A.    Purpose. This chapter expands upon the zoning district development standards of Article 2 (Zones, Permitted Land Uses, and Zoning Standards) by addressing additional details of site planning, project design, and the operation of land uses. These standards are intended to ensure that proposed development is compatible with existing and future development on neighboring properties, and is consistent with the General Plan and any applicable specific plan.

B.    Applicability. The requirements of this chapter shall apply to all proposed development and new land uses, except as specified in Chapter 17.72 (Nonconforming Uses, Structures, and Parcels), and shall be considered in combination with the standards for the applicable zoning district in Article 2 (Zones, Permitted Land Uses, and Zoning Standards) and those in Article 4 (Standards for Specific Land Uses). If there is a conflict, the standards in Article 4 shall control.

A.    Applicability. The requirements of this section apply to all fences, walls, hedges, and screening unless otherwise stated.

B.    Height limits. Each fence, wall, and hedge shall comply with the following height limits; provided, that no fence, hedge, or wall shall be constructed so that it interferes with the provision of adequate air and light on an abutting parcel:

1.    Residential uses. Each fence, wall, and hedge, or combination thereof, on the site of a residential use shall comply with the height limits shown in Table 3-1.

2.    Nonresidential uses. Each fence, wall, and hedge, or combination thereof, on the site of a nonresidential use shall comply with the height limits shown in Table 3-2.

a.    A fence, wall, or hedge placed along the front or street side property line or within 10 feet of the front or street side property line of a nonresidential use may be allowed, subject to Board of Architectural Review approval, in accordance with Section 17.62.030 (Architectural Review).

b.    Exception: A fence or wall not more than eight feet in height may be allowed to fully enclose a public utility or private recreation facility, when approved by the Zoning Administrator.

Figure 3-1 – Permitted Fence Heights

C.    Measurement of fence and wall height.

1.    Fence and wall height shall be measured as the vertical distance, relative to an imaginary plane parallel to the length of the fence or wall, between the finished grade at the base of the fence or wall and the top edge of the fence or wall material.

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

3.    The height of a fence that is placed atop a retaining wall on a side or rear property line shall comply with the height limitations specified under Subsection D.3 of this section.

4.    If necessary, measurement of the height or location of the grade on which a fence or wall is proposed may be determined by the Zoning Administrator and/or by topographical survey and not be artificially raised or lowered to affect an allowed structure height.

D.    Specific fence and wall requirements.

1.    Fencing between different land uses. Fencing between different land uses shall be provided in compliance with Subsection G of this section (Screening requirements).

2.    Outdoor equipment, storage, and work areas. Screening of nonresidential outdoor uses and equipment adjacent to a residential use shall be provided in compliance with Subsection G of this section (Screening requirements).

3.    Retaining walls.

a.    Any embankment to be retained that is greater than four feet in height shall be benched so that no individual retaining wall exceeds a height of three feet, and each bench is a minimum width of three feet. Any fencing associated with a benched retaining wall shall be set back from the retaining wall a minimum of three feet (see Figure 3-2, Fence Height).

b.    A fence placed directly atop a retaining wall on a side and rear property line that is proposed to retain an embankment of three feet or less shall conform to the maximum allowable height as identified under Table 3-1 or 3-2, measured from the base of the wall at the lowest grade to the top of the fence. Any fencing proposed to be placed directly atop a retaining wall that is proposed to retain an embankment of greater than three feet which exceeds a maximum height of eight feet as measured from the lowest grade must receive the approval of a fence exception under Subsection F of this section.

4.    Fence or wall design within the front setback. When a fence or wall is located within the front property setback of a residential zone, the fence or wall shall be constructed of visually permeable or aesthetically pleasing materials and constructed of such materials that minimize excessive bulk and mass impacts to the public street.

5.    Swimming pools, spas, and similar features. Swimming pools, spas, and similar water features shall be fenced in compliance with California Building Code (CBC) requirements, regardless of the requirements of this section.

6.    Temporary fencing. Temporary fencing may be necessary to protect archaeological or historic resources, trees, or other similar sensitive features during site preparation and construction. Temporary fencing shall be approved by the Zoning Administrator, may include prohibited fence materials listed in Subsection E of this section (Prohibited materials), and may exceed the maximum fence heights of Subsection B of this section (Height limits).

E.    Prohibited materials. The following fence materials are prohibited unless approved by the Zoning Administrator for special security needs or as required by a City, state, or federal law or regulation:

1.    Barbed wire, barbed wire or broken glass on fences, or electrified wire fence;

2.    Razor or concertina wire in conjunction with a fence or wall, or by itself within any zone;

3.    Chain link fencing within the front and street side yards in any zone; and

4.    Other materials designed to inflict injury.

F.    Fence, wall, and hedge exceptions.

1.    Where a physical hardship exists because of unique or unusual topographic conditions or structure location a fence, wall, and/or hedge that exceeds the maximum standards of this Zoning Code may be allowed subject to approval of a variance.

2.    In addition to those findings specified in Section 17.62.080.E, the approval of a fence, wall, or hedge exception shall require that the review authority first make all of the following findings:

a.    A general or traffic-related safety hazard to City residents and/or the general public would not be created;

b.    The fence or wall will not impair visibility at an intersection or traffic safety visibility area nor obstruct vision from an adjoining driveway;

c.    The fence or wall is compatible with the surrounding neighborhood.

3.    The review authority may approve, modify, or deny an application for an exception and apply reasonable conditions as necessary to ensure the public health, safety, and welfare.

G.    Screening requirements. This subsection provides standards for the screening and buffering of adjoining land uses, equipment and outdoor storage areas, and surface parking areas with respect to multi-family and nonresidential land uses.

1.    Screening between different land uses.

a.    For purposes of this subsection, screening means the provision of a minimum six-foot-wide living or nonliving landscaped buffer designed to diffuse glare, noise, and/or negative visual impacts (see Figure 3-3).

b.    An opaque screen consisting of plant material and a masonry wall six feet in height shall be installed and maintained along parcel boundaries whenever a nonresidential use immediately adjoins a residential zone and is not separated by an alley. Pedestrian access gates may be provided between the nonresidential properties and abutting common open area within residential developments. The masonry wall shall be architecturally treated on both sides, subject to the approval of the Board of Architectural Review. Architectural treatment may include exterior colors and finishes, massing and facial articulation, or intentionally vegetated.

c.    Whenever required screening is located adjacent to parking areas or driveways, the screening shall be installed in compliance with Subsection 17.34.110.E (Landscaping of parking lots).

2.    Mechanical equipment.

a.    Roof- or ground-mounted mechanical equipment (e.g., air conditioning, heating, ventilation ducts and exhaust, water heaters, etc.), loading docks, service yards, waste and storage areas, and utility services shall be screened from public view from abutting public streets and rights-of-way, and abutting areas zoned for residential or open space uses, including views from above the subject project.

b.    The method of screening shall be architecturally compatible with other site development in terms of colors, materials, and architectural style subject to approval by the Board of Architectural Review.

c.    The screening design/construction shall be subject to the approval of the Board of Architectural Review, and shall blend with the design of the structure(s) and include appropriately installed and maintained landscaping when on the ground. Mitigation of noise to surrounding land uses shall be a primary consideration by the board in the approval of ground- or roof-mounted mechanical equipment screening.

3.    Outdoor building and garden supply areas. Land uses that include outdoor building and garden supply areas shall be screened with walls, fencing, landscaping, or similar material to minimize visibility of the storage area from public viewpoints with a minimum height of six feet.

4.    Outdoor storage and work yards. Land uses that include outdoor storage of materials, or operations, shall comply with the following screening requirements:

a.    Outside storage and work yards shall have an opaque wall not less than six feet, or greater than eight feet, in height, of a type and design approved in advance of construction by the Board of Architectural Review. The wall shall include sight-obscuring gates. The wall shall include sight-obscuring gates. The wall and gate(s) shall be maintained to continuously conform to the requirements of the Board of Architectural Review.

b.    Site operations in conjunction with the outdoor uses, including the loading and unloading of materials and equipment, shall be conducted entirely within a walled/screened area and/or loading berth.

c.    Section 8.12.010 (Screening specifications – Applicability) of the Seaside Municipal Code. (Ord. 2027 § 2 (Exh. A §§ 7, 8), 2024; Ord. 1025 § 8, 2015)

A.    Purpose. This section describes the required methods for measuring the height of structures in compliance with the height limits established by this Zoning Ordinance, and exceptions to those height limits.

B.    Maximum height of structures. The height of each structure shall not exceed the height limit established for the applicable zone by Article 2 (Zones, Permitted Land Uses, and Zoning Standards), except as otherwise provided by this section, or by Article 4 (Standards for Specific Land Uses).

C.    Height measurement.

1.    The maximum allowable height shall be measured as the vertical distance from the existing grade of the site to an imaginary plane located the allowed number of feet above and parallel to the grade (see Figure 3-4).

2.    The location of existing grade shall:

a.    Be determined by the Zoning Administrator and may include the use of a topographical survey; and

b.    Not be artificially raised to gain additional structure height.

Figure 3-4 – Height measurement

D.    Exceptions to height limits.

1.    Architectural features. The height limitations established as development standards by this Zoning Ordinance (e.g., Tables 2-3 and 2-6) shall not apply to belfries, chimneys, church spires, cupolas and domes, distribution and transmission towers, flag poles, lines and poles, monuments, observation towers, radio towers, silos, smokestacks, television antennas, and masts and aerials, water towers, and windmills (see Figure 3-5 (Height Exceptions for Architectural Features) for examples).

Figure 3-5 – Height Exceptions for Architectural Features

2.    Commission review and approval. In any residential zone, or in any zone that abuts a residential use, the construction or placement of any architectural feature identified in Subsection D.1 of this section shall, upon the recommendation of the Zoning Administrator, be subject to review and approval of a Use Permit by the Commission, in compliance with Section 17.62.070 (Use Permit and Minor Use Permit) for a height above 30 feet.

3.    Board of Architectural Review approval. Either the Zoning Administrator or the Commission may refer an application for an architectural feature identified in Subsection D.1 of this section to the Board of Architectural Review for review and recommendation of appropriate height limits and design.

4.    Federal Communications Commission approval. Approval of any type of transmitting radio, television, or other antenna, except satellite dish antenna, shall require approval of the Federal Communications Commission (FCC) before installation of the antenna.

E.    Height limit within traffic safety visibility areas. Development proposed adjacent to any public or private street or alley intersection, or the intersection of a driveway with a street shall be designed to provide a traffic safety visibility area for pedestrian and traffic safety as depicted in Figure 3-6 (Required Traffic Safety Visibility Area).

1.    Height limit. No structure, sign, or landscape element shall exceed the maximum height within the traffic safety visibility area as established by Table 3-1 or 3-2 under Section 17.30.020, unless approved by the Zoning Administrator, in consultation with the City Engineer.

a.    Exception: Trees with the bottom canopy trimmed to a minimum of six feet above grade may be placed within the traffic safety visibility area.

b.    Exception: Pole signs with a clearance of at least six feet measured from grade to bottom of sign cabinet.

2.        Measurement of visibility area. A traffic safety visibility area is a triangle measured as follows, and may include private property and/or public rights-of-way (see Figure 3-6).

a.    Street intersections. The street visibility area shall be defined by measuring 30 feet from the intersection of the front and street side property lines, and connecting the lines across the property.

b.    Driveways. The driveway visibility area shall be defined by measuring 15 feet along the driveway from the intersection of the driveway with the street right-of-way line, and 15 feet along the street line, away from the driveway, and connecting the lines across the intervening property.

(Ord. 1025 § 9, 2015)

A.    Purpose. The purpose of this section is to improve the physical appearance of property within the City, and to provide appropriate landscape buffers where necessary.

B.    Landscaping required. All parts of a parcel not devoted to decks, patios, structures, and similar improvements, driveway and/or parking improvements, lighting, sidewalks, signs, and solid waste/recyclable materials collection and storage shall be landscaped in compliance with this section and this Zoning Ordinance. For purposes of this chapter, landscaped area shall be defined under the “Landscaping Standards” definitions of Article 7 (Glossary).

1.    To conserve water, the installation of water-efficient and/or drought-tolerant landscape materials is strongly encouraged. Where projects are subject to the state Model Water Efficient Landscape Ordinance (Title 23 California Code of Regulations Section 490 et seq.), drought-tolerant and water-efficient landscaping and irrigation systems shall be installed in compliance with the provisions of the model ordinance.

2.    New hardscapes installed on a site as part of a development project not included as pervious site landscaping should be designed as semi-impervious hardscape or direct stormwater runoff to retention or infiltration points on the site.

C.    Landscaping standards.

1.    Minimum dimensions. Each area of landscaping shall have a minimum interior width of five feet within the residential and commercial zones.

a.    These dimensions may be reduced where the review authority determines they are infeasible because of limited site area.

b.    Wherever this Zoning Ordinance requires a landscaped area of a specified width, the width shall be measured within any curb or wall bordering the landscaping area.

2.    Protective curbing. Required landscaping shall be protected with a minimum six-inch-high concrete curb, except where adjacent to sidewalks, unimproved paths, bioswales or other low-impact development features, bicycle paths, or where otherwise deemed unnecessary by the Zoning Administrator to allow for stormwater discharge into landscaping areas.

3.    Safety requirements. Landscape materials shall be located so that at maturity they do not:

a.    Interfere with safe sight distances for bicycle, pedestrian, or vehicular traffic;

b.    Conflict with overhead lights, utility lines, or walkway lights; or

c.    Block bicycle or pedestrian ways.

4.    Lawns. Lawns shall be limited to 50 percent of the total landscaped area on the site except where the applicant provides evidence, approved by the Board of Architectural Review, which demonstrates that the irrigation requirements of a larger lawn area will not exceed standard low water usage as established by the designated water district regulations for the site.

a.    Lawns shall be prohibited:

(1)    In any area of five feet or less in width; or

(2)    On any slope exceeding 10 percent (25 percent, where other project water-saving techniques compensate for the increased runoff). A level buffer zone of 18 inches shall be provided between bermed lawn areas and any hardscape (e.g., any street, walkway, or similar feature).

b.    The Board of Architectural Review may modify these requirements when it finds that water-saving techniques are applied or modifications to these standards would not cause excessive water use or increased runoff.

5.    Water features. Decorative water features (e.g., fountains, ponds, waterfalls) shall have recirculating water systems.

6.     Parking lots. See Section 17.34.110 (landscaping of parking lots).

7.    Trees.

a.    All trees shall be adequately supported when planted. The supports shall be maintained until the trees are capable of withstanding the force of wind on their own and removed before damage could potentially occur to the tree trunk.

b.    Tree root barriers shall be installed, as required by the City Engineer, where trees are placed within five feet of public improvements including walks, curbs, or street pavement or where new public improvements are placed adjacent to existing trees. The Board of Architectural Review may waive this requirement where the combination of soil conditions, root zone area, adjacent improvements, and selected tree species can be demonstrated to provide conditions for healthy tree growth that will not damage public improvements.

D.    Screening requirements. See Subsection 17.30.020.G (Screening requirements).

E.    Visual obstructions.

1.    Landscaping that is primarily intended or designed for fencing purposes within a required front setback area or is located within a traffic safety visibility area (see Subsection 17.30.030.E, Height limit within traffic safety visibility areas) shall not be allowed to exceed the maximum height within the traffic safety visibility area as established under Tables 3-1 and 3-2, as measured from the top of the existing or proposed street curb. See also height limits for hedges and screening under Section 17.30.020 for additional standards.

F.    Street tree requirements. The installation of street trees in the public right-of-way or on private streets may be required as a condition of approval by the Planning Commission or Board of Architectural Review in compliance with the following standards:

1.    Location.

a.    Street trees shall be planted in the public right-of-way where street trees are planned for installation under the City’s current Capital Improvement Program or an adopted specific plan or Master Plan on a private street between the street curb and abutting property line or as otherwise directed by the City Engineer.

b.    Exception: Where site conditions do not allow the installation of the street trees as established by this section, trees may be located on private property within 10 feet of the property line along the street frontage.

2.    Quantity.

a.    The number of required street trees shall be calculated at the rate of one 15-gallon tree for every 30 feet of street frontage.

b.    The installed tree spacing may be varied to accommodate site conditions or design considerations; however, the number of trees required for each street frontage on a lot bounded by more than one street shall be planted along the corresponding street frontage.

c.    Where palm trees are proposed to satisfy this requirement, they shall be planted at a rate of one 10-foot brown trunk height palm for each 20 feet of street frontage.

d.    The City Engineer may modify the number of required street trees for a project on a case-by-case basis.

3.    A tree proposed, or required, to replace an existing mature specimen tree shall be transplanted from a minimum 24-inch box.

4.    Protection.

a.    All trees shall be adequately supported when planted. The supports shall be maintained until the trees are capable of withstanding the force of wind on their own.

b.    Where existing trees are required to be preserved, protective fencing shall be in place prior to the issuance of a Building Permit, and all new development shall be designed in a manner which respects the current drip lines.

5.    Solar access. When trees are incorporated into an approved landscaping plan, they shall be planted in a manner which maximizes the provision of sunlight to nearby windows and/or solar collectors situated on site or on an adjoining property.

G.    Irrigation system requirements.

1.    All landscaped areas except those approved for maintenance with intentionally unirrigated native plants shall include an automatic irrigation system.

2.    Water-efficient systems (e.g., bubbler-type, drip, mini-spray, or similar system) shall be used unless infeasible. Low-flow sprinkler heads with matched precipitation rates shall be used when spray or rotor-type heads are specified for watering shrubs and ground cover areas. Lawn areas shall be sized and shaped so they can be efficiently irrigated. Spray or runoff onto paved areas shall be avoided.

3.    Dual or multi-program controllers with separated valves and circuits shall be used when the project contains more than one type of landscape treatment (e.g., ground cover, lawn, shrub, tree areas) or a variety of solar aspects. Soil moisture-sensing devices and rain sensors shall be used on larger projects (50,000 plus square feet of landscaped area) to minimize or eliminate overwatering.

4.    Watering shall be scheduled at times of minimal wind conflict and evaporation loss.

5.    Sprinkler heads shall have matched precipitation rates within each valve zone.

6.    Check valves are required where elevation differential may cause low head drainage.

H.    Responsibility of the Board of Architectural Review.

1.    The Board of Architectural Review shall be primarily responsible for the review and approval of landscape plans and improvements within the City in compliance with Subsection 17.62.030.B (Applicability).

2.    Prior to Building Permit issuance, all projects that require approval of landscape and/or irrigation plans shall receive Board of Architectural Review approval.

I.    Changes to approved landscape plans. The Director may authorize minor changes to Board of Architectural Review approved landscape and irrigation plans where the Director can make the findings outlined in Section 17.64.090 (Changes to an approved project).

1.    For purposes of this section, minor changes shall be defined as changes to the landscaping plans that are not visible and do not affect the theme or character established for the subject development project.

2.    If the Director determines that a requested change does not comply with the definition of minor in Subsection J.1 of this section, the requested change may only be approved by the review authority that originally approved the landscaping plans, in accordance with Section 17.64.090 (Changes to an approved project).

J.    Statement of surety. When required by the Zoning Administrator, security in the form of cash, performance bond, letter of credit, or instrument of credit, in an amount equal to 150 percent of the total value of all plant materials, irrigation, installation, and maintenance shall be posted with the City for a two-year period in compliance with Section 17.64.070 (Performance guarantees). The Zoning Administrator may require statements of surety for phased development projects, a legitimate delay in landscape installation due to seasonal requirements (including adverse weather conditions), and similar circumstances where it may not be advisable or desirable to install all approved landscaping before occupancy of the site.

K.    Installation and inspection before occupancy. All landscaping approved by the Board of Architectural Review, in accordance with the applicability of Section 17.62.030 (Architectural review), shall be installed and inspected by a representative of the Planning Division before the City will allow occupancy of any structure or authorize the issuance of a Certificate of Occupancy.

L.    Maintenance.

1.    Landscape maintenance.

a.    All landscaping (e.g., ground cover, hedges, lawns, shrubs, and trees) shall be maintained in a healthful and thriving condition at all times, and free of weeds, debris, and deceased plants.

b.    Landscaping located in a traffic safety visibility area shall be maintained in accordance with Subsection 17.30.030.E (Height limit within traffic safety visibility areas).

c.    Trees required by this section shall be maintained so that all branches over pedestrian walkways are six feet above the walkway grade and so that all branches over vehicular travel ways are 16 feet above the grade of the travelway. All pruning shall comply with the standards of the National Arborist Association.

d.    Deceased plant materials must be removed and replaced within one month with the same species and size specified in the Board of Architectural Review approved plans.

Exceptions: Trees that die three years or more after installation, or trees that are “topped,” shall be replaced by a minimum 24-inch box size container of the same species specified on the approved plans. Other types of plants that die three years or more after installation shall be replaced with a specimen two container sizes larger than that specified on the approved plans.

e.    All fences and walls which have been incorporated into an approved landscaping plan shall regularly be maintained in an attractive and safe manner.

2.    Irrigation system maintenance.

a.    Irrigation systems and their components shall be maintained in a fully functional manner consistent with the originally approved design and the provisions of this section.

b.    Regular maintenance shall include checking, adjusting, and repairing irrigation equipment; resetting automatic controllers; aerating and dethatching lawn areas; adding/replenishing mulch, fertilizer, and soil amendments; and mowing, pruning, trimming, and watering all landscaped areas.

c.    Watering shall be scheduled at times of minimal wind conflict and evaporation loss.

d.    All fences and walls which have been incorporated into an approved landscaping plan shall regularly be maintained in an attractive and safe manner.

3.    Maintenance agreement required. Before final inspection or occupancy, and before the recordation of a final subdivision map where applicable, the applicant shall enter into a landscape maintenance agreement with the City to guarantee proper maintenance in compliance with Subsection L.1 of this section. The form and content of the agreement shall be approved by the City Attorney and the Zoning Administrator.

4.    Water waste prohibited. Water waste in existing developments resulting from inefficient landscape irrigation leading to excessive runoff, low head drainage, overspray, and other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, or structures is prohibited.

5.    Enforcement. Failure to maintain landscape areas in compliance with this section shall be deemed a public nuisance, and shall be subject to abatement in compliance with the Municipal Code, and/or the applicable planning permit may be revoked in compliance with Chapter 17.80 (Enforcement and Penalties). (Ord. 1025 §§ 10, 11, 2015)

A.    Minimum standards. No structure, whether in use or formerly used for residential, commercial or industrial purposes, shall be physically moved from a parcel within the City, or from a parcel outside the City to a parcel within the City, unless the structure and its placement on a parcel of record complies with all minimum requirements of the applicable zone.

B.    Permit requirements.

1.    A Minor Use Permit application, filed in compliance with Section 17.62.070, shall be required to move a structure within the City.

2.    Upon the filing of an application to move a structure, the Zoning Administrator shall refer the application to the City’s Building Official.

3.    The Building Official shall request an inspection of the structure to be moved by a qualified individual who will prepare a report at the expense of the applicant for the moved structure concerning the integrity of the structure and any improvements which will be required to be made.

4.    The Building Official may recommend denial of a Minor Use Permit if, in the Building Official’s opinion, the age, condition, or construction of the structure to be moved raises doubts as to its structural integrity or if the proposed structure to be moved is sufficiently heavy to cause damage to any street or pavement within the City.

C.    Findings required for approval. The approval of a Minor Use Permit for a moved structure shall require that the Zoning Administrator first find, in addition to the findings required by Section 17.62.070, that moving the structure will have no detrimental effect on the living environment of the surrounding neighborhood or upon property values within the neighborhood. In making this determination, the Zoning Administrator may choose to refer any architectural plans for the structure to the Board of Architectural Review for review and comment.

