot or parcel of land as determined by the Building Official.

Exceptions—Proposed Buildings or Structures. This section shall not apply to the following buildings or structures:

Major Bridge and Thoroughfare Fees. Except as otherwise provided in subsection (C)(2) of this section, a building or structure shall not be used on any lot or parcel of land, any portion of which is located within a bridge or major thoroughfare district established pursuant to Section 17.51.010(D) (Major Bridge and Thoroughfare Fees) unless the required district fee has been paid as a condition of issuing a building permit.

Dedication Standards. Alleys, streets and highways shall be dedicated to the width from the centerline specified in this code, and including corner cutoffs specified in Section 16.11.030 (Right-of-Way) except that dedication in any case shall not be required to such an extent as to reduce the area or width of any lot or parcel of land to less than that specified in this code unless approved by Section 17.24.100 (Adjustments) or Section 17.25.120 (Variances).

Improvements. Before a structure subject to the provisions of this section may be used, curbs, gutters, sidewalks, base, pavement, street lights, street trees and drainage structures, where required, shall be constructed at the grade and at the location specified by the City Engineer, unless there already exists within the present right-of-way, or on property the owner has agreed to dedicate, curbs, gutters, sidewalks, base, pavement, street lights, street trees or drainage structures which are adequate, and the City Engineer so finds. Sidewalks shall be not less than four (4) feet in width unless the available portion of the highway or street is less, in which case they shall be the width specified by the City Engineer. Curbs, gutters, drainage structures, base, pavement, street lights, street trees and sidewalks shall comply with the standards of the City Engineer. All construction within the existing or proposed road right-of-way shall be done under provisions of Title 13.

Agreement to Dedicate. In lieu of dedication, the City Engineer may accept an agreement to dedicate signed by all persons having any right, title or interest in the property, or any portion thereof, to be dedicated. The signatures on such agreement shall be acknowledged, and the City Engineer shall record such agreement with the County Recorder.

Agreement to Improve—Contents—Completion of Work by City Authorized When—Costs.

Modifications.

Intersection Improvements. All major to major highway intersections and major to secondary highway intersections impacted by development shall be augmented to provide additional capacity as required by the City Engineer.

Where private streets are included as part of new commercial, industrial, or multifamily residential development, the private streets shall be constructed to the same standards as public streets, except as otherwise approved by the review authority.

A developer, as a condition of issuance of a building occupancy permit, shall update the traffic signal timing at all signalized locations determined by the City Engineer to experience significant changes in vehicular volumes and/or travel patterns due to said project. At the discretion of the City Engineer, in lieu of updating the traffic signal timing, the developer shall pay a fee in accordance with the City's current fee schedule established by Council. Such fee shall be separate and apart from any other fee collected or imposed by any other City ordinance or regulation.

Regulate signs located on private property within the City and on property owned by public agencies other than the City and over which the City has zoning and land use regulatory power.

Implement the City's community design and safety standards as set forth in the City's General Plan, specific plans, special standards districts, City Beautification Master Plan, City Community Character and Design Guidelines and Municipal Code.

Maintain and enhance the City's appearance by regulating the design, character, location, number, type, quality of materials, size, illumination and maintenance of signs.

Serve the City's interests in maintaining and enhancing its visual appeal for residents, tourists and other visitors by preventing the degradation of visual quality which can result from excessive and poorly designed, located or maintained signage.

Generally limit commercial signage to on-site locations in order to protect the aesthetic environment from the visual clutter associated with the unrestricted proliferation of signs, while providing channels of communication to the public.

Limit the size and number of signs to levels that reasonably allow for the identification of a residential, public or commercial location and the nature of any such commercial business.

Encourage signs that are appropriate to the zoning district in which they are located and consistent with the permitted uses of the subject property.

Establish sign sizes in relationship to the scale of the lot and building on which the sign is to be placed or to which it pertains.

Minimize the possible adverse effects of signs on nearby public and private property, including streets, roads and highways.

Protect the investments in property and lifestyle quality made by persons who choose to live, work or do business in the City.

Protect and improve pedestrian and vehicular traffic safety by balancing the need for signs that facilitate the safe and smooth flow of traffic (e.g., directional signs and on-site signs) without an excess of signage which may distract drivers or overload their capacity to quickly receive information.

Reduce hazardous situations, confusion and visual clutter caused by the proliferation, placement, illumination, animation and excessive height, area and bulk of signs which compete for the attention of pedestrian and vehicular traffic.

Regulate signs in a manner so as to not physically interfere with or obstruct the vision of pedestrian or vehicular traffic.

Avoid unnecessary and time-consuming approval requirements for certain minor or temporary signs that do not require review for compliance with the City's Building and Electrical Codes while limiting the size and number of such signs so as to minimize visual clutter.