A.    Purpose. This section implements the policies of the Noise Element of the General Plan, and provides noise mitigation standards that are intended to protect the community health, safety, and general welfare by limiting exposure to the unhealthful effects of noise.

B.    Applicability. No use, activity, or process shall exceed the maximum allowable noise levels established by this section, except for the following noise sources:

1.    Emergencies. Public safety warning devices (e.g., ambulance, fire, and police sirens), sound for alerting persons to the existence of an emergency, or the performance of authorized emergency work;

2.    Parks. Public agency sanctioned recreational activities and programs conducted in public parks;

3.    Public health and safety activities. Construction, maintenance, and/or repair operations by public agencies and/or utility companies or their contractors that are serving public interests and/or protecting the public health, safety, and general welfare;

4.    State or federal preempted activities. Any activity regulated by state or federal law; and

5.    Solid waste collection. The authorized collection of solid waste and recyclable materials.

C.    General standard. It shall be unlawful for any person to knowingly make, continue, or cause to be made or continued, any excessive, unnecessary, or unusually loud noise. More specifically, and in compliance with Section 9.12.030 (Specific prohibitions) of the Municipal Code, loud noise shall be prohibited before 7:00 a.m. or after 7:00 p.m. daily (except Saturday, Sunday, and holidays when the prohibited time shall be before 9:00 a.m. and after 7:00 p.m.).

D.    Municipal Code compliance required. Chapter 9.12 (Noise Regulations) of the Municipal Code shall also regulate the noise generated from all uses, activities, and processes conducted within the City.

E.    Noise source standards.

1.    Stationary and transportation source noise level limitations.

a.    No use, activity, or process within the City shall generate noise in excess of the levels identified by Tables 3-3 (Maximum Interior and Exterior Noise Standards) and 3-4 (Noise/Land Use Compatibility Matrix), as the noise is measured at the property line of a noise sensitive land use identified in Tables 3-3 and 3-4 at a height where a person is reasonably expected to be (e.g., ground level, upper floor balcony).

(1)    If the measured ambient noise level exceeds the applicable noise level standard in any category shown in the tables, the applicable standards shall be deemed to equal the ambient noise level.

(2)    If the noise source being evaluated is continuous and cannot reasonably be discontinued or stopped to allow measurement of the ambient noise level, the noise level measured while the source is in operation shall be compared directly to the applicable noise level standards identified in the tables.

b.    Notwithstanding the above requirements, no person shall allow or cause the generation of any noise of a duration, pitch, repetition, tone, type, or volume that would be found to be a nuisance by a reasonable person beyond the boundaries of the property where the noise is generated.

Notes:

(1)    In Community Noise Equivalent Level (CNEL).

Notes:

A =    Normally Acceptable – Specified land use is satisfactory based on the assumption that any structures involved are normal conventional construction, without any special noise insulation requirements.

B =    Conditionally Acceptable – New construction or development may be undertaken only after a detailed analysis of the noise requirements is made and needed noise insulation features as included in the design. Conventional construction, but with closed windows and fresh air supply systems or air conditioning will normally suffice.

C =    Normally Unacceptable – New construction or development shall generally be discouraged. If it does proceed, a detailed analysis of the noise reduction requirements shall be made and needed noise insulation features included in the design.

– =    Clearly Unacceptable – New construction or development shall generally not be undertaken.

2.    Intrusive noise. When intrusive noise sources have been identified through project review, the review authority shall require that the detrimental effects (sleep interference or the potential for annoyance) be disclosed to neighboring receptor properties.

3.    Rhythmic, recurring, or impulsive noise sources. When noise sources have been identified to be rhythmic, reoccurring, or impulsive in nature or comprised mainly of music or speech, they may comply with applicable noise level criteria and still be annoying to individuals. These types of noise sources have been identified, they may be subject to additional mitigation or mediation, and shall be subject to the criteria in Table 3-3, with a –5 dB penalty applied to the criteria.

F.    Standards for sensitive receptors. New noise-sensitive land uses as identified in Table 3-3 (Maximum Interior and Exterior Noise Standards) shall not be allowed where the noise level from existing nontransportation noise generators will exceed the noise level standards in Table 3-4, or where projected levels of transportation noise will exceed the levels specified in Table 3-4, unless effective noise mitigation measures are incorporated into project design to maintain outdoor and indoor noise levels on the receptor site in compliance with Tables 3-3 and 3-4.

1.    New noise-sensitive uses. New construction and retrofits at existing structures shall include appropriate insulation, glazing, and other sound attenuation measures so that they comply with the standards in Table 3-3 (Maximum Interior and Exterior Noise Standards).

2.    Mitigation required. Noise that may affect a proposed noise-sensitive land use shall be mitigated to not exceed the noise level standards in Table 3-3 (Maximum Interior and Exterior Noise Standards) at the property line of any noise-sensitive land use identified in Table 3-3. Appropriate mitigation measures include:

a.    Noise attenuation measures, and stationary noise source controls shall include the use of baffles, barriers, enclosures, setbacks, silencers, site design, and improved facade construction techniques.

b.    Where noise mitigation measures are required, mitigation shall occur primarily through site planning and project design, where feasible. The use of noise barriers shall be considered a means of achieving the noise standards only after all other practical design-related noise mitigation measures have been integrated into the project.

G.    Acoustical analysis. Where the Zoning Administrator determines that a proposed project is a noise-sensitive land use, or may generate noise in excess of any limit established by Tables 3-3 (Maximum Interior and Exterior Noise Standards) or 3-4 (Noise/Land Use Compatibility Matrix) and/or where the use may generate noise in outdoor areas in excess of 60 dBA, the planning permit application for the use shall include an acoustical analysis, which shall:

1.    Be the financial responsibility of the applicant;

2.    Be prepared by a qualified person experienced in the fields of environmental noise assessment and architectural acoustics;

3.    Include noise level measurements, with sufficient sampling periods and locations, to adequately describe local conditions and the predominant noise sources;

4.    Estimate existing and projected cumulative (20-year) noise levels in terms of Ldn or CNEL and/or the standards of Table 3-3 (Maximum Interior and Exterior Noise Standards) and compare those levels to the requirements of this section and the policies of the Noise Element;

5.    Recommend appropriate mitigation to achieve compliance with this section and the policies and standards of the Noise Element, giving preference to proper site planning and design over mitigation measures which require the construction of noise barriers or structural modifications to structures that contain noise-sensitive land uses;

6.    Estimate noise exposure after prescribed mitigation measures are implemented; and

7.    Describe a post-project assessment program that may be used to evaluate the effectiveness of the proposed mitigation measures.

H.    Noise measurement. Exterior noise levels shall be measured at the property line of the noise-sensitive land use receiving the noise. Noise measurement shall be made with a sound level meter using the A- weighted scale at slow meter response. Fast meter response shall be used only for an impulsive noise.

Outdoor lighting on the site of a multi-family or nonresidential structure or use shall comply with the following requirements:

A.    Maximum height. A freestanding outdoor light fixture shall be limited to a maximum height of 16 feet, measured from adjacent normal grade to the top of the fixture(s). The fixture shall be considered to be the highest portion of the light structure. When not located adjacent to a single-family residential zone, the Board of Architectural Review may grant exceptions to the maximum height of freestanding outdoor light fixture(s) with the finding that the proposed height is consistent with surrounding land uses and is compatible with the existing or proposed surrounding structures. Exceptions to the maximum height should not be made by the Board for proposed freestanding lights that are adjacent to single-family residential zones.

B.    Energy efficiency. Outdoor lighting shall utilize energy-efficient (high pressure sodium, low pressure sodium, hard-wired compact fluorescent, LED, or other lighting technology that is of equal or greater energy efficiency) fixtures and lamps.

C.    Position of light fixtures. All lighting fixtures shall be properly directed, recessed, and fully shielded (e.g., downward and away from adjoining properties) to reduce light bleed and glare onto adjacent properties or public rights-of-way, by:

1.    Ensuring that the light source (e.g., bulb, etc.) is not visible from off the site; and

2.    Confining glare and reflections within the boundaries of the subject site to the maximum extent feasible.

D.    Maximum illumination. No lighting on private property shall produce an illumination level greater than one foot-candle on any property within a residential zone except on the site of the light source.

E.    Backlighting, Uplighting and Glare (BUG) rating. All outdoor light fixtures are subject to the BUG rating limits established by the California Energy Code (CALGreen 5.106.8) prior to the issuance of an electrical permit.

F.    No blinking, flashing, or high intensity. No permanently installed lighting shall blink, flash, flutter, or be of unusually high intensity or brightness, or change light brightness, color, or intensity, as determined by the Zoning Administrator.

G.    New light fixtures on commercial buildings. Installation of new light fixtures on commercial buildings shall be subject to review and approval by the Board of Architectural Review.

Figure 3-7 – Outdoor Lighting

A.    Purpose. This section provides performance standards that are designed to minimize various potential operational impacts of land uses and development within the City and promote compatibility with adjoining areas and land uses.

B.    Applicability. The provisions of this section apply to all new and existing land uses, including permanent and temporary uses in all zones, unless an exemption is specifically provided. Uses existing on the effective date of this section shall not be altered or modified thereafter to conflict with these standards.

C.    Air pollutants. No emission of air pollutants (fumes, gases, vapors, etc.) shall be allowed which would violate regional air quality standards.

D.    Combustibles and explosives. The use, handling, storage, and transportation of combustibles and explosives shall comply with the Uniform Fire Code, and California Code of Regulations, Title 19.

E.    Dust. Activities that may generate dust emissions (e.g., commercial gardening, construction, grading, and similar operations) shall be conducted to limit the emissions beyond the site boundary to the maximum extent feasible. Appropriate methods of dust management shall include the following, subject to the approval by the Zoning Administrator:

1.    Scheduling. Grading shall be designed and grading activities shall be scheduled to ensure that repeat grading will not be required, and that completion of the dust-generating activity (e.g., construction, paving, or planting) will occur as soon as possible.

2.    Operations during high winds. Clearing, earth-moving, excavation operations or grading activities shall cease when the wind speed exceeds 25 miles per hour averaged over one hour.

3.    Limiting the area of disturbance. The area disturbed by clearing, demolition, earth-moving, excavation operations, or grading shall be minimized at all times.

4.    Dust control. Dust emissions shall be controlled by watering a minimum of two times each day, paving, or other treatment of permanent on-site roads and construction roads, the covering of trucks carrying loads with dust content, and/or other dust-preventive measures (e.g., hydroseeding).

5.    Revegetation. Graded areas shall be revegetated as soon as possible, but within no longer than 30 days, to minimize dust and erosion. Disturbed areas of the construction site that are to remain inactive longer than three months shall be seeded and watered until grass cover is grown and maintained.

6.    Containment. Appropriate facilities shall be constructed to contain dust within the site as required by the Zoning Administrator.

F.    Ground vibration. No ground vibration shall be generated that is perceptible without instruments by a reasonable person at the property lines of the subject site, except for vibrations from temporary construction or demolition activities and motor vehicle operations.

G.    Hazardous materials. An applicant for a proposed nonresidential development project that will involve the generation, use, transportation, and/or storage of hazardous substances shall comply with the following requirements:

1.    The applicant shall notify the Fire Department of all hazardous substances that are to be stored, transported, treated, or that could be accidentally released into the environment on the subject site.

2.    The planning application for the project shall include detailed information on hazardous waste reduction, recycling, transportation, and storage, and a plan for emergency response to a release or threatened release of a hazardous material.

3.    The site shall be provided with secondary containment facilities and a buffer zone adequate to protect public health and safety on a site with hazardous materials storage and/or processing activities, as required by the applicable review authority.

H.    Heat or light. Any operation producing intense heat or light (e.g., high temperature processes like combustion or welding) shall be performed entirely within an enclosed structure. Outdoor lighting shall comply with the requirements of Section 17.30.070 (Outdoor Lighting).

I.    Liquid waste. No liquid shall be discharged into a public or private body of water, sewage system, watercourse, or into the ground, except in compliance with applicable regulations of the Regional Water Quality Control Board.

J.    Noise. No uses or activities shall be located or conducted and no equipment shall be installed in a way as to produce intense noise readily discernible without instruments at any point along the property line of the site. Noise emanating from the site shall be in compliance with Section 17.30.060 (Noise Standards).

K.    Odor. No obnoxious odor or fumes shall be emitted by any use in the quantities that are perceptible without instruments by a reasonable person at any point along the property line of the site.

L.    Radioactivity, electrical disturbance, or electromagnetic interference. None of the following shall be emitted:

1.    Radioactivity, in a manner that does not comply with all applicable state and federal regulations; or

2.    Electrical disturbance or electromagnetic interference that interferes with normal radio or television reception, or with the function of other electronic equipment beyond the property line of the site; or that does not comply with all applicable Federal Communications Commission (FCC) and other applicable state and federal regulations.

M.    Public nuisances. No land or structure in any zone shall be used or occupied in any manner as to constitute any dangerous, injurious, noxious, or otherwise objectionable public nuisance. This would include objectionable nuisances because of explosive, fire, or other hazard; cold, dampness, glare, heat, electrical disturbance, or interference with television, radio or telephone; liquid or solid refuse and waste, or any other form of air, soil, or water contamination or pollution; noise or vibration; preserve of vermin; radioactivity; or smoke, dust, odor, or any other form of air pollution. Also see Section 17.30.110 (Solid Waste/Recyclable Materials Storage).

The development of an approved project shall include the construction of improvements to each public street frontage of the site as required by the review authority in accordance with approved City Engineering Standards and as approved by the City Engineer. These on-site and/or off-site improvements may include the widening of an existing street and/or the installation or reinstallation of curb, gutter, and sidewalk; the installation of street trees and other landscaping within the public right-of-way; the installation of traffic control devices; the installation of drainage facilities as required by the City Engineer, and/or other improvements determined by the review authority to be reasonably related to the needs for pedestrian and vehicle circulation, and community infrastructure demands created by the project. See also Section 17.30.120 (Underground Utilities).

A.    Purpose. This section provides standards for the location, required size, and allowable uses of setbacks. Setback standards provide open areas around structures for access to and around structures; access to natural light, ventilation and direct sunlight; separation between potentially conflicting activities; space for privacy, landscaping and recreation; and visibility and traffic safety.

B.    Setback requirements.

1.    Minimum setbacks for all structures.

a.    Each structure shall comply with the front, interior side, street side, and rear setback requirements of the applicable zone, except:

(1)    Where a different setback requirement is established for a specific land use by Article 4 (Standards for Specific Land Uses); or

(2)    As otherwise provided by this section.

b.    No portion of any structure, including eaves or roof overhangs, shall extend beyond a property line, or into an access easement or street right-of-way, except as provided by this section.

2.    Exemptions from setback requirements. The minimum setback requirements of this Zoning Ordinance do not apply to the following:

a.    An architectural projection into a required setback allowed by Subsection E of this section (Allowed projections into setbacks).

b.    A fence or wall six feet or less in height, when located outside of a front, street side setback, or traffic safety visibility area.

c.    Any detached deck, earthwork, step, terrace, and other site design element that is placed directly upon grade and does not exceed a height of 18 inches above the surrounding grade at any point; with the exception of encroachments into the front setback (see Subsection F.2.a of this section). See also Section 17.52.220 (Residential Accessory Buildings, Structures, and Uses) for accessory structure standards.

d.    A sign in compliance with Chapter 17.40 (Signs).

e.    A retaining wall less than 30 inches in height above finished grade. Refer to Subsection D.3 of this section (Retaining Walls) for retaining wall height requirements.

C.    Measurement of setbacks. Setbacks shall be measured and applied as follows, except that the Zoning Administrator may require different setback measurement methods where the Zoning Administrator determines that unusual parcel configuration makes the following infeasible or ineffective (see Figure 3-8):

Figure 3-8 – Location & Measurement of Setbacks

1.    Front setback. A front setback shall be measured at right angles from the nearest point on the front property line of the parcel (or edge of access easement on a private street) to the nearest point of the wall of the structure, except as modified below. The front property line shall be determined from the street frontage from which the property takes its street address and/or the property line to which the primary building entry faces. The Zoning Administrator, in consultation with the Building Official, shall determine the location of the front property line when in question.

a.    Mapped street with plan line. If the City has established a plan line that identifies a right-of-way for the future construction of a new street or the widening of an existing street, a required front or street side setback shall be measured from the plan line.

b.    Infill development within previously approved project. Where the City has established specific setback requirements for individual vacant parcels through the approval of a specific plan, subdivision map, or other entitlement, those setbacks shall apply to development within the approved project instead of the setbacks required by this Zoning Ordinance.

c.    Flag lot. For a parcel with a fee ownership strip extending from a street or right-of-way to the building area of the parcel, the front setback shall be measured from the nearest point of the wall of the structure to the point where the access strip meets the bulk of the parcel, establishing a setback line parallel to the lot line nearest to the public street or right-of-way.

2.    Side setback. The side setback shall be measured at right angles from the nearest point on the side property line of the parcel to the nearest point of the wall of the structure, establishing a setback line parallel to the side property line, which extends between the front and rear setbacks.

3.    Street side setback. The side setback on the street side of a corner parcel shall be measured from the nearest point on the side property line bounding the street, or the edge of an easement for a private road, edge of a right-of-way, or the inside edge of the sidewalk, or a plan line established as described in Subsection C.1.b of this section, whichever results in the greatest setback from the existing or future roadway.

4.    Rear setback. The rear setback shall be measured at right angles from the nearest point on the rear property line opposite the front property line, to the nearest line of the structure, establishing a setback line parallel to the rear property line.

a.    The Zoning Administrator shall determine the location of the required rear setback on a double-frontage parcel.

b.    Where a parcel has no rear lot line because its side lot lines converge to a point, an assumed line five feet long within the parcel, parallel to, and at a maximum distance from the front lot line, shall be deemed to be the rear lot line for the purpose of determining the depth of the required rear setback.

D.    Limitations on the use of setbacks.

1.    Mechanical and utility equipment. See Subsection F.4 of this section (Setback requirements for specific structures).

2.    Parking. Required covered and uncovered residential parking spaces shall not be located within required front or street side setback areas. Temporary (overnight) parking is allowable within required front and street side setback areas only on paved, concrete, or hard permeable surface driveways. See also Subsection 17.33.090.C (Location of parking).

a.    Required residential parking spaces may be located within a required side or rear setback area, provided they are separated from the side or rear property line by a minimum three-foot-wide landscaped buffer other than the side used for vehicle access and are not located within any traffic safety visibility area in accordance with Subsection 17.30.030.E (Height limit within traffic safety visibility areas); the three-foot-wide landscape buffer shall not apply to an uncovered parking space located within a rear setback area which abuts an alley and is screened from the alley with a six-foot fence.

b.    Parking spaces located within a detached garage or carport shall be subject to the minimum setback for an accessory structure in compliance with Section 17.52.220 (Residential Accessory Buildings, Structures, and Uses).

c.    Parking of other than passenger vehicles shall comply with the setback requirements of Section 17.34.150 (Parking of Other Than Passenger Vehicles).

3.    Storage. No front or street side setback shall be used for the accumulation, placement, or storage of automobiles or other motor vehicles, storage containers/metal boxes, building materials, junk, machinery, or scrap, except for the following:

a.    Automobiles and trucks, not in excess of one-ton capacity, regularly in use, that are parked on a designated driveway composed of concrete, asphalt, pavers or other surface approved by the Zoning Administrator.

b.    A single recreational vehicle or boat may be allowed when stored in the rear yard or outside of a required front, side, or street side setback, and when screened by a six-foot-tall fence and/or landscaping element. See also Section 17.34.150 (Parking of Other than Passenger Vehicles).

c.    Building materials required for construction on the parcel immediately before and during a construction project which has a valid Building Permit in force.

4.    Storage of trailers in nonresidential zones prohibited. No trailer shall be stored or parked within any required front or street side setback area in any nonresidential zoning district except where limited display areas are authorized through Minor Use Permit approval in compliance with Section 17.62.070.

5.    Structures. A required setback area shall not be occupied by a structure other than those identified by Subsection B.2 of this section, and as specified under Chapter 17.52 (Standards for Specific Land Uses).

E.    Allowed architectural projections into setbacks. Where allowed in the applicable zone by Article 2 (Zones, Permitted Land Uses, and Zoning Standards), an architectural feature attached to a primary structure may extend beyond the wall of the structure and into a required front, side, street side, or rear setback in compliance with Table 3-5. See also Figure 3-8. These requirements do not apply to residential second units, which are instead regulated by Section 17.52.220 (Residential Accessory Buildings, Structures, and Uses), or accessory structures, which are regulated by Section 17.52.220 (Residential Accessory Buildings, Structures, and Uses). For definitions of terms used below, see “Architectural Projection” in Chapter 17.98 (Definitions).

Notes:

(1)    Feature may project no closer than three feet to any side property line. Features that project less than five feet from the side property line are subject to approval by the Building Official.

(2)    Projections of more than three feet into the front setback are subject to Board of Architectural Review approval; provided, that the width of the feature does not exceed 75 percent of the total width of the facade from which it projects.

(3)    Projections of more than three feet into the front or rear setback are subject to Use Permit approval by the Planning Commission, compliance with Section 17.62.070 (Use Permit or Minor Use Permit). The Planning Commission may choose to refer such projections to the Board of Architectural Review for final design approval.

(4)    A garage may encroach two feet into the required 15-foot rear yard setback when it is accessed from a 16-foot-wide alley.

Figure 3-9 – Examples of Allowed Projections into Side Setback

F.    Setback requirements for specific structures.

1.    Accessory structures. See Section 17.52.220 (Residential Accessory Buildings, Structures, and Uses).

2.    Decks and other site design elements.

a.    Uncovered and unenclosed ground level (less than 18 inches above grade) decks or patios may project or extend to the front property line only if:

(1)    A drainage plan is approved by the City Engineer; and

(2)    The design of the deck is approved by the Board of Architectural Review.

b.    Railings on decks located within the front or street side setbacks of a corner parcel shall receive approval of both the Board of Architectural Review and the City Engineer to determine whether traffic or safety hazards or impacts would be created. The maximum height of railings shall not exceed the maximum height for a fence, wall, or landscape element as established by Section 17.30.020 (Fences, Walls, Hedges, and Screening).

c.    A detached aboveground deck, freestanding solar device, steps, terrace, or other site design element that requires a Building Permit shall comply with the setback requirements of this Zoning Ordinance for detached accessory structures (see Section 17.52.220, Residential Accessory Buildings, Structures, and Uses).

d.    Decks may not be used to meet off-street parking requirements.

3.    Fences. See Section 17.30.020 (Fences, Walls, Hedges, and Screening).

4.    Mechanical, electrical, and utility equipment. Ground-mounted mechanical equipment located outside of a structure shall comply with the setback requirements of the applicable zone. Examples of this equipment include: heating, ventilation, and air conditioning; swimming pool pumps and filters, and similar equipment; and transformers, cable television distribution boxes, and similar utility equipment that is not underground. The Zoning Administrator may approve an exception to this requirement by Zoning Clearance within a required side or rear setback area, where there is no feasible alternative location that complies with the setback requirements of the zone and the screening requirements of Subsection 17.30.020.G.

5.    Swimming pools, hot tubs, and spas. See Subsection 17.52.220.J.2.c (Swimming pools, hot tubs, or spas). (Ord. 1025 § 12, 2015)

The installation of solar hot water and/or solar electricity energy systems collectors on a roof or side of a building is permitted in all zones; provided, that the collectors comply with maximum height limit requirements of the applicable zone; and ground-mounted solar collectors comply with the setback requirements and height limitations of the applicable zone. The installation of solar collectors shall be subject to the issuance of a Building Permit.

A.    Purpose. This section provides standards for the construction and operation of solid waste and recyclable material storage areas in compliance with state law (California Solid Waste Reuse and Recycling Access Act, Public Resources Code Sections 42900 through 42911).

B.    Multi-family projects. Multi-family residential projects with five or more dwelling units shall provide solid waste and recyclable material storage areas as follows (see Table 3-6).

1.    Individual unit storage requirements. Each dwelling unit shall include an area with a minimum of six cubic feet for the storage of solid waste and recyclable material indoors. A minimum of three cubic feet shall be provided for the storage of solid waste and a minimum of three cubic feet shall be provided for the storage of recyclable material.

2.    Common storage requirements. The following are minimum requirements for common solid waste and recyclable material storage areas for multi-family developments, which may be located indoors or outdoors as long as they are readily accessible to all residents. These requirements apply to each individual structure. All required areas are measured in square feet.

C.    Nonresidential structures and uses. Nonresidential structures and uses within all zones shall provide solid waste and recyclable material storage areas. The following (Table 3-7) are minimum storage area requirements. These requirements apply to each individual structure. All required areas are measured in square feet. Based on existing site constraints and unique topographical features, exceptions may be granted by the Zoning Administrator subject to the issuance of a Minor Use Permit.

D.    Location requirements. Solid waste and recyclable materials storage areas shall be located in the following manner:

1.    Solid waste and recyclable material storage shall be adjacent/combined with one another. They shall be located inside a specially designated structure, on the outside of a structure in an approved fence/wall enclosure, a designated interior court or yard area with appropriate access, or in rear yards and interior side yards. Exterior storage areas shall not be located in a required front or street side setback, parking area, landscaped or open space area, or areas required by the Municipal Code to be maintained as unencumbered, unless there are no alternatives and the proposal is approved by both the Health Officer and the Board of Architectural Review. Existing developments shall comply with these standards to the greatest degree feasible at the time of any expansion or additions subject to approval of the Zoning Administrator.

2.    Storage areas shall be accessible to residents and employees. Storage areas within multi-family residential developments shall be located within 250 feet of an access doorway to the dwellings which they are intended to serve.

3.    Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the designated collector. Where a parcel is served by an alley, exterior storage areas shall be directly accessible to the alley.

E.    Design and construction.

1.    The design and construction of the storage areas shall:

a.    Be architecturally compatible with the surrounding structures;

b.    Be properly secured to prevent access by unauthorized persons, while allowing authorized persons access for disposal of materials;

c.    Provide a concrete pad within the fenced or walled areas and a concrete apron which facilitates the handling of the individual bins or containers;

d.    Provide all nonresidential structures and uses with a hot water hose bib and floor drain connected to the public sanitary sewer and equipped with a City standard grease trap as required by the county health department for food service establishments, to allow cleaning of the storage bins/cans and waste storage areas;

e.    Provide closed containers and/or containers with secure lids for the waste products capable of preventing their unauthorized transfer either outside the required enclosure area or off site;

f.    Protect the areas and the individual bins or containers provided within from adverse environmental conditions which might render the collected materials unmarketable; and

g.    Provide a suitably designed and constructed enclosure which is:

(1)    Surrounded by a six-foot-high solid decorative fence or wall on three sides and on the fourth side (the side accessible to the users) with a suitably constructed wall that provides for enclosure while at the same time allows the users to be able to empty the materials into the bins or containers. Solid doors, meeting the aforementioned height requirements, shall also be provided on only one side to ensure that the enclosure completely conceals the stored material from surrounding land uses.

(2)    Properly sized based on the nature of the proposed use(s) it is designed to serve and measures at least eight feet by 10 feet, unless certification has been provided by a local refuse disposal firm that a smaller enclosure area will be satisfactory. In no case shall the areas measure less than six feet by six feet.

2.    The design and construction of the fences, walls, and doors shall be subject to the approval of the Zoning Administrator.

A.    New utility installations. All newly constructed public utility service lines (for example, water and sewer lines, electricity service, cable television, telecommunications lines, etc.) shall be installed underground.

B.    Existing on-site facilities. All development including new construction on a vacant or cleared site, greater than 50 percent exterior wall removal or reconstruction, and greater than 50 percent addition or expansion to an existing building footprint shall provide underground utilities on the entire project site at the time of development. Utilities include all on-site electric and telephone facilities, cable television, fire alarm conduits, lighting wiring, and other wiring conduits and similar facilities.

The purpose of this chapter is to:

A.    Encourage the development and availability of housing affordable to a broad range of households with varying income levels within City as mandated by Government Code Section 65580 et seq.;

B.    Offset the demand for affordable housing created by new development, and mitigate environmental and other impacts that accompany new development by protecting the economic diversity of the City’s housing stock, reducing traffic, transit and related air quality impacts, promoting jobs/housing balance, and reducing the demands placed on transportation infrastructure in the region;

C.    Implement the policies of the Housing Element of the General Plan.

A.    Inclusionary requirement. Each residential development, including a condominium conversion, shall be designed and constructed to provide at least 20 percent of the total units as inclusionary units restricted for occupancy by moderate-, low- or very low-income households. The number of inclusionary units required for a particular project will be determined only once, at the time of Tentative Map or Parcel Map approval, or for developments not processing a map at the time of Use Permit approval, or prior to issuance of a Building Permit. If a change in the subdivision design changes the total number of units, the number of inclusionary units required will be recalculated to coincide with the final approved project.

1.    Calculation. For purposes of calculating the number of affordable units required by this section, any additional units authorized as a density bonus in compliance with Chapter 17.33 (Affordable Housing Incentives) will not be counted in determining the required number of inclusionary units. In determining the number of whole inclusionary units required, any decimal fraction less than 0.5 shall be rounded down to the nearest whole number, and any decimal fraction of 0.5 or more shall be rounded up to the nearest whole number.

2.    Limitations on occupancy. The first one-third of the required inclusionary units shall be restricted to occupancy by low-income households. The second third of the inclusionary units shall be restricted to occupancy by very low-income households. To encourage additional development of low- and very low-income housing, the Council may authorize the use of the following equivalents:

a.    Each very low-income unit is equivalent to two units affordable to moderate-income households; and

b.    Each low-income unit is equivalent to 1.5 units affordable to moderate-income households.

B.    Minimum requirements. The requirements of this chapter are minimum and maximum requirements, although nothing in this chapter limits the ability of a person to waive their rights or voluntarily undertake greater obligations than those imposed by this chapter.

The requirements of this chapter do not apply to:

A.    The reconstruction of a structure that has been destroyed by fire, flood, earthquake or other act of nature; provided, that reconstruction does not increase the number of residential units; or

B.    A development that already has more units that qualify as affordable to moderate-, low- and very low-income households than this chapter requires; or

C.    Housing constructed by a government agency; or

D.    A second unit.

Each inclusionary unit built in compliance with this chapter shall comply with the following standards:

A.    Location of inclusionary units. Except as otherwise provided in this chapter, inclusionary units shall be dispersed throughout a residential development.

B.    Design. Inclusionary units shall be comparable in infrastructure (including sewer, water and other utilities), construction quality and exterior design to the market-rate units. Inclusionary units may be smaller in aggregate size and have different interior finishes and features than market-rate units so long as the interior features are durable, of good quality and consistent with contemporary standards for new housing. The number of bedrooms shall be the same as those in the market-rate units, except that if the market-rate units provide more than four bedrooms, the inclusionary units need not provide more than four bedrooms.

C.    Timing of construction. All required inclusionary units shall be constructed and occupied concurrently with or prior to the construction and occupancy of the associated market-rate units or development. In a phased development, the inclusionary units may be constructed and occupied in proportion to the number of units in each phase of the residential development; provided, that the last inclusionary unit in the project shall be constructed before the last market-rate unit.

D.    Duration of affordability requirement. Each inclusionary unit produced in compliance with this chapter shall be legally restricted to occupancy by households of the income levels for which the unit was designated, for a minimum of 40 years from the date of first occupancy for rental units, and for a minimum of 40 years from the date of each sale of any affordable unit for owner occupied units. (Additional affordability requirements may apply in compliance with state redevelopment law (Health and Safety Code Section 33413(c).)

A.    General. Approval of an inclusionary housing plan and implementation of a City approved inclusionary housing agreement is a condition of any Tentative Map, Parcel Map, Use Permit, or Building Permit for any development for which this chapter applies. This section does not apply to an exempt project.

B.    Inclusionary Housing Plan. No application for a Tentative Map, Parcel Map, Use Permit, or Building Permit to which this chapter applies shall be deemed complete until an Inclusionary Housing Plan is submitted with the application. At any time during the review process, the City may require from the developer additional information reasonably necessary to clarify and supplement the application or determine the consistency of the proposed Inclusionary Housing Plan with the requirements of this chapter. The Inclusionary Housing Plan must include:

1.    The location, structure (attached, semi-attached, or detached), whether for sale or rental, size of the proposed market-rate and inclusionary units, and the basis for calculating the number of inclusionary units;

2.    A floor or site plan showing the location of the inclusionary units;

3.    The income levels to which each inclusionary unit will be made affordable;

4.    For phased development, a phasing plan that provides for the timely development of the number of inclusionary units proportionate to each proposed phase of development as required by Subsection 17.32.040.C (Standards for Inclusionary Units – Timing of construction).

5.    Any alternative means designated in Subsection 17.32.060.A (Alternatives – Developer proposal) proposed for the development along with information necessary to support the findings required by Subsection 17.32.060.B (Alternatives – Discretion) for approval of the alternatives; and

6.    Any other information reasonably requested by the City to assist with evaluation of the plan in compliance with the standards of this chapter.

C.    Inclusionary Housing Agreement. The Inclusionary Housing Agreement shall use the form provided by the City. The contents of the agreement may vary depending on the manner in which the provisions of this chapter are satisfied for a particular development. Each Inclusionary Housing Agreement shall include, at minimum, the following:

1.    Description of the development, including whether the inclusionary units will be rented or owner-occupied;

2.    The number, size and location of very low-, low- or moderate-income units;

3.    Provisions and/or documents for resale restrictions, deeds of trust, rights of first refusal or rental restrictions;

4.    Provisions for monitoring the ongoing affordability of the units, and the process for qualifying prospective resident households for income eligibility; and

5.    Any additional obligations relevant to the compliance with this chapter.

D.    Recording of agreement. Each Inclusionary Housing Agreement shall be recorded against owner-occupied inclusionary units and residential projects containing rental inclusionary units, as applicable. Additional rental or resale restrictions, deeds of trust, rights of first refusal, and/or other documents acceptable to the City shall also be recorded against owner-occupied inclusionary units. In cases where the requirements of this chapter are satisfied through the development of off-site units, the Inclusionary Housing Agreement shall simultaneously be recorded against the property where the off-site units are to be developed.

A.    Developer proposal. A developer may propose an alternative means of compliance in an Inclusionary Housing Plan as provided in Subsection 17.32.050.B as follows:

1.    Off-site construction. Units may be constructed off-site if the inclusionary units will be located in an area where, based on the availability of affordable housing, the review authority finds that the need for such units is greater than the need in the area of the proposed development.

2.    Land dedication. In lieu of building inclusionary units, a developer may choose to dedicate land to the City suitable for the construction of inclusionary units that the review authority reasonably determines to be of equivalent or greater value than is produced by applying the inclusionary obligation.

3.    Combination. The review authority may accept any combination of on-site construction, off-site construction, in-lieu fees and land dedication that at least equal the cost of providing inclusionary units on site as would otherwise be required by this chapter. The value of a proposed land dedication shall be determined by an appraiser appointed by the City.

B.    Discretion. The review authority may approve, conditionally approve, or reject any alternative proposed by a developer as part of an Inclusionary Housing Plan. Any approval or conditional approval shall be based on a finding that the purposes of this chapter would be better served by implementation of the proposed alternatives. In determining whether the purposes of this chapter would be better served under the proposed alternative, the review authority should consider:

1.    Whether implementation of an alternative would overly concentrate inclusionary units within any specific area and, if so, must reject the alternative unless the undesirable concentration of inclusionary units is offset by other identified benefits that flow from implementation of the alternative in issue; and

2.    The extent to which other factors affect the feasibility of prompt construction of the inclusionary units on the property, such as costs and delays, the need for an appraisal, site design, zoning, infrastructure, clear title, grading and environmental review.

A.    General eligibility. No household may occupy an inclusionary unit unless the City or its designee has approved the household’s eligibility, or has failed to make a determination of eligibility within the time or other limits provided by an Inclusionary Housing Agreement or resale restriction. If the City or its designee maintains a list or identifies eligible households, initial and subsequent occupants will be selected first from the list of identified households, to the maximum extent possible, in compliance with any rules approved by the City.

B.    Occupancy. A household who occupies a rental inclusionary unit or purchases an inclusionary unit shall occupy the unit as a principal residence.

A.    Initial sales price. The initial sales price of the inclusionary unit must be set so that the eligible household will pay an affordable ownership cost.

B.    Transfer. Renewed restrictions will be entered into on each change of ownership, with a 40-year renewal term, upon transfer of an owner-occupied inclusionary unit prior to the expiration of the 40-year affordability period.

C.    Resale. The maximum sales price permitted on resale of an inclusionary unit designated for owner occupancy shall be the lower of:

1.    Fair market value; or

2.    The seller’s lawful purchase price, increased by the lesser of:

a.    The rate of increase of area median income during the seller’s ownership; or

b.    The rate at which the consumer price index increased during the seller’s ownership.

To the extent authorized in any resale restrictions or operative Inclusionary Housing Agreement, sellers may recover at time of sale the market value of capital improvements made by the seller and the seller’s necessary and usual costs of sale, and may authorize an increase in the maximum allowable sales price to achieve such recovery.

D.    Change in title. The following requirements apply in the event of a change in circumstance, including death, marriage, and divorce, that may occur prior to the expiration of the required affordability period:

1.    Upon the death of one of the owners, title in the property may transfer to the surviving joint tenant, tenant in common, or community property holder, without respect to the income eligibility of the household.

2.    Upon the death of a sole owner or all owners, and inheritance of the inclusionary unit by a non-income-eligible inheritee, there will be a one year compassion period between the time when the estate is settled and the time when the property must be sold to an income-eligible household. A non-eligible inheritee may request and the Council may waive this requirement on the basis of hardships specified by the Council. Alternatively, the Council may authorize their continued ownership with the unit rented at an affordable rate to an eligible household.

A.    Eligibility of tenants. The owner of rental inclusionary units shall be responsible for certifying the income of the tenant to the Director at the time of initial rental, and annually thereafter. This shall be completed by viewing acceptable documentation, including income tax statements or a W-2 for the previous calendar year, and submitting, on a form approved by the City, a certification that the tenant qualifies as an income eligible household.

B.    Selection of tenants. The owner of rental inclusionary units shall fill vacant units by either:

1.    Selecting income-eligible households themselves as long as the owner complies with the publication requirements in Subsection C of this section (Publication of availability of units).

2.    Selecting income-eligible households from the City’s Section 8 Housing Choice Voucher Waiting List available from the Department.

C.    Publication of availability of units. Whenever an inclusionary unit becomes available, the owner shall publish notices of the availability of the inclusionary unit in newspapers circulated widely in the City, including newspapers that reach minority communities. The notice should briefly explain what inclusionary housing is, state the applicable income requirements, indicate where applications are available, state when the application period opens and closes, and provide a telephone number for questions. Applications may require the name, address, and telephone number of the applicant; the number of persons to occupy the household; and any other information relevant to determine whether the applicant is eligible to occupy an inclusionary unit. The owner shall submit proof of publication to the Director.

D.    Notification to City. Whenever an inclusionary unit becomes available, the owner shall immediately notify the Director in writing.

E.    Subsequent rental to income-eligible tenant. The owner of rental inclusionary units shall apply the same rental terms and conditions to tenants of inclusionary units as are applied to all other tenants, except as otherwise required to comply with this chapter (i.e., rent levels, occupancy restrictions, and income requirements) and/or government subsidy programs. Discrimination based on subsidies received by the prospective tenant is prohibited.

F.    Changes in tenant income. If after moving into an inclusionary unit the tenant’s income eventually exceeds the income limit for that unit, the tenant may remain in the unit (the “original unit”) as long as his/her income does not exceed 140 percent of the income limit for the original unit. Once the tenant’s income exceeds 140 percent of the income limit for the original unit, the following shall apply:

1.    If the tenant’s income does not exceed the income limits of other inclusionary units in the residential development, the owner may, at the owner’s option, allow the tenant to remain in the original unit at the tenant’s new applicable affordable housing cost, as long as the next vacant unit is redesignated for the same lower-income category applicable to the original unit. If the owner does not want to redesignate the next vacant unit, the tenant shall be given one year’s notice to vacate the unit. If during the year, an inclusionary unit becomes available and the tenant meets the income eligibility for that unit, the owner shall provide the tenant with the opportunity to submit an application for that unit.

2.    If there are no units designated for a higher income category within the residential development that may be substituted for the original unit, the tenant shall be given one year’s notice to vacate the unit. If within that year, another unit in the residential development is vacated, the owner may, at the owner’s option, allow the tenant to remain in the original unit and raise the tenant’s rent to market rate and designate the newly vacated unit for the original unit at the applicable affordable housing cost. The newly vacated unit must be comparable in size (i.e., number of bedrooms, bathrooms, square footage, etc.) and location (i.e., same floor, same view, etc.) as the original unit.

The requirements of this chapter may be adjusted or waived in extreme cases if the developer demonstrates to the Council by the presentation of substantial evidence that applying the requirements of this chapter would take property in violation of the United States or California constitutions.

A.    Timing. To receive an adjustment or waiver, the developer must make a showing when applying for a first approval for the residential development, and/or as part of any appeal that the City provides as part of the process for the first approval.

B.    Considerations. In making a determination on an application to adjust or waive the requirements of this chapter, the Council may assume each of the following when applicable:

1.    That the developer is subject to the inclusionary housing requirement or in-lieu fee;

2.    The extent to which the developer will benefit from inclusionary incentives;

3.    That the developer will be obligated to provide the most economical inclusionary units feasible in terms of construction, design, location and tenure; and

4.    That the developer is likely to obtain other housing subsidies where such funds are reasonably available.

C.    Decision and further appeal. The Council, upon legal advice provided by or at the behest of the City Attorney, will determine the application and issue a written decision.

D.    Modification of plan. If the Council, upon legal advice provided by or at the behest of the City Attorney, determines that the application of the provisions of this chapter lacks a reasonable relationship between the impact of a proposed residential project and the requirements of this chapter, or that applying the requirement of this chapter would take property in violation of the United States or California constitutions, the inclusionary housing plan shall be modified, adjusted or waived to reduce the obligations under this chapter to the extent necessary to avoid an unconstitutional result. If the Council determines no violation of the United States or California constitutions would occur through application of this chapter, the requirements of this chapter remain applicable.

A.    Penalty for violation. It shall be a misdemeanor to violate any provision of this chapter. Without limiting the generality of the foregoing, it shall also be a misdemeanor for any person to sell or rent to another person an affordable unit under this chapter at a price or rent exceeding the maximum allowed under this chapter or to sell or rent an affordable unit to a household not qualified under this chapter. It shall further be a misdemeanor for any person to provide false or materially incomplete information to the City or to a seller or lessor of an inclusionary unit to obtain occupancy of housing for which he or she is not eligible.

B.    Legal action. The City may institute any appropriate legal actions or proceedings necessary to ensure compliance with this chapter, including:

1.    Actions to revoke, deny or suspend any permit, including a Building Permit, Certificate of Occupancy, or discretionary approval;

2.    Actions to recover from any violator of this chapter civil fines, restitution to prevent unjust enrichment from a violation of this chapter, and/or enforcement costs, including attorneys fees;

3.    Eviction or foreclosure; and

4.    Any other appropriate action for injunctive relief or damages. Failure of any official or agency to fulfill the requirements of this chapter shall not excuse any person, owner, household or other party from the requirements of this chapter.

As required by Government Code Section 65915, this chapter offers density bonuses and incentives or concessions for the development of housing that is affordable to the types of households and qualifying residents identified in Section 17.33.020 (Eligibility for Bonus, Incentives, or Concessions). This chapter is intended to implement the requirements of Government Code Section 65915 et seq., and the Housing Element of the General Plan.

In order to be eligible for a density bonus and other incentives or concessions as provided by this chapter, a proposed housing development shall comply with the following requirements, and satisfy all other applicable provisions of this Zoning Ordinance, except as provided by Section 17.33.040 (Allowed Incentives or Concessions):

A.    Resident requirements. A housing development proposed to qualify for a density bonus shall be designed and constructed so that it includes at least any one of the following:

1.    Ten percent of the total number of proposed units are for lower-income households, as defined in Health and Safety Code Section 50079.5;

2.    Five percent of the total number of proposed units are for very low-income households, as defined in Health and Safety Code Section 50105;

3.    The project is a senior citizen housing development as defined in Civil Code Sections 51.3 and 51.12, or is a mobile home park that limits residency based on age requirements for housing older persons in compliance with Civil Code Section 798.76 or 799.5; or

4.    Ten percent of the total dwelling units in a common interest development as defined in Civil Code Section 1351 are for persons and families of moderate income, as defined in Health and Safety Code Section 50093; provided, that all units in the development are offered to the public for purchase.

B.    Applicant selection of basis for bonus. For purposes of calculating the amount of the density bonus in compliance with Section 17.33.030 (Allowed Density Bonuses), the applicant who requests a density bonus shall elect whether the bonus shall be awarded on the basis of Subsection A.1, A.2, A.3, or A.4 of this section.

C.    Bonus units shall not qualify a project. A density bonus granted in compliance with Section 17.33.030 (Allowed Density Bonuses) shall not be included when determining the number of housing units that is equal to the percentages required by Subsection A of this section (Resident requirements).

D.    Minimum project size to qualify for density bonus. The density bonus provided by this chapter shall be available only to a housing development of five or more dwelling units.

E.    Condominium conversion projects. A condominium conversion project for which a density bonus is requested shall comply with the eligibility and other requirements in Government Code Section 65915.5.

The amount of a density bonus allowed in a housing development shall be determined by the Council in compliance with this section. For the purposes of this chapter, “density bonus” means a density increase over the otherwise maximum allowable residential density under the applicable zoning district and designation of the Land Use Element of the General Plan as of the date of application by the applicant to the City.

A.    Density bonus. A housing project that complies with the eligibility requirements in Subsection 17.33.020.A.1, A.2, A.3, or A.4 shall be entitled to density bonuses as follows, unless a lesser percentage is proposed by the applicant.

1.    Bonus for units for lower-income households. A housing development that is eligible for a bonus in compliance with the criteria in Subsection 17.33.020.A.1 (10 percent of units for lower-income households) shall be entitled to a density bonus calculated as follows:

2.    Bonus for units for very low-income households. A housing development that is eligible for a bonus in compliance with the criteria in Subsection 17.33.020.A.2 (five percent of units for very low-income households) shall be entitled to a density bonus calculated as follows:

3.    Bonus for senior citizen development. A housing development that is eligible for a bonus in compliance with the criteria in Subsection 17.33.020.A.3 (senior citizen development or mobile home park) shall be entitled to a density bonus of 20 percent.