Respect and protect the right of free speech by sign display, while reasonably regulating the structural, locational and other noncommunicative aspects of signs, generally for the public health, safety, welfare and specifically to serve the public interests in community aesthetics and traffic and pedestrian safety.

Enable the fair, consistent and efficient enforcement of the sign regulations of the City.

Regulate signs in a constitutional manner, which is content-neutral as to noncommercial signs and viewpoint-neutral as to commercial signs. All administrative interpretations and discretion is to be exercised in light of this policy and consistent with the purposes and intent stated in this section.

Sign Approval Required. Except as otherwise expressly provided in this section, it is unlawful for any person to place, erect, structurally or electrically alter (not including a change in sign copy or sign face), move or display any temporary or permanent sign without first obtaining a sign approval from the Planning Division in accordance with the provisions of this section. No sign approval is required for cleaning or other normal maintenance of a properly approved sign, unless a structural or electrical change is made. The following signs do not require sign approval; provided, however, that each such sign shall comply with all applicable requirements of this section:

Owner's Consent Required. The consent of the property owner or person in control or possession of the property is required before any sign may be erected on any private property within the City.

Noncommercial Signs. Noncommercial signs are allowed wherever commercial signage is permitted and are subject to the same standards and total maximum allowances per site or building of each sign type specified in this section. An approval is required for a permanent noncommercial sign only when a permanent commercial sign has not been previously approved. For purposes of this section, all noncommercial speech messages are deemed to be "on site," regardless of location.

Substitution of Noncommercial Message. Subject to the consent of the property owner or person in control or possession of the property, a noncommercial message of any type may be substituted for all or part of the commercial or noncommercial message on any sign allowed under this section. No special or additional approval is required to substitute a noncommercial message for any other message on an allowable sign, provided the sign structure is already approved or exempt from the approval requirement and no structural or electrical change is made. When a noncommercial message is substituted for any other message, however, the sign is still subject to the same design, locational and structural regulations (e.g., color, materials, size, height, illumination, maintenance, duration of display, etc.), as well as all Building and Electrical Code requirements, as would apply if the sign were used to display a commercial message. In the event of any perceived or actual conflict between the general provisions of this subsection and any other specific provisions in this section, the provisions of this subsection shall prevail.

Substitution of Commercial Messages. The substitution of one commercial message for another commercial message is not automatically allowed, nor is the free substitution of a commercial message in a place where only a noncommercial message is allowed. In addition, no off-site commercial messages may be substituted for on-site commercial messages.

Legal Nature of Sign Rights and Duties. All rights, duties and responsibilities related to permanent signs attach to the land on which the sign is erected or displayed and run with the land or personal property. The City may demand compliance with this section and with the terms of any sign permit from the permit holder, the owner of the sign, the property owner or person in control or possession of the property, or the person erecting the sign.

Outdoor Advertising Act. With respect to any proposed sign that constitutes an "advertising display" as defined by California Business and Professions Code Section 5202, and is intended to be placed or maintained within six hundred sixty (660) feet from the edge of the right-of-way of any interstate or primary highway and the copy of which shall be visible from such interstate or primary highway, the applicant must submit reasonable evidence demonstrating compliance with or exemption from the regulations of the Outdoor Advertising Act (California Business and Professions Code Sections 5200 et seq.).

Purpose. The purpose of a sign permit is to help ensure compliance with the provisions of this title and section, in particular, the provisions regulating the design, illumination, location, materials, number, size and type of sign.

General Sign Approval Process. Where specifically required by this section, the application for a sign approval must be made in writing to the Planning Division. The application must contain the following information and items:

Sign Review—Enhanced Signage. In addition to the standard signage permitted on all properties in accordance with the zoning and use of such property, applicants seeking sign permits for uses such as shopping centers, multi-tenant buildings and other structures or properties with additional signage needs including, but not limited to, properties that are irregularly shaped, large or have poor street visibility, may apply for the approval of signage not otherwise permitted under this section or which exceeds the standard regulations for signs set forth elsewhere in this section.

Master Sign Plans. Shopping centers containing five (5) tenants or more shall prepare a master sign plan for a unified design theme for the center that furthers the architectural theme for the center. This plan is subject to sign review for enhanced signage for conformance with this section and the code. All signs in the center shall thereafter conform to such master sign plan or any master sign plan modification subsequently approved by the Director, provided such signage otherwise complies with this section.

Display of Sign Permit Number Required. The sign permit number must be affixed to each approved sign so that the approval of the sign can be verified by field inspection. The permit number must be easily readable from ground level but does not have to be part of the sign face.