4.    Bonus for moderate income units in common interest development. A housing development that is eligible for a bonus in compliance with the criteria in Subsection 17.33.020.A.4 (10 percent of units in a common interest development for persons and families of moderate income) shall be entitled to a density bonus calculated as follows:

5.    Density bonus for land donation. When an applicant for a tentative map, parcel map, or other residential development approval donates land to the City in compliance with this subsection, the applicant shall be entitled to a density bonus for the entire development, as follows; provided, that nothing in this subsection shall be construed to affect the authority of the City to require a developer to donate land as a condition of development.

a.    Basic bonus. The applicant shall be entitled to a 15 percent increase above the otherwise maximum allowable residential density under the applicable General Plan Land Use Element designation and zoning for the entire development, and an additional increase as follows:

b.    Increased bonus. The increase in the table above shall be in addition to any increase in density required by Subsections A.1 through A.4 of this section, up to a maximum combined mandated density increase of 35 percent if an applicant seeks both the increase required in compliance with this Subsection A.5 of this section, as well as the bonuses provided by Subsection A (Density Bonus).

c.    Eligibility for increased bonus. An applicant shall be eligible for the increased density bonus provided by this subsection if all of the following conditions are met:

(1)    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.

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

(3)    The transferred land is at least one acre, or of sufficient size to permit development of at least 40 units, has the appropriate General Plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible.

(4)    No later than the date of approval of the final subdivision map, parcel map, or residential development, the transferred land shall have all of the permits and approvals, other than Building Permits, necessary for the development of the very low-income housing units on the transferred land, except that the City may subject the proposed development to subsequent design review to the extent authorized by Government Code Section 65583.2(I) if the design is not reviewed by the City before the time of transfer.

(5)    The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with Section 17.33.070 (Continued Availability), which shall be recorded on the property at the time of dedication.

(6)    The land is transferred to the City or to a housing developer approved by the City. The City may require the applicant to identify and transfer the land to the approved housing developer.

(7)    The transferred land shall be within the boundary of the proposed development or, if the City agrees, within one-quarter mile of the boundary of the proposed development.

B.    Greater or lesser bonuses. The City may choose to grant a density bonus greater than provided by this section for a development that meets the requirements of this section, or grant a proportionately lower density bonus than required by this section for a development that does not comply with the requirements of this section.

C.    Density bonus calculations. The calculation of a density bonus in compliance with this section that results in fractional units shall be rounded up to the next whole number, as required by state law. For the purpose of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels.

D.    Requirements for amendments or discretionary approval. The granting of a density bonus shall not be interpreted, in and of itself, to require a General Plan amendment, Zoning Map amendment, or other discretionary approval.

E.    Location of bonus units. The developer may locate density bonus units in the housing project in other than the areas where the units for the lower-income households are located.

A.    Applicant request and City approval. An applicant for a density bonus in compliance with this chapter may submit to the City a proposal for the specific incentives or concessions listed in Subsection C of this section (Type of incentives), that the applicant requests in compliance with this section, and may request a meeting with the Director. The applicant may file their request either prior to an application for City approval of the proposed project, or concurrently with the application for project approval. The Council shall grant an incentive or concession request that complies with this section unless the Council makes either of the following findings in writing, based upon substantial evidence:

1.    The incentive or concession is not required to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Subsection 17.33.070.B (Unit cost requirements); or

2.    The incentive or concession would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment, or on any real property listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.

The applicant shall show that a waiver or modification of development standards is necessary to make the housing units economically feasible.

B.    Number of incentives. The applicant shall receive the following number of incentives or concessions:

1.    One incentive or concession. One incentive or concession for a project that includes 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. Two incentives or concessions for a project that includes at least 20 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. Three incentives or concessions for a project that includes at least 30 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.

C.    Type of incentives. For the purposes of this chapter, concession or incentive means any of the following:

1.    A reduction in the site development standards of this Zoning Ordinance (e.g., site coverage limitations, setbacks, reduced parcel sizes, and/or parking requirements (see also Section 17.33.050 (Parking Requirements in Density Bonus Projects)), or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission in compliance with Health and Safety Code Section 18901 et seq., that would otherwise be required, that results in identifiable, financially sufficient, and actual cost reductions;

2.    Approval of mixed-use zoning not otherwise allowed by this Zoning Ordinance in conjunction with the housing development, if nonresidential land uses will reduce the cost of the housing development, and the nonresidential land uses are compatible with the housing project and the existing or planned development in the area where the project will be located;

3.    Other regulatory incentives proposed by the applicant or the City that will result in identifiable, financially sufficient, and actual cost reductions; and/or

4.    In its sole and absolute discretion, a direct financial contribution granted by the Council, including writing down land costs, subsidizing the cost of construction, or participating in the cost of infrastructure.

D.    Effect of incentive or concession. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a General Plan amendment, Zoning Map amendment, or other discretionary approval.

A.    Applicability. This section applies to a development that meets the requirements of Section 17.33.020 (Eligibility for Bonus, Incentives, and Concessions), but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in this section in compliance with Section 17.33.040 (Allowed Incentives and Concessions).

B.    Number of parking spaces required.

1.    At the request of the applicant, the City shall require the following vehicular parking ratios for a project that complies with the requirements of Section 17.33.020 (Eligibility for Bonus, Incentives, and Concessions), inclusive of handicapped and guest parking:

a.    Zero to one bedrooms units: One on-site parking space per unit.

b.    Two to three bedrooms units: Two on-site parking spaces per unit.

c.    Four and more bedrooms units: Two and one-half on-site parking spaces per unit.

2.    If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number.

C.    Location of parking. For purposes of this section, a development may provide on-site parking through uncovered parking, but not through on-street parking.

A housing development that complies with the resident and project size requirements of Subsections 17.33.020.A and B, and also includes as part of that development a child care facility other than a large or small family day care home, that will be located on the site of, as part of, or adjacent to the development, shall be subject to the following additional bonus, incentives, and requirements:

A.    Additional bonus and incentives. The City shall grant a housing development that includes a child care facility in compliance with this section either of the following:

1.    An additional density bonus that is an amount of floor area in square feet of residential space that is equal to or greater than the floor area of the child care facility; or

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

B.    Requirements to qualify for additional bonus and incentives.

1.    The City shall require, as a condition of approving the housing development, 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 density bonus units are required to remain affordable in compliance with Section 17.33.070 (Continued Availability); and

b.    Of the children who attend the child care facility, the children of very low-income households, lower-income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low-income households, lower-income households, or families of moderate income in compliance with Subsection 17.33.020.A (Resident requirements).

2.    The City shall not be required to provide a density bonus for a child care facility in compliance with this section if it finds, based upon substantial evidence, that the community has adequate child care facilities.

The units that qualified the housing development for a density bonus and other incentives and concessions shall continue to be available as affordable units in compliance with the following requirements, as required by Government Code Section 65915(c). See also Section 17.33.110 (Control of Resale).

A.    Duration of affordability. The applicant shall agree to, and the City shall ensure the continued availability of the units that qualified the housing development for a density bonus and other incentives and concessions, as follows:

1.    Low-, and very low-income units. The continued affordability of all low- and very low-income qualifying units shall be maintained for 30 years, or a longer time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

2.    Moderate-income units in common interest development. The continued availability of moderate-income units in a common interest development shall be maintained for a minimum of 10 years.

B.    Unit cost requirements. The rents and owner-occupied costs charged for the housing units in the development that qualify the project for a density bonus and other incentives and concessions shall not exceed the following amounts during the period of continued availability required by this section:

1.    Lower-income units. Rents for the lower-income density bonus units shall be set at an affordable rent as defined in Health and Safety Code Section 50053; and

2.    Owner-occupied units. Owner-occupied units shall be available at an affordable housing cost as defined in Health and Safety Code Section 50052.5.

C.    Occupancy and resale of moderate income common interest development units. An applicant shall agree to, and the City shall ensure that the initial occupant of moderate income units that are directly related to the receipt of the density bonus in a common interest development as defined in Civil Code Section 1351, are persons and families of moderate income, as defined in Health and Safety Code Section 50093, and that the units are offered at an affordable housing cost, as defined in Health and Safety Code Section 50052.5. The City shall enforce an equity sharing agreement unless it is in conflict with the requirements of another public funding source or law. The following requirements apply to the equity sharing agreement:

1.    Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation.

2.    The City shall recapture any additional subsidy and its proportionate share of appreciation, which shall then be used within three years for any of the purposes described in Health and Safety Code Section 33334.2(e) that promote home ownership. For the purposes of this section:

a.    The City’s initial subsidy shall be equal to the fair market value of the home at the time of initial sale, minus the initial sale price to the moderate income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.

b.    The City’s proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale. (Ord. 1025 § 13, 2015)

A.    Location/dispersal of units. As required by the Council in compliance with Section 17.33.090 (Processing of Bonus Requests), designated units shall be reasonably dispersed throughout the project where feasible, shall contain on average the same number of bedrooms as the nondesignated units in the project, and shall be compatible with the design or use of remaining units in terms of appearance, materials, and finished quality.

B.    Phasing. If a project is to be phased, the density bonus units shall be phased in the same proportion as the non-density bonus units, or phased in another sequence acceptable to the City.

A.    Permit requirement. A request for a density bonus and other incentives and concessions shall be evaluated and decided through Use Permit approval in compliance with Section 17.62.070 (Use Permit and Minor Use Permit); provided, the decision of the Commission on a Use Permit application shall be a recommendation to the Council, and the density bonus and other incentives and concessions shall be approved by the Council.

B.    Findings for approval. In addition to the findings required by Section 17.62.070 for the approval of a Use Permit, the approval of a density bonus and other incentives and concessions shall require that the review authority first make all of the following additional findings:

1.    The residential development will be consistent with the General Plan, except as provided by this chapter for density bonuses, and other incentives and concessions;

2.    The approved number of dwellings can be accommodated by existing and planned infrastructure capacities;

3.    Adequate evidence exists to indicate that the project will provide affordable housing in a manner consistent with the purpose and intent of this chapter; and

4.    There are sufficient provisions to guarantee that the units will remain affordable for the required time period.

A.    Agreement required. An applicant requesting a density bonus shall agree to enter into a density bonus agreement (referred to as the “agreement”) with the City in the City’s standard form of agreement.

B.    Agreement provisions.

1.    Project information. The agreement shall include at least the following information about the project:

a.    The total number of units approved for the housing development, including the number of designated dwelling units;

b.    A description of the household income group to be accommodated by the housing development, and the standards and methodology for determining the corresponding affordable rent or affordable sales price and housing cost consistent with HUD Guidelines;

c.    The marketing plan for the affordable units;

d.    The location, unit sizes (square feet), and number of bedrooms of the designated dwelling units;

e.    Tenure of the use restrictions for designated dwelling units of the time periods required by Section 17.33.070 (Continued Availability);

f.    A schedule for completion and occupancy of the designated dwelling units;

g.    A description of the additional incentives being provided by the City;

h.    A description of the remedies for breach of the agreement by the owners, developers, and/or successors-in-interest of the project; and

i.    Other provisions to ensure successful implementation and compliance with this chapter.

2.    Minimum requirements. The agreement shall provide, at minimum, that:

a.    The developer shall give the City the continuing right-of-first-refusal to lease or purchase any or all of the designated dwelling units at the appraised value.

b.    The deeds to the designated dwelling units shall contain a covenant stating that the developer or successors-in-interest shall not assign, lease, rent, sell, sublet, or otherwise transfer any interests for designated units without the written approval of the City.

c.    When providing the written approval, the City shall confirm that the price (rent or sale) of the designated dwelling unit is consistent with the limits established for low and very low-income households, as published by HUD.

d.    The City shall have the authority to enter into other agreements with the developer, or purchasers of the designated dwelling units, to ensure that the required dwelling units are continuously occupied by eligible households.

e.    Applicable deed restrictions, in a form satisfactory to the City Attorney, shall contain provisions for the enforcement of owner or developer compliance. Any default or failure to comply may result in foreclosure, specific performance, or withdrawal of the Certificate of Occupancy.

f.    In any action taken to enforce compliance with the deed restrictions, the City Attorney shall, if compliance is ordered by a court of competent jurisdiction, take all action that may be allowed by law to recover all of the City’s costs of action including legal services.

g.    Compliance with the agreement will be monitored and enforced in compliance with the measures included in the agreement.

3.    For-sale housing conditions. In the case of for-sale housing developments, the agreement shall provide for the following conditions governing the initial sale and use of designated dwelling units during the applicable restriction period:

a.    Designated dwelling units shall be owner-occupied by eligible households, or by qualified residents in the case of senior housing; and

b.    The initial purchaser of each designated dwelling unit shall execute an instrument or agreement approved by the City which:

(1)    Restricts the sale of the unit in compliance with this chapter during the applicable use restriction period;

(2)    Contains provisions as the City may require to ensure continued compliance with this chapter and state law; and

(3)    Shall be recorded against the parcel containing the designated dwelling unit.

4.    Rental housing conditions. In the case of a rental housing development, the agreement shall provide for the following conditions governing the use of designated dwelling units during the use restriction period:

a.    The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining the designated dwelling units for qualified tenants;

b.    Provisions requiring owners to annually verify tenant incomes and maintain books and records to demonstrate compliance with this chapter;

c.    Provisions requiring owners to submit an annual report to the City, which includes the name, address, and income of each person occupying the designated dwelling units, and which identifies the bedroom size and monthly rent or cost of each unit; and

d.    The applicable use restriction period shall comply with the time limits for continued availability in Section 17.33.070 (Continued Availability).

C.    Execution of agreement.

1.    Following Council approval of the agreement, and execution of the agreement by all parties, the City shall record the completed agreement on the parcels designated for the construction of designated dwelling units, at the county recorder’s office.

2.    The approval and recordation shall take place at the same time as the Final Map or, where a map is not being processed, before issuance of Building Permits for the designated dwelling units.

3.    The agreement shall be binding on all future owners, developers, and/or successors-in-interest.

In order to maintain the availability of for-sale affordable housing units constructed in compliance with this chapter, the following resale conditions shall apply:

A.    Limits on resale price. The price received by the seller of an affordable unit shall be limited to the purchase price plus an increase based on the Monterey metropolitan area consumer price index, an amount consistent with the increase in the median income since the date of purchase, or the fair market value, whichever is less. Before offering an affordable housing unit for sale, the seller shall provide written notice to the City of their intent to sell. The notice shall be provided by certified mail to the Director.

B.    Units to be offered to the City. Home ownership affordable units constructed, offered for sale, or sold under the requirements of this section shall be offered to the City or its assignee for a period of at least 90 days from the date the notice of intent to sell is delivered to the City by the first purchaser or subsequent purchasers. Home ownership affordable units shall be sold and resold from the date of the original sale only to households as determined to be eligible for affordable units by the City in compliance with this section. The seller shall not levy or charge any additional fees nor shall any “finders fee” or other monetary consideration be allowed other than customary real estate commissions and closing costs.

C.    Declaration of restrictions. The owners of any affordable unit shall attach and legally reference in the grant deed conveying title of the affordable ownership unit a declaration of restrictions provided by the City, stating the restrictions imposed in compliance with this section. The grant deed shall afford the grantor and the City the right to enforce the declaration of restrictions. The declaration of restrictions shall include all applicable resale controls, occupancy restrictions, and prohibitions required by this section.

D.    City to monitor resale of units. The City shall monitor the resale of ownership affordable units. The City or its designee shall have a 90-day option to commence purchase of ownership affordable units after the owner gives notification of intent to sell. Any abuse in the resale provisions shall be referred to the City for appropriate action.

A.    Judicial relief. As provided by Government Code Section 65915(d)(3), the applicant may initiate judicial proceedings if the City refuses to grant a requested density bonus, incentive, or concession.

B.    Waiver of standards preventing the use of bonuses, incentives, or concessions.

1.    As required by Government Code Section 65915(e), the City will not apply a development standard that will have the effect of precluding the construction of a development meeting the criteria of Subsection 17.33.020.A (Resident requirements), at the densities or with the concessions or incentives allowed by this chapter.

2.    An applicant may submit to the City a proposal for the waiver or reduction of development and zoning standards that would otherwise inhibit the utilization of a density bonus on a specific site, including minimum parcel size, side setbacks, and placement of public works improvements.

3.    The applicant shall show that the waiver or modification is necessary to make the housing units economically feasible.

C.    City exemption. Notwithstanding the provisions of Subsections A and B of this section, nothing in this section shall be interpreted to require the City to:

1.    Grant a density bonus, incentive, or concession, or waive or reduce development standards, if the bonus, incentive, concession, waiver, or reduction, would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or

2.    Grant a density bonus, incentive or concession, or waive or reduce development standards, that would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

The requirements of this chapter are intended to ensure that suitable off-street parking and loading facilities are provided for all uses and developments, and that the facilities are properly designed, attractive, and located to be unobtrusive while meeting the needs of the specific use.

A.    Off-street parking and loading required. Each land use and structure, including a change or expansion of a land use or structure, shall provide suitable off-street parking and loading facilities in compliance with this chapter.

B.    Timing of improvements. A land use shall not be commenced and a structure shall not be occupied until the parking and loading improvements required by this chapter are completed and approved in accordance with the applicable development permit.

C.    Common, shared, or municipal provided parking. Where common or shared parking has been duly authorized or where parking can be provided through a municipal parking lot, the parking requirements required by this chapter shall not apply.

D.    Parking district. Upon recommendation of the Commission, the parking requirements required by this chapter shall not apply in those areas where a parking district has been duly established.

A.    Parking and loading spaces to be permanent. Each parking and loading space shall be permanently available, marked, and maintained for parking or loading purposes for the use it is intended to serve; provided, that the approval of a Limited Term Permit (Section 17.62.040) may allow the temporary use of a parking or loading space for other purposes.

1.    Subdivision of property. No subdivision shall be approved that has the effect of reducing existing on-site parking below the minimum number of spaces required by this chapter.

2.    Lot restriping. A parking lot shall not be restriped to reduce the number of parking spaces below the minimum required by this chapter.

B.    Parking and loading to be unrestricted. A lessee, owner, tenant, or other person having control of the operation of the premises for which parking or loading spaces are required by this chapter shall not prevent, prohibit, or restrict authorized persons from using the spaces without the prior approval of the Zoning Administrator.

C.    Vehicles for sale. A vehicle may be parked or placed on private property for the purpose of displaying the vehicle for hire, rental, or sale as follows:

1.    In residential zones (single-family and multi-family), up to two vehicles are permitted to be on the property provided the registered owner of the vehicle must occupy the dwelling unit as their principal residence; and

2.    In nonresidential zones, a vendor may display vehicles for hire, sale, or rental on private property when said property is zoned and developed for such use and the vendor is licensed to transact such use at that location.

D.    Cargo/shipping containers. No cargo/shipping container (e.g., metal “Seatrain” or other similar cargo container) shall be stored within a designated parking space, loading area or residential driveway. (Ord. 1051 § 10, 2018)

Each land use shall be provided the number of off-street parking spaces required by this section. See Sections 17.34.050, 17.34.060, 17.34.070, and 17.34.090 for off-street parking requirements for accessible vehicles, bicycles, motorcycles, and recreational vehicles, respectively.

A.    Parking requirements by land use.

1.    Each land use shall provide the number of off-street parking spaces required by Table 3-8, except where a greater number of spaces are authorized through Minor Use Permit or Use Permit approval in compliance with Section 17.62.070 (Use Permit and Minor Use Permit) or where exceptions apply for legal nonconforming parking, in compliance with Subsection 17.72.030.C (Nonconforming Parking). Approval of excess parking spaces shall comply with Subsection F of this section (Excessive Parking).

2.    A land use not specifically listed in Table 3-8 shall provide parking as required by the Zoning Administrator. The Zoning Administrator shall use the requirements in Table 3-8 as a guide in determining the appropriate number of off-street parking spaces required for the use.

3.    In any case where Table 3-8 expresses a parking requirement based on floor area in square feet (for example: one space for each 1,000 sf), “sf” shall mean square feet of gross interior leasable floor area, unless stated otherwise (e.g., ground area).

4.    When calculating a parking requirement for a residential use under Table 3-8, the area within an enclosed garage shall not be included as interior floor area for the purpose of establishing the parking requirement.

5.    A single land use with accessory components or a site with multiple land uses shall provide parking for each component. For example, a hotel with a gift shop shall provide the parking spaces required by Table 3-8 for a hotel (e.g., the guest rooms) and for a gift shop.

B.    Expansion of structure, change in use. When a structure is enlarged, or when a change in its use requires more off-street parking than the previous use, additional parking spaces shall be provided in compliance with this chapter. See also Chapter 17.72 (Nonconforming Uses, Structures, and Parcels) for any exceptions or exemptions regarding parking requirements for expanded structures or changes in use.

C.    Multi-tenant sites.

1.    A site with multiple tenants (e.g., two or more) shall provide the aggregate number of parking spaces required for each separate use (e.g., sum of the separate requirements for each use).

2.    When a multi-tenant center includes one or more uses that will need more parking than retail uses (e.g., a health/fitness facility, restaurant, or theater), additional parking shall be required for the non-retail use unless a parking reduction is approved in compliance with Section 17.34.100 (Reduction of Parking Requirements).

D.    Alternate use of parking areas prohibited. Off-street parking areas shall not be used for the repair, servicing, or storage of vehicles or materials, the sale of any goods or services, or any other work area that is not specifically associated with an approved development permit on the site and/or retail center.

E.    No reduction of parking facility allowed.

1.    Nonresidential use. No nonresidential off-street parking facility (covered or uncovered) shall be reduced in capacity or in area without sufficient additional capacity or additional area being provided in order to comply with the parking regulations of this chapter. See also Section 17.34.100 (Reduction of Parking Requirements) for reduced parking allowances.

2.    Residential use. No residential off-street parking facility, garage, carport, or uncovered parking space shall be reduced in capacity or in area, converted to habitable space, or modified to restrict or limit vehicle access unless additional parking of the same capacity is provided to replace the reduced area, converted garage, carport, or uncovered parking space in compliance with this Zoning Code.

F.    Excessive parking.

1.    The City discourages a land use being provided more off-street parking spaces than required by this chapter in order to avoid the inefficient use of land, unnecessary pavement, and excessive stormwater runoff from paved surfaces.

2.    The provision of off-street parking spaces in excess of 10 percent over the requirements in Table 3-8 is allowed only with Minor Use Permit approval in compliance with Section 17.62.070 (Use Permit and Minor Use Permit), and only when additional landscaping, pedestrian amenities, and necessary storm drain improvements are provided to the satisfaction of the review authority.

G.    Rounding of calculations. If a fractional number of required parking spaces is obtained in calculations performed in compliance with this chapter, one additional parking space shall be required for a fractional unit of 0.5 or above; no additional space shall be required for a fractional unit of less than 0.5.

H.    Bench or bleacher seating. Where fixed seating is provided as benches, bleachers, pews, or similar seating, a seat shall be defined as 24 inches of bench space for the purpose of calculating the number of parking spaces required by Table 3-8.

I.    Parking based on employees. Whenever parking requirements are based on the number of employees, calculations shall be based on the largest number of employees on duty at any one time.

J.    Use of on-street parking. Available on-street parking spaces cannot be used to meet the parking requirements identified in this chapter.

1.    An exception to this provision may be granted for a nonresidential use, licensed day care facility or a preschool, subject to Minor Use Permit approval, in compliance with Section 17.62.070.

2.    The Minor Use Permit for an exception may only be issued if it meets all of the following criteria, in addition to the findings identified in Section 17.62.070:

a.    The exception shall be granted only for uses in an existing structure. It shall not be granted for any expansion of gross interior floor area to a structure or for new construction.

b.    The maximum amount of parking which is feasible shall be provided on site.

c.    The exception shall only be granted in situations where the City Engineer has determined that the exception will not result in potentially unsafe conditions for vehicles or pedestrians.

3.    Each Minor Use Permit that grants an exception to off-street parking requirements shall be reviewed on an annual basis and, if it is found that the use of on-street parking spaces by the facility is creating a nuisance, the City may initiate proceedings to revoke the Minor Use Permit in compliance with Section 17.80.060 (Permit Revocation).

K.    Nonconforming parking. See Chapter 17.72 (Nonconforming Use, Structure, and Parcels) for nonconforming parking allowances.

(1) See Sections 17.34.050, 17.34.060, 17.34.070, 17.34.080, and 17.34.090 for additional parking requirements.

(1) See Sections 17.34.050, 17.34.060, 17.34.070, 17.34.080, and 17.34.090 for additional parking requirements.

(1)    See Sections 17.34.050, 17.34.060, 17.34.070, 17.34.080, and 17.34.090 for additional parking requirements.

(2)    See Subsection 17.30.100.D.2 for limitations on required parking located within setbacks.

(3)    Existing parking spaces may be used to satisfy these requirements. The area within an enclosed garage shall not be included in the floor area for the purpose of establishing the minimum number of parking spaces for a residential land use.

(4)    An existing garage shall not be converted unless the replacement parking is provided within a garage.

(1)    See Sections 17.34.050, 17.34.060, 17.34.070, 17.34.080, and 17.34.090 for additional parking requirements.

(1)    See Sections 17.34.050, 17.34.060, 17.34.070, 17.34.080, and 17.34.090 for additional parking requirements.

(Ord. 1025 § 14, 2015)

A.    Number of spaces required.

1.    One accessible parking space shall be provided within a parking lot with up to 25 spaces.

2.    Parking lots with 25 or more spaces shall include additional accessible spaces as required by state or federal law.

3.    Required accessible parking spaces shall count toward the minimum number of off-street parking spaces required by this chapter.

B.    Minimum space width. Each accessible parking space shall have a minimum width of 14 feet. When a van accessible parking space is required by the California Building Code, the minimum width shall be 17 feet. Accessible parking space design and location shall conform to state or federal law.

C.    All accessible spaces shall be located so that:

1.    The spaces provide easy access from the closest parking area to the major entrances of the use for which they are provided;

2.    The disabled individual is not compelled to wheel or walk behind parked cars other than his or her own; and

3.    A pedestrian way accessible to physically disabled persons shall be provided from each parking space to related facilities including curb cuts and/or ramps.

D.    Approval. All designated disabled parking spaces shall be subject to review and approval by the Building Official.

Each multi-family project and nonresidential land use shall provide bicycle parking in compliance with this section.

A.    Number of bicycle spaces required.

1.    Short-term bicycle parking space. If a land use or project is anticipated to generate visitor traffic, the project must provide permanently anchored bicycle racks within 200 feet of the visitors’ entrance. To enhance security and visibility, the bicycle racks shall be readily visible to passers-by. The bicycle capacity of the racks must equal an amount equivalent to five percent of all required off-street vehicle parking. There shall be a minimum of one rack with capacity for two bicycles.

2.    Long-term bicycle parking. Buildings with over 10 tenant-occupants (e.g., multi-family tenants, owners, employees) shall provide secure bicycle parking for five percent of all required off-street vehicle parking spaces. There shall be a minimum of one long-term bicycle parking space. Acceptable parking facilities shall be convenient from the street and include one or a combination of the following:

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

b.    Lockable bicycle rooms with permanently anchored racks.

c.    Lockable, permanently anchored bicycle lockers.

In the case of residential development, a standard garage is sufficient, if available.

B.    Bicycle parking design. Each bicycle parking space shall include a stationary parking facility to adequately secure the required number of bicycle spaces. Each bicycle parking space shall be a minimum of two feet in width and six feet in length, with a minimum of seven feet of overhead clearance, and shall be conveniently located and generally within proximity to the main entrance of a structure. No portion of a required bicycle parking space shall encroach onto the public right-of-way, designated vehicle or pedestrian travel ways, or other internal circulation areas, nor be obstructed in any way to hinder safe and easy access for bicycle users.

Figure 3-10 – Bicycle Parking Requirements and Dimensions

A parking lot with 50 or more vehicle parking spaces shall provide motorcycle parking spaces conveniently located near the main entrance to the primary structure and accessed by the same access aisles that serve the vehicle parking spaces in the parking lot.

A.    Number of spaces required. A minimum of one motorcycle parking space shall be provided for each 50 vehicle spaces or fraction thereof.

B.    Space dimensions. Motorcycle spaces shall have minimum dimensions of four feet by seven feet.

Table 3-9 specifies the required number of off-street parking spaces to be provided for all nonresidential uses. These spaces should be designated parking spaces for any combination of low-emitting, fuel-efficient, and carpool/vanpool vehicles (including electric vehicles). There are no requirements for residential uses.

A.    Parking stall marking. Clean air vehicle parking space shall be striped with cross hatching and signed identifying the parking stall as “Parking for clean emission vehicles only.” (Ord. 1025 § 15, 2015)

A.    Recreational vehicle (RV) parking spaces. Off-street recreational vehicle (RV) parking spaces shall be provided as follows for retail uses, shopping centers, and visitor attractions that are required by this chapter to provide 40 or more off-street parking spaces.

1.    Number of RV spaces required. RV parking spaces shall be provided at a minimum ratio of one RV space for each 40 off-street vehicle parking spaces, or fraction thereof, required by this chapter.

2.    RV stall dimensions. Each RV parking space shall be designed as a pull-through space with a minimum width of 12 feet and a minimum length of 40 feet, with 16 feet of vertical clearance.

3.    Modifications by Zoning Administrator. The Zoning Administrator may modify the provisions of this subsection through a Minor Use Permit granted in compliance with Section 17.62.070 (Use Permit and Minor Use Permit).

B.    Recreational vehicle (RV) storage in residential zones.

1.    The storage (parking for any period longer than 72 hours) of a recreational vehicle and/or boat within a residential zone shall be allowed only when all portions of the vehicle or boat are located entirely within the property boundaries and do not extend into the public right-of-way.

2.    Parking within setback areas shall comply with Subsection 17.30.100.D (Setback Requirements and Exceptions – Limitations on the use of setbacks) and Section 17.34.150 (Parking of Other Than Passenger Vehicles).

A.    Shared on-site parking.

1.    Where two or more nonresidential uses located within the same multi-tenant site and/or with a shared parking lot have distinct and differing peak parking usage periods (e.g., a theater and a bank), a reduction in the required number of parking spaces may be allowed through Minor Use Permit approval granted in compliance with Section 17.62.070 (Use Permit and Minor Use Permit).

2.    Approval shall also require a recorded covenant running with the land, recorded by the owner of the parking lot, guaranteeing that the shared parking will be maintained exclusively for the use served for the duration of the use.

B.    Reduction of required parking. The Planning Commission may reduce the number of parking spaces required by Section 17.34.040 (Number of Parking Spaces Required), through the granting of a Use Permit, in compliance with Section 17.62.070 (Use Permit and Minor Use Permit), after making the following findings, in addition to those required by Section 17.62.070:

1.    A structure with nonconforming parking is proposed for rehabilitation and the existing structure’s location, underlying parcel size or topography, or public safety concerns render the applicable parking requirement unreasonable.

2.    An applicant is able to provide quantitative information that documents the need for fewer spaces (e.g., sales receipts, documentation of customer frequency).

Required parking areas shall be designed, constructed, and properly maintained in compliance with the following requirements. Except where otherwise noted, the Planning Commission may modify the requirements of this section through Use Permit approval (Section 17.62.070, Use Permit and Minor Use Permit) in compliance with Subsection N of this section (Deviation from standards requires a detailed study approved by the Commission).

A.    Access to parking. Access to parking areas shall be provided as follows for all parking areas other than garages for single-family dwelling units or garages that serve individual dwelling units as part of a multi-family residential project.

1.    Parking areas shall provide suitable maneuvering area so that vehicles enter from and exit to a public street in a forward direction only. This requirement does not apply to alleys, unless so specified in a specific zone.

2.    Parking lots shall be designed to prevent access at any point other than at designated access drives.

3.    A nonresidential development that provides 50 or more parking spaces shall have access driveways that are not intersected by a parking aisle, parking space, or another access driveway for a minimum distance of 20 feet from the street right-of-way, to provide a queuing or stacking area for vehicles entering and exiting the parking area (see Figure 3-11).

4.    A minimum unobstructed clearance height of 16 feet shall be maintained above areas accessible to vehicles within nonresidential developments.

B.    Access to adjacent sites.

1.    Nonresidential developments.

a.    Applicants for nonresidential developments are encouraged to provide on-site vehicle access to parking areas on adjacent nonresidential properties to provide for convenience, safety, and efficient circulation.

b.    A joint access agreement running with the land shall be recorded by the owners of the abutting properties, as approved to form by the City Attorney, guaranteeing the continued availability and maintenance of the shared access between the properties.

2.    Multi-family residential developments. Shared pedestrian access between adjacent multi-family residential developments is also strongly encouraged.

C.    Location of parking. Parking areas shall be located as follows:

1.    Residential. Residential parking shall be located on the same parcel as the uses served. See Subsection 17.30.100.D.2 (Limitations on the use of setbacks) for limitations on the location of residential parking with respect to required setback areas.

2.    Nonresidential. Nonresidential parking shall be located on the same parcel as the uses served or within 300 feet of the parcel if shared parking or public parking facilities are used to meet parking requirements. A greater distance may be authorized by the Commission through Use Permit approval. Parking spaces shall be separated from the side or rear property line by a minimum five-foot-wide landscaped area.

D.    Parking stall and lot dimensions.

1.    Minimum parking space and driveway dimensions. Each parking stall, driveway, and other parking lot features shall comply with the minimum dimension requirements in Tables 3-10 and 3-11, and as illustrated in Figures 3-12 and 3-13. Parking space widths shall be measured from the centerline of each of the painted markings for a space, and parking space lengths shall be measured along the full unobstructed area accessible to a vehicle.

* Measured perpendicular to aisle

2.    Space width abutting a column, fence, or wall. When the length of a parking space abuts a column, fence, wall, or other obstruction, the required width of the entire parking space shall be increased by at least one foot.

3.    Obstructions within a parking space. Permanent obstructions are not allowed to encroach into the minimum required parking stall dimension as required by this chapter, including, but not limited to, furnaces, washing machines, workshop benches, mechanical or electrical equipment, stair steps, etc.

4.    Vehicle overhanging landscaped area or walkway prohibited. The required length of a parking space shall not provide for a vehicle overhanging a landscaped area or walkway (see Subsection J of this section). The entire length of a parking space shall be composed of a surfacing material in compliance with Subsection H of this section.

5.    Use of compact vehicle spaces. The minimum off-street parking dimensions for compact vehicle spaces shall be as identified in Table 3-12.

a.    Allowable use of compact vehicle spaces.

(1)    The first 25 spaces of any project shall be standard sized spaces.

(2)    In multi-family residential projects, up to 20 percent of the required uncovered parking spaces may be compact spaces.

(3)    For nonresidential projects, up to 20 percent of the required parking spaces may be compact spaces.

b.    Compact spaces shall be clearly labeled for compact cars.

c.    Compact spaces shall be grouped together in one or more locations or at regular intervals so that only compact vehicles can easily maneuver into the space(s).

d.    Existing commercial developments that wish to utilize this subsection to create additional parking spaces shall apply to the Commission for Use Permit approval, in compliance with Section 17.62.070 (Use Permit and Minor Use Permit).

e.    For each compact vehicle space provided as allowed by this subsection, 50 square feet of landscaped area shall be provided within the parking lot area.

f.    Design techniques (e.g., use of lampposts, wheel stops, and/or extra landscaped areas at the front of compact spaces) shall be incorporated into the parking lot plan to preclude the parking of standard size vehicles in compact vehicle spaces.

* Measured perpendicular to aisle

Figure 3-14 – Parking Space Dimensions

g.    When the length of a compact parking space abuts a column, fence, wall, or other obstruction, the required width of the entire parking space shall be increased by a least one foot.

6.    Minimum entrance and back-up distance. Parking lots having perpendicular parking spaces shall reserve the following areas for safe maneuverability:

(1)    Where the entrance to the parking lot is from a collector or arterial street, the first parking spaces parallel to the street on either side of the entrance shall be located no less than five feet from the property line or no less than 10 feet from the existing or proposed face of curb.

(2)    Where the parking lot does not provide a continuous circulation for vehicles, a reserve back-up area with a minimum depth of eight feet for a standard space and five feet for a compact space at the end of the dead-end aisle.

E.    Landscaping of parking lots. Parking lots shall be landscaped as follows:

1.    Landscape materials. Landscaping shall be provided throughout the parking lot as a combination of ground cover, shrubs, and trees.

2.    Curbing. Areas containing plant materials shall be bordered by a minimum six-inch-high concrete curb, except adjacent to bicycle paths, or where otherwise deemed unnecessary by the Zoning Administrator.

3.    Perimeter landscaping. All surface parking areas shall be screened from streets and adjoining properties, and the open areas between the property line and the public street right-of-way shall be landscaped.

a.    Adjacent to streets.

(1)    A parking area for a nonresidential use adjoining a public street shall be designed to provide a landscaped planting strip between the street right-of-way and parking area equal in depth to the setback required by the applicable zone or eight feet, whichever is greater; except that the required width of the landscape strip may be reduced by the Board of Architectural Review, where the Board determines that the overall site area is insufficient to accommodate allowable structures and required parking along with a landscape strip of the required width.

(2)    A parking area for a residential use, except for a single dwelling, shall be designed to provide a landscaped planting strip between the street right-of-way and parking area with a minimum width of five feet.

(3)    Landscaping shall be designed and maintained to screen cars from view from the street to a minimum height of three feet, but shall not exceed the maximum allowable height within a traffic safety visibility area in compliance with Subsection 17.30.030.E (Height limit within traffic safety visibility areas). However, where the finished elevation of the parking area is lower at the boundary line than the abutting property elevation, the change in elevation may be used in lieu of, or in combination with, additional screening to satisfy this requirement.

(4)    Screening materials may include a combination of plant materials, earth berms, raised planters, solid decorative masonry walls, or other screening devices which meet the intent of this requirement.

(5)    Shade trees shall be provided at a minimum rate of one for every 25 linear feet of landscaped area, or other spacing as determined by the review authority to be appropriate to the site and surrounding development.

(6)    Any plant materials, signs, or structures within a traffic safety visibility area shall comply with Subsection 17.30.030.E (Height limit within traffic safety visibility areas).

b.    Adjacent to side or rear property lines. Parking areas for nonresidential uses shall provide a perimeter landscape strip at least eight feet wide (inside dimension) where the parking area adjoins a side or rear property line.

(1)    Exception: The required width of the landscape strip may be reduced by the Board of Architectural Review where it determines that overall site area is insufficient to accommodate allowable structures and required parking along with a landscape strip of the otherwise required width.

(2)    The requirement for a landscape strip may be satisfied by a setback or buffer area that is otherwise required equal or greater to eight feet (inside dimension).

(3)    Trees shall be provided at the rate of one for each 25 linear feet of landscaped area, or other spacing as determined by the review authority to be appropriate to the site and surrounding development.

c.    Adjacent to structures. When a parking area is located adjacent to a nonresidential structure, a minimum eight-foot-wide (inside dimension) landscape strip shall be provided adjacent to the structure, inclusive of any building entries, or areas immediately adjacent to the wall of the structure that serve as pedestrian access ways. The required width of the landscape strip may be reduced by the review authority where it determines that overall site area is insufficient to accommodate allowable structures and required parking along with a landscape strip of the otherwise required width.

d.    Adjacent to residential use. A parking area for a nonresidential use adjoining a residential use shall provide a landscaped setback with a minimum 10-foot width between the parking area and the common property line bordering the residential use (see Subsection 17.30.020.G, Screening requirements).

(1)    A solid decorative masonry wall or fence, except for approved pedestrian access, and landscape buffer shall be provided along the property line to address land use compatibility issues (e.g., light/glare and nuisance noise) as determined by the review authority (see Subsection 17.30.020.G, Screening requirements).

(2)    Trees shall be provided at the rate of one for each 25 linear feet of landscaped area, or other spacing as determined by the review authority to be appropriate to the site and surrounding development.

4.    Interior parking lot landscaping.

a.    Amount of landscaping. Multi-family residential and nonresidential uses shall provide landscaping areas within each outdoor parking area at a minimum ratio of 10 percent of the gross area of the parking lot.

(1)    The review authority may grant an exception for small, infill parking lots where compliance with this standard is not feasible without significantly reducing the number of parking spaces.

(2)    Trees not less than six feet in planted height and 24-gallon container in size shall be planted throughout the parcel and along any street frontage.

(3)    At a minimum, one shade tree shall be provided for every five parking spaces.

b.    Location of landscaping. Landscaping shall be evenly dispersed throughout the parking area, as follows:

(1)    Orchard-style planting (the placement of trees in uniformly spaced rows) is encouraged for larger parking areas.

(2)    Parking lots with more than 50 spaces shall provide a concentration of landscape elements at primary entrances, including, at a minimum, specimen trees, flowering plants, enhanced paving, and project identification.

(3)    Landscaping shall be located so that pedestrians are not required to cross unpaved landscaped areas to reach building entrances from parked cars. This shall be achieved through proper orientation of the landscaped fingers and islands, and by providing pedestrian access through landscaped areas that would otherwise block direct pedestrian routes.

c.    Groundwater recharge. The design of parking lot landscape areas shall consider, and may, where appropriate, be required to include provisions for the on-site detention of stormwater runoff, pollutant cleansing, and groundwater recharge. Curbing may be eliminated where landscaping is designed for groundwater recharge.

F.    Lighting. Parking lot lighting shall be provided in compliance with Section 17.30.070 (Outdoor Lighting).

G.    Striping and identification.

1.    Parking spaces shall be clearly outlined with four-inch-wide lines painted on the parking surface.

2.    The striping shall be continuously maintained in a clear and visible manner in compliance with the approved plans.

3.    The restriping of any parking space or lot for the purpose of reconfiguration of parking spaces shall require the prior approval of a restriping plan by the City Engineer as well as by the original review authority for the project, if applicable.

H.    Proper grading, surfacing, and maintenance of parking lots required.

1.    All grading plans relating to the parking facilities shall be reviewed and approved by the City Engineer before any work can commence.

a.    All off-street parking facilities shall be properly graded and drained so as to dispose of all surface water accumulated within the area of the parking lot.

b.    In no instance shall a storm drainage facility be designed to allow the flow of water into abutting property.

2.    All parking spaces and maneuvering areas, except those identified in Subsection H.3 of this section, shall be properly surfaced with two inches of asphaltic concrete over a five-inch aggregate base, or comparable material as determined by the City Engineer.

3.    Required parking areas in the RS-8 and RS-12 (Single-Family Residential) zones may be surfaced with gravel, decomposed granite, or other all-weather surface as determined to be appropriate by the City Engineer.

I.    Tandem parking. Use of tandem parking (when one space is located directly behind another) shall not be allowed to satisfy the off-street parking requirements of this chapter, except that tandem parking may be permitted in the following instances, when compliant with all other applicable development standards for required parking spaces:

1.    For all conforming single-family residential dwellings, one tandem parking space may be provided in order to meet the minimum required parking on the property subject to the tandem space not being located within a required front yard setback or street side yard setback. When a single-family residential property is able to support a residential second unit, in compliance with Section 17.52.230 (Residential Second Units), the required parking space for the residential second unit may not be configured in tandem with any required parking spaces for the primary residence.

2.    For all conforming two- or three-unit multi-family residential developments, one tandem parking space may be provided in order to meet the minimum required parking on the property, where the tandem space is designated for the same unit as that located directly behind it and the tandem parking space would not interfere with on-site circulation movements.

3.    The Zoning Administrator may not modify this prohibition. Modifications to this provision shall require review and approval by the Traffic Advisory Committee and Planning Commission.

J.    Vehicle overhang and wheel stops/curbing.

1.    Continuous concrete curbing at least six inches high and six inches in depth shall be provided for parking spaces located adjacent to fences, walls, walkways, property lines, landscaped areas, and structures.

2.    Single- or double-tire wheel stops shall be installed, in addition to continuous curbing, where parking spaces abut landscaped areas, property lines, or walkways in order to avoid vehicle overhang into such areas.

3.    Wheel stops may be provided in lieu of continuous curbing only when the parking space is adjacent to a landscaped area and the drainage is directed to the landscaped area.

4.    When provided, wheel stops shall be placed to allow for two feet of vehicle overhang area within the dimension of the parking space in order to avoid overhang onto walkways, property lines, and landscaped areas.

K.    Continuous curb cuts prohibited. Access to an off-street parking lot shall not be allowed to occur through the use of a continuous curb cut.

L.    Parking areas within a commercial structure. No parking area located within a commercial structure may be counted in meeting the off-street parking requirements of this chapter, except as follows:

1.    When located within a public or private parking garage;

2.    When allowed by Use Permit approval in compliance with Section 17.62.070 (Use Permit and Minor Use Permit).

M.    Entrance or exits adjacent to side properly line prohibited. No entrance or exit, including driveways, to off-street parking areas shall be situated closer than three feet from a side property line.

N.    Deviation from standards requires a detailed study approved by the Commission. No proposed parking layout that deviates from the standards identified in this section and which could create a safety hazard(s) shall be allowed unless the developer provides a detailed, stamped report or study prepared by a registered transportation engineer which demonstrates to the satisfaction of the City Engineer, the Zoning Administrator, and the Commission that the parking layout is a viable alternative and is consistent with the purpose of this chapter.

Each driveway providing site access from a street, alley, or other public right-of-way shall be designed, constructed, and properly maintained in compliance with the following. The Zoning Administrator may modify the requirements of this section (excluding Subsection A of this section) through Minor Use Permit approval (Section 17.62.070) in consultation with the City Engineer.

A.    Number of driveways. The number and placement of driveways shall be limited as follows; provided, that second driveways or additional curb cuts on a parcel containing a single-family dwelling may be approved by the City Council following a recommendation from the Traffic Advisory Committee:

1.    Single dwellings and duplexes. A single dwelling or duplex shall be allowed one driveway, except that:

a.    A circular driveway may be allowed on a parcel with 70 feet or more of street frontage; and

b.    A parcel within the RS-8 or RS-12 zones with a frontage of 200 feet or more may have two separate driveways; provided, that they are separated by a minimum of 100 feet, or lesser distance as approved by the City Engineer based on considerations of site topography and traffic safety.

c.    A driveway accessible from an alley shall not be included when determining the maximum number of driveways on a single-family or duplex parcel, provided the driveway complies with all other standards of this Zoning Code regarding surfacing, distance, maximum area of hardscape on a parcel, etc.

d.    In the event a covered parking space has been converted or removed, the driveway and drive approach serving the covered space that has been converted or removed must be removed within the area located in the required front yard setback. The drive approach must be removed and replaced with standard curb, gutter and sidewalk. The driveway and drive approach may remain if the driveway can be used to provide access to a legal uncovered parking space.

2.    Multi-family and nonresidential projects.

a.    A multi-family or nonresidential development project on a parcel of two acres or less shall be limited to a maximum of two driveways, unless the City Engineer determines that more than two driveways are required to accommodate the traffic for the project.

b.    Whenever a property has access to more than one street, access shall be generally limited to the lowest volume street where the impact of a new access will be minimized.