Revocation of a Sign Permit. Subject to subsection (X) of this section (Appeals), the Director may revoke any permit approval upon refusal of the permit holder to comply with the provisions of this section after written notice of noncompliance and at least fifteen (15) days' opportunity to cure.

Location Standards.

Sign Height. For freestanding signs, height shall be measured using the greatest vertical measurement from grade level along the base of the sign structure to the highest point of the sign. Sign height shall be measured from the elevation of the top of the curb fronting such sign when within ten (10) feet of a street property line. When a sign is set back from a property line more than ten (10) feet, sign height shall be measured from the elevation of the ground level surrounding the base of the sign.

Sign Area. The surface area of any sign face shall be computed from the smallest rectangles, circles or triangles which will enclose all words, letters, figures, symbols, designs and pictures, together with all framing, background material, colored or illuminated areas, and attention-attracting devices forming an integral part of the overall display, but excluding all support structures, except that:

Materials and Colors. All permanent signs shall be constructed of durable materials that are compatible in appearance to the building supporting or identified by the sign. Such materials may include, but are not limited to: ceramic tile; sandblasted, hand-carved or routed wood; channel lettering; or concrete, stucco or stone monument signs with recessed or raised lettering. Sign colors and materials should be selected to be compatible with the existing building designs and should contribute to legibility and design integrity.

Relationship to Buildings. Each permanent sign located upon a site with more than one (1) main building, such as a commercial, mixed use, office or industrial project, shall be designed to incorporate the materials common or similar to all buildings.

Relationship to Other Signs. Where there is more than one (1) sign on a site or building, all permanent signs shall have designs that similarly treat or incorporate the following design elements:

Notwithstanding the provisions of this section, the Commission, after public hearing and notice pursuant to the provisions of this code, has the authority to establish special signage districts with specific design standards to enable reasonable flexibility for unique circumstances and special design themes.

Sign Illumination. Illumination from or upon any sign shall be shaded, shielded, directed or reduced so as to minimize light spillage onto the public right-of-way or adjacent properties, and in no event shall illumination be permitted to cause such excessive glare as to constitute a potential hazard to traffic safety. Externally illuminated signs shall be lighted by screened or hidden light sources.

Construction. Every sign, and all parts, portions and materials thereof, shall be manufactured, assembled and erected in compliance with all applicable State, Federal and City regulations including the City's Building Code and Electrical Code.

Maintenance. Every sign and all parts, portions and materials shall be maintained in good repair. The display surface of all signs shall be kept clean, neatly painted and free from rust, cracking, peeling, corrosion or other states of disrepair. The exposed back of any sign must be suitably covered.

Restoration of Building or Property. Within thirty (30) days of the removal of a sign from a building wall or from the grounds of the premises if a freestanding sign, the wall of the building or the grounds of the premises shall be repaired and restored to remove any visible damage or blemish left by the removal of the sign.

Number and Area.

Lighting. Building identification signs may be internally or externally lighted, subject to the following:

Sign Copy. Only individual letters of a business name or individual letters and adjacent logo may be permitted. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited.

Number and Area.

Height. Freestanding construction signs shall not exceed the following heights:

Location. Construction signs shall be maintained only upon the site of the building or structure under construction, alteration or in process of removal.

Lighting.

Time Limit. All construction signs shall be removed from the premises within thirty (30) days after the completion of construction, alteration or removal of the structure.

Sign Copy. Names of owners, lenders, contractors, architects, engineers, future tenants and others associated with a construction project may be permitted. No other advertising matter may be permitted.

Sign Review for Enhanced Signage. In the R and OS zones, an application for a sign review for enhanced signage must be submitted and approved prior to the placement of any directional or informational signs. In addition to the findings generally required for sign review for enhanced signage, approval of such signs shall be contingent upon the additional finding that the geographic location of or access route to the use identified creates a need for any directional or informational signs not satisfied by other signs permitted by this section.

Area.

Height.

Location.

Lighting.

Sign Copy. Name of business, organization, service and information providing direction may be permitted. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited.

Each business establishment may be permitted an incidental business sign provided:

This provision shall not be interpreted to prohibit the use of similar signs of a larger size or in greater numbers where otherwise permitted by this code or computed as part of the sign area permitted for commercial signs provided in this section.

Sign Copy. Name of incidental businesses indicating credit cards accepted, trading stamps offered, trade affiliations, and similar matter may be permitted.

Number.

Area.

Height.

Location.

Lighting.

Multiple-Tenant Signs. Monument signs displaying five (5) or more tenants per sign face are permitted pursuant to a master sign plan.

Address. Monument signs shall clearly show the property address with letter sizes not to exceed eight (8) inches in height.

Sign Copy. Only the name and/or symbol of the development (or name of retail/office center and on-site businesses or organizations) and addresses may be permitted. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited.

Number.