B.    Distance from street corners. Each driveway shall be separated from the nearest street intersection as follows, except where the City Engineer allows a lesser separation.

1.    A minimum of 150 feet from the nearest intersection, as measured from the centerline of the driveway to the centerline of the nearest travel lane of the intersecting street; and

2.    For parcels with frontages less than 150 feet, the minimum distance shall be 100 feet.

C.    Driveway spacing. Driveways shall be separated along a street frontage as follows:

1.    Single-family and duplex residential developments. Driveways on abutting properties shall be separated by at least six feet, unless the City Engineer approves a shared, single driveway. The six-foot separation shall not include the transition or wing sections on each side of the driveway.

2.    Multi-family and nonresidential developments. Where two or more driveways serve the same or adjacent multi-family or nonresidential development, the centerline of the driveways shall be separated by a minimum of 50 feet. The City Engineer may approve exceptions to this standard.

D.    Driveway dimensions.

1.    Single dwelling. Each single dwelling shall provide a driveway leading to an off-street parking space(s) with a minimum width of 12 feet for a one-car garage/carport and 16-feet for a two-car garage/carport and a minimum length of 20 feet, as measured from the property line of the public street from the property line from which the driveway initiates. See Subsection H.3 of this section for exceptions for detached garages.

2.    Multi-family and nonresidential development.

a.    A driveway for a multi-family or nonresidential development shall have a minimum paved width of 13 feet for a one-way driveway and 26 feet for a two-way driveway.

b.    The maximum driveway width shall be 35 feet, exclusive of any area provided for a median divider.

E.    Clearance from obstructions.

1.    The nearest edge of a driveway curb cut shall be at least three feet from the nearest property line, the centerline of a fire hydrant, light standard, traffic signal, utility pole, or other similar facility.

2.    Street trees shall be a minimum of 10 feet from the driveway access, measured at the trunk.

3.    A driveway shall have an overhead clearance of 14 feet in height except within a parking structure, which may be reduced to seven feet, six inches.

F.    Traffic safety visibility areas. See Subsection 17.30.030.E (Height limit within traffic safety visibility areas).

G.    Surfacing.

1.    Within the multi-family and nonresidential zones, driveways shall be paved and permanently maintained with asphalt, concrete, or other approved paving units as allowed by the City Engineer.

2.    Within other zones (e.g., RS-8 or RS-12), driveways may be constructed with the use of other all-weather surfacing as determined to be appropriate by the City Engineer, where it is first determined that a surface other than asphalt or concrete is consistent with the driveways of similar properties in the vicinity and that the alternate surface will not impair accessibility for emergency vehicles.

3.    Minimum paved length. Except where any portion of a driveway is allowed to be unpaved by this Zoning Ordinance, the City Engineer, or a review authority, each driveway shall be paved with a hard, durable surface for a minimum length of 20 feet from the public right-of-way.

4.    A driveway with a slope of 15 percent or more shall be paved with asphalt or concrete in all cases.

5.    Maximum amount of single-family hardscape paving allowed for parking area.

a.    Single-family front setback areas shall only be used for the temporary parking of motor vehicles. Storage of vehicles in these areas or use as designated required parking spaces shall not be allowed.

b.    No vehicles shall be parked in the front and/or street side setback areas other than on a paved driveway.

c.    Paved driveways shall be limited to no more than 50 percent of the front or street side setback area in order to limit the amount of hardscape paving in these areas.

d.    No parking shall be allowed in the landscaped areas. Vegetated or pervious pavers may be used for temporary or designated off-street parking when designed for vehicle parking.

e.    Increases to the maximum amount of allowable hardscape paving may be approved by the Zoning Administrator if necessary to provide safe ingress and egress for the site.

H.    Access to off-street parking.

1.    Access to off-street parking spaces shall be maintained free and clear of obstructions at all times.

2.    Driveways shall not be altered, reduced beyond the required minimum dimensions, or temporarily blocked to prevent access from the public right-of-way to the off-street parking space(s).

3.    Garage access from an alley. An attached garage or detached garage accessible to vehicles from an alley shall be located a minimum of 29 feet from the opposite side of the alley. (Ord. 2027 § 2 (Exh. A § 9), 2024)

Off-street loading spaces shall be provided as required by this section. The Zoning Administrator may modify these requirements through Minor Use Permit approval (Section 17.62.070), where the Zoning Administrator first determines that the operating, shipping, and delivery characteristics of the use do not require the number or type of loading spaces required by this section.

A.    Number of loading spaces required. Nonresidential uses shall provide off-street loading spaces in compliance with Table 3-14.

1.    A land use not specifically listed in this section shall provide loading spaces as required by the Zoning Administrator. The Zoning Administrator shall use the requirements in Table 3-14 as a guide in determining the appropriate number of off-street loading spaces required for the use.

2.    In any case where Table 3-14 expresses a loading requirement based on floor area in square feet (for example: 5,000 to 10,000 sf), “sf” shall mean square feet of gross leasable floor area, unless stated otherwise.

3.    Loading docks instead of loading spaces shall be required at big-box stores, home improvement centers, and large shopping centers, as determined by the Zoning Administrator.

4.    Loading spaces, rather than loading docks, shall be required for convenience stores, offices, restaurants, and small shopping centers where truck deliveries occur on a regular basis, but where the Zoning Administrator determines that a loading dock is not necessary.

Figure 3-15 – Dimensions for Loading Spaces

B.    Standards for off-street loading areas. Off-street loading areas comply with the following standards:

1.    Dimensions. Loading spaces shall be a minimum of 12 feet in width and 40 feet in length, with 14 feet of vertical clearance.

2.    Lighting. Loading areas shall have lighting capable of providing adequate illumination for security and safety; lighting shall also comply with the requirements of Section 17.30.070 (Outdoor Lighting).

3.    Location. Loading spaces shall be:

a.    As near as possible to the main structure and limited to the rear two-thirds of the parcel, if feasible.

b.    Situated to ensure that the loading facility is screened from adjacent streets.

c.    Situated to ensure that loading and unloading takes place on site and in no case faces a public street, or is located within a required front or street side setback, adjacent public right-of-way, or other on-site traffic circulation areas.

d.    Situated to ensure that all vehicular maneuvers occur on site. The loading areas shall allow vehicles to enter from and exit to a public street in a forward motion only.

e.    Situated to avoid adverse impacts upon neighboring residential properties. The review authority may restrict times allowed for loading and deliveries for loading spaces that are located closer than 100 feet to a residential zone.

4.    Loading ramps. Plans for loading ramps or truck wells shall be accompanied by a profile drawing showing the ramp, ramp transitions, and overhead clearances.

5.    Screening. Loading areas shall be screened from abutting parcels and streets with a combination of dense landscaping and solid masonry walls with a minimum height of six feet.

6.    Striping.

a.    Loading spaces shall be striped and identified for “loading only.”

b.    The striping and “loading only” notations shall be continuously maintained in a clear and visible manner in compliance with the approved plans.

7.    Surfacing.

a.    All loading areas shall be surfaced with asphalt, concrete pavement, or comparable material as determined by the City Engineer and shall be graded to dispose of all surface water to the satisfaction of the City Engineer.

b.    All grading plans relating to the loading facilities shall be reviewed and approved by the City Engineer before any work can commence.

A.    Monetary payment to the City. Where it is neither feasible nor desirable to provide some or all of the off-street parking spaces required by Section 17.34.030 (General Parking Regulations), an owner of commercial land shall be allowed, subject to the approval of the Commission, to make a monetary in-lieu payment to the City in an amount which is equal to the value of the required off-street parking on a per-parking-space basis. Projects within adopted specific plan areas or parking districts and previously approved redevelopment projects are exempt from Commission approval, when parking in-lieu fees are approved in conjunction with such projects.

B.    Criteria for determining amount of payment. In addition to the costs associated with land acquisition, the projected costs of providing all of the following services and improvements, based upon 350 square feet of site area for each parking space, shall be used in determining the amount of the required in-lieu payment:

1.    Asphalt surfacing;

2.    Drainage;

3.    Engineering, inspection, and contingencies;

4.    Grading;

5.    Landscaping/screening;

6.    Sand and grease traps;

7.    Striping and wheel stops; and

8.    The cost of maintaining the space for 10 years.

C.    Council establishment of value of off-street parking facilities. At least once every two years, the Council shall establish, by resolution, the value of off-street parking facilities in the City on a per-parking-space basis. Initially, the in-lieu fee shall be $3,000 for each parking space. Funds collected by the City from the payments shall be deposited into a special fund and shall be used by the City only for the purpose of acquiring and/or developing future off-street parking facilities.

D.    Municipal parking lot plan. A parking in-lieu fee may be accepted by the City only after it has been determined that payment of a fee will lead to the provision of conveniently located off-street parking facilities which are consistent with a currently adopted municipal parking lot plan. The plan shall determine, at a minimum, areas of need, potential parking lot locations, and proposed parking capacities.

E.    Parking facilities which are provided by the City. All off-street parking facilities which are provided by the City shall, in addition to benefiting the employees, guests, and/or patrons of the subject property, be made available for use by members of the general public. In no instance shall a publicly developed parking facility provide parking for less than eight to 10 vehicles.

F.    Optional forms of financing. When it has been determined that parking in-lieu fees are unable to generate the revenues necessary to provide adequate off-street parking facilities in both a timely fashion and in a manner which contributes to the alleviation of traffic congestion, the City may choose to sell bonds or provide other forms of financing as an added means of providing the required moneys.

G.    Five-year capital improvements program. The City shall provide for the establishment of parking lot facilities through the adoption and/or amendment of a five-year capital improvements program.

A.    Other than passenger vehicles. This category of vehicles covered by this section includes barbecue trailers, buses, camper trailers, catering trucks, commercial trucks, concrete trucks, concrete or cement pumps, dump trucks, flatbed trucks, golf carts, mail trucks, milk trucks, motor homes, pleasure and commercial boats, recreational vehicles, truck rigs, utility trailers, and similar vehicles that are not passenger vehicles or standard pickup trucks.

B.    No parking within street setbacks. None of the vehicles identified in Subsection A of this section may be parked permanently within any required front or street side setback in a residential district.

C.    Loading and unloading only. Pickups with campers, pleasure boats, recreational vehicles, and similar vehicles may park in the required front setback in a residential district for the purpose of loading or unloading, not to exceed 24 hours within a seven-day period.

D.    Parking in rear and side setbacks. Operative boats and large pickup campers, motor homes, recreation vehicles, utility trailers, and vacation trailers shall be allowed to be parked or stored in a required rear or side setback in a residential district only if screened on the side and front by a six-foot-high fence. In these instances, the provision of adequate light and air to a neighbor’s window shall not be obstructed.

E.    Not for living purposes. Passenger vehicles, pickup trucks, and those identified in Subsection A of this section shall not be used for living or sleeping purposes when parked or stored on private property except when licensed and parked within an approved safe parking area.

F.    Normal vehicle maintenance. With the exception of performing normal vehicle maintenance on passenger vehicles or standard pickup trucks, no vehicle or appurtenances shall be dismantled within any residential area of the City. Residential and incidental vehicle maintenance shall be limited to battery changing, oil changes, and tuneups, and other operations generally referred to as normal preventive maintenance. Residential vehicle maintenance may only occur within a garage or carport of the residence.

G.    California license plates and/or tags. Vehicles identified in Subsection A of this section, whether used for storage or transportation purposes, shall be required to have current California license plates and/or tags. (Ord. 1070 § 2, 2019)

The ordinance codified in this chapter shall be referred to and cited as the City’s Property Maintenance Ordinance.

The purpose and intent of these regulations are to:

A.    Public nuisances and violations. Define as public nuisances and violations of the Municipal Code and this Zoning Ordinance those conditions which constitute visual blight and which could result in conditions which are harmful or deleterious to the public health, safety, and general welfare.

B.    Promote sound property maintenance. Develop regulations that will promote the sound maintenance of property and the enhancement of the community appearance, livability, and the social, economic, and environmental conditions of the community.

C.    Establish guidelines for correction. Establish guidelines for the correction of property maintenance violations and nuisances that provide due process and procedural guarantees to affected property owners.

It is unlawful for any person owning, leasing, occupying, or having charge or possession of any property in the City to maintain the property in a manner that any of the following conditions are found to exist, except as may be allowed by the Municipal Code or this Zoning Ordinance:

A.    Deterioration or disrepair. Building exteriors, driveways, fences, parking areas, sidewalks, walkways, and walls which are maintained in a condition that becomes so defective, unsightly, or in a condition of deterioration or disrepair that the condition causes depreciation of the values of surrounding property or is materially detrimental to nearby properties and improvements;

B.    Accumulation or storage of junk. The accumulation or storage of junk, including cabinets or other household fixtures, debris, equipment or parts thereof, furniture, garbage, household appliances or parts thereof, inoperable vehicles, or parts thereof, lumber, rubbish, salvage materials, sinks, tires, or toilets, which constitute a fire hazard and/or are stored or accumulated in a manner which is visible from a public street, alley, or adjoining property;

C.    Parking of heavy equipment without a permit. Heavy commercial vehicles, construction equipment, or machinery of any type or description parked or stored without a permit on property where it is readily visible to the general public, except while construction, demolition, or excavation operations covered by an active Building Permit are in progress on the subject property or on adjoining property;

D.    Attractive nuisances. Attractive nuisances dangerous to children including abandoned, broken, or neglected equipment and machinery, hazardous pools, ponds, and excavations;

E.    Improper sign maintenance. Improper maintenance of signs on property relating to uses no longer conducted or products no longer sold on the property;

F.    Oil accumulation. Any property maintained in a manner which results in substantial pooled-oil accumulation, oil flowing onto public rights-of-way, or excessive accumulations of grease or oil on paved surfaces, fences, structures, or walls;

G.    Excessive dust and debris. Any setback areas which lack appropriate lawn or plant material so as to cause excessive dust, the accumulation of debris, or depreciated values of adjacent properties and neighborhood;

H.    Impacts on livability, enjoyment, use, and property values. Maintenance or use of premises which, by reason of dust, noise, odor, vibrations, or other effects caused by the use of the premises, diminish the livability, enjoyment, use, and property values of neighboring properties;

I.    Commercial fishing nets. Repairing and drying of commercial fishing nets and other related materials in residential areas;

J.    Maintenance out of harmony with adjacent properties. Maintenance of property so out of harmony or conformity with the maintenance standard of adjacent properties as to cause substantial diminution of the enjoyment, use, or property values of the adjacent properties;

K.    Detrimental to public health, safety, or general welfare. Maintenance of property in a condition as to be detrimental to the public health, safety, or general welfare, or in a manner which constitutes a public nuisance as defined by Civil Code Section 3480;

L.    Visual blight. Any condition existing on property which in the opinion of the City’s Property Maintenance Officer constitutes visual blight;

M.    Graffiti. Causing, maintaining, or allowing graffiti to remain on exterior walls or facades of fences, walls, or other structures of any nature;

N.    Maintenance of sidewalks and surrounding areas. The failure or neglect of merchants owning or occupying places of business within the City to maintain the sidewalks and surrounding areas free of litter and debris.

A.    Declaration of public nuisance. All property found to be in violation of Section 17.36.030 (Property Maintenance – Prohibited Conditions), is declared to be a public nuisance and shall be abated by demolition, rehabilitation, or repair in compliance with the procedures identified in this chapter.

B.    Procedures not exclusive. The procedures for abatement identified in this chapter shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City ordinances or abating public nuisances in any other manner provided by law.

The term “owner” and “property owner,” as used in this chapter, and unless otherwise required by the context, shall be deemed to include any person leasing, occupying, owning, or having charge or possession of any property in the City.

A.    Written notice to property owner. Whenever the Property Maintenance Officer, or another City official as may be designated by the City Manager, determines that any property within the City is being maintained contrary to one or more of the provisions of Section 17.36.030 (Property Maintenance – Prohibited Conditions), the official shall give 10 days’ written notice to the owner of the property stating the sections being violated.

B.    The notice. The notice shall:

1.    Identify a 10-day time period for correcting the violation(s) and may also identify reasonable methods of correcting the same; and

2.    Be served upon the owner in compliance with provisions of Section 17.36.090 (Service of Notice) covering service in person or by mail.

In the event an owner shall fail, neglect, or refuse to comply with the notice to correct a violation, the Property Maintenance Officer may refer the violation to the City Attorney for legal action, including the institution of a civil or criminal proceeding to achieve compliance.

A.    Utilization of administrative hearing process. In the event an owner shall fail, neglect, or refuse to comply with the notice to correct a violation, the Property Maintenance Officer may seek compliance through an administrative process, in addition to or as an alternative to any other remedy allowed by law.

B.    Neighborhood Improvement Program Commission. The Neighborhood Improvement Program Commission shall be the body designated to conduct an administrative hearing to determine whether the violation constitutes a public nuisance, the abatement of which is appropriate under the police powers of the City.

C.    Serving of notice. Notice of the administrative hearing shall be served upon the owner in compliance with the provisions of Section 17.36.090 (Service of Notice), and shall be served upon the property owner not less than 14 days before the time set for the hearing.

A.    Delivery of notice. Notice shall be given by delivering a written notice personally to the owner(s) of the property upon which the nuisance is located, or by depositing the notice in the United States mail, postage prepaid, and addressed to the owner(s) at the last known address as the same appears on the last equalized assessment roll of the county.

B.    May be addressed to “occupant.” In the event a notice to remove is also given to the person(s) in possession or control of the property, the notice shall be given in either manner specified in this section and may be addressed “to occupant” or “to whom it may concern,” if the name of the person(s) is not known.

C.    Affidavit or certificate of delivery required. The person giving the notice shall file a copy of the notice in the office of the Property Maintenance Officer, together with an affidavit or certificate stating the time and manner in which the notice was given.

D.    Failure to receive notice. The failure of any owner or other person to receive the notice shall not affect in any manner the validity of any proceedings taken under this chapter.

Notice of the administrative hearing before the Neighborhood Improvement Program Commission shall be substantially in the format identified below:

NOTICE OF HEARING ON ABATEMENT OF NUISANCE

This is a notice of hearing before the Neighborhood Improvement Program Commission to determine whether certain property situated in the City of Seaside, State of California, known and designated as __________, in the City, and more particularly described as constitutes a public nuisance subject to abatement by the rehabilitation of the property or by the repair or demolition of the structures situated on the property. If the property, in whole or part, is found to constitute a public nuisance as defined in this section and if the same is not properly abated by the owner, the nuisances may be abated by municipal authorities, in which the cost of the rehabilitation, repair, or demolition will be assessed upon the property and the costs will constitute a lien upon the property until paid.

The alleged conditions constituting a public nuisance consist of the following:

The methods of abatement available are:

All persons having an interest in the matters may attend the administrative hearing when their testimony and evidence will be heard and given due consideration.

Dated this _________ day of __________, 20___.

Property Maintenance Officer

A.    Conduct of hearing. At the time stated in the notice, the Neighborhood Improvement Program Commission shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, witnesses, City personnel, and interested persons relative to the alleged public nuisance and to proposed rehabilitation, repair, or demolition of the property.

B.    Hearing may be continued. The hearing may be continued from time to time.

C.    Report of findings and recommendations. If the Neighborhood Improvement Program Commission finds that the public nuisance does exist and that there is sufficient cause to rehabilitate, demolish, or repair the same, it shall prepare a report of the findings and recommendations with respect to the abatement.

D.    Copy of report to be served on all the property owners. A copy of the report shall be served on all the owners of the subject property in compliance with the provisions of Section 17.36.090 (Service of Notice).

In the absence of any appeal, the Neighborhood Improvement Program Commission may without further hearing declare the property to be a public nuisance and order the abatement of the same within a reasonable time, by having the property or structures rehabilitated, repaired, or demolished in the manner and means specifically identified in the report.

A.    Who may appeal. Any person entitled to service under this section may appeal from the decision of the Neighborhood Improvement Program Commission by filing at the office of the City Clerk within seven days from the date of service of the decision, a written, dated appeal containing:

1.    A specific identification of the property which is the subject of the nuisance abatement proceeding;

2.    A caption reading: “Appeal of,” giving the names of all appellants participating in the appeal;

3.    A brief statement identifying the legal interest of each of the appellants in the structure or the land involved in the notice and order;

4.    A statement in ordinary and concise language of the specific order or action protested, together with any material facts supporting the contentions of the appellant;

5.    The signatures of all parties named as appellants, and their official mailing addresses; and

6.    The verification of at least one appellant as to the truth of the matters stated in the appeal.

B.    Date for hearing. As soon as practicable after receiving the written appeal, the City Clerk shall set a date for hearing of the appeal by the Council, which date shall be not less than seven days nor more than 30 days from the date the appeal was filed.

C.    Delivery of notice. Written notice of the time and the place of the hearing shall be given at least five days before the date of the hearing to each appellant by the City Clerk, either by causing a copy of the notice to be delivered to appellant personally or by mailing a copy thereof, postage prepaid, addressed, to the appellant at the address shown on the appeal.

D.    Hearing may be continued. Continuances of the hearing may be granted by the Council on request of the owner for good cause shown or on the Council’s own motion.

E.    Council’s action. Upon the conclusion of the hearing on the appeal, the Council shall by resolution either:

1.    Terminate the proceeding;

2.    Confirm the action and decision of the Neighborhood Improvement Program Commission; or

3.    Modify the decision based upon evidence adduced at the hearing.

F.    Declaration of public nuisance and order abatement. In the cases of alternatives Subsections E.2 or E.3 of this section, the resolution shall declare the property to be a public nuisance and order the abatement of the same within a reasonable time by having the property or structures rehabilitated, repaired, or demolished in the manner and means specifically identified in the resolution.

A.    Service of order of abatement. A copy of the resolution of the Council ordering the abatement of the nuisance shall be served upon the owners of the property in compliance with the provisions of Section 17.36.090 (Service of Notice), and shall contain a detailed list of needed corrections and abatement methods.

B.    Right to rehabilitate or demolish property. Any property owners shall have the right to have any of the property rehabilitated or to have the structures demolished or repaired in compliance with the resolution and at their own expense provided the same is commenced before the expiration of the 30-day abatement period and thereafter diligently and continuously prosecuted to completion.

C.    Termination of proceedings. Upon the abatement in full by the owner, the proceedings conducted in compliance with this chapter shall terminate.

A.    Consents to remove graffiti. Whenever graffiti is found to exist in violation of Subsection 17.36.030.M (Graffiti), if the property owner or person in control consents to the removal of the graffiti by the City, the City or its contractor may enter upon the property and remove the graffiti.

B.    Refuses to remove graffiti. If a condition exists and the owner or person in control refuses to consent to the removal of the graffiti by the City, the Enforcement Officer may issue an order by certified mail, return receipt requested, to the owner, as shown on the first equalized assessment roll, to abate this condition. A copy of the order shall also be posted on the subject property.

C.    Fifteen days to remove graffiti. The order shall give a maximum of 15 days from the date the notice was mailed to perform the work.

D.    Content of notice to remove graffiti. The notice shall further state that if the nuisance is not abated by the date specified in the order:

1.    The City, or its contractor, may enter upon the parcel of land and remove or otherwise eliminate or abate the nuisance;

2.    That upon completion of the work the cost thereof, including administrative costs, may become a special assessment against that parcel; and

3.    That upon confirmation of the assessment and recordation of that order, as provided by Section 17.36.170 (Assessment Lien), a lien may be attached to the parcel to be collected on the next regular property tax bill levied against the parcel. (Ord. 1070 § 2, 2019)

If the nuisance is not completely abated as directed by the City within the abatement period, then the City Manager or the duly authorized representative of the City Manager may cause the same to be abated by City forces or private contract and the City Manager or the duly authorized representative of the City Manager is expressly authorized to enter upon the property for those purposes.

A.    City Manager to keep account of all costs. The City Manager shall keep an account of the cost (including incidental expenses) of abating the nuisance on each separate parcel of land where the work is done by the City and shall render an itemized report in writing to the Council by showing the cost of abatement and the rehabilitation, demolishing, or repairing of the property or structures, including any salvage value relating thereto; provided, that before the report is submitted to the Council, a copy of the report shall be posted for at least five days before submitting the same to the Council.

B.    Affidavit of posting required. Proof of the posting and service shall be made by affidavit filed with the City Clerk.

C.    Incidental expenses. The term “incidental expense” shall include the actual expenses and costs of the City in the preparation of notices, specifications, and contracts, and in inspecting the work, and the costs of printing and mailing required in compliance with this chapter.

A.    Special assessment or lien. The total cost for abating the nuisance, as so confirmed by the Council, shall constitute a special assessment against the respective parcel of land to which it relates, and upon recordation in the office of the county recorder of a notice of lien, as so made and confirmed, shall constitute a lien on the property for the amount of the assessment.

B.    Duty of Tax Collector. After the confirmation and recordation, a copy may be turned over to the county tax collector, whereupon it shall be the duty of the tax collector to add the amounts of the respective assessments to the next regular tax bills levied against the respective parcels of land for municipal purposes, and thereafter the amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or after the recordation, the lien may be foreclosed by judicial or other sale in the manner and means provided by law.

C.    Form of notice. The notice of lien for recordation shall be in the form substantially as follows:

NOTICE OF LIEN

(Claim of the City of Seaside)

In compliance with the authority vested by the provisions of Section 17.36.150 of the Seaside Municipal Code, the City Manager of the City of Seaside did on or about the _________ day of ___________ , 20____, cause the property hereinafter described to be rehabilitated or the structure on the property hereinafter described to be repaired or demolished in order to abate a public nuisance on the real property; and the City Council of the City of Seaside did on the ________ day of __________ , 20___, assess the cost of the rehabilitation, repair, or demolition in the amount of the assessment, to wit: the sum of $ _______ : and the same shall be a lien upon the real property until the same has been paid in full and discharged of record.

The real property hereinabove mentioned, and upon which a lien is claimed is that certain parcel of land lying and being in the City of Seaside, County of Monterey, State of California, and particularly described as follows:

(description)

Dated this _________ day of __________, 20___.

City Manager, City of Seaside

Whenever any condition on or use of property causes or constitutes, or reasonably appears to cause or constitute, an imminent immediate danger to the health and safety of the public, or a significant portion thereof, the Enforcement Officer shall have the authority to summarily and without notice abate the condition. The expenses of the abatement shall become a lien on the property and be collectible as provided in this chapter. (Ord. 1070 § 2, 2019)

Nothing in this chapter shall be deemed to prevent the City from commencing a civil or criminal proceeding to abate a public nuisance or from pursuing any other means available to it under provisions of applicable ordinances or state law to correct hazards or deficiencies in real property in addition to or as alternatives to the proceedings identified in this chapter.

Nothing contained in this chapter shall be deemed to impose any duty or liability upon the City, its officers, or employees for failure to abate a public nuisance, nor to relieve the owner of any private property of the duty to keep the property free from those conditions constituting a public nuisance or to abate the conditions upon notice by the City.

No person shall remove any notice or order posted as required in this chapter. No person shall obstruct, impede, or interfere with any representative of the City or with any person who owns or holds any estate or interest in the structure which has been ordered to be vacated, repaired, rehabilitated, or demolished and removed or with any person to whom the structure has been lawfully sold in compliance with the provisions of the Municipal Code whenever any representative of the City, purchaser, or person having any interest or estate in the structure is engaged in vacating, repairing, rehabilitating, or demolishing and removing any structure in compliance with the provisions of this chapter or in performing any necessary act preliminary to or incidental to the work as authorized or directed in compliance with this chapter. (Ord. 1025 § 16, 2015)

The purpose of this chapter is encourage the appropriate use of sidewalks for commercial and other nongovernmental purposes and to ensure that sidewalk connections are established between building entries and the public sidewalk system. Provisions are included related to the establishment of outdoor seating areas for restaurants, information kiosks, art installations, and other methods of creating positive activity on sidewalks.

The commercial use of public sidewalks requires the issuance of an Encroachment Permit issued by the City. Use of private sidewalks does not require an Encroachment Permit, but the provisions of this chapter apply.

The following applies to the use of all sidewalk areas:

A.    Clear path of travel required. At least five feet clear area should be provided to allow for unimpeded pedestrian traffic around any obstruction.

B.    Side may be used by adjacent properties. Subject to the issuance of an Encroachment Permit, public sidewalks may be used by adjacent businesses for seating and/or display areas. Restaurants serving alcoholic beverages and/or providing entertainment are permitted, provided those activities are ancillary to the restaurant use and appropriate permits are obtained from Alcoholic Beverage Control (ABC) to allow for the consumption of alcohol outside of the premises.

C.    Placement of sidewalk amenities. Chairs and tables for outdoor dining and carts for merchant display may be permitted on sidewalks, paseos and other public rights-of-way within commercial zoning districts. An Encroachment Permit is required within public rights-of-way.

D.    Entries must remain accessible. The sidewalk use shall not infringe on the full width of the building entrance or otherwise impede access to and from buildings.

E.    Materials. Materials used in pedestrian-oriented spaces shall be used as follows:

1.    Attractive, durable, slip-resistant, of high quality, and compatible in color and pattern with a project’s design.

2.    Surfaces in pedestrian circulation areas shall provide hard, stable surfaces and that permit comfortable maneuverability for people of all abilities.

3.    Wherever a pathway crosses a drive aisle, loading area, or parking area, the pathway shall be made identifiable by the use of elevation changes, changes in paving materials, and/or the use of colors.

4.    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. (Ord. 1025 § 17, 2015)

Sidewalk seating shall be allowed in conjunction with the operation of an indoor restaurant and other commercial establishments, subject to the following minimum requirements and limitations:

A.    Location and configuration.

1.    Sidewalk seating shall only be allowed in commercial zoning districts and only in conjunction with and directly adjacent to an indoor restaurant which operates the seating.

2.    The sidewalk seating area shall be no wider than the actual street frontage of the indoor restaurant. The sidewalk seating associated with an indoor restaurant shall be confined to a single contiguous area.

3.    The total amount of outdoor seating, whether on the sidewalk or on private property, shall not exceed 25 percent of the indoor seating of the restaurant.

4.    Outdoor seating areas shall only be allowed to the extent that there is adequate room to accommodate pedestrians, provisions of the Americans with Disabilities Act (ADA) and the seating area. A minimum five-foot clear area of sidewalk between the seating area of sidewalk between the seating area and any curb or obstruction shall be provided, unless local, state, or federal disability access laws require a larger area. The outdoor seating area itself shall be accessible to disabled persons.

B.    Parking. No additional off-street parking is required for outdoor seating in compliance with this section.

C.    Limitations. The following is not permitted outside the indoor restaurant:

1.    Food preparation;

2.    Busing stations or storage; or

3.    Trash receptacles.

D.    Maintenance. All exterior surfaces shall be easily cleanable and shall be kept clean at all times.

E.    Alcohol.

1.    If alcohol is served, signage shall be prominently displayed within the perimeter of the outdoor dining area to require customers to keep alcoholic beverages within designated areas.

2.    Alcoholic beverages are prohibited on City sidewalks except where permitted by this chapter in designated areas.

All buildings within the City shall be accessible via a path or walkway from a public sidewalk according to the following provisions:

A.    Pedestrian pathways.

1.    Pedestrian links shall be attractive and well marked.

2.    A continuous and direct pedestrian path shall be provided between the most proximate public sidewalk and the primary entrance to all on-site buildings with the fewest possible vehicular crossings.

3.    A continuous pedestrian path shall be provided from all parking areas to the primary entrance of all buildings.

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

5.    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.

6.    Drive aisles leading to main entrances shall have a walking path on at least one side.

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

8.    Paseo between buildings shall be provided when needed to create pedestrian connections to primary building entrances and parking areas (see Figure 3-16).

B.    Pathways in 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 said entrance.

C.    Building location. Where possible, the building should be located as close to the public sidewalk as possible to create a direct pedestrian connection to primary building entries (without requiring the pedestrian to cross a parking lot).

Figure 3-16 – Paseo Connection Parking Area to Street Frontage

A.    Purpose. When provided, paseos shall be designed and constructed according to the standards contained in this section to create safe, active environments that are visible by passersby.

B.    Standards.

1.    A paseo shall be at least 10 feet in width.

2.    A paseo shall contain an unobstructed circulation path at least five feet in width, connecting the street on which the paseo fronts.

3.    Seating areas, storefronts, shop windows, and outdoor display of goods are all encouraged within paseos to create a safe active environment.

4.    Where any building wall or walls adjoin a paseo and where such wall or walls exceed a height of 60 feet for an aggregate length of more than 120 feet, the wall or walls shall be set back from the paseo by a minimum distance of 10 feet.

A.    Purpose of chapter. The regulations established by this chapter are intended to appropriately limit the number, placement, size, and type of signs allowed within the City and to require the proper maintenance of signs.

B.    Purpose of limitations. The purposes of these limitations and requirements are to:

1.    Avoid traffic safety hazards to bicyclists, motorists, and pedestrians caused by visual distractions and obstructions.

2.    Promote the aesthetic and environmental values of the community by providing for signs that do not impair the attractiveness of the City as a place to live, work, and shop.

3.    Provide for signs as an effective channel of communication, while ensuring that signs are aesthetically proportioned in relation to adjacent structures and the structures to which they are attached.

4.    Safeguard and protect the public health, safety, and general welfare.

5.    Advance community design standards and safety standards as identified in the General Plan.

6.    Maintain and improve the quality of the City’s appearance by subjecting certain signs to design review to ensure that their size, placement, and aesthetics are appropriate to their site and surroundings.

A.    Signs regulated. The requirements of this chapter shall apply to all signs in all zones.

B.    Applicability to sign content. The provisions of this chapter do not regulate the message content of signs (sign copy), regardless of whether the message content is commercial or noncommercial.

C.    Definitions. Definitions of the specialized terms and phrases used in this chapter may be found in Article 7 (Glossary) under “Sign.”

A.    Sign Permit required.

1.    Approval required. A Sign Permit is required for the installation or modification of all permanent wall signs, projecting signs, freestanding/monument signs, and window signs. No sign shall be constructed, installed, or modified, unless a Sign Permit is first obtained in compliance with this section, or the sign is allowed without a Sign Permit by Section 17.40.040 (Exemptions from Sign Permit Requirements). A proposed sign that is professionally rendered and in strict compliance with this chapter shall be approved or denied by the Zoning Administrator through a Sign Permit; provided, that the Zoning Administrator may choose to refer any Sign Permit application to the Planning Commission for consideration of approval.

a.    Conditions of approval. The review authority may require conditions of approval that are deemed reasonable and necessary to achieve the purpose, intent, and objectives of this chapter.

b.    Approval criteria. The approval or nonapproval of an application for a Sign Permit shall be guided by the criteria identified in this chapter. If the review authority finds that a proposed sign substantially complies with the standards of this chapter, the review authority shall approve the sign.

c.    Appeal. A decision of the Zoning Administrator or Planning Commission rendered in compliance with this chapter may be appealed in compliance with Chapter 17.76 (Appeals).

2.    Compliance with standards required. No Sign Permit shall be approved for an existing or proposed sign unless the sign is in compliance with all applicable requirements of this chapter.

3.    Building Permit required. A Building Permit may also be required for sign construction/installation in accordance with the Building Code and amendments made thereto as adopted by the Seaside City Council.

4.    Temporary signs. Temporary signs shall comply with Subsection 17.40.040.D (Temporary Signs) and Section 17.40.080 (Standards for Specific Sign Types).

B.    Master Sign Program required. No Sign Permit shall be issued for an individual sign requiring a Sign Permit for a new sign on an existing or newly developed multiple tenant commercial/residential project on a single project site with two or more tenants unless and until a Master Sign Program for the property in which the sign will be erected has been approved. The Zoning Administrator shall have the authority to administratively approve a Master Sign Program in which all allowed signs would comply with the requirements of this chapter, including requirements for maximum sign area, sign type, and sign placement. All other Master Sign Programs shall require approval of the Planning Commission. As part of Master Sign Program approval, the Planning Commission may grant exceptions to the standards of this chapter for the maximum size and number of signs, based on design features including architectural style, proportion to landscaping, site visibility, and building mass. A Master Sign Program shall conform to and complement the architectural design and character of the structure erected or to be erected on the project site. Subsequent signs that are required to comply with an existing approved Master Sign Program shall obtain a Sign Permit reviewed and approved by the Zoning Administrator.

C.    Application requirements. An application for a Sign Permit shall be filed and processed in compliance with Chapter 17.60 (Permit Application Filing and Processing). The application shall be accompanied by detailed and fully dimensioned plans, architectural drawings and sketches, and data/materials identified in the Department handout for sign permits, and any applicable fees. It is the responsibility of the applicant to provide evidence to demonstrate compliance.

D.    Expiration and extension of Sign Permit approval.

1.    Approval of a Sign Permit shall expire 12 months from the date of approval unless the sign has been installed or a different expiration date is stipulated at the time of approval. Before the expiration of a sign permit, the applicant may apply to the Department for an extension of up to an additional 12 months from the original date of expiration.

2.    The expiration date of the Sign Permit shall be automatically extended to concur with the expiration date of the companion Building Permit or other applicable permits for the project. (Ord. 2027 § 2 (Exh. A § 10), 2024; Ord. 2017 § 2, 2022)

The following signs are allowed without Sign Permit approval; provided they comply with Section 17.40.060 (General Requirements for All Signs), and any required Building Permit is obtained:

A.    Nonstructural modifications and maintenance.

1.    Modifications to sign copy on conforming signs where all structural components of the sign remain in place and unaltered; and

2.    The normal maintenance of conforming signs shall be exempt from a Sign Permit, except as identified in Subsection 17.40.060.I (Maintenance of signs).

B.    Governmental and informational signs.

1.    All devices which are excluded from the definition of a “sign” as set forth in this Zoning Code.

2.    Official traffic signs or other municipal governmental signs, legal notices, advertisement prescribed by law and placed by governmental entities and signs indicated the location of buried utility lines or any notice posted by a governmental officer in the scope of his duties.

3.    Direction, warning, or information signs or structures required or authorized by law, or by federal, state, county, or City authority, including, but not limited to, traffic control signs (e.g., stop, yield), highway route number signs, and construction zone signs.

4.    Utility company signs identifying cables, conduits, danger, and so forth. The City has a compelling interest in permitting such signs in order to comply with state and local laws and to promote public safety.

5.    Time and temperature signs containing no advertising copy. The City has a compelling interest in permitting such signs to promote awareness of local conditions for individuals with medical problems and to promote public safety.

6.    Signs and advertising for the California State Lottery as authorized by California Government Code, Section 8880 et seq. The City has a compelling interest in permitting such signs in order to comply with state law.

7.    Gas pricing signs, as required by state law, which identify the brand, types, octane rating, etc., of gasoline for sale within the City. The City has a compelling interest in permitting such signs in order to comply with state law.

8.    Signs prohibiting trespassing or hunting. The City has a compelling interest to allow property owners to post these signs for the protection of life and private property and to promote public safety.

C.    Identification signs and addresses.

1.    Street identification and house (i.e., single-family, duplex/triplex, multi-family apartment complex of four or more units) identification signs not exceeding two square feet.

2.    Address numbers are permitted not exceeding 12 inches in height.

D.    Temporary signs. The following temporary signs are allowed without a Sign Permit:

1.    Real estate signs. Real estate signs are allowed without a Sign Permit in compliance with California Civil Code Section 713 and subject to the following requirements:

a.    Commercial, industrial, and other nonresidential zones. Properties within commercial, industrial, and other nonresidential zones shall be allowed as follows:

(1)    Signs pursuant to Civil Code Section 713 may be freestanding or wall mounted.

(2)    The maximum area of a freestanding commercial real estate sign or wall sign advertising a parcel for sale or lease shall be 24 square feet. A maximum of one freestanding sign shall be allowed for a parcel of less than one acre. For a parcel greater than one acre with multiple street frontages, a maximum of one freestanding sign shall be permitted on two separate frontages.

(3)    The maximum area of a wall sign advertising a commercial building and/or commercial complex for sale or lease shall be 32 square feet. One wall sign shall be permitted for sign which advertises a parcel or existing complex for sale or lease. Each individual tenant space within a multi-tenant commercial/industrial building may have one wall sign either affixed to the exterior of the building not exceeding 16 square feet in area, or the interior windows subject to applicable window regulations and a maximum of one for each tenant space.

b.    Residential zones.

(1)    On-site signs. One non-illuminated real estate sign not more than six square feet in area, including riders, advertising the sale or lease of a parcel or structure, may be located on the property it advertises. A freestanding sign shall not exceed a height of six feet and must staked to the ground or mounted on a post or pole that is securely placed in the ground.

(2)    Off-site directional signs. Off-site real estate directional signs not more than four square feet in area, including riders, may be located on private property; provided they do not obstruct or impede pedestrian or vehicular traffic and are not secured to prevent removal. No real estate sign shall be allowed within a public right-of-way.

(3)    Garage, yard, estate signs. Signs advertising the one-day sale of items from a garage, yard, estate, or other home-based sale. A maximum of four signs, each a maximum of six square feet, may be allowed. Such signs shall not be affixed to any utility pole or street sign pole.

2.    Political signs. Political signs are allowed in compliance with the following requirements:

a.    Two days prior to the placement of a political sign, the agent/candidate shall file with the City Clerk an acknowledgment of the rules related to political signs and a plan for the removal of all signs.

b.    No political sign shall be erected prior to 60 days before the election to which the sign pertains.

c.    In commercial and industrial zones, each political sign and the total area of political signs on a parcel shall not exceed 32 square feet in area. The area of a double-faced sign shall be calculated for one face only, unless the two faces are not back-to-back, parallel, and/or are separated by more than 12 inches.

d.    In residential zones, political signs on a parcel shall not exceed six square feet in area.

e.    No political sign shall be located within a public right-of-way.

f.    All political signs shall be removed within 10 days after the election to which the signs pertain.

E.    Permanent window signs. Signs that hang or are stenciled on the inside or outside of a window may be permitted, but shall not exceed six square feet per storefront. Such signs should be encouraged to promote business identification, hours of operation, and address information.

F.    Miscellaneous signs.

1.    Official flags. Flags of national, state, or local governments, or nationally recognized religious, fraternal, or public service agencies; provided the length of the flag shall not exceed one-fourth the height of the flag pole and the flag is not used for commercial advertising.

2.    Illumination, patterns, pictures, and/or symbols approved as architectural ornamentation or decoration by the review authority.

3.    Historical plaques erected and maintained by nonprofit organizations, memorials, building cornerstones, and date-constructed stones; provided, that none of these exceed four square feet in area.

4.    Signs or displays located entirely inside of a structure which does not exceed four square feet per storefront. Window signs are regulated separately.

5.    Signs created by landscaping.

6.    Small, temporary signs, otherwise in conformance with the duration, number, and size requirements of this chapter, that address noncommercial issues.

7.    Small, temporary banners not exceeding 24 square feet in area advertising special events sponsored by non-profit organizations. Applicant shall be limited to displaying a maximum of four off-site locations and the banners may be on display 30 days in advance of the event and removed that day after the event.

G.    All violations will be subject to the following penalties:

1.    Any sign exceeding the allowable square footage of signage on a parcel will incur a penalty of $300.00 per sign per day. Signs are placed on a first come, first served basis. If multiple signs are on the parcel, proof must be provided as to the first sign placed.

2.    Signs not removed within 10 days after the election shall incur a penalty of $300.00 per sign per day.

3.    Any signs erected prior to 60 days prior to the election will incur a $500.00 fine per sign and will also be prohibited from posting political signs at that same location for five days.

H.    Enforcement of the above provisions will be as follows:

1.    It is the responsibility of the candidate to provide any volunteers given signs for placement a copy of the rules. The City will generate an easy to understand flyer which explains election sign regulations.

2.    Signs placed in the public rights-of-way will be removed immediately by City staff.

3.    Twenty-four-hour notice will be given for signs that exceed the total allowable square footage on a parcel. If not remediated, the penalty will apply. Each additional day of failure to remove will be fined as an additional occurrence.

4.    No cure period is required for violations of signs erected prior to 60 days prior to an election.

5.    No cure period is required for failing to remove signs 10 days after the election. It is the responsibility of the candidate to remove all signs. After initial notice, each additional day of failure to remove will be fined as an additional occurrence. (Ord. 2027 § 2 (Exh. A § 11), 2024; Ord. 1078 § 1, 2020)

All signs not expressly allowed by this chapter shall be prohibited. Examples of prohibited signs include the following:

A.    Abandoned signs;

B.    Animated signs, including electronic message display signs, and variable intensity, blinking, or flashing signs, or signs that emit a varying intensity of light or color, except time and temperature displays (which are not considered signs) and electronic message display signs for places of worship and public and private meeting facilities;

C.    Balloons and other inflatable devices;

D.    Billboards and any other off-premises signs, except as allowed by Civil Code Section 713 (Subsection 17.40.040.D.1.b(2) – Off-Site Directional Signs; Subsection 17.40.040.F.7 – Miscellaneous signs);

E.    Flags, except as specifically allowed by Subsection 17.40.040.F.1 (Official flags);

F.    Illegal signs;

G.    Moving signs, and other similar signs that are stationary but contain moving parts;

H.    Obscene signs;

I.    Pennants and streamers, except in conjunction with an athletic event, carnival, circus, or fair, or as allowed in Subsection 17.40.040.D (Temporary signs);

J.    Pole signs and other freestanding signs over six feet in height in residential zones;

K.    Roof signs or any sign placed above the roof line (except for mansard roofs);

L.    Because of the City’s compelling interest in ensuring traffic safety, signs that simulate in color, size, or design, any traffic control sign or signal, or that make use of characters, symbols, or words in a manner that interferes with, misleads, or confuses pedestrian or vehicular traffic;

M.    Signs in the form or shape of a directional arrow, or otherwise displaying a directional arrow, except as may be approved by the review authority, or as may be required for safety and convenience and for control of pedestrian or vehicular traffic within the premises of the subject use;

N.    Signs attached to or suspended from a boat, float, vehicle, or other movable objects parked within a public right-of-way, or in a location on private property that is visible from a public right-of-way, except a sign painted directly upon, magnetically affixed to, or permanently affixed to the body or other integral part of the vehicle. See Seaside Municipal Code Subsections 10.32.070.A through D (Advertising vehicles for sale prohibited);

O.    Signs burned, cut, or otherwise marked on or otherwise affixed to a hillside or tree;

P.    Signs with reflective material;

Q.    Signs within the public right-of-way, except for signs installed or maintained by a government agency for traffic safety and directional purposes;

R.    Signs in residential zones, except as specifically allowed in Subsection 17.30.070.A;

S.    Signs in storage or in the process of assembly or repair, located outside on premises other than that advertised in the signs, that are visible from a public right-of-way; and

T.    Temporary and portable signs, except as specifically allowed by Subsection 17.40.040.D (Temporary signs). (Ord. 1045 § 3(1), 2017)

The following rules shall govern the computation of sign area:

A.    Sign area measurement. Sign area measurement to determine compliance with the sign area limitations of this chapter shall occur as follows:

1.    Surface area. The surface area of a sign shall be calculated by enclosing the extreme limits of all emblem, framing, logo, representation, writing, or other display within a single continuous perimeter composed of squares or rectangles with no more than eight perimeter lines (see Figure 3-15).

2.    Sign structure. Supporting bracing or framework that is determined by the Zoning Administrator to be clearly incidental to the display itself shall not be included in the calculation of total sign area.

3.    Multi-faced signs. The area of a double-faced sign shall be calculated for one face only, unless the two faces are not back-to-back, parallel, and/or are separated by more than 12 inches.

4.    Three-dimensional objects. The area of a sign consisting of one or more three-dimensional objects (e.g., balls, cubes, clusters of objects, sculpture, or statue-like trademarks), shall be measured as their maximum projection upon a vertical plane (see Figure 3-17).

B.    Sign height measurement. The height of a sign shall be computed as the vertical distance from the lowest point of the base of the sign at normal grade, to the top of the highest attached component of the sign (see Figure 3-17). Normal grade shall be construed to be the lower of either the:

1.    Existing grade before construction; or

2.    Newly established grade after construction, exclusive of any berming, filling, mounding, or excavating solely for the purpose of locating the sign.

Figure 3-17 – Sign Measurement

C.    Sign height limitations.

1.    Maximum height for freestanding signs. A freestanding sign shall not exceed a height of six feet above normal grade in residential zones. Freestanding signs shall be limited to 14 feet above normal grade in all other zones except as allowed under a Master Sign Program or specific plan.

2.    Maximum height for signs on structures. The top of a sign mounted on a structure shall not extend higher than the lesser of:

a.    The window sills of the second floor, except for hotel/motels;

b.    The top of the wall to which the sign is attached, in the case of a one-story structure; or

c.    Twenty feet above normal grade; or

d.    As approved in accordance with Master Sign Program.

D.    Sign location requirements. Each sign shall be located in compliance with the following requirements and all other applicable provisions of this chapter:

1.    Each sign shall be located on the same site as the subject of the sign, except as otherwise allowed by this chapter.

2.    No sign shall project over public property, or the public right-of-way, except where the City has granted an Encroachment Permit in addition to a Sign Permit.

3.    No sign shall be placed so as to interfere with the operation of a door, fire escape, or window.

4.    Signs shall not be located within traffic safety visibility areas (see Subsection 17.30.030.E), unless otherwise approved by the Public Works Department. Exception: Pole signs with a grade to bottom of sign cabinet clearance of at least six feet may be located within traffic safety visibility areas.

E.    Signs placed within the public right-of-way.

1.    No sign shall be allowed within the public right-of-way except for the following:

a.    Public signs erected by or on behalf of a governmental agency to convey public information, identify public property, post legal notices, or direct or regulate pedestrian or vehicular traffic;

b.    Bus stop signs installed by a public transit company;

c.    Informational signs of a public utility regarding its lines, pipes, poles, or other facilities; or

d.    Emergency warning signs erected by a governmental agency, a public utility company, or a contractor doing authorized work within the public right-of-way.

e.    Awnings, canopies, projecting signs, and marquees which are entirely supported on private property may extend up to four feet into the public right-of-way or no closer than three feet from the portion of the public right-of-way used for vehicular traffic (measured from the face of the curb). Portions of the awnings, canopies, projecting signs, and marquees extending into the public right-of-way or over a public sidewalk shall have a minimum vertical clearance of eight feet between the bottom of the structure and the surface of the ground, sidewalk, or paving.

2.    Any sign installed or placed within the public right-of-way other than in compliance with this section shall be forfeited to the public and be subject to confiscation.

3.    In addition to other remedies identified in Chapter 17.80 (Enforcement and Penalties), the City shall have the right to recover from the owner, or person placing the sign, the full costs for sign removal and disposal.

4.    A sign permit shall not be required for City, state, or federal signs placed within the public right-of-way.

F.    Design criteria for signs. The following design criteria shall be used in reviewing the design of individual signs. Substantial conformance with each of the following design criteria shall be required before a Sign Permit or Building Permit can be approved:

1.    Color. Colors on signs and structural members should be harmonious with one another and relate to the dominant colors of the other structures on the site. Contrasting colors may be utilized if the overall effect of the sign is still compatible with the structure colors and prevailing colors in the surrounding neighborhood (where a theme can be identified).

2.    Design and construction. The intent of this subsection is to ensure public safety, to achieve signs of careful construction, neat and readable copy, and durability, to reduce maintenance costs, and to prevent dilapidation.

a.    Each sign should be designed by a professional (e.g., architect, building designer, landscape architect, interior designer, or another whose principal business is the design, manufacture, or sale of signs) or others who are capable of producing professional results.

b.    Each permanent sign should be constructed by persons whose principal business is building construction or a related trade including sign manufacturing and installation businesses, or others capable of producing professional results.

c.    Raceways and other electrical or mechanical sign components not directly incorporated into the sign design shall be concealed within the sign structure or building facade.

3.    Materials and structure.

a.    Sign materials (including framing and supports) shall be representative of the type and scale of materials used on the primary on-site structure and on other on-site signs.

b.    Materials for permanent signs shall be high quality, durable, and capable of withstanding weathering over the life of the sign with reasonable maintenance. Signs shall not be constructed of exposed plywood or other composite wood material; all wood materials shall contain a vinyl- or paint-coated face or be treated with a sealant to withstand the outside elements. If a marine density overlay (MDO) board is used, edges shall be sealed with weatherproofed trim and flashing.

c.    The size of the structural members (e.g., braces, columns, and crossbeams) shall be proportional to the sign panel they are supporting. In general, fewer larger supporting members are preferable to many smaller supports.

d.    The use of individual letters incorporated into the structure’s design is encouraged, rather than signs with background and framing other than the structure’s wall(s).

4.    Street address. The review authority may require that a sign include the site street address, where it determines that public safety and emergency vehicle response would be more effectively served than if the street address were displayed solely on one or more structures on the site.

G.    Copy design guidelines. The City does not regulate the message content (copy) of signs; however, the following are principles of copy design and layout that can enhance the readability and attractiveness of signs. Copy design and layout consistent with these principles is encouraged, but not required.

1.    Sign copy should relate only to the name and/or nature of the business or commercial center.

2.    Permanent signs that advertise continuous sales, special prices, or include phone numbers, etc., should be avoided.

3.    Information should be conveyed briefly or by logo, symbol, or other graphic manner. The intent should be to increase the readability of the sign and thereby enhance the identity of the business.

4.    The area of letters or symbols should not exceed 40 percent of the background area in commercial and industrial zones or 60 percent in residential zones.

5.    Freestanding signs should contain the street address of the parcel or the range of addresses for a multi-tenant center.

H.    Sign lighting. Sign lighting shall be designed to minimize light and glare on surrounding rights-of-way and properties in compliance with Section 17.30.070 (Outdoor Lighting) and the following:

1.    External light sources shall be directed and shielded so they do not produce glare on any object other than the sign.

2.    The light illuminating a sign shall not be of a brightness or intensity that will interfere with the reasonable enjoyment of residential properties.

3.    Sign illumination shall not blink, flash, flutter, or change light brightness, color, or intensity, except for electronic message display signs per Section 17.40.080.I, Electronic Message Display Signs.

4.    Colored lights shall not be used at a location or in a manner so as to be confused or construed as traffic control devices.

5.    Neither the direct nor reflected light from primary light sources shall create hazards for pedestrians or operators of motor vehicles.

6.    Reflective-type bulbs and incandescent lamps that exceed 15 watts shall not be used so as to expose the face of the bulb or lamp to a public right-of-way or adjacent property.

7.    Light sources shall utilize hard-wired fluorescent or compact fluorescent lamps, or other lighting technology that is of equal or greater energy efficiency.

8.    Permanently installed illuminated panels, visible tubing, and strings of lights outlining all or a portion of a structure, other than lighting that is primarily for indirectly illuminating architectural features, signs, or landscaping, shall be deemed “signs” subject to this chapter and shall be counted as part of the allowed sign area. Each line of tubing or lights shall be deemed to have a minimum width of at least six inches for the purpose of calculating area.

I.    Maintenance of signs.

1.    Each sign and supporting hardware, including temporary signs, shall be maintained in good repair and functioning properly at all times.

2.    Any repair to a sign shall be of equal or better in quality of materials and design as the original sign.

3.    A sign that is not properly maintained and is dilapidated shall be deemed a public nuisance, and may be abated in compliance with the Municipal Code and Chapter 17.36 (Property Maintenance).

4.    When an existing sign is removed or replaced, all brackets, poles, and other supports that are no longer required shall be removed.

5.    Unpainted areas shall be painted to match the adjacent portion of the structure or the sign support structure.

6.    All electronic message display signs shall contain a default mechanism that will cause the sign to revert immediately to a black screen if the sign malfunctions. (Ord. 1045 §§ 3(2, 3), 2017)

Each sign shall comply with the sign area, height, number, type, and other restrictions provided by this section, except as otherwise expressly provided in Section 17.40.080 (Standards for Specific Sign Types).

A.    Residential zones. Each sign in a residential zone shall comply with the following requirements:

B.    Commercial and industrial zones. Each sign in the commercial and industrial zones established by Section 17.06.020 (Zoning Map and Zones) shall comply with the requirements in Table 3-16, in addition to the provisions of Section 17.40.080 (Standards for Specific Sign Types), as applicable.

Figure 3-18 – Examples of Sign Types

Notes:

(1)    At least one foot below the top of a parapet, the sill of a second-floor window, and/or the lowest point of any cornice or roof overhang. At least one foot below the top of a parapet for a hotel/motel.

(Ord. 1045 § 3(4), 2017)

Proposed signs shall comply with the following standards applicable to the specific sign type. Each sign type listed in this section shall be included in the calculation of the total sign area allowed on a parcel by Section 17.40.070 (Zoning District Sign Standards), unless this section explicitly provides otherwise. Each sign shall also comply with the sign area, height, and other requirements of Section 17.40.060 (General Requirements for All Signs) and all other applicable provisions of this chapter. Any noncommercial message may be substituted for the copy on any commercial sign allowed by this chapter.

A.    A-board and other portable sidewalk signs. Each business may display one A-board or other portable sign in compliance with the following standards (see Figure 3-19):

1.    Limitation on location. An A-board or other portable sign shall be allowed only on private property.

2.    Sign size. Each sign shall not exceed a width of 30 inches. Sign height shall be limited to 48 inches. Sign height shall be measured perpendicular from the sidewalk surface to the highest point of the A-board sign.

3.    Sign placement. A portable sidewalk sign shall be placed only within the boundaries of the applicable business’s street frontage and shall be positioned so that it will not:

a.    Obstruct required ADA sidewalk clearance;

b.    Impede any line of sight for motorists at vehicular public right-of-way intersections, as recommended by the City Engineer;

c.    Interfere with people exiting and entering parked cars; or

d.    Be located within any landscaped area.

4.    Design and construction standards. The review authority shall approve an A-board sign only if it first determines that the design and appearance of the sign, including any graphics and/or text, will reflect attractive, professional design and that the sign will be durable and stable when in place.

5.    Stabilization. The sign shall be stabilized to withstand wind gusts or shall be removed during windy conditions.

6.    Daily removal. The sign shall be removed at the close of business each day.

7.    Maintenance. The sign shall be continuously maintained in good condition with no peeling paint or other deterioration.

B.    Awning signs. The following standards apply to awning signs in all zones where allowed by Section 17.40.070 (Zoning District Sign Standards) (see Figure 3-20):

1.    Signs on awnings are limited to ground-level or second-story occupancies only.

2.    Awnings shall not be internally illuminated. Direct exterior lighting may be allowed.

3.    Translucent awning materials are prohibited.

C.    Freestanding signs. The following standards apply to freestanding signs in all zones where allowed by Section 17.40.070 (Zoning District Sign Standards) (see Figure 3-21):

1.    Multiple signs shall be separated by a minimum of 75 feet to ensure adequate visibility for all signs. The City Engineer may modify this requirement where the locations of existing signs on adjacent properties would make the 75-foot separation impractical.

2.    A sign shall not project over public property, vehicular easements, or rights-of-way, and shall not obstruct a traffic safety sight area, as determined by the City Engineer.

3.    To assist emergency response personnel in locating the site, freestanding signs should/shall contain an illuminated street address plate. Numbers should/shall be a minimum of six inches in height. Street address numbers not exceeding 12 inches in height shall not be included in calculations of allowed sign area.

D.    Murals. A mural placed on the wall of a structure may be allowed in any commercial or industrial zone subject to the following:

1.    A mural without text visible from a public right-of-way may be approved in addition to (not counted as part of) the sign area allowed by Section 17.40.070 (Zoning District Sign Standards); a mural with text advertising the use of the business shall comply with the sign area limitations applicable to the site. When calculating sign area for a mural including text, the text and any logos (or similar feature) shall be counted as sign area and calculated in accordance with Section 17.40.060. Purely decorative aspects of the mural shall not be counted as sign area. When doubt exists whether a portion of the mural is commercial or decorative, the Zoning Administrator shall make a determination regarding the nature of that portion of the mural.

2.    Murals that illustrate the local setting and history as sources of inspiration are encouraged.

3.    Mural exhibits shall not include depictions of specified anatomical areas or specified sexual activities as defined by Chapter 5.08 SMC. Murals shall not include gang affiliation symbols or other content which, in the opinion of the review authority, could be deemed offensive to the general community.

4.    All murals are subject to the Architectural Review process in compliance with Section 17.62.030 (Architectural Review). Prior to consideration, the review authority may obtain recommendations from the Art and History Commission or other City departments to ensure that the mural is compatible with the community and does not contain any of the items described in Subsection D.3 of this section.

5.    The approval of a mural shall require that the review authority first find that the colors, placement, and size of the mural are visually compatible with the structure’s architecture, and that the mural will serve to enhance the aesthetics of the City.

E.    Projecting signs. The following standards apply to projecting signs in all zones where allowed by Section 17.40.070 (Zoning District Sign Standards) (see Figure 3-22):

1.    The maximum projection of a sign from a structure wall shall not exceed four feet or extend closer than three feet from the face of curb of the public sidewalk. Any projection over a public right-of-way shall require an Encroachment Permit from the City Engineering Division.

2.    The top of a projecting sign shall not exceed the lesser of 14 feet, eave height, parapet height, or sill height of a second-floor window. No portion of the sign shall project above the eave line of a sloped roof or the top of the parapet on a flat roof.

3.    A projecting sign shall maintain a minimum clearance of eight feet from the bottom of the sign to the finished grade or sidewalk below.

4.    Icon signs using shapes or symbols uniquely suited to the business, creative shapes, and three-dimensional signs are encouraged (see Figure 3-23).

5.    Each sign shall be graphically designed for pedestrians, with a maximum area of eight square feet on each sign face, regardless of the length of the building frontage.

6.    Sign supports shall be well-designed and compatible with the design of the sign.

F.    Temporary signs. Temporary signs other than A-boards are allowed subject to the following requirements. A-board signs are instead subject to the requirements of Subsection A of this section:

1.    Banners and pennants. A single temporary banner and/or pennant sign on private property shall comply with the following requirements:

a.    The use of a banner or pennants may be allowed only for a licensed business for a period not to exceed 30 consecutive days.

b.    A temporary sign permit may be issued for not less than two consecutive days, up to 30 days.

c.    A business is only allowed one temporary sign permit for banners or pennants every three months beginning in January and ending in December of each year in addition to the 30 days allowed for a business grand opening banner.

d.    Temporary banners and pennants shall be subject to the same size, placement, and height restrictions as permanent signs for the applicable zone.

e.    Banners and pennants shall be affixed to an exterior building facade or pole and shall not extend above the roof line or placed on top of a roof.

f.    The application for a temporary sign permit for banners or pennants shall include the dates proposed by the applicant for scheduled banner use.

g.    A bond may be posted for a banner permit as required by the Zoning Administrator. The bond may be revoked if the temporary banner or pennants are not removed within two days following their scheduled use.

2.    Subdivision signs. Signs advertising land subdivisions in any zone shall be limited to one two-sided sign of 32 square feet in area placed at a right angle to the street, or two one-sided signs of 32 square feet in area each facing the street. The signs shall be at least 200 feet apart and shall be placed only on the subdivision site or on land leased by the subdivider. The signs shall be removed within 30 days after the final lot of the subdivision is sold. The signs shall be nonilluminated.

3.    Construction signs. Construction identification signs may be allowed in all zones in compliance with the following standards:

a.    The number, placement, size, and type of signs shall comply with the sign requirements of Section 17.40.070 (Zoning District Sign Standards) for the applicable zone.

b.    The signs shall be removed before final building inspection or the issuance of a Certificate of Occupancy.

4.    Other temporary signs. Temporary signs may be authorized by the Zoning Administrator, upon submittal of a sign application, plan for removal, and the fees required by the City’s Fee Schedule.

a.    Maximum sign area.

(1)    In a residential zone, the combined area of temporary signs shall not exceed three square feet.

(2)    In a commercial or industrial zone, the combined area of temporary signs shall not exceed 24 square feet.

b.    Maximum number of signs. No more than one temporary sign shall be erected on a premises at a time.

c.    Sign placement. Temporary signs shall be subject to the same placement and height restrictions as permanent signs for the applicable zone. An off-premises temporary sign (located on a site or location other than that of the advertised activity) shall only be allowed in conjunction with an activity approved under a Limited Term Permit, in compliance with Section 17.62.040.

d.    Time limits. Temporary signs shall not be allowed for more than 30 consecutive days. Temporary signs shall not be allowed for a combined total of more than 60 days in a 12-month period. Signs advertising a particular event shall be removed within 10 days after the event.

e.    Inflatable or tethered signs. Inflatable or tethered signs are allowed for special events and may be installed for a period not to exceed five consecutive days, no more than two times in a 12-month period. These signs may exceed the maximum sign area and sign height standards for the applicable zone.

G.    Wall signs. A wall sign shall not project more than 12 inches from the surface to which it is attached.

H.    Window signs. The following standards apply to permanent window signs where allowed by Section 17.40.070 (Zoning District Sign Standards) (see Figure 3-24):

1.    Maximum sign area. Permanent window signs shall not occupy more than 25 percent of the total window area.

2.    Sign location. Signs shall be allowed only on windows located on the ground level and second story of a structure frontage.

3.    Sign materials. Signs shall consist of individual letters, logos, or symbols applied to, stenciled on, or etched into the glass surface. Neon signs with transparent backgrounds may be hung inside the window glass.

4.    Unobstructed observation. The lowermost portion of the entire window(s) (a minimum of 24 inches) shall be clear of any signs in order to allow for unobstructed observation by security personal (e.g., City police, private security).

I.    Electronic message display signs. The following standards apply to electronic message display signs where allowed by Section 17.40.070 (Zoning District Sign Standards) (see Tables 3-15 and 3-16):

1.    Location.

a.    Signs shall be located on a either an arterial roadway or collector street in a manner that the Zoning Administrator determines will not adversely interfere with the visibility or functioning of traffic signals or traffic signage, taking into consideration physical elements of the sign and surrounding area, such as information analyzing physical obstruction issues, line of sight issues, brightness issues and visual obstruction or impairment issues. No electronic changeable message sign shall be permitted on a local street.

b.    Signs must be 50 feet or more from the nearest residence on the same street as the sign.

2.    Sign area measurement. The area of an electronic message display sign does not count toward area limits for other signs in Section 17.40.070.

3.    Animation. Animated messages shall be limited to fading and dissolving, with no other effect to give the appearance of movement.

4.    Audio. No sign shall include any audio message.

5.    Duration. Signs messages shall have a minimum hold time of 30 seconds.

6.    Timing. The sign will not illuminate from the message display area between 9:00 p.m. and 6:00 a.m.

7.    Illumination. Electronic changeable message signs may be illuminated with continuous internal LED lighting. No sign shall be illuminated so that the primary source of the light is visible beyond the property line or in any way will cause excessive glare or brightness in excess of 0.3 foot candles. The Zoning Administrator reserves the right to require and/or complete a post-installation inspection of the sign illumination. If, as a result of this inspection, it is determined that the illumination is so bright as to adversely impact adjacent properties and uses, the Zoning Administrator may require shielding or a reduction and/or adjustment in the intensity of the sign illumination, so that it is in keeping with the general level of illumination of the surrounding properties. Such intensity restriction may vary by time of day and ambient light conditions. Illuminated signs located adjacent to any residential area shall be shielded to direct light downward and away from adjacent properties such that there is no spillover light and shall be controlled by a rheostat or functional equivalent to avoid excessive glare to residential properties.

8.    Light detector. No permit for such sign shall be issued unless the sign is installed with an automatic or a scheduled dimming time by which the sign’s light intensity will reduce when ambient light conditions darken. Such dimming feature shall reduce the light intensity from the sign from dusk to dawn to a level that does not impair the visibility on any adjacent roadway, or be directed onto a residential property. (Ord. 2027 § 2 (Exh. A § 12), 2024; Ord. 1045 § 3(5), 2017)

A nonconforming sign is any permanent or temporary sign that was legally established and maintained in compliance with the provisions of all applicable laws in effect at the time of original installation but that does not now comply with the provisions of this Zoning Ordinance.

A.    General requirements.

1.    A nonconforming sign shall not be:

a.    Changed to another nonconforming sign;

b.    Structurally altered to extend its useful life;

c.    Enlarged;

d.    Re-established after a business is discontinued for 30 days;

e.    Re-established after damage or destruction to 50 percent or more of the value of the sign, or its components, as determined by the City’s Building Director; or

f.    Reinstalled after facade improvements that required the removal of the sign during construction.

2.    Any interruption in the use of a nonconforming sign(s) that continues for 60 days or more shall be deemed to be an abandonment of the sign(s). Subsequent use shall comply with the regulations of this chapter. Nonoccupation or nonoperation of the building or business advertised on the sign shall be deemed an interruption of the use of the sign(s).

B.    Exceptions. An exception to the requirements of Subsection A of this section may be granted by the Commission; provided the Commission shall first make the following findings:

1.    The new proposed sign is significantly more conforming in area and/or height than the existing sign; and

2.    By approving the new sign, the exception will eliminate the existing nonconforming sign.

C.    Maintenance and allowed changes. Changes to sign copy, face nonstructural modifications, and nonstructural maintenance (e.g., painting, rust removal) are permitted subject to the approval of a Sign Permit.

A.    Signs on vacated buildings. Signs on premises that have been vacated for 60 days or more, and signs on multi-tenant buildings advertising a business that has been vacated for 60 days or more, shall be immediately removed by the owner after the expiration of that period. The Zoning Administrator may issue a notice to remove the signs after the expiration of the 60-day period. The notice to remove shall specify a 15-day period during which the signs shall be removed. If the owner does not remove the signs during the 15-day period, the Zoning Administrator may have the sign removed at costs borne by the City. The City will bill the property owner for all costs related to removal and storage. Costs not paid to the City shall be recovered in compliance with Chapter 17.80 (Enforcement and Penalties).

B.    Violation, abatement, and penalties. Any sign within the City that fails to comply with the requirements of this chapter, other applicable state statutes, or City ordinances, or for which a Sign Permit has not been obtained in compliance with this chapter, shall be subject to abatement in compliance with Chapter 17.80 (Enforcement and Penalties).

Any permit issued or denied in compliance with this chapter shall be subject to expedited judicial review to the extent provided by the time limits identified in Code of Civil Procedure Section 1094.6 et seq